GOVERNMENT OF JHARKHAND

JHARKHAND PUBLIC WORKS DEPARTMENT CODE

First Edition

2012

Published by Government Press

Ranchi

(The right of Publication and Translation are reserved)

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Division or Independent Brigade. These officers will take necessary steps to
obtain the sanction of Government of India in the Ministry of Defence to the
proposals.

G – Transfer of Government Land and Buildings.

154. Except as expressly provided otherwise in any rule or order made by

Government no land belonging to Government may be sold or made over to
a local authority, private party or institution for public, religious, educational
or any other purposes, except, with the previous sanction of Government.

155. When any immoveable public property is made over to a local authority
for public, religious, educational or any other purposes, the grant should be
made expressly on the conditions in addition to any other that may be
settled, that the property shall be liable to be resumed by Government if used
for other than the specific purposes for which it is granted and that, should
the property be at any time resumed by Government, the compensation
payable therefore shall in no case exceed that amount, if any paid to
Government for the grant together with the cost or their present value,
whichever may be less, of any buildings erected or other works executed on
the land by the local authority.

Note - The orders regarding the alienation of land and assignment of

land revenue, which is to be distinguished always from the alienation of
the land itself, are contained in Chapter VIII, rules 167–173 of the
Government estates Manual, 1941.

156. All land, the property of Government should ordinarily be sold through
the Revenue Department.

157. (a) The transfer of Government land or buildings from one department
of State Government to another is regulated by rule 327 of the Jharkhand
Treasury Code. Vol. 1.

b) The transfer of lands and buildings between the Union and the State
Government is regulated by provision of Articles 256, 257 and 298 of the
Constitution of India and subsidiary instructions issued by the Central
Government which are reproduced in Appendix 15 of the Jharkhand
Financial Rules, Vol. II. Transfer of lands and buildings between the Central
and State Government.

H-Tenders

158. a) Tenders must be obtained for all works which are proposed to be
given on contract unless the amount of contract is Rs. 250000 or less or
wherever the competent authority specifically directs this to be taken up
departmentally or by nomination in case of exigencies.

Note-1 -Purchase of materials should be through quotation & muster roll

shall be prepared for work done by daily labour in case work is to be
executed departmentally.

b) In order to avoid participation of unqualified tenders and later rejection on

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the capability grounds, a two envelop system as per guidelines issued /
prescribed by the department shall be followed.

c) In order to bring in more transparency, objectivity etc. in the tender

process the department may adopt such practices and procedures as per
guidelines issued by the department from time to time like e-procurement, e-
tender etc.

d) If the amount of the tender is likely to be beyond the Executive Engineer’s

power of acceptance, or to be of an unusual character, he should before
publicly inviting tenders, submit the contract documents to the
Superintending Engineer for his approval or remarks, together with a copy of
the proposed advertisement for tenders and the form in which tenders are to
be submitted. If the amount of tender is likely to be of a very special nature,
the Superintending Engineers should in like manner, submit the contract
documents to Chief Engineer for approval.

e) Disposal of tender/quotations for part works would be taken by only such

officer who is competent to dispose the tender/quotations as whole.

f) At the time of according sanction to Bill of Quantity (BOQ), it should be

ensured that such Bill of Quantity is based upon the latest approved
Schedule of Rates.

g) Clubbing of different projects together for the purpose of inviting tender is

not permissible unless approval is given by the Engineer-in-Chief.

159 a. Tenders, which should always be sealed, shall invariably be invited in

the most open and public manner possible by advertisement on the internet
through web-sites, in the newspapers and by notice in English or in Hindi
posted in public places. For any work of more than Rs. 250000, publication
of tender/Quotation notice in newspapers and internet is mandatory which
shall be in following manner:-

Tender/Quotation Duration of receipt of Tender(in

Sl Amount Sale of BOQ days) after the last
No date of sale of BOQ
1 Above Rs. 2.50 lakh 7 14
& upto Rs. 250 lakh
2 More than Rs. 250 10 21
lakh but upto Rs. 20
crore
3 More than Rs. 20 14 21
crore but upto Rs.
50 crore
4 More than Rs. 50 14 28
crores

Note1:- with reference to the above rule limit of Rs. 250000 is maximum
limit for a single work or sum of all works in a week beyond
which publication in the manner described above is mandatory.

Note 2- In case of emergency the time period mentioned above can be

reduced as per the requirement with the prior approval of
Superintending Engineer.
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 Note 3- It should be ensured that tender notices should reach the
Information and Public Relations Department at least 3 days
before the date of its publication. Such tender notices must also
be sent in soft copy. Time extension, corrigendum etc. should
also be widely publicized.

Note 4- The department should prescribe standard Notice Inviting

Tenders (NIT’s) for different nature/category of works so as to
minimize the publication expenses. Details of such tenders
should be available on internet, notice boards etc. which must
be mentioned in such published tender notices.

b) The intending participants should in all cases have prior knowledge

about :

i) The form in which the tender should be presented.

ii) When and where the sanctioned estimate, specifications, drawing or
plans, conditions and clauses of contract and other contract documents
can be seen, and the blank form of tender obtained.
iii) Whether any material will be supplied departmentally and if so the rate
at which and the place where it should be supplied. It should be clearly
mentioned that excess rate shall not be admissible in case of
departmentally supplied materials as per the guidelines issued by the
department.
iv) The place where, the date on which and the time when tenders are to
be submitted and are to be opened.
v) The amount and form of earnest money to accompany the tender and
the amount and nature of the security deposit required in the case of
accepted tender.

vi) The tender notice should also stipulate that contractors or its
successors submitting tenders should furnish VAT Registration along
with it.
vii) The designation of the authority who that will accept the tender.
viii) The time of completion of the work.
ix) Detailed criteria for short listing the participants.
x) During deciding the tenders the cost of departmentally supplied
materials etc. as prescribed by the department should be reduced from
the amount of Bill of Quantity while deciding the tender.
xi) The cost of Bill of Quantity would be available for sale at the rates as
prescribed by the department.
Authority should always be reserved to reject any or all of the tenders so
received without the assignment of a reason and this should be
expressly stated in the notice. All this information can be given in the
short notice and/or detailed information to be supplied from the office
and /or the internet.

160. The tender papers except in the case of e-tender should be issued from
at least three offices at the level of concerned Executive
Engineer/Superintending Engineer/Chief Engineer where tender should also
be received till the prescribed date and time. Tender thus received should be
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opened at the level of the officer competent to decide the same for which
tender(s) received at other levels must be sent in such a manner so as to
reach such office within 3 days of receipt.
All tenders should be opened in the presence of such intending
contractors or their agents as may choose to attend at the specified and
advertised time and place. No tender should be accepted from any person
directly or indirectly connected with Government service.

161(i) No tender for the execution of works of any description of work

branches of Public Works Department should be considered for evaluation
unless accompanied by earnest money to the extent notified by the
Executive Engineer or other officer.

(ii) The earnest money could be in the form of current issues of National
Savings Certificates, Fixed Deposits of a Scheduled Bank( all the above
mentioned form of earnest money issued within the State of Jharkhand),
Bank Draft and Bank Guarantee issued by any Scheduled Bank anywhere in
India.

(iii) All the aforementioned instruments should be duly endorsed to the

authorized departmental representative.

162. The amount of earnest money to be deposited should be as per the

guidelines issued by the department and large enough to be a security
against loss in case of the contractor failing to furnish the required security
within the appointed time after the acceptance of his tender, or until sums
due to him form a sufficient guarantee, as the case may be.

163. a) Tenders quoted below 10 (ten) % of the amount mentioned in Bill of

Quantity shall be rejected ab initio.
b) Usually, the lowest tender should be accepted unless there is some
objection to the capability of the contractor, the security offered by him or
his execution of former work. Whenever the lowest tender for projects
costing Rs. 50000 and above is not accepted by the authority accepting
the tender, he should immediately communicate the reasons for not
accepting the same to his immediate superior authority confidentially for
approval. At the same time, the acceptance or rejection of tenders is left
entirely to the discretion of the officer to whom the duty is entrusted, and
no explanation can be demanded of the cause of rejection of his offer by
any person making a tender.

Note 1– Reasons for not accepting the lowest tender and the orders of
the superior authority thereon shall be made available to the audit staff
during inspection.

Note 2- The validity of tender should be decided prior to the opening of

financial bids by inviting bids for the projects costing more than Rs. 50
lacs through two envelop system or in a likewise manner.

Note 3- In double envelope bidding process if the rate quoted by more

than one tenderer is lowest, then the work shall be awarded on the basis

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 of marks obtained in technical evaluation as per the guidelines issued by
the department.

Note 4- In case of single tender, the tender process should be cancelled

and re-tendered. If in retender, again a single bid is received, the
approval of the next higher authority will be taken
c) Tenders should be decided within the time limit prescribed by the
Government.
d) In case of Externally Aided Projects (EAP) guidelines of the Government
of India/Donor Agency as applicable will be followed.

164. Negotiation of rates should be done with the lowest tenderer if his
tender is considered to be too high.

I – Contracts
(a) General

165. The recognized system for carrying out works otherwise than by the
employment of daily labour, are “Piece-Work” and “Contract work”. Piece
work is that for which only a rate is agreed upon without reference to the total
quantity of work to be done or the quantity to be done within a given period.
The term “contract”, as used in this Chapter, does not include agreements for
the execution of work by piece-work nor does it include mere ordinary
purchase of materials or stores. All other work done under agreement is
termed “Contract work”, and in agreements for such work, which should
invariably be in writing there should generally be a stipulation as to the
quantity of work to be done and the time within which it is to be completed.

166. The following rules regulate the acceptance of piece work agreement :-
a) Except as provided in clause (c) below, piece-work agreements should not
be accepted for any work, being the whole or part of any sanctioned project,
the sanctioned estimate for which exceeds Rs. 2.5 lakh.
b) If the sanctioned estimate of the work exceeds Rs. 60000 the previous
approval of the Superintending or Chief Engineer should be obtained before
the piece-work system is adopted.
c) With the approval of the Superintending Engineer, piece-work system
may be adopted for earth work, dressing and turfing in road and Irrigation
project etc. up to a limit of Rs. 12.5 lakh. It may also be adopted for work on
the collection and consolidation of road metal even when the estimate for
such work exceeds Rs. 2.5 lakh provided that the cost of the work given out
to an individual contractor does not exceed Rs. 1.25 lakh.
d) The provision of paragraphs 130 and 161 should be strictly observed and
no tender for piece-work should be accepted by an Executive Engineer if in
similar circumstances it would not be within his power to accept a tender for
contract.

167. a) “Contracts” may be of the four kinds, viz. Lump Sum, Percentage
Rate, item rate and turnkey as elaborated below.

i) Lump Sum Contracts: In a lump sum contract, the contractor agrees to

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