Rajasthan Housing Board (Execution 0f Contracts) Rules, 1974

The Rajasthan Housing Board (Execution 0f Contracts) Rules, 1974

Published vide Notification No. G.S.R. 311 (19)/F. 7(7) TP/74, dated 20-2-1975, published in Rajasthan Gazette Part 4-C, Sub-part 1, Ordinary, dated 27-2-1975

RJ1003

In exercise of the powers conferred by clause (c) of section 52, read with sections 23, 24 and 25 of the Rajasthan Housing Board Act, 1970 (Act No. 4 of 1970) and all other powers enabling it in this behalf, the Government of Rajasthan does hereby makes the following rules for regulating the execution of contracts in the State of Rajasthan under the said Act, namely:-

1. Short title and commencement- (1) These rules shall be called the Rajasthan Housing Board (Execution of Contracts) Rules, 1974.

(2) These rules shall come into force with effect from the date of its publication in the Rajasthan Gazette.

2. Interpretation- In these rules, unless there is anything repugnant in the subject or context:-

(a) "Act" means the Rajasthan Housing Board Act, 1970 (Act No. 4 of 1970);

(b) "Board" means the Rajasthan Housing Board established under section 4 of the Act:

(c) "Chairman" means the Chairman of the Board.

3. Manner of Execution- (1) Every Contract for the execution of any work or the supply of any materials or goods which involve an expenditure exceeding rupees five hundred shall be in writing.

(2) The contract to be executed on behalf of the Board shall be signed for and on behalf of the Board by the Chairman or any officer of the Board authorised in this behalf.

4. Form of Contract- (1) The Contract for execution of works shall be drawn in the form given at Annexure I.

(2) For other Contract. - The forms as prescribed by the Rajasthan Government for Public Works Department shall, for as practicable, be adopted.

5. Other provisions- (1) In inviting tenders and entering into contracts for the execution of its works or the supply of materials or goods the Board shall, as far as possible, follow the principles and forms laid down in Public Works Department Financial and Account Rules of the State Government and Public Works Department Manual.

(2) A Contract non executed in accordance with the provisions of these rules and the provision of the Act shall not be binding on the Board.

Annexure I

Agreement

This Agreement made the .................... day of ........... between .............. (hereinafter called "the contractor", which expression shall, where the context so admits, include his heirs, executors, administrators and assigns) of the one part and the Rajasthan Housing Board established under section 4 of the Rajasthan Housing Board Act, 1970 (hereinafter called the "Board" which expression shall, where the context so admits, include its successors and assigns) of other part.

Whereas the Contractor has agreed with the Board to execute .................. (Name of work) as fully described in Schedule G annexed hereto within a period of ............ months from ........................ to ................. in accordance with specifications, drawings, designs, general conditions of contracts and special Conditions (if any) as contained in Schedules A to I annexed hereto:

And Whereas the performance of the said work is an act in which the public are interested:

Now, This Indenture Witnesseth that in consideration of the payment to be made to the Contractor by the Board, the Contractor undertakes to duly execute the works described in the said Schedule with great promptness, care accuracy and in a workman like manner to the satisfaction of the Board and to complete the same on or before the respective date specified therein and within the time limit hereby and in accordance with the said specifications, drawings, designs and conditions of contract and further to observe, fulfil and keep all the conditions therein mentioned which all shall be deemed and taken to be part of this contract as if they had been fully set forth herein and the Board do hereby agrees that if the contractor shall duly execute and complete the said works in the manner aforesaid and observe, fulfil and keep the said condition the Board shall pay or cause to be paid to the contractor for the said works, on completion thereof and in the manner and subject to the conditions contained in Schedule C, the amount due in respect thereof at the rates specified in the said Schedule G.

In witness whereof the parties hereto have signed this agreement on the day and year first above written.