Rajasthan Panchayati Raj Rules 1996(Chapter 10 Works, Contracts and Purchases)

174. Annual Auction Plan by Panchayati Raj Institutions. – (1) Panchayati Raj Institution shall prepare an annual action plan equivalent to the value of 125 percent of its share of funds allocated in the preceding year before the beginning of each financial year, preferably in the Gram Sabha meeting held in the last quarter of the financial year. No work can be taken up unless it forms part of the Annual Action Plan.

(2) While preparing the annual action plan, completion of the incomplete works shall be given priority over the taking up of new works. No work shall be taken up which cannot be completed within two financial years.

(3) While preparing the plan of works, care shall be taken to safeguard the interests of the weaker section in the village, and priority shall be given to works benefiting the Schedule Caste, Scheduled Tribe, Women, and other Weaker Sections of the village society.

(4) Only those works may be taken up whose size, cost, and nature are such that they may be implemented at the local level, labor intensive and cost-effective, and do not involve a high level of technical inputs.

(5) Works taken up should be of durable nature and should meet appropriate technical standards and specifications.

175. Estimates and schedule of rates. – (1) Panchayati Raj Institution concerned shall get the plan, design, or specification and the estimate of the cost of works likely to be incurred in the execution thereof, prepared through a qualified overseer or engineer or through any other agency.

(2) Panchayati Raj Institution may prepare such an estimate based on the schedule of rates given in directives issued by Zila Parishad/DRDA from time to time.

(3) Estimates shall be technically approved by officers mentioned in Sub-rule (2) of Rule 176.

176. Sanction of works. – (1) If the estimate of the plan design or specification so prepared does not exceed the limit prescribed by the Government, the Panchayat may, subject to the availability of funds at its disposal, sanction by its resolution, the execution of the work.

(2) Technical approval shall be accorded by the competent authority prescribed by the Government from time to time.

(3) To facilitate the technical scrutiny of the plan of action of the Panchayati Raj Institutions, Zila Parishad/DRDA may prepare and approve standard signs and cost estimates of those items of work that are generally taken up by the Panchayati Raj Institutions.

(4) Works may be executed by Panchayati Raj Institutions based on approved cost norms and sanctions issued by the State Government from time to time.

177. Executive of works. – (1) The execution of work sanctioned under Sub-rule (4), of Rule 176, shall subject to the provisions of this rule, be mainly the responsibility of Panchayat/Panchayat Samiti.

(2) The execution of work shall not be commenced until: –

(a) it has been duly sanctioned,

(b) necessary funds for the same are available or have been made available,

(c) technical approval has been obtained as per Rule 176(2) or 176(3).

(3) Junior Engineer of Panchayat Samiti shall be responsible for a site inspection of the works executed by Panchayats and Panchayati Samiti at the plinth level, roof level, and on completion to ensure the quality of construction and technical specifications of the works. The details of measurements of works shall be entered in the measurement book kept for this purpose.

(4) Committee of Panchas/Members may be entrusted with the supervision of the execution of such works on site.

(5) Vikas Adhikari shall physically verify 10% of works on site and Chief Executive Officer shall check at least 10% of works every month during the inspection of Panchayat/Panchayat Samitis.

178. Completion Certificate. – (1) It shall be the duty of the Panchayati Raj Institution concerned to report the completion of work within a week for the issue of a completion certificate.

(2) Technical Officer competent to issue the completion certificate shall visit the work within one month and issue the same.

(3) Completion certificate shall be signed by the Sarpanch and Junior Engineer both.

179. Periodical Progress Report. – (1) A monthly progress report shall be prepared indicating work-wise amount sanctioned, expenditure during the month, cumulative expenditure, physical progress, percentage expenditure on wages/ material, employment of Scheduled Caste/Scheduled Tribe/Women /Landless labor.

(2) Such a report shall be sent to the next higher authority and Zila Parishad/DRDA.

180. Register of works. – (1) Every Panchayati Raj Institution shall keep a register of works in Form XXV for each work undertaken by it.

(2) Separate file shall be maintained for each work which will contain a copy of the sanction, estimate, plan, etc., of the work concerned.

(3) A separate register shall also be maintained for public contributions received for each work.

181. Ban on contractors. – (1) Panchayati Raj Institution concerned shall not execute any work through contractors. No middleman shall be engaged so that the full benefit of wages be paid to reach the workers.

(2) Panchayati Raj Institutions may however procure material on a contract basis for such works after following the procedure for inviting tenders for the purchase of construction material.

182. Contracts by the execution of deeds on behalf of Panchayati Raj Institutions. – (1) All contracts made by a Panchayati Raj Institution or on its behalf shall be expressed to be made in the name of such Panchayati Raj Institution.

(2) They shall be verified and signed by Sarpanch and Secretary jointly on behalf of Panchayat, Pradhan and Vikas Adhikari on behalf of Panchayat Samiti, Pramukh and Chief Executive Officer jointly on behalf of Zila Parishad.

Purchases

[182A. Detailed procedure for works. – In planning, sanctioning, and execution of works, every Panchayati Raj Institution, and any other executing agency shall follow the procedure and directions as specified in Gramin Karya Nirdeshika issued by the State Government.]

[183. Procurement of materials and services.] – (1) The Panchayati Raj Institution shall procure cement, limestones, bricks, stone slabs, bajri, wood, etc., required for construction works [or other articles or services] at the lowest prices.

[(a) An Annual Action Plan for procurement of materials and services by the Panchayati Raj Institution concerned shall be finalized by 31st January every year or by any other date as may be decided by the State Government on this behalf and shall be displayed on the Notice Board of the Panchayati Raj Institution concerned and on the official website of the district concerned.

(1b) Every Panchayat Samiti shall determine the Basic Schedule of Rates, hereinafter referred to as the BSR, of the materials and services to be procured by a Gram Panchayat within its jurisdiction. Such BSR shall be prepared at least once a year by 15th February or by any other date as may be decided by the State Government. The BSR shall be finalized by a committee consisting of the following, namely:-

(i) Block Development Officer Chairperson

(ii) Assistant Engineer working in the Panchayat Samiti Office   Member Secretary

(iii) Assistant Engineer, Public Works Department of the Panchayat Samiti area  concerned Member

(iv) Assistant Engineer, Water Resources Department of the Panchayat Samiti area concerned  Member

(v) Accountant or Junior Accountant of the Panchayat Samiti   Member

(vi) Gazetted Officer working at Panchayat Samiti headquarters nominated by the District Collector/District Program Co-ordinator Member

Note. – In the event of the post of Assistant Engineer, Panchayat Samiti being vacant, the Block Development Officer shall co-opt another Assistant Engineer working in another department within the area of the Panchayat Samiti.

(1c) Approval of the BSR, finalized by the committee constituted under subrule (lb), shall be obtained from the District Level Rate Finalization Committee consisting of the following, namely:-

(i) District Collector Chairperson

(ii) Chief Executive Officer, Zila Parishad   Member

(iii) District Level Officer of the Public Works Department   Member

(iv) District Level Officer of the Water Resources Department   Member

(v) District Level Officer of the Forest Department   Member

(vi) Executive Engineer, Mahatma Gandhi National Rural Employment Guarantee Scheme Member

(vii) Senior most functionary of the Industries Department working at the District Headquarters  Member

(viii) Executive Engineer, Engineering of the Zila Parishad   Member Secretary]

(2) Material should be of good quality as per specifications and I.S.I. mark if it is a standard item.

(3) Material shall be purchased from a manufacturer or wholesale supplier directly rather than through a contractor or a middleman.

(4) Panchayati Raj Institution may assess the demand for such material required during the year and may invite open tenders if the total value exceeds Rs. 30,000/-.

(5) Purchase may be avoided to be made in small parts.

[(6) Tenderer must be a dealer registered under the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003). The Tenderer must mention his registration number (TIN) in the tender and enclose a copy of the tax clearance certificate issued by the concerned Assessing Officer, failing which the tender shall be rejected.]

[[184. Procurement to be made by tenders.] – (1) No tenders shall be required if the purchase amount is less than Rs. 3001/-, and it may be done on a single quotation basis or on a rate contract approved by the Central/State Government of Zila Parishad.

(2) If the amount of purchase is more than Rs. 3000/- but up to Rs. 50,000/- it may be made on a limited tender basis by inviting competitive rates from not less than three suppliers dealing in such material.

(3) Open tenders shall be invited in a sealed cover if the amount of purchase exceeds Rs. 50,000/-.

[4. The Gram Panchayat shall follow the following procedure for the procurement of materials and services, namely:-

(a) The materials and services to be procured by the Gram Panchayat concerned through limited or open tender shall not ordinarily exceed the latest Basic Schedule of Rates as finalized under the provisions of sub-rule (1b) and (1c) of Rule 183.

(b) In the case where the rates of items invited at the Panchayat level through limited or open tender is up to 10% more than the latest Basic Schedule of Rates, the dram Panchayat concerned shall refer such matters to the Panchayat Samiti within a maximum period of one week and such case shall be examined by the Rate Finalization Committee constituted under sub-rule (lb) of Rule 183 and the decision of such Committee shall be final,

(c) In cases where the rates of items invited at the Panchayat level through limited or open tender is more than 10% but up to 25%, the same shall be referred by the Committee constituted under sub-rule (lb) Rule 183 to the District Collector along with its comments recommendations within a maximum period of one week. The reference so received shall be examined by the District Level Rate Finalization Committee constituted under sub-rule (lc) of Rule 183. The committee shall examine all such matters referred to it and decide the same within a maximum period of 10 days.]

Note -The limited tender will be allowed up to the limit of Rs. 50,000/- in each case up to an annual limit of Rs. 20,000/-.]

185. Notice inviting tenders. – (1) The notice inviting open tenders in sealed cover shall be issued specifying: –

(a) Articles required, quantity, specifications as regards quality and approximate value, and other necessary details e.g., rates may be quoted for each item or in groups, etc.

(b) The date and time of submission of tenders in the office of Panchayati Raj Institution concerned.

(c) 2% earnest money of the estimated value to be deposited with the tender.

(d) The date and time at which the tenders will be opened.

(e) Authority competent to accept the tender or reject without assigning any reason therefor.

(2) A copy of such tender notice in Hindi shall be pasted at the office of the Panchayati Raj Institution concerned and such other places as may be deemed fit and copies shall also be sent to reputed firms, dealers, and suppliers.

(3) Advertisements shall be sent in at least one newspaper having wide circulation in the district.

[(4) The period of notice shall be as under: –

(a) 10 days, if the tender amount is more than Rs. 50,000/- but up to Rs. 5,00,000/-:

(b) 15 days, if the tender amount is more than Rs. 5,00,000/- but up to Rs. 10,00,000/-;

(c) 30 days, if the tender amount is more than Rs. 10,00,000/-;

Provided that in case of urgent requirement which shall be recorded in writing the purchase committee and committee at the level of the department, may reduce the period of notice for open tender from 30 days to 20 days and from 15 days to 10 days.]

186. Opening of tenders. – (1) On, but not before the date and time specified in the notice, tenders shall be opened by the purchase committee in the office of Panchayati Raj Institution concerned in the presence of such tenderers or their representative as may be present at that time. It shall be verified that seals are intact and the date and time of opening shall be endorsed on each tender by the officers present by signing the tender.

[Provided that the meeting of the Purchase Committee, constituted under, clause (a) of sub-rule (2) may be held at the Gram Panchayat or Panchayat Samiti office.]

(2) Purchase Committee shall be constituted as under: –

(a) Panchayat level: –

(i) Sarpanch (Chairman)

(ii) Up-Sarpanch

(iii) Chairman of the vigilance committee.

(iv) Secretary.

[(v) Junior Fngineer of Panchayat Sanjili

(vi) Accountant or Junior Accountant of Panchayat Samiti

A Gram Panchayat shall procure materials and services through such a Purchase Committee. To constitute the quorum of the committee, the presence of the Junior Engineer and Accountant or Junior Accountant of the Panchayat Samiti, Sarpanch, and Secretary of Gram Panchayat shall be essential.]

(b) Panchayat Samiti level: –

(i) Pradhan (Chairman)

(ii) Vikas Adhikari

(iii) Junior Engineer

(iv) Senior most Account Official of Panchayat Samiti

(c) Zila Parishad level: –

(Rates contracts for the purchase of furniture, stationery, school articles, and office items).

(i) Pramukh (Chairman)

(ii) Chief Executive Officer

(iii) Accounts Officers/Assistant Accounts Officer of Zila Parishad or Treasury Officer of the district

(iv) An officer nominated by Collector

(v) Two Vikas Adhikaris of the districts.

(3) All the tenders except those which are rejected due to reasons recorded thereon, shall be tabulated, and scrutinized and a comparative statement of item-wise rates shall be prepared.

187. Rejection of Tenders. – Tenders received after the due date and time, or which do not fulfill the requirements of notice issued under Rule 185 or with which no earnest money has been deposited within due time, or which are otherwise not in order shall ordinarily be rejected.

188. Acceptance of Tenders. – (1) All tenders which upon being opened by the Committee are found to be in order and are not rejected under Rule 187 shall be placed for final approval by the Panchayati Raj Institution concerned.

(2) Lowest tender shall ordinarily be accepted and where it is considered necessary to reject the lowest tender, the reasons therefor shall be recorded in writing.

(3) When the tender is in respect of more than one article for example stationery article or construction materials, the comparative prices can be considered either individually for each article or conjointly for all articles or for specified groups of articles, so long as the sum total of the tender, accepted is the lowest, provided that the intention of the Panchayati Raj Institution to select the lowest tender in any of these ways is made in the tender notice.

(4) If the tender is considered conjointly for all articles or for groups of articles, the cost of the probable requirements in respect of all the articles or of all the articles in each group, as the case may be, shall be worked out concerning the rates given in each tender and the lowest tender will be that according to which the total cost of the probable requirements of all the articles proposed to be taken together works out to be the least.

(5) Panchayat Samiti may finalize rates for the purchase of construction material at their level and circulate such rates list for the guidance of Panchayats within their jurisdiction who may procure those items locally on the same rates but in no case higher than such rates.

(6) Where the capacity for supply and the integrity of the tenderer is not known, his tender needs to necessarily be rejected, and such additional security or bank guarantee may be taken from such tenderer as deemed necessary.

189. Calling upon fresh tenders. – If no tender is accepted and it is found necessary to purchase materials, goods or stores, the fresh tender shall be invited according to the procedure laid down in the foregoing rules.

[190. Purchase from Co-operative Societies. – If the price is reasonable and quality is satisfactory, the purchase shall be preferably made from the following registered Co-operative Societies of the area concerned, namely:-

(1) Gram Sewa Sahakari Samiti Limited,

(2) Kray Vikray Sahakari Samiti Limited,

(3) Zila Sahakari Upbhokta Bhandar Limited. ]

191. Agreement. – (1) When a tender is accepted, a deed of agreement in Form No. XXVI with such variation as the circumstances of the case may require, will be executed by the person whose tender is accepted.

(2) Such deed shall include a clear statement of the conditions under which the contract is given, and shall specify the penalty to which the tenderer shall be liable for breach of any of those conditions.

192. Exemption from Purchase Rules. – Nothing contained in Rules 183 to 191 shall apply to the purchase of: –

(a) Controlled articles at controlled rates through a permit issued on the orders of the State Government, by their agents,

(b) Articles from any institution run by the State Government,

(c) Articles on rate contract of the Central Government, State Government, or Zila Parishad for the district,

(d) Any article which is permitted to be purchased by any general or special order of the State Government without inviting tenders or quotations.