PUBLIC WORKS FINANCIAL AND ACCOUNTS RULES
(PWF&AR), PART- 11, APPENDX-X111
SCHEDULE OF POWERS DELEGATED TO THE OFFICERS IN THE
PUBLIC WORKS DEPARTMENTS (BUILDINGS & ROADS), WATER
RESOURCES DEPARTMENT, PUBLIC HEALTH ENGINEERING
DEPARTMENT, RWSSMB, IGNP, GWD AND CAD ETC.
(Refer Rule 8 & 341 of PWF&AR Part – 1 & Section 8 of RTPP Act. 2012 and Rule 11 of RTPP Rule, 2013)
PWF&AR Part 1 – Rule – 8 :-
The Powers delegated to various functionaries in the Engineering Department are
contained in appendix – xiii.
Powers restricted or enhanced in respect of any item for project/Department
Powers shall exercised only after written consultation with the senior most
accounts person
PWF&AR Part 1 – Rule – 341 :-
No authority lower then Executive Engineer accept bid or make a contract.
All legal Power on behalf of Governor
Accordance with Sechedule of Powers (SOP) of the officers
Section 8 of RTPP Act. 2012 and
Rule 11 of RTPP Rule, 2013
• Section 8 of RTPP Act. 2012 :-
• Obligation related to value of procurement –
(1) Every procuring entity shall obtain the approval of the authority which
has the necessary financial powers before initiating a procurement process.
(2) A procuring entity shall neither divide its procurement nor use a
particular valuation method for estimating the value of procurement so as
to avoid its obligation under sub-section (1) or to limit competition among
bidders or otherwise avoid its obligations under this Act.
Provided that in the interest of efficiency, economy and timely completion
or supply , a procuring entity may, for reasons to be recorded in writing,
divide its procurement into appropriate packages.
• Rule 11 of RTPP Rule, 2013 :-
• Code of integrity for procuring entity and bidders :-
(1) No officers or employee of a procuring entity or a person
participating in a procurement process shall act in contravention of
the code of integrity prescribed by the state Government .
(2) The code of integrity referred to sub-section (1) shall include
provision for
(A) Prohibiting – any offer, any omission, any collusion, improper use
of information, any financial transactions, obstruction etc.
(B) Disclosure of conflict of interest
(C) Disclosure by the bidder of any previous transgressions during the
last three years.
(3) Without prejudice to the provisions Chapter iv, in case of any breach
of the code of integrity by a bidder of prospective bidder, as the
case may be, the procuring entity may take appropriate measures.
GENERAL LIMITATIONS/CONDITIONS OF THESE POWERS :-
The powers contained in this Delegation of Financial Powers are subject to the
following general limitations/conditions :-
1. These powers shall be applicable for all works departments.
2. A financial power of an authority, given under these rules, shall automatically
vest in all higher authorities of that authority.
3. The financial power, not specifically delegated to any authority, shall vest in all
higher authorities of that authority.
4. No administrative./Financial sanction shall be issued without appropriate
budget provision. All sanctions shall be strictly restricted up to the limits of
available budget.
5. No expenditure shall be incurred from the public revenue except on the
legitimate object of public expenditure.
6. Nothing contained in these delegations shall empower any subordinate
authority to sanction, without the previous consent of Finance Department, any
expenditure which involves the introduction of a new principle or practice
likely to lead to increased expenditure in future.
7. Wherever any specific power for a purpose has been given to an authority
under this delegation, then it shall prevail over the general power (if any) for
that purpose.
8. The powers shall be subject to the budget provision in general and to the
specific budget provisions, wherever mentioned in these delegation.
9. The powers contained in these delegations shall be subject to the rules and
other provisions contained in the Rajasthan Transparency in Public
Procurement Act. 2012. Rajasthan Transparency in Public Procurement Rules,
2013 and P.W.F. & A.R.
[Link] of works bid for the purpose of keeping bids in its own competence
by any officer is an irregularity. Therefore, splitting of bids should not be
resorted to. If, however, in genuine cases, it becomes necessary in the interest
of work to split up, it should be done only after obtaining prior permission of
the authority competent to sanction the bid of work without split up. The
competent authority shall, while according permission, mention the reasons for
splitting of works.
11. The powers shall be exercised only after comments/examination by the senior
most Accounts Personnel (Financial Advisor/Chief Department/Office. While
conveying sanction, the reference of comments/examination by Accounts
Personnel shall be mentioned. However, if the sanctioning authority differs
with the advice of Accounts Personnel, the case must be submitted to next
higher authority.
12. Wherever the words “bid amount” have been used in these powers, it means
the amount offered by the bidder/contractor which is intended to be
sanctioned.
[Link] the words “estimated amount” are appearing, it means sanctioned
estimated amount of items of G-Schedule of the work concerned.
14.“Bid premium” means percentage rate above/below quoted by the contractor
over department rates or if worked out in item rates, the percentage of bid
amount over sanctioned estimated amount for deciding competence to
sanction bid.
[Link] that approved drawing & designs etc. are ready before NIB and land
has been acquired before sanction of Bid. Other actions required at
department level have been completed before sanction.
[Link] separate or special Procurement Committees/Finance
Committees/Empowered Board/TAC etc. have been constituted with
competent Government orders they shall continue to function.
[Link] Procuring Entity shall prepare a procurement plan as per provisions of
Rule 7 of RTPP Rules, 2013.
SECTIONS OF SOP
Section I - Administrative/Technical/Financial Sanctions/Approval :- 1 to 15
items
Section II - Bids, Contracts, Sanction of Rates, Execution of works as per
RTPP Act & Rules; Payment for Extra/Additional items,
Escalation; Refund of Performance Security - 16 to 39 Items
Section III - Reappropriation of Funds, Diversion of Savings – 40 to 42 items
Section IV - Execution of contract, Agreements, Deeds, Instruments, Bonds,
Lease Documents – 43 item
Section V - Stores and Stocks – 44 to 53 items
Section VI - Refund of Revenue – 54 to 56 items
Section VII - Demolitions, Disposal, let out of Public Buildings and other
Properties – 57 to 60 items
Section VIII - Write off Stocks, Tools & Plant, Measurement Books and
Muster Rolls, Receipt Books, Sanction of Estimates for losses
– 61 to 67 items
Section IX - Miscellaneous – 68 to 72 items