The Haryana Municipal Works Rules, 1976

Published vide Haryana Government Notification No. GSR 1991..../76, dated 3.9.76

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Short title, commencement and extent.- (1) These rules may be called the Haryana Municipal Works Rules, 1976.

(2) They shall come into force at once.

(3) They shall apply to all the municipalities.

Definitions.- In these rules, unless there is anything repugnant in the subject or context, the expressions, -

(a) "Act" means the Haryana Municipal Act, 1973 ;

(b) "administrative approval" means an approval to a projected work by the authority empowered by these rules to accord such approval ;

(d) "electric works" and "electrical projects" include all works and projects for the generation, distribution or utilisation of electrical energy for any purpose except the transmission of a message ;

(e) "Government"means the Government of Haryana in the Local Government Department ;

(f) "Sanitary Board" means the Sanitary Board for the State of Haryana for the time being constituted under the orders of the State Government ;

(g) "sanitary project" and "sanitary works" respectively include all projects and works -

(i) connected with the collection, storage, protection, supply, distribution system and regulation of water for drinking and flushing,

(ii) connected with storm sewerage, sanitary, sewerage or the utilisation of sewerage,

(iii) connected with the regulation of sanitation of streets, slaughter-houses, markets, lodging houses, sarai, bathing ghats and other public places, or

(iv) subsidiary to or connected with or relating to the construction and maintenance of water supply scheme, storm sewerage scheme, storm surface channels, and sanitary sewerage scheme,

(h) "technical sanction" means the sanction of the authority empowered by these rules to accord such sanction, to the detailed plans and estimates or projected work ;

(i) words and expressions used herein, and not defined in these rules, shall have the same meaning as assigned to them in the Act.

Classification of Committees.- for the purpose of these rules, every committee shall be deemed to belong to the class notified under [section 2A of the Act.]
Limitation of Committee's power of administrative approval.- [(1) No original work shall be undertaken by a Municipal Council if it involves an expenditure exceeding Rs. 3,00,000 or by a Municipal Committee if it involves an expenditure exceeding Rs. 1,50,000 without administrative approval of competent authority.

(2) If the proposed expenditure exceeds Rs. 3,00,000 but does not exceed Rs. 10,00,000, approval of the Director, Urban Development and if it exceeds Rs. 10,00,000, approval of the Sanitary Board in case of sanitary work and in case of other works approval of Government shall be obtained.]

(3) Before according such administrative approval the authority concerned shall satisfy itself by a reference to Government or otherwise, that, -

(a) funds for the execution of the work are likely to be forthcoming within the next two years, and

(b) funds to the extent of an amount approved by the authority according technical sanction are likely to be forthcoming for annual maintenance after completion of the work.

Administrative approval.- (1) In cases other than those provided for in rules 4 and 10, no original work shall be undertaken by a committee until approval has been accorded to the work by formal resolution of the committee which shall expressly state that it will be in a position to provide money required for the execution of the work concerned and also for its maintenance.

(2) No committee shall accord administrative approval to an original work unless such rough estimates and plans have been submitted to it as may be required by the authority whose technical sanction to the work is necessary under these rules.

(3) Before according such administrative approval, the committee shall satisfy itself that, -

(a) funds for the execution of the work are likely to be forthcoming within the next two years ; and

(b) funds to the extent of an amount approved by the authority according technical sanction are likely to be forthcoming for annual maintenance after completion of the work.

Consent of railway authorities.- Wherever the alignment of a new municipal road, sanitary sewerage, open surface drain, water supply pipe line, etc. passes close to or involves any alteration to or diversion of pre-existing railways, or interferes with any work or land appertaining to the same, the written consent of the authorities incharge of such railways to the proposed construction of the new municipal road, sanitary sewerage, open surface drain, water supply pipe line, etc. shall be obtained before any work thereon in taken up.
Limitation on powers of the committees regarding technical sanction.- (1) No original work shall be undertaken by a committee,-

(i) having in its employ an engineer possessing such qualifications as are prescribed from time to time by the State Government for recruitment to the Haryana Service of Engineers Class II P.W.D. (B and R. Branch) or P.W.D. (P.H. Branch) and in addition to such qualifications, two years, professional experience , if it involves an expenditure exceeding [Rs. 3,00,000] ;

(ii) having in its employ an Overseer possessing such qualifications as are prescribed by the State Government for the Haryana Subordinate Engineering Service (B. and R. Branch) or P.W.D. (P.H. Branch) and in addition to such qualifications, there years' professional experience if it involves an expenditure exceeding [Rs. 150,000] ;

(iii) [-]

[(2) The authority competent to grant technical sanction foran original works shall be -

(i) the Executive Engineer (Headquarters), Directorate of Urban Development Department if the expenditure involved exceeds Rs. 3,00,000 but does not exceed Rs. 5,00,000;

(ii) the Superintending Engineer, Directorate of Urban Development (Headquarter), if the expenditure involved exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000;

(iii) the Chief Engineer, Directorate of Urban Development (Headquarter), if the expenditure involved exceeds Rs. 10,00,000.]

(3) The committee shall be bound during the execution of a work falling under sub-rule (1) or sub-rule (2) to give effect to all modifications and to conform to all conditions imposed by the sanctioning authority with regard to such work.

(4) The Government may, in the case of any committee on such conditions as it may deem fit to prescribe and for a period not exceeding three years, raise by notification the limits of expenditure prescribed under sub-rule (1) or sub-rule (2).

Revised administrative approval.- (1) If the detailed estimate of any project when prepared exceeds the amount administratively approved by ten per cent or if it becomes apparent during the execution of any work that the amount administratively approved will be exceeded by ten per cent owing to the increase of rates or other reasons the revised administrative approval of the competent authority to the increased expenditure shall be obtained without delay. Similarly, revised administrative approval shall be obtained to important modifications of the proposal originally approved even though the cost thereof may be covered by saving on other items.

(2) Administrative approval shall require renewal of funds if funds have not been appropriated to the work or scheme in question in either of the two budgets succeeding the date of the original approval.

Example. - An administrative approval given to a work in the year 1974-75 ceases to be operative on 31st March, 1975, and requires renewal unless the work finds a place in the budget voted for 1975-76 or 1976-77 or had funds appropriated to it by additional grant in 1975-76.

Saving.- Notwithstanding anything to the contrary in these rules if the Government, the Sanitary Board, the Electricity Board or any other Board or authority established by the Government is to contribute any portion of the cost of a work, administrative approval and technical sanction shall be accorded by such authority as the Government or the Board the authority concerned may appoint in this behalf.
Requirement of technical sanction.- In cases other than those provided for in rules 7 and 9, no original work shall be undertaken by a committee without the technical sanction of the Municipal Engineer or if there is no Municipal Engineer, of such person as the Deputy Commissioner may appoint in this behalf.
Approval of the Government for entering into agreement.- No committee shall enter into any agreement with any electric supply company other than Haryana State Electricity Board for the purchase of electrical energy or for supply of any material or the maintenance of any work for the purpose of or relating to the supply of such energy unless terms on which such energy or such material is to be supplied or such works are to be maintained by such company, have been approved by the Government, and every application for such approval shall be forwarded to the Government through the Deputy Commissioner and the Chief Electrical Inspector at Government, Haryana.
Establishment of depreciation fund.- (1) Administrative approval under these rules, in respect of works, sanitary works or sanitary projects and electrical works shall not be accorded unless the competent authority is satisfied that the committee has created a depreciation fund and shall credit to such fund from its revenue such amount in respect of depreciation of fixed assets employed in the business as is arrived at by dividing ninety per cent of the original cost of the assets by the prescribed period in respect of such assets.

(2) The depreciation fund shall be applicable only to the purpose for which it is created :

Provided that the committee may, for reasons to be recorded in writing and with the previous sanction of the Government, apply to any other purpose to which the municipal fund is applicable under section 57 of the Act.

Grant-in-aid.- (1) Every application from a committee for grant-in-aid for an original work shall be submitted with a copy of the order of administrative approval or with an application for administrative approval, as the case may be, through the Deputy Commissioner to the Sanitary board for sanitary works, and to the Government for other works.

(2) No such grant-in-aid shall be credited to the municipal fund until the prescribed administrative approval and technical sanction are accorded to the work for which the grant-in-aid is sought; provided the Sanitary Board may credit a grant-in-aid in advance of technical sanction if for any special reasons it deems advisable to begin the work on the rough project.

(3) The committee shall not permit a work, for which a grant-in-aid has been promised or given, to be started without the previous sanction of authority which has promised or given such grant-in-aid.

Preparation of preliminary plans etc.- (1) Preliminary surveys, plans, specifications and estimates for works shall ordinarily be prepared by the Municipal Engineer.

(2) When a committee resolves not to employ its own permanent agency for the preparation of the preliminary surveys, plans, specifications and estimates for any project which requires the administrative approval of higher authority under these rules, it shall apply to that authority for the necessary professional staff to prepare all preliminary surveys, plans, specifications and estimates.

Preparation of detailed plans and execution of works.- (1) If the technical sanction to a project is within the powers of Municipal Engineer, he shall be competent to prepare the detailed surveys, plans, specifications and estimates and execute the work.

(2) If the technical sanction of higher authority is required, the committee may resolve to work through its own engineering staff and shall in that case obtain a written certificate from the authority/officer empowered to give technical sanction as specified in sub-rule (2) of rule 7, to the effect that the said staff is competent to prepare the detailed plans, specifications, surveys and estimates and to execute the work :

Provided that there will be no need of obtaining such a certificate for the execution of work, other than sanitary works and electric works,-

(i) involving any amount of expenditure if the committee have in their employ an Engineer possessing such qualifications as are mentioned in rule 7(1)(i) ;

(ii) involving an expenditure up to [Rs. 150,000] if a committee have in their employ an Engineer/Overseer possessing such qualifications as mentioned in rule 7(1)(ii) ;

(iii) involving an expenditure upto Rs. 50,000 if a committee have in their employ an Engineer/Overseer holding certificate/diploma in Civil Engineering obtained from any of the institution recognised by the Government in this behalf.

(3) If the certificate required under sub-rule (2) of this rule is not given, the committee shall have the said surveys, plans, specifications and estimates carried out by the authority/officer empowered to give technical sanction as specified in sub-rule (2) of rule 7.

The committee shall pay to the Government an account to services rendered by the officers of Public Works Department; Buildings and Roads branch or Public Works Department, Public Health Branch, such fee as are detailed in the following table, namely :-

Description of work	If the estimated cost of the work is less than Rs. 10,000	If the estimated cost of work is from Rs. 10,000 to Rs. 29,999	If the estimated cost of the work is Rs. 30,000 or over
1	2	3	4
For visiting a site and giving advice preparatory to design	Travelling allowance according to Government rules plus a fee of Rs. 50 for each day or part of a day
For the preparation of preliminary plans and estimates by cubic measurement or otherwise	1¼ per cent of the estimated cost	1 per cent the estimated cost	¾ per cent of the estimated cost
For the preparation of general drawing plans (estimates) elevations, section and specifications.	1¼ per cent of the estimated cost	1 per cent of the estimated cost	¾ per cent of the estimated cost
For the preparation of half inch full size and other detailed drawing	1¼ per cent of the estimated cost	1 per cent of the estimated cost	¾ per cent of the estimated cost
For interviews and correspondence with the Engineer incharge of construction to an extent not amounting to supervision	1¼ per cent of the estimated cost	1 per cent of the estimated cost	¾ per cent of the estimated cost
For the supervision of construction including periodical inspection to the extent necessary to the extent necessary to ensure efficient construction and the issue of all necessary orders regarding the work and the tendering of advice during execution	3 per cent of the estimated cost	3 per cent of the estimated cost	2 per cent of the estimated cost
For the preparation of plans and estimates and construction through the staff of the Public Works Department			7 per cent departmental charges
For the preparation of plan of the town where none already exists and such preparation is an essential preliminary to the preparation of the plans and estimate for the work under consideration			Such sums as may be agreed upon in each case before the preparation of the plan is taken in hand

[Provided that the committee may engage with the approval of the Director, Urban Development, a consultant for preparation of detailed drawings and estimates of projects estimated to cost more than Rs. 3,00,000 for Commercial and other schemes for the purpose of increasing revenue of the Municipality and to avail loans/grants from State Government/Government of India, other agencies/financial institutions :

Provided further that the fee payable shall not exceed the rates prescribed in the above table:

Provided further that consultants so engaged will be responsible for furnishing of all necessary details for according technical sanction. Final payment of fee shall be made only after according technical sanction and the administrative approval by the competent authority.]

Repeal.- The Municipal Works Rules, 1925, as applicable to the State of Haryana are hereby repealed :

Provided that any action taken or deemed to have been taken or anything done, or deemed to have been done, under the rules, hereby repealed shall be deemed to have been taken or done under the corresponding provision of these rules.