Faridabad Complex Administration Works Rules, 1977
Published vide Haryana Government Notification No. 6174-2CI- 77/26761 26th August, 1977
hl239
Local Government Department
No. 8740-ICI-76/35190 - In exercise of the powers conferred by Section 57 of the Faridabad Complex (Regulation and Development) Act, 1971, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules, namely :- 1. Short title. - These rules may be called the Faridabad Complex Administration Works Rules, 1977. 2. Definitions. - In these rules, unless the context otherwise requires, -(a) "Act" means the Faridabad Complex (Regulation and Development) Act, 1971;
(b) "Administrative approval" means an approval to a projected work by the authority specified in the Schedule to accord such approval :
(c) "Administration Engineer" includes Chief Engineer, Superintending Engineer, Executive Engineer and Assistant Engineer of the Administration;
(d) "Competent Authority" means the Authority specified in the Schedule;
(e) "Electricity Board" means the Haryana State Electricity Board;
(f) "Electrical 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 message;
(g) "Government" means the Government of Haryana in Local Government Department
(h) "Original works" include new construction whether of entirely new works or additions and alterations to existing works, also all repairs to newly purchased or previously abandoned buildings or works required for bringing them into use;
(i) "Sanitary Board" the Sanitary Board for the State of Haryana for the time being constituted under the orders of the State Government;
(j) "Sanitary Projects and Sanitary works" include all projects and works, -
(i) connected with collections, storage, protection, supply, distribution system and regulation of water for drinking and flushing;
(ii) connected with the drainage, sanitary sewerage or the utilisation of sewerage;
(iii) connected with the regulation of sanitation of streets, slaughter houses, markets, lodging houses, serials, bathing gets 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;
(k) "Schedule" means the Schedule appended to these rules;
(l) "Technical sanction" means the sanction of the authority specified in the Schedule to accord such sanction to the detailed plans and estimates of projected work;
(m) Words and expressions used herein, and not defined in these rules, shall have the same meaning as assigned to them in the Act.
3. Administrative Approval and establishment of depreciation fund. - (1) No original work shall be undertaken without the administrative approval of the competent authority. (2) Before according administrative approval, the authority concerned shall satisfy itself by a reference to the 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;
(c) the Administration 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.
(3) The depreciation fund shall be applicable only to the purpose for which it is created: Provided that the Administration may, for reasons to be recorded in writing and with the previous sanction of the Government, apply the said fund to any other purpose to which the Administration fund is applicable under Section 17 of the Act. (4) No Administrative approval to an original work shall be granted by the Competent authority 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; (5) Wherever the alignment of new road, sanitary sewerage, open surface drain, water supply pipe line, etc, passes close to or involves any alteration to or diversions of pre-existing railways, or interferes with any work or land appertaining to the same, the written consent of the authorities in charge of such railways to the proposed construction of the new road, sanitary sewerage, open surface drain, water supply pipe line, etc., shall be obtained before any work therein is taken up. 4. Technical Sanction and condition for taking up works. - (1) No original work shall be undertaken by the Administration unless, -(a) technical sanction of the competent authority has been obtained;
(b) it has in its employ an Engineer possessing qualifications and experience prescribed under Rule 9
(2) The Administration shall be bound during the execution of work to give effect to all modification and to conform to all conditions imposed by the sanctioning authority with regard to such work. 5. Revised Administration Approval. - (1) If the detailed estimate of any project whom 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 savings on other items. (2) Administrative approval shall require renewal if funds have not been appropriated to the work or scheme in question in either of the two budgets succeeding the date of original approval. Example - An Administrative approval given to a work in the year, 1971-72 ceases to be operative on 31st March, 1972 and requires renewal unless the work finds a place in the budget passed for 1972-73 or 1973-74, or had funds appropriated to it by an additional grant in 1972-73. 6. Saving. - No withstanding anything to the contrary contained in these rules, if the Government, the Sanitary Board, the Electricity Board, or any other board or authority established by the State 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 in the concerned department or the Board or the authority concerned may appoint in this behalf. 7. Electrical Sanitary Works. - The works of street light of the Administration shall be get executed through the Electricity Board per rules of the Board unless the Board agrees, in writing, for the execution of such works by the Administration : Provided that the (1) Electric Works involving expenditure exceeding Rs. one lac shall be executed by the Administration only if it has an Electrical Engineer of the rank of Superintending Engineer (2) Sanitary Public Health Work involving expenditure exceeding Rs. one lac shall be executed by the Administration only if it has an Engineer of the rank of Superintending Engineer with experience of Public Health Works, otherwise such works shall be get executed through the agency of Public Health Department of the State Government. 8. Grant-in-aid. - (1) Every application 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, 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 Administration fund until the prescribed administrative approval and technical sanction is accorded to the work for which the grant-in-aid is sought, provided that the Sanitary Board may credit a grant-in-aid in advance of technical sanction if for any special reason it deems it advisable to begin the work on the rough project. (3) The Administration shall not permit a work, for which a grant-in-aid has been promised or given, to be started without the previous sanction of the authority which has premised or given such grant-in-aid. 9. Qualifications of Administration Engineers. - (1) No person shall be appointed as Administration Engineer if he does not possess the qualifications and experience prescribed by the State Government for respective posts in its employment or as may be prescribed in the service rules of the Faridabad Complex Administration as and when the same are framed. (2) All appointments under sub-rule (1) shall be subject to the approval of the Government and subject to such conditions as it may impose; Provided that nothing contained in this rule shall apply to the temporary appointment as Assistant Engineer of any person for a period not exceeding six months in the aggregate. (3) No person shall be appointed as Assistant Engineer under sub-rule (2) if he does not possess the qualifications prescribed by the Government for the recruitment of members of the Haryana Engineers Service, Class II. (4) No person shall be appointed as an Overseer in the Administration unless he has passed the Overseer's Examination from the Government School of Engineering, Resul Gurdaspur (Now Nilokheri) or from any other Technical Institution recognised by the Haryana Public Works Department, Buildings and Roads Branch, for the appointment of Overseer or obtained a diploma from any institution recognised by the State Government. 10. Preparation of Preliminary Plans, etc. - (1) Preliminary surveys, plans, specifications and estimates for works shall ordinarily be prepared by the Administration Engineer. (2) When the Administration 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 the higher authority under rules, it shall apply to that authority for the necessary professional staff to prepare all preliminary surveys, plans, specifications and estimates. 11. Preparation of detailed plants/execution of works. - If technical sanction to a project is accorded by the competent authority, the Administration Engineer shall, subject to the provision of these rules, be deemed to be competent to prepare the detailed surveys, plans, specification and estimates and execute the work.Note I. - The rules contained in the P.W.D. Code and the Departmental Financial Rules shall be observed while preparing preliminary surveys, plans, specification, estimates and while executing the works, in so far as the said rules are not inconsistent with these rules.
Note II. - Regarding completion of work, the completion certificate shall be furnished by the authority competent to accord technical sanction counter signed by the next higher technical authority, if there is one in the service of the Administration.
12. Fees to Staff. - Except the Electrical Engineer for whose services the scale of fee payable was notified, vide Notification No. 820-6-14126, dated the 6th November, 1924, the Administration shall pay to the Government on account of services rendered by the officers of the Public Works Department, the fees detailed in the table, namely :-Table
Description of work |
If the estimated cost of the work is less than Rs. 10,000 |
If the estimated cost of the work is from Rs. 10,000 to Rs. 29,999 |
If the estimated costs of 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 |
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For the preparation of preliminary plans and estimates by cubic measurement of otherwise |
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 general drawing plans (Estimates), elevations, sections 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 drawings |
Ditto |
Ditto |
Ditto |
For the interviews and correspondence with the Engineer In charge of Construction to an extent not amounting to supervision |
Ditto |
Ditto |
Ditto |
For the supervision of construction including periodical inspection to the extent necessary to ensure efficient construction and the issue of all necessary orders regarding the work and the tendering of the 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 estimates for the work under consideration |
Such sum as may be agreed upon in each case before the preparation of the plan is in hand |
Table
Description of work |
If the estimated cost of the work is less than Rs. 10,000 |
If the estimated cost of the work is from Rs. 10,000 to Rs. 29,999 |
If the estimated cost of the work is Rs. 30,000 or more |
1 |
2 |
3 |
4 |
For visiting a site and giving advice preparatory to design, or during execution of work |
Travelling allowance according to Government rules plus a fee of fifty rupees for each day or part of a day
|
||
For the preparation of preliminary plans and estimates by cubic measurement or otherwise |
2¼ per cent of the estimated cost |
1¾ per cent of the estimated cost |
1¼ per cent of the estimated cost |
For the preparation of general plans, elevation, sections and specifications |
Ditto |
Ditto |
Ditto |
For the preparation of half inch, full size and other detailed drawings |
Ditto |
Ditto |
Ditto |
For correspondence and interviews with the engineer in charge of construction to an extent not amounting to supervision |
Ditto |
Ditto |
Ditto |
Schedule
Schedule of Financial Powers Regarding Execution of Works by the Faridabad Complex Administration
S.No. |
Nature of Power |
Competent Authority |
Extent of Powers |
Remarks |
1. |
To accord administrative approval to proposals for works |
Subject to Budget provision |
|
|
|
(a) Works other than sanitary works |
(i) Government |
Full powers |
|
|
(b) Sanitary works |
(i) Sanitary Board |
Full powers |
|
Note - (1) The meeting of the Technical Committee will be called by the Chief Administrator as and when necessary. For this purpose Government officer attending the meeting will be paid travelling allowance by the Faridabad Complex Administration as per Government Rules. |
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2. |
To accord technical sanction to the detailed estimates of works - |
|
|
|
|
(a) Works other than Electrical works |
(i) Chief Engineer of the Administration |
Full Powers |
|
Note - Till the appointment of Chief Engineer by the Administration of Technical Committee consisting of Chief Engineers, P.W.D., B. and R./P.H., Superintending Engineer and Executive Engineer of the Administration. |
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|
|
(ii) Superintending Engineer of Administration whether whole time or part time |
Up to Rs. 10,00,000 for each work |
|
|
|
(iii) (a) Executive Engineer Administration with a minimum of 10 years service (including the service as Assistant Engineer) |
Up to Rs. 1,00,000 for each work |
|
|
|
(b) Other Executive Engineer Administration |
Up to Rs. 50,000 for each work |
|
|
|
(iv) Assistant Engineer, Administration |
Up to Rs. 10,000 for each work in the absence of Executive Engineer mentioned at (iii) above in case of emergency only |
|
|
(b) Electrical Works |
(1) Chief Engineer of the Administration |
Full Powers |
|
Note - Till the appointment of Chief Engineer by the Administration a Technical Committee consisting of Chief Engineers, Electrical (HSEB) Superintending Engineer and Executive Engineer of the Administration. |
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(ii) Superintending Engineer Electrical of the Administration whether whole-time or part time |
Up to Rs. 10,00,000 for each work |
|
|
|
(iii) Executive Engineer (Administration) |
Up to Rs. 2,00,000* for each work |
|
|
|
(iv) Assistant Engineer, Administration |
Up to Rs. 10,000 for each work in the absence of Executive Engineer mentioned at (iii) above and in case of emergency only |
|
* Substituted vide Haryana Government Notification No. GSR 53/HA42/71/S.57/91 dated 5.8.1991.
# Substituted vide Haryana Government Notification No. GSR 19/HA42/71/S.57/94 dated 11.3.1994.