GOVERNMENT OF JHARKHAND

JHARKHAND PUBLIC WORKS DEPARTMENT CODE

First Edition

2012

Published by Government Press

Ranchi

(The right of Publication and Translation are reserved)

111
 All Rights Reserved.

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retrieval system, without prior permission in writing from the Competent Officer of the Road
Construction Department, Government of Jharkhand. Any person who does any unauthorised act
in relation to this publication may be liable to criminal prosecution and civil claims for damages.

112
 Index
JHARKHAND PUBLIC WORKS DEPARTMENT CODE
CHAPTER I
Establishment Paragraphs Pages
Short Title, Commencement & Definitions 1, 1A & 1B
A. Introductory 1C
B. Classification of the Public Works Department 2-4
C. Recruitment of Officers for the Public Works Department–
(i) The Jharkhand Engineering Service Classes I and II, 5-6
(ii) The Jharkhand Subordinate Engineering Service 7-8
(iii) Revenue Establishment 9
(iv) Office and Petty Establishment 10
D. Annual Reports
(a) Engineering Establishment 11
(b) Subordinate Engineering Service 12 - 13
E. Punishment, Removal, Dismissal
F. Duties of Officers of the Public Works Department—
I Engineer-in-Chief 15, 15A & 15B
II Chief Engineer 15C & 16 - 22
III Superintending Engineer 23 - 29
IV Executive Engineer 30 - 48
V Assistant Engineer 49 - 51
VI Junior Engineer 51A,51B & 51C
G. Advance and Compensation
I General 52
II Advance for purchase of tents 53 (Deleted)
III Compensation for loss of property 54
H. Examination–– 55
Departmental and Professional Examination
I. Inter-State and Inter-Departmental Transfers— 56
Transfer of Service of Officers and Sub-ordinates of the Public
Works Department
J. Temporary Establishment 57 - 58 (Deleted)
K. Work-Charged Establishment 59 - 62 (Deleted)
Outsourcing 62A
L. Police and other Guards 63 - 64
M. Medical Establishment—
I General 65 - 66(Deleted)
II Pay and allowances of Medical Establishment 67(Deleted)
III Transfer of Medical Subordinates 68(Deleted)
IV Leave, retirement and resignation of Medical 69(Deleted)
Subordinates
V Removal of Medical Subordinates 70(Deleted)
N Miscellaneous Rules–––
I Personnel 71 - 73
II Anonymous Communications 74
III Procedure in regard to law suits 75 - 76
IV Security deposits 77
V Stationery 78 - 83
VI Forms 84 - 89
VII Destruction of official records 90
VIII Disposal of waste paper 91
IX Maintenance of Records 92
X General Rule of Office Procedure 93 - 95
XI Periodical returns 96 - 97
CHAPTER II
Works
A. Classification of Operation of the Public Works Departments 98 - 99
B. Requisition by Civil Officers—
General 100 - 101
C. Preparation of Projects
I General 102, 102A,103 -
105, 106(deleted),
107, 108(Deleted)
II Original Works
 (a) Civil buildings 109 - 111
(b) Communication 112 - 116
(c) Embankments 117
(d) Water supply Projects 118 - 119
D. Basic Rules applicable to all works executed by the Public
Works Department—
(a) General 120
(b) Administrative approval 121 - 124
(c) Expenditure sanction 125(Deleted)
(d) Technical sanction 126 - 128
(e) Appropriation and re-appropriation 129
E. Execution of Works––
I Commencement of work 130 - 132
II Scope of sanction 133
III Lapse of sanction 134
IV Alterations in design during construction 135 - 137
V Miscellaneous rules for the execution of works 138 - 145 & 145 A
F. Acquisition of Land—
(a) General 146 - 152
(b) Land held for military purpose 153
G. Transfer of Government Land and buildings 154 - 157
H. Tenders 158 - 164
I. Contracts––
(a) General 165 - 167, 168
(Deleted), 169
(b) Contract documents 170, 171(Deleted)
(c) Security for performance of contract 172 - 173
(d) Provision in contracts for imported stores 174(Deleted)
(e) Enforcement of terms of contract 175, 176 (Deleted)
(f) Officers empowered to execute contracts 177 - 179
J. Disposal of Estimates—
(a) Office of record for estimates 180
(b) Communication of sanctions to estimates to the 181
Accountant General
K. Supplementary and Revised Estimates—
(a) Supplementary estimate 182
(b) Revised estimate 183 - 184
(c) Utilization of completion reports as revised estimates 185
L. Completion Reports, Certificates and Plans—
(a) General 186
(b) Works executed on behalf of other departments 187 - 188
(c) Record drawings 189
(d) Office of record 190
M. Rules for petty works costing Rs. 25000 or under and work costing 191
above Rs. 25000 but not more than Rs. 25 lacs—
(a) Projects estimated to cost over Rs. 25000 but not more 191
than Rs. 25 Lacs
(b) Petty works costing Rs. 25000 or under 192
N. Repairs—
(a) General 193 - 201
(b) Special Rules—
(i) Buildings 202 - 204
(ii) Roads 205
(iii) Requisition by Civil Officers 206
O. Advance to Contractors 207
P. Information for the Survey of India 208
Q. Works under the Administrative Control of other Civil Departments 209
R Deposit and Local Loan Works 210 - 213
S. Special Rules for Works wholly financed from Non-Government 214
Funds
CHAPTER III
Public Buildings
A. General––
I General rules 215 - 219
II Fixture and furniture 220
III Furniture in residence of high official 221
IV Purchase and sale of Government buildings—
(a) Purchase of buildings 222
(b) Sale and dismantlement of buildings 223
 V Hire of Office accommodation 224
VI Renting of buildings 225-228
VII Sanitary Water supply and electrical installations 229
VIII Use of Government buildings by Auxiliary force 230 (Deleted)
IX Inspection of public buildings 231
X Register and plans of buildings––
(a) Register of buildings 232
(b) Plans of buildings 233
XI Residence for Government servants––
I. General 234
II. Leasing 235
III. Rent rules for Government buildings
(a) General 236
(b) Rent recoverable from private person 237
occupying Government residences
IV. Classification of residential buildings 238
V. Remission of rent of residential buildings 239
rendered uninhabitable due to extensive repairs
or otherwise
VI. Inspection bungalows 240
CHAPTER IV
Miscellaneous Rules regarding office works, excluding accounts procedure
A. Initial Records of Accounts–– 241
I Muster Rolls
(a) Nominal Muster roll 242
(b) Labour reports 243
II Measurement 244 - 246
III Progress report of works 247
B. Custody of Cash––
I General 248
II Responsibility of Government 249
III Precautions to be observed for cashing or remitting of 250
Government money from one office to another
C. Cashier 251 - 253
D. Stores––
I General 254 - 256
II Acquisition of store
(a) Purchase of stores––
(i) Stores (other than tools and plant) 257, 257A
(ii) Tools and Paint 258
(b) Indents 259, 260 (Deleted)
(c) Manufacture 261 - 262
III Reserve of stock 263 - 264
IV Stock-Taking 265 - 269
V Disposal of stores––
(a) Loss of stores 270 - 271
(b) Sale of stores 272
(c) Prevention of unnecessary accumulation of
stock, Tools and Plant–
(i) Original works 273
(ii) Dismantled material 274
(iii) Repairs 275
(iv) Unused stock 276
(v) Tools and Plant 277
(d) Surplus and unserviceable stores 278 - 279
(e) Hire of Tools and Plant 280
VI Mathematical instruments 281,282 (Deleted),
283(Deleted), 284
E. Storekeepers 285
F. Rules for Divisional Workshop 286 - 288
G. Transfer of Charges 289
CHAPTER V
Powers of sanction of State Government and Officers of the
Public Works and Civil Offices
A. General–– 290 - 291
Fundamental conditions
B. Power of Engineer - in- Chief 291A
1 Technical
2 Contracts & Tenders
3 Establishment
4 Engagement of Consultants
5 To alter time limit in agreements or Contracts
C Power of Chief Engineers–– 292
I Administrative approval
II Alteration in design
III Allotment of funds
IV Technical Approval, Technical sanction and approval of
Bill of Quantity
V Disposal of stores
VI Excess over estimate
VII Contingencies in the estimate for a work
VIII Tools and Plant
IX Compensation
X Law Suits
XI Rent of buildings
XII Sale of dismantlement of buildings
XIII Write off of losses
XIV Contribution works
XV Statement of objections
XVI Contracts and tenders
XVII Execution of classes of deeds
XVIII Purchase of Books, Periodicals, maps & other
publications, Quality Control, Laboratory equipments and
other field Instruments
XIX Printing of forms
XX Approval of excess beyond Agreement Amount
XXI Sanction execution of work departmentally
D Powers of Superintending Engineers–– 293
I Administrative Approval
II Alteration in design
III Technical Approval, Technical sanction and approval of
Bill of Quantity
IV Disposal of stores
V Excess over estimate
VI Contingencies in the estimate for a work
VII Tools and Plant
VIII Compensation
IX Rent of buildings
X Sale or Dismantlement of Buildings
XI Write of losses
XII Contribution works
XIII Contracts and tenders
XIV Execution of Classes of deeds, Contracts & other
Instruments
XV Purchase of Books, Periodicals, maps
XVI Purchase of Quality Control, Laboratory equipments and
other field Instruments
XVII Approval of excess beyond Agreement Amount
XVIII Sanction execution of work departmentally
E. Powers of Executive Engineers–– 294
I Alteration in design
II Technical Approval, Technical sanction and approval of
Bill of Quantity
III Disposal of Stores
IV Excess over estimate
V Contingencies in the estimate for a work
VI Tools and Plant
VII Contribution or deposit works
VIII Contract and Tenders
IX Execution of Classes of deeds, Contracts & other
Instruments
X Purchase of Books, Periodicals, maps
XI Purchase of Quality Control, Laboratory equipments and
other field Instruments
XII Approval of excess beyond Agreement Amount
XIII Purchase Items directly and pass its Vouchers
XIV Sanction estimate for Crop Compensation
XV Sanction execution of work departmentally
F. Powers of Assistant Engineers–– 295

I Execution of Classes of deeds, Contracts & other

Instruments
II Purchase of Tools & Plants & accessories, Sanction of
repair of office furniture etc & purchase of items directly &
pass its Vouchers

Technical Cell for departments other than Public Works 296

Department
Repeal and Savings 297
Appendix-A List of records in the Divisional and Sub divisional offices
of the Public Works Department, Jharkhand showing
the period of preservation
Appendix-B Rules for the selection of site for buildings
Appendix-C Rules for the payment of municipal rates and taxes on
buildings- as amended or subject to amendment by the
Government from time to time
Appendix-D Rules for the Departmental Examination of Officers and
Subordinates of the Public Works Department
 JHARKHAND PUBLIC WORKS DEPARTMENT CODE
In exercise of the powers conferred by Article 162 read with Article 309 of the
Constitution of India the Governor of Jharkhand is pleased to make the
following Jharkhand Public Works Department Code. The provisions made in
this code shall prevail upon existing provisions mentioned in Public Works
Account Code and State Financial Rules.

CHAPTER-1

1. Short Title: - This may be called the Jharkhand Public Works Department
Code, 2012.

1A. It shall be deemed to have come into force on such date as the State
Government may, by notification in the official Gazette, appoint in this
behalf.

1B. Definition:- In these rules unless there is anything repugnant in the

subject or context:
a) "Accountant General" means Accountant General, Jharkhand.
b) " Branch" of the Public Works Department means any of the Works
Department in the state of Jharkhand viz. Road Construction
Department, Building Construction Department, Rural
Development Department, Rural Works Department, Drinking
Water and Sanitation Department, Water Resources Department
and Energy Department.
c) "Consultant" means an expert, agency or an institution including
government undertaking outside department which has been duly
selected as per the guidelines issued by the department to provide
professional advice or professional services.
d) " Department" means Public Works Department.
e) "Divisional Officer" means the Executive Engineer in charge of a
Division in the concerned branch of Public Works Department.
f) " Public Works Department" means Road Construction
Department, Building Construction Department, Rural
Development Department, Rural Works Department, Drinking
Water and Sanitation Department, Water Resources Department
and Energy Department.
g) "Prescribed" means as prescribed by the respective branch of the
Public Works Department
h) “ Wing” means that part of branch of the Public Works Department
under charge of a Chief Engineer.
.
ESTABLISHMENT AND CLASSIFICATION OF THE DEPARTMENT.

A – Introductory

1C. This Code is intended to define the scope of the administrative and
executive functions of the officers of the Public Works Department. It does
not deal with question of pension or leave or allowances, except where the
rules governing the same are peculiar to the Public Works Department, nor
with detailed procedure, to be followed in connection with the Public works
Department accounts. The rules relating to pay, allowances, leave, pension,
etc. as contained in the Jharkhand Service Code, the Jharkhand Traveling
Allowance Rules and the Jharkhand Pension Rules are applicable to

1
members of the State and subordinate services under the administrative
control of the Public works Department. Rules in the Jharkhand Financial
Rules and Jharkhand Treasury Code relating to classes of transaction which
occur in the Public works Department as well as in the Civil Departments are
binding upon the Public works Department except in so far as they are
supplemented by express provision in this Code or in the Bihar/Jharkhand
Public Works Account Code. The detailed procedure to be adopted in
accounting for transactions authorized by this Code is laid down in the
Bihar/Jharkhand Public Works Account Code.

Note 1. – The term “Public works Department” wherever used in this

Code should, unless the contrary is indicated by the context, be
construed to include all its works Branches, namely Road Construction
Department, Building Construction Department, Rural Development
Department, Rural Works Department, Drinking Water and Sanitation
Department, Water Resources Department and Energy Department (see
also paragraph 5 of the Bihar/Jharkhand Public Works Account Code).

B – Classification of The Public Works Department.

2. The classification of subjects allocated to the Public works Department

has been specified in the Rules of Executive Business.

3. Besides the functions described above the Public works Department may,
as the agent of the Government of India, execute Public Works on behalf of
the Union Government, the cost of which is wholly debitable to the
Consolidated Fund of India [see paragraph 4 (4) of the Bihar/Jharkhand
Public Works Account Code.]

4. The establishment of the Public works Department is divided as follows :-

1. The Jharkhand Engineering Service, Class I
2. The Jharkhand Engineering Service, Class II
3. The Jharkhand Subordinate Engineering Service.
4. Revenue establishment.
5. Office Establishment.
6. Petty Establishment.

C – Recruitment of Officers for the Public Works Department.

(I) The Jharkhand Engineering Service, Class I & II

5. Existing Rules will regulate the recruitment of officers to The Jharkhand

Engineering Service, Class I & II as also the conditions of service

6. The following are the Name and designation of posts of The Jharkhand
Engineering Service, Class I & II:-
(a) Class I
Name and designation of posts-
Engineer-in-Chief,
Chief Engineer,
Superintending Engineer
Executive Engineer,

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 (b) Class II
Name and designation of post-
Assistant Engineer.

(II) The Jharkhand Subordinate Engineering Service.

7. The Class forming the Jharkhand Subordinate Engineering Service in the

Public Works Department is given below:-
'Junior Engineer'

8. The existing Rules shall regulate the appointment, promotion, etc.

applicable to the Jharkhand Subordinate Engineering Service.

(III) Revenue Establishment.

9. The details of Revenue Establishment are incorporated in the Irrigation

Manual.
(IV) Office and Petty Establishment

10. Office establishment will include all persons engaged in clerical duties,
and grade IV Government servants employed in offices (except sweepers),
while petty establishment will include store-keepers, artificers, guards,
watchmen and other grade IV Government servants, not attached to offices,
employed on general duties, and whose salaries are not provided for in the
estimate for any work.

D – Annual Reports.

(a) Engineering Establishment

11. Instructions for the preparation and submission of annual and special
confidential reports on Gazetted Officers and communication of unfavourable
remarks to them should be maintained in the manner and form as per
guidelines laid down for this purpose.

(b) Subordinate Engineering Service.

12. Annual reports on the work of every member of the Subordinate

Engineering Service should be maintained in the manner and form as per
guidelines laid down for this purpose.

13. The report shall be prepared by the Assistant Engineer in five copies and
submitted to the Executive Engineer concerned in quadruplicate, retaining
the fifth copy as his office copy. The Executive Engineer shall enter his
remarks in all the four copies of the report and submit three copies of it to the
Superintending Engineer concerned retaining the fourth copy as his office
copy. The Superintending Engineer, in turn, shall enter his remarks in all the
three copies and submit two copy of it to the Chief Engineer retaining the
third copy as his office copy. The Chief Engineer shall enter his remarks in
both copies of the report and submit one copy of it to the Engineer -in -Chief
retaining the second copy as his office copy.

These reports should be submitted so as to reach the Engineer–in-

Chief on the date prescribed by him for the purpose.

3
Note - In cases of Junior Engineers working as estimators in divisional and
circle offices, the Executive and Superintending Engineers concerned shall
prepare the report in quadruplicate and triplicate respectively, and transmit
the same to the Engineer-in-Chief according to the rules mentioned above.

E – Punishment, Removal, Dismissal, etc.

14. Rules regarding the discipline and right of appeal of members of the
Subordinate Services are set out in the Bihar and Orissa Subordinate
Services Discipline and Appeal Rules, 1935 and those in respect of the State
and All India Service Officers are contained in the Civil Services
(Classification, Control and Appeal) Rules. These rules may, to such extent
as necessary, be supplemented by instructions to be issued by Government
from time to time.

F – Duties of Officers of the Public Works Department.

I - Engineer –in-Chief
15. The Engineer–in-Chief is the administrative and professional head of that
branch of the Public Works Department of which he is in charge, and is
responsible for the proper and efficient working of that branch. Engineer–in-
Chief is adviser of Government in all matters relating to his branch.

15A. It is the duty of the Engineer –in-Chief to recommend to Government all

matters relating to provision of, transfers, postings, punitive action, award
etc. of Chief Engineer , Superintending, Executive , and Assistant
Engineers. He has full powers of transfer of Junior Engineer, non-gazetted
staff, ministerial and menial, from one wing to another.

15B. It will be the duty of Engineer-in-Chief to see that the budget allotment
for the year are fully spent, in so far as is consistent with general economy
and prevent large expenditure in the last month of the year for the sole
purpose of avoiding lapses. He will be responsible for ensuring that any
money which is not likely to be needed during the year is promptly
surrendered, so as to allow its re-appropriation for other purposes by the
department.
Note- Powers and Duties of Engineer-in-Chief will be vested In the Chief
Engineer where he is the administrative and professional head of a branch
of Public Works Department
II – Chief Engineer
[Link] Chief Engineer is the administrative and professional head of the
wing of the Public Works Department of which he is in charge, and is
responsible to the Government for the proper and efficient working of that
wing.

16. It is the duty of the Chief Engineer to recommend to Engineer-in-Chief all

matters relating to transfers, postings, punitive actions, awards etc of
Superintending Engineers, Executive Engineers, Assistant Engineers and
junior Engineer. He has full powers of transfer of Junior Engineers, non-
gazetted staff, ministerial and menial, from one circle of superintendence to
another.

17. The Chief Engineer will exercise a concurrent control with the
4
Accountant-General, over the duties of the officers of the department in
maintaining accounts, and give legitimate support to the Accountant-General
in enforcing strict attention to the rules concerning the disbursement of
money, custody of stores, and submission of accounts.

18. The Chief Engineer will prepare, annually, the portion of the budget
estimates relating to the works under his control, and, as soon as possible
after the close of each year, prepare a report of the progress made during
that period on the Public Works under his charge, giving a brief but clear
account of the operation of his wing The general supervision and control of
the assessment of revenue from irrigation and navigation works within the
limits of his charge will also rest with the Chief Engineer, who will frame the
necessary estimates and watch carefully the progress of realizations during
the course of the year.

19. It will be the duty of the Chief Engineer to see that the budget allotments
of his wing for the year are fully expended, in so far as is consistent with
general economy and the prevention of large expenditure in that last month
of the year for the sole purpose of avoiding lapses. He will be responsible for
ensuring that any money which is not likely to be needed during the year is
promptly surrendered, so as to allow its appropriation for other purposes by
the proper authority.

20. The Chief Engineer will inspect each circle office under his charge once
in a year and each divisional office once in every two years and submit a
report to Engineer-in-Chief soon after the inspection has been made.

Note – Whenever, inspection, as prescribed above could not be made, a

report stating reasons thereof should be submitted to Engineer –in-Chief by
7th January of the year following the year in which the inspection was due.

21. When any Military Works are placed under the administration of the
Public Works Department, questions relating to military details will be
referred by the Chief Engineer to the General Officer Commanding Divisions
or Brigades. A Chief Engineer may correspond direct with the Heads of
Departments on all matters relating to details of buildings or works
appertaining of those Departments.

22. The Chief Engineer/Chief Engineer (Design) is responsible for all

structural designs. He is the professional head of that wing in respect of
approval of designs, drawings, and specification of all structures.

III – Superintending Engineer.

23. The administrative unit of the department is the circle, in charge of a

Superintending Engineer, who is responsible to the Chief Engineer for the
administration and general professional control of Public Works in charge of
officers of the department within his circle.

24. It will be the duty of the Superintending Engineer to inspect the state of
various works within his circle and to satisfy himself that the system of

5
management prevailing is efficient and economical. He is required to
ascertain and report on the efficiency of the subordinate offices and petty
establishments and see that staff employed in each division is actually
necessary and adequate for its management. He should see that Divisional
Officers submit their accounts to the Accountant-General punctually. He
should examine the register of works, so as to keep a vigilant watch over the
rate of work, and if he considers it necessary, he may require the Executive
Engineer to report to him monthly or at longer intervals, on a workslip, the
total expenditure to date under each sub-head of work in contrast with the
sanctioned estimate and ensure that the revised estimate for any work, if
required, is submitted in due time to the sanctioning authority. He should
also -

i) see that different articles in stock are duly verified according to the rules
laid down and that there is no accumulation of stock in any division beyond
its requirements;
ii) see that no delay is allowed to occur in the submission of completion
reports;
iii) inspect each divisional office once every six months, each sub-divisional
office once every year, and each sectional office once every two years, and
forward for information of the Chief Engineer reports of his inspection
detailing therein the result of examination of initial accounts, accounts of
stock, tools and plant, registers of works and other divisional books, mode of
preparation of estimates, contract agreements, contractors accounts, system
of recording plans and papers and office work generally;

Note - When ever inspection prescribed above could not be completed, a

report stating reasons thereof should be submitted to the Chief
Engineer by the 7th January of the year following the year in which the
inspection was due.
iv)see that the authorized system of accounts is maintained throughout his
circle;
v)examine the condition of surveying and mathematical instruments at the
headquarters of divisions;
vi) ensure that for every work in progress there is a proper administrative
approval and an estimate sanctioned by the competent authority and
allotment of fund; and
vii) examine the books of Divisional Officers and their sub-ordinates and see
that matters relating to primary accounts are attended to personally by the
Divisional and Sub divisional Officers, and that the accounts fairly represent
the progress of each work.

25. The Superintending Engineer may recommend to the Chief Engineer

transfer of Executive Engineer, Assistant Engineers, Junior Engineers from
his Circle.

26. It will be the duty of the Superintending Engineer to recommend to the

Chief Engineer all matters relating to transfer, disciplinary action, award etc.
of Subordinate Engineers of his Circle.

27. The Superintending Engineer has full power to transfer non-gazetted

6
staff, executive, ministerial and menial within his Circle.

28. The supervision and control of the assessment of revenue from irrigation
and navigation works within his circle will rest with the Superintending
Engineer

29. The Superintending Engineer is authorized to correspond with any of

local authorities, Civil or Military, within his Circle. He will address General
Officer Commanding Divisions or Brigades through their Staff Officers, and
all other Officers direct.

IV – Executive Engineer.
30. The Executive unit of the department is the division, in charge of an
Executive Engineer (Divisional Officer), who is responsible to the
Superintending Engineer for execution and management of all works in his
division.

31. An Executive Engineer can receive orders only from his own
departmental superiors, the heads of departments or other civil officers if
specially and duly authorized.

32. Executive Engineers are responsible to see that proper measures are
taken to preserve all the structures and works in their divisions, and to
prevent encroachment on Government lands in their charge. They should
keep accurate plans of all Government lands, take care that their
subordinates make themselves acquainted with the boundaries and see that
they are respected.

33. Every Executive Engineer is required to report immediately to the

Superintending Engineer any important accident or unusual occurrence
connected with his division and to state how he has acted in
consequence.(see also paragraph 143)

34. Executive Engineers may, recommend to the Superintending Engineers

concerned, transfer of Assistant Engineers and Subordinate Engineers from
his division.

35. Executive Engineers are empowered to transfer non-gazetted staff,

ministerial and menial, within their respective divisions without reference to
the superior authority. The transfers will be reported in the ordinary course to
the Superintending Engineers only for information.

36. Executive Engineers are strictly prohibited from commencing the

construction of any work or expending Consolidated Fund of the State,
without the sanction of the competent authority, also from making or
permitting any, except trifling, deviations from any sanctioned design in the
course of execution, except under specific authority, or in case of
emergency, when the change should be forthwith reported to the

7
Superintending Engineer.

37. Immediately on a work being finished, it will be the duty of the Executive
Engineer to close the accounts of it and to prepare the completion report
required by the paragraph 186.

38. The Executive Engineer is required to take necessary steps for obtaining
cash for the works under his control, to keep accounts, and to submit them
punctually to the Accountant General under the rules for the time being in
force. He is responsible for the arrangements for account keeping in which
matter he will be assisted by his Divisional Accountant, and he must see that
his accounts are posted from day to day and that the Divisional Accountant
carries out his duties regularly and punctually. The responsibility for the
correctness, in all respects, of the original records of cash and stores,
receipts and expenditure, as also for seeing that complete vouchers are
obtained rests with the Executive Engineer, who will, before submitting the
monthly accounts, carefully examine the books, returns and papers from
which the same are compiled.

39. The Divisional Accountant is responsible to the Divisional Officer for the
correct compilation of the accounts of the division from the data supplied to
him. The relative position of a Divisional Accountant to the Executive
Engineer in respect of accounts is analogous to that of a Assistant Engineer
to an Executive Engineer in respect of works, and the responsibilities of the
latter for the work of the Divisional Accountant are similar to those which
attach to him in respect of the execution of works in charge of other
subordinates.

The Divisional Accountant is further required to inspect periodically under the

orders of the Divisional Officer, the accounts records of sub divisional offices
and to check a percentage of the initial accounts. The defects noticed should
be reported to the Divisional Officer for orders, but the Divisional Accountant
will be responsible, as far as possible, for personally explaining the defects of
procedure and imparting necessary instructions thereon to the Sub-divisional
Officers and their staff.

The results of these inspections should be placed on record for the

inspection of the Accountant-General, but serious financial irregularities
should be reported at once for the information of that officer even though set
right under the orders of competent authority. With the exception noted
below, any defalcation or loss of Public money, stores or other property
should be reported immediately to the Accountant-General and other
authorities concerned even when such loss has been made good by the
person or persons responsible for the same. On receipt of a report of
embezzlement of public money involving amounts exceeding Rs. 500, the
Public Works Department will examine the matter and submit the same to the
Chief Minister through the Chief Secretary after consideration by the
Minister-in-charge but before the issue of orders.

Exception – Petty cases, that is, cases involving losses not exceeding Rs.
200 each, need not be reported to the Accountant-General unless there are
in any case important features which merit detailed investigation and
consideration.
8
Note – The accounts of interest bearing securities maintained by Assistant
Engineer should be examined to see that the rules relating to them are
observed and that the register in Form 85 (Schedule XLV, Form no. 198) is
correctly maintained and with this object a few transactions of the register
should be compared with the entries in the Cash Book or other accounts and
vice versa. The securities certified in the last annual account of interest
bearing securities Form 86 (Schedule XLV, Form no. 199) as being on hand,
should be verified by inspection as far as possible and it should be seen in
respect of such of them as are not produced for inspection that there are in
existence either the original acknowledgement, of the depositors bearing
dates subsequent to the dates of the last account, or the acknowledgments
of the authorized custodians, as the case may be (see also paragraphs 21-
27 of the Bihar /Jharkhand Public Works Account Code).

40. The Divisional Officer is responsible that the accounts of his division are
not allowed to fall into arrears; but if arrear or confusion arises which in his
opinion cannot be cleared without the assistance of the Accountant-General,
he should at once apply for such assistance

41. The Divisional Officer is responsible for the detailed assessment of such
revenue as is collected through the Public Works Department within his
division and will maintain such records and accounts for the purpose as may
be prescribed, vide Chapter IX of the Bihar/Jharkhand Public Works Account
Code.

42. The Divisional Officer is primarily responsible for affording information in

cases of probability of excess of actual over estimated cost of work, and
should report any such probability to the Superintending Engineer at once,
describing the nature and cause of the excess and asking for orders. The
report should be made ‘Work Slips’, with such explanation as will enable the
Superintending Engineer to pass orders on the case, on the occurrence, or
the probability of occurrence, of any irregularity in the rate or cost of a sub-
head. All important liabilities not brought to account should also be noted on
the Work Slips.

Note – It is unnecessary for the Divisional Officers to submit Work Slips in

cases in which he can finally pass excess over estimate under paragraph
294.

43. The Divisional Officer is responsible that surveying and mathematical

instruments in his division are properly cared for, and will report on their
condition to the Superintending Engineer at the end of each working season.
Any injury to the instruments due to neglect or carelessness should be made
good at the expense of the officer or subordinate responsible for the
damage.

44. It will be the duty of the Executive Engineer to furnish to Treasury and
Sub-Treasury Officers, after due inspection, with the certificate prescribed in
rule 121 of the Jharkhand Treasury Code, Volume 1, as to the security of
strong rooms, used or proposed to be used for the storage of coin.

9
45. The Executive Engineer should inspect each Sub divisional Office within
the limit of his charge once every six months and each Sectional Office once
in a year and submit report of his inspection in the prescribed form to the
Superintending Engineer.

46. The Executive Engineer will be required to inspect report on and suggest
measures for the protection of historical monuments or buildings of
architectural interest, which appear likely to fall into decay.

47. The Executive Engineer will in addition to his other duties, consider
himself to be ex-officio professional adviser of all departments of
Government within the limit of his charge.
48. Executive Engineer will address Officers Commanding Divisions,
Brigades or Stations through their Staff Officers.

V- Assistant Engineer

49. The division is divided into subdivisions in charge of Assistant Engineers

who are responsible to the Executive Engineer for the management and
execution of works within their subdivisions.

50. The Assistant Engineer should inspect each Sectional Office within the
limit of his charge four times every year and submit report of his inspection in
prescribed form, to the Executive Engineer.

Note – Whenever inspection as prescribed above could not be completed, a

report stating reasons thereof should be submitted to the Executive
Engineer by the date to be prescribed for this purpose by the latter.

51. The Assistant Engineer may recommend to the Executive Engineer

transfer of Junior Engineer from his subdivision.

VI- Junior Engineer

51A. Section is the lowest executing unit of the respective branch of the
Public Works department, headed by a Junior engineer.

51B. The Junior Engineer shall work under the guidance and
superintendence of the concerned Assistant Engineer and other head of the
offices as the case may be.

51C. He is responsible to the Assistant Engineer or head of the office as the

case may be for the execution of works within the section including collection
of data, preparation of estimate , site plans, maintaining of site order book,
submission of monthly progress reports, preparation of timely submission of
bills and accounts, maintenance of Measurement Books, site accounts etc.

10
 G – Advance and Compensation
I – General.

52. Rules regulating the grant of several classes of advances to Government

servants and others as laid down in Chapter 14 of the Jharkhand Financial
Rules, Volume I, are applicable to the Public Works Department.

II- Advance for purchase of tents

53. Deleted
III – Compensation for loss of Property.

54. i) All cases in which it is proposed to grant compensation to any Public

Works Department Officer for accidental loss of his property should be
referred to Government for orders.
ii) Compensation will not ordinarily be granted to a Government servant
for any loss to his property, which is caused by an act of God, as
earthquake, floods, etc., or which is due to an ordinary accident, which may
occur to any citizen, e.g. loss by theft or as the result of railway accident, fire,
etc. The mere fact that, at the time of the accident, the Government servant
is technically on duty or is living in Government quarters in which he is
forced to reside or the performance of his duties, will not be considered as a
sufficient ground for the grant of compensation. These points should be
borne in mind while submitting proposals of Government. (See also rule 434
of the Jharkhand Treasury Code. Volume I).

H – Examination.

55. Rules regarding the Departmental and Professional examinations are

contained in Appendix D.

I – Inter-State and Inter-Department Transfer.

56. Transfer of services of officers and subordinates of the Public Works

Department to a post in another office or Department of Government of
Jharkhand or under another State Government or the Government of India is
regulated by the Government Servant’s Application for Post Rules, 1951.

J-Temporary Establishment
57. Deleted
58. Deleted
K- Works Charged Establishment
59. Deleted
60. Deleted
61. Deleted
62. Deleted

11
62A. Outsourcing: In order to meet the demand for various services,
equipment etc. e.g. transport, security, office support arising from time to
time, outsourcing of such services, equipment etc. may be resorted to as
per guidelines issued by the Government.

L – Police and other Guards

63. Armed Police guards are allowed for guarding and escorting water rate
collection money. Such guards are supplied by the Home Department with
the approval of Government at the cost of the Public Work Department, and
application for them should be made to the Director General / Inspector-
General of Police by the Engineer-in-Chief/ Chief Engineer, Public Works
Department.

64. In all cases where due to the inability of the Home Department to supply
a guard or guards from the regular Police force, special guards have to be
entertained, the sanction of department will be necessary. Officers may,
however, in urgent cases, entertain the guard in anticipation of sanction,
reporting their action at once to higher authority. The service of such extra
guard should be dispensed with directly if they are no longer required.

M- Medical Establishment
65. Deleted
66. Deleted
67. Deleted
68. Deleted
69. Deleted
70. Deleted
N – Miscellaneous Rules.

I – Personnel.
71. Officers of the Jharkhand Engineering Service and Jharkhand
Subordinate Engineering Service are liable to serve anywhere, under the
administrative control of the Government of Jharkhand.
72. Persons employed in the department shall have no personal pecuniary
interest, directly or indirectly, in the construction of any public work, or in the
manufacture, supply or sale of building materials. They are further subject to
the rules laid down in “the Government Servant's Conduct Rules.”

73. Every member of the department must consider that his pay, for the time
being or as defined in any agreement, is his sole legal remuneration, and
that the receipt of commission, or any consideration, directly or indirectly, on
account of any business or transaction in which he may be concerned on
behalf of Government, is prohibited. Every officer of Government is bound to
report to his departmental superior any infringement of this rule which may
come to his knowledge.

Note 1 – An exception is, however, allowed in case of arbitration as follows

:-
1) An officer shall not act as an arbitrator in any case without the sanction of

12
his immediate superior or unless he be directed so to act by a Court having
authority to appointment an arbitrator.
2) No Public officer shall act as an arbitrator in any case which is likely to
come before him in any shape by virtue of any judicial or executive office
which he may be holding. (See also Rule 144 of the Jharkhand Service
Code.)
3) If an officer acts as arbitrator at the private request of disputants, he shall
accept no fee except as provided in rules 138 and 142 of the Jharkhand
Service Code.
4) If he acts by appointment of a Court of Law, he may accept such fees as
the Court may fix.

Note 2 – There is also no objection to any officer of the department to

receive without special permission –

a) the premium awarded for an essay or plan, in public competition, or

(b) any remuneration or reward payable under any special or local law or in
accordance with provision of any Act or regulation or rules framed
hereunder, or
(c) any reward sanctioned for services in connection with the administration
of customs and excise laws. (See also rule 146 of the Jharkhand Service
Code.)

Note 3 – An officer of the department, called upon by the Court to Act as a

Commission to give reliable information on certain technical points of
engineering may comply with the request unless debarred by the operation
of clause (2) of Note 1 above. If he accepts the Commission, he may retain
such fees as are fixed by the Court.

II – Anonymous Communications.

74. No action shall be taken on anonymous or pseudonymous petitions and

complaints unless accompanied by necessary affidavit as per guidelines laid
down to substantiate the allegations. But if some specific allegations have
been made therein confidential enquiries may be made under orders of the
competent authority to whom the petition is addressed.

III – Procedure in regard to law suits.

75. When any officer or subordinate in the department is personally sued in

any Civil Court, by parties claiming from him wages or money arising out of
transactions in which he is concerned only in his official capacity and bona
fide on behalf of Government, it will be necessary that he defends the suit by
pleading that Government should be made the defendant as the party really
interested. But when the suit is for damages in respect of an alleged wrongful
act of a Government officer, the party aggrieved may as a general rule, bring
the suit against such officer, and it would be no defense for the officer usually
to contend that Government ought to be the defendant. The plaintiff may
legally contend that he has a right to look to the party by whose act he has
been aggrieved, whether he could or could not have sued that party’s
principal. The distinction is between suits on contracts and suits for wrongs.
In cases of the latter kind, it will remain with Government to determine
whether it would be just and proper that defense should be carried on at the

13
expense of Government. This course should ordinarily be adopted only in
cases where there is no reasonable doubt of the innocence of the accused.
When on the other hand, there is prima facie evidence that he has acted
improperly, he should be left to conduct his own defense, the question of
Government contributing towards the cost of the defense being subsequently
considered. Whatever be the nature of the case, failure to defend the suit, or
to reply to the plaint in person or by Counsel as the case may require, will
render the officer or subordinate personally responsible (See also
paragraphs 106, 161 and 162 of the Practice and Procedure Manual, and
rule 24 of the Government Servant’s Conduct Rules).

76. An officer, receiving a subpoena to produce official documents in a Court

of Law, should, provided the documents are specified, produce them to the
Court unless they are unpublished official records relating to any affairs of
State, when he must refer to the officer or the head of his department.

IV – Security Deposits.

77. Cashiers, store-keepers, sub-store-keepers and subordinates entrusted

with the custody of cash or stores, may be required to furnish security as per
guidelines issued by the department.

V – Supply and distribution of Stationery.

(a) General.

78. Stationery is supplied under rules contained in the Stationery Manual by

the in-charge, Government Stationery Stores. A list of Public Works
Development officers who are authorized to indent on the State Stationery
Stores is contained in Appendix II of the Manual. The appendix also shows
the officers by whom these indents shall be countersigned and transmitted to
Stationery Office.
(b) Receipt of Supplies.

79. Upon receipt of supplies, the boxes shall be opened and checked by a
responsible Government servant who shall be nominated for the purpose
and placed in a locked almirah, the key of which shall remain with him. No,
articles shall be taken out of the almirah except in his presence and after
entry in the stock account.
(c) Stock Book.
80. Two stock books shall be maintained in every office, one for articles
issued very frequently and the other for articles which are issued only
periodically or occasionally. The books shall be kept in Stationery Form 7
prescribed in the Jharkhand Stationery Manual.

(d) Verification of Stocks.

81. Every supply stationery shall, immediately on receipt, be entered in the
proper stock book and issues there from regularly posted at the time a
requisition is complied with or a fresh supply is received, an entry of the issue
or receipt shall be made in the stock book concerned. The balance in hand
should be struck at the end of each month and the sock book shall be
examined and initialed by the head of the office or other responsible
Government servant nominated for this purpose at the beginning of every

14
following month.

(e) Requisition for supplies.

82. Articles will be supplied monthly upon the signed requisition of the head
of the office or other responsible Government servant nominated by him for
this purpose. Requisitions for officers’ own use whether at office or at home
should be signed by the officers concerned

(f) Verification of Stock Account.

83. A responsible Government servant, independent of and unconnected

with the staff responsible for custody of articles of stationery, should be
entrusted with the verification of stock account once in each quarter. He shall
at the end of each quarter submit the result of verification to the head of the
office together with any remarks as to the defects which may have been
disclosed.

The written requisitions for supplies shall be kept until the

quarterly verification of stock account, after which they shall be destroyed.
The Government servant in charge of verification shall check all issues with
such requisitions.

VI – Supply and custody of Printed Forms.

(a) General

84. All printed forms prescribed by competent authority for use in any
Government office in Jharkhand will be printed at the Government Press.
The printing of any form on behalf of Government in any other press without
the previous sanction of Government is prohibited.

Note – For local printing of forms see paragraph 87.

85. All standard Public Works forms are supplied under rules contained in
the Rules for the Supply and Custody of Forms, by the in-charge Press and
Forms on indents countersigned by officers entitled to indent upon him direct.

Note - Appendix IIA of the said rules contains the list of Public Works
Department Officers who are authorized to indent direct upon the in charge
Press and Form.

86. Standard forms cannot be altered without the previous sanction of

Government. In the case of accounts forms, consultation with the
Accountant-General is necessary before important changes or modifications
are made in such forms. Local forms should not be introduced by any officer
without the permission of Government.

. (b) Local Printing of Forms.

87. Departmental sanction will only be given to the local printing of forms
when these are required for a purely local use and can be printed locally
more conveniently, and not less economically, than at the presses controlled
by Government. The officer who requires the form will in the first instant

15
report the local rates, to the in-charge Government Press, sending at the
same time samples of the forms to be printed. The in charge will after a
comparison of the local estimate with the actual cost of printing of forms at
the press, and having regard to the state of works at the Press, advises the
officer whether the forms can be printed by him advantageously and within a
reasonable time. On receipt of the superintendent’s report, application in the
usual form should be made to Government in the Finance Department for
printing the forms either locally or at Government Press, a full explanation
being given of the necessity for printing the forms at all. Whenever the cost
of printing locally is estimated to exceed Rs. 25000, a formal contract should
be made with the private press concerned. If in any case of genuine
emergency, it is necessary to print before sanction can be obtained, an
application should be made immediately for the retrospective sanction of
Department in order that any mistakes may be pointed out, and for purpose
of record.
Every such application should be accompanied by a
clear statement of the reasons why it was imperative to anticipate sanction.

(c) Custody of Forms.

88. All officers entrusted with forms for their official use will take proper
precautions to keep them in custody of a responsible and trustworthy
Government servant and to maintain a proper record of receipts, issues and
balances. Stock should be verified annually and the certificate of verification
recorded in the register of forms over the signature of a gazetted or other
responsible Government servant. (See also rules 21 to 30 of the Rules for
the Supply and Custody of Printed Forms)

(d) Form of Deeds, etc.

89. Forms of deeds and other documents ordinarily required by the

department will be settled by the Law Officer of the Government, and
furnished through the Engineer-in-chief to whom all applications on such
matters should be addressed.

VII – Destruction of Official Records.

90. The list of records in the divisional and sub divisional offices of the Public
Works Department included in Appendix A may be destroyed after the
period prescribed therein unless, in any case, a record has been specially
ordered to be kept for a longer period. As regards records not included in
Appendix A, the sanction of the Superintending Engineer, or the
Accountant-General in case of account records, should be applied for
annually in the month of January.

In ordering the destruction of such records, great care should be exercised

that it is confined to such as are valueless (see also paragraph 582 of the
Bihar/Jharkhand Public Works Account Code) but the following should, on no
account, be destroyed :-

1) Records connected with expenditure which is within the statute of

limitation.
2) Records in connection with expenditure on works not completed although
beyond the period of limitation.

16
3) Records of experiments and observations.
4) Records in connection with claim to service and personal matters
connected with persons in the service.

VIII – Disposal of waste paper.

91. The disposal of records and spare copies of printed letters shall be
effected by tearing. These papers as well as those thrown into the waste
paper baskets including daily sweepings will be taken away by sweepers and
stores in the waste paper storage room under the supervision of a
responsible officer. When the papers have accumulated in sufficient quantity,
arrangements shall be made to sell them by auction to the highest bidder.
Receipts in the prescribed form should be granted for all money received as
soon as payments are made. The sale-proceeds of all waste papers shall be
credited into the treasury under the appropriate head.

Note – Surplus gazettes, newspapers, journals and other papers, which can,
without risk, be sold intact, shall, when accumulated in sufficient quantity, be
sold along with other waste papers.

IX –Maintenance of Records

92. An Executive engineer must keep on record in his office the following
plans, or such of them as are required in his division :-

Copies of all standard plans of buildings.

Complete plans, sections and elevations of every building under his charge,
whether military or civil, as actually constructed, any departure from
sanctioned design being carefully noted. The boundaries of the ground
attached to any buildings should be distinctly shown.

Plans of roads under his charge showing the quarries from where materials
are obtained.

Detailed drawings including foundations, where practicable, of all bridges

and other works in the division as actually constructed, any departure from
sanctioned design carefully noted. The boundaries of the ground attached to
any buildings should be distinctly shown.

X – General rules of office procedure.

93. No officer should correspond direct with an authority superior to the

officer under whom he is immediately serving, or with the Government or the
Government of India out of the regular course, except in a case of extreme
emergency, in which case he must send copies of his communications to his
immediate superior.

94. When a complaint or representation is addressed to several authorities at

the same time, action should not, normally, be taken by any of the authority
except the lowest authority competent to deal with the matter. Petitions filed
before any local officer should be immediately acknowledged and looked into
with promptness and care, and where action is likely to be delayed, an
17
interim reply should be sent.

95. Official information acquired by the staff in their capacity as employees of

Government offices must be considered and treated as strictly confidential.
No member of the staff except in so far as may be necessary in discharge of
his office duties, can take a spare copy of any writing in any official
document which comes before him in his official capacity to which he is
allowed to have access.

Note – No member of the staff may make use of any unpublished record or
letter for communication to the Public press, or unauthorized persons,
whether official or not.

XI – Periodical Returns.

96. A list of the periodical returns prescribed by Government and by the

Accountant-General should be kept by heads of offices and their ministerial
subordinates for ready reference. Steps should be taken to prepare the
returns in good time beforehand to ensure their punctual submission.

97. With regard to periodical returns not prescribed by Government or the

Accountant-General, officers to whom such returns are submitted should
institute, at convenient intervals of time an examination into the necessity for
each return, with a view to the discontinuance of any that may be found to be
no longer necessary.

CHAPTER II

WORKS.

A – Classification of Operation of the Public Works Department.

98. The operations of the Public Works Department fall primarily under two
categories “Original Works” and “Repairs” or “Maintenance”. The first
includes new works alterations, additions and purchases; the second, repairs
and maintenance. All works necessary to bring into use newly purchased or
previously abandoned buildings fall in the first category. The principles of
classification of works under categories are detailed in Footnote (35) of
Appendix 2 to the Bihar/Jharkhand Public Works Account Code.

99. Original Works are divided into three classes

(i) Major Works – Works costing above Rs. 25 lakh
(ii)Minor Works – Works costing above Rs. 25000 and upto Rs. 25 lakh
(iii) Petty Works – Works costing up to Rs. 25000

B – Requisition by Civil Officers.

I- General
100. Applications for new structures, and for addition or alteration to existing
structures, should be made by the requisitioning officers of the department
concerned, in communication with the Executive Engineer through the
respective department. The Executive Engineer must in each case exercise

18
 his judgment on the demand made, giving all proper weight to the opinions of
the department concerned; but it is his duty to oppose any application of the
funds at his disposal to works, of the real necessity for which he is not
satisfied, and in every case in which he thinks that he cannot recommend the
execution of a work called for by a duly constituted authority, he should,
explain his objection to the officer concerned, and if he fails to convince him,
should refer the matter for the orders of the Superintending Engineer. The
actual execution of works asked for by civil officers, must in every case be
dependent on the necessary funds being available.

Note – By requisitioning officers is meant those civil officers who have been
delegated the power of according administrative approval to works estimates
.
101. The requisitioning officer of a civil department may call upon the
Executive Engineer through the respective department to report on
proposals for new structures or for additions or alterations to structures
required for the use of his department and to state probable cost.

C – Preparation of Projects.
I – General.

102. The papers to be submitted with the project for a work will consist of a
report, a specification and a detailed statement of measurements, quantities
and rates, with an abstract showing the total estimated cost (in rupees only)
of each item. These documents form what is called ‘the estimate’ in the
sense of this Code. The form of the abstract will depend on the method
proposed for the execution of the work. If it is intended to purchase or supply
materials and to employ labour for construction separately (whether by
contract or departmental agency), the abstract of the estimate should be so
framed as to show separately for each distinct item of artificer’s work, (1) the
cost and quantity of ‘labour’ and (2) the cost of materials. But if this is not the
case, e.g. when item of work is to be executed by contract and it is proposed
to contract for the completed items of work, the abstract of the estimate may
show merely the quantity and cost of each item of work. In the case of a
project consisting of several works, the report may be a single document for
all the work and likewise the specification; but details of measurements and
abstract may conveniently be prepared for each work, supplemented by a
general abstract bringing the whole together. In the case of estimates for
‘Repairs’ or ‘Maintenance’ only the specification and the detailed statement
of measurements and quantities with the abstract will ordinarily be required.
The report should state clearly the purpose of the work estimated for, and
explain any peculiarities which require elucidation, including where
necessary, the reasons for the adoption of the estimated project or design in
reference to others.

Note – Miscellaneous petty works may be entered in the abstract of the

estimate without measurements the estimated cost being alone given.

102A. Services of consultants may be taken as per guidelines issued by the

Government.

103. To facilitate the preparation of estimates a schedule of rates of each

kind of work commonly executed should be prepared. A State level
Committee for Schedule of Rates under the convenership of Road

19
Construction Department with members from Technical Examination Cell
(Cabinet Vigilance), and other Works department of rank of Engineer-in-
Chief/Chief Engineer will finalize the Schedule of Rates along with analysis
of rates and material rates. The quorum shall not be deemed to be complete
without participation of member from Technical Examination Cell (Cabinet
Vigilance). In case of Road /Bridge works. Standard data Book of MORT &
H of Government of India shall be adopted and like wise in case of Building,
Rural Roads, Water Resources, Drinking Water and Sanitation department
or Electrical Works the Specification/ Analysis of Rate as followed by
relevant/related Works department of Government of India shall be
applicable unless there are good enough reasons to do otherwise .SOR shall
be revised every 6 months effective 1st April & 1st October. In case of any
difficulty in getting rates the committee may use relevant indexes issued by
RBI or the Economic Advisor, Ministry of Commerce, Government of India or
any relevant competent Authority.
The rates of Non Scheduled items required in a work can be adopted from
DGS & D rates. In case, DGS & D rates are not available, the relevant
Government of India SOR applicable to the concerned Zone may be
adopted.
Note 1- The Rates of Non Scheduled item required for work, in case is not
available on DGS&D rate nor in relevant Government of India SOR
applicable to concerned Zone, the same shall be arrived at by inviting
quotation from the market
Note 2 - To facilitate the carriage of construction materials, the source of
such materials should be identified and located for each works division by
the superintending engineer concerned. This information should be updated
every six months.

104. In addition to the provision for all expenditure that can be foreseen,
including incidental expenditure such as, compensation for the cost of land,
sheds for workmen and stores, etc., the cost of which is not provided for in
the rates for other items or work, 1 per cent should be added to the estimate
to cover the cost of unforeseen contingencies. The provision for
contingencies may not be diverted to any new work or repair which is not
provided for in the estimate and of which the cost exceeds Rs.20000 without
the sanction of the Superintending Engineer. See also paragraph 294.

Note 1 – If the amount provided under the head ‘contingencies’ in an

estimate is either expended or earmarked, no further new works or repairs
should be sanctioned till funds for such works or repairs are allotted.

Note 2 – No works or repairs which are not fairly contingent should be

undertaken without proper sanction to a supplementary estimate which
should be submitted for sanction as soon as the necessity is foreseen.

105. The rules regulating the inclusion in estimates of the approximate cost
of establishment and tools and plant in respect of works other than irrigation
project will be found in Appendix 4, of the Bihar/Jharkhand Public Works
Account Code.

Note 1 – For Irrigation projects detailed rules are incorporated in the Bihar
/Jharkhand Irrigation Manual.

20
Note 2 - Provision for price contingencies in case of projects of duration
more than 3 years

Due provision for resulting price escalation on account of inflation and other
reasons shall be made in Detailed Project Reports / Estimates of large
projects of Irrigation & other Works Department for such projects whose
implementation due to technical reasons is contemplated to take more than 3
years.

An adjustment factor of 10% per annum shall be made in Detailed Project

Reports / Estimates so as to obviate the likely need for revision which is a
time consuming process.

106. Deleted

107. When type plans have been prescribed they should be followed by
Public Works Department officers in preparing projects.

108. Deleted

II – Original Works.

(a) Civil Buildings

109. The site of every building should, if possible, be definitely settled before
the detailed designs and estimates are prepared. Local authorities must be
consulted in all cases as to the site. In the case of works or buildings which
are intended to be erected in the neighborhood of any fort or cantonment, the
matter should, in the first instance, be referred to the local Military Works
officer for an expression of his opinion from a military point of view, and then
submitted to the Government of India in the Ministry of Defence for
concurrence, and when such concurrence has been obtained, no deviation is
permissible without previous reference to that Ministry.

Note – Rules regarding selection of sites are contained in Appendix B.

110. Rules regarding Zones of Defense Works will be found in Army

Regulations, India. Special attention is drawn to the restrictions on the
construction of buildings, alteration of ground level and collection of materials
in such zones; and to the prohibition of the transfer of state land in zones
without the sanction of the Government of India.

111. Magazines and all Government buildings which from their height or
exposed situation are likely to be struck by lightning should be provided with
lightning conductors as per the provisions in National Building Code of India
as amended from time to time.

All conductors and earth connections should be inspected and tested

periodically, according to instructions issued from time to time, a report of
each such inspection being submitted to the Superintending Engineer.

(b) Communications.

112. A Road Project estimate should contain matters listed under the
following main headings :-
21
 (1)The report;
(2)Specification;
(3)Estimates (with calculations, where necessary);
(4)Analysis of rates.
(5)Drawings.

113. Estimate of new lines of road should include the cost of all dwelling and
inspection houses to be built along them thereon for the accommodation of
inspecting officers, subordinates and others, and the reports prefacing the
estimates for such works, must be full and informative, clearly showing the
necessity for the road, its termini, the class of road proposed, facilities for
future maintenance, and type and volume of traffic anticipated.

114. No road, bridge, ferry, tunnel, ropeway, causeway declared by the

Government of India to be of military importance may be abandoned, or
allowed to fall out of repair without the prior sanction of the Government of
India.

115. Estimates for bridges must be accompanied by adequate calculations

and the report should show how the stream has been crossed hitherto, why it
is proposed to bridge it, the kind and volume of traffic expected, whether the
stream has ever been bridged before, if so a description of it should be
given and if it failed, the reasons, the kind of bridge now proposed, the
reasons for the amount of water-way allowed, the height of road-way above
the high flood level and head-way allowed for boats, if any, the nature and
size of snags, if any, the drainage of the stream, whether flat or hilly, the
velocity of current in rainy and dry weather, liability to sudden floods, whether
the stream used for floating out timber, and if so, how, the nature of bed and
banks, whether the banks are liable to erosion, whether the steam is
navigated and if so, by what type of vessel, the highest flood level,
maximum, and normal, and the nature of materials available within
reasonable distance.

116. Estimates for National Highway projects should be submitted in all

details specified in paragraphs 112- 115 to the Government of India for
scrutiny, technical approval and financial sanction. Similarly, detailed
estimate for projects for roads, financed from the Road Fund Central
(Ordinary) Reserve, and Road Fund Central (Special) Reserve should also
be submitted to the Government of India for scrutiny, technical approval and
financial sanction.

(c) Embankments.

117. In the case of new lines (alignment) of river embankments it is

necessary that the report should show clearly the financial responsibilities of
Government in connection therewith, and the manner in which it is proposed
that the outlay shall be recovered.

(d) Water Supply Projects.

118. For pipe water supply projects, the nature and quantity of the existing
water supply should be given and the reasons necessitating an improved
supply the possible source of an additional supply and the reasons for
22
preferring the scheme submitted; the area and population to be served as
well as the estimated daily allowance in litres per head of population, the
quality of the water and whether it requires treatment or not. It should
conform to the Central Public Health Environmental Engineering
Organisation (CPHEEO) Manual of Government of India.

119. The Report should be accompanied by the index map showing the lines
of main and distributary piping, and plans of all works, including filters,
service reservoirs, settling tanks, etc. if pumping is contemplated, the annual
cost of working the pumps should be estimated; the mode of calculating
dimensions of pipes, etc., and the formula used should form one of the
appendices.

D – Basic Rules applicable to all Works executed by the Public Works

Department.
(a) General

120. There are four main stages in the project for a work, namely, Technical
Approval, Administrative Approval, Technical Sanction and the appropriation
or re-appropriation of funds. These stages are described in the following
rules.

(b) Administrative approval.

121. For every work (excluding repairs and petty works) initiated or
connected with the requirements of another department, it is necessary to
obtain the concurrence of the department concerned to the proposals. The
formal acceptance by the department concerned is termed “administrative
approval” of the work, and is in effect, an order to the Public Works
Department to execute certain specified works at a stated sum to meet the
administrative needs of the department requiring the work. Such approval
should not, however, be granted until budgetary provision exists for such
works and Technical Sanction has been granted on the basis of detailed
proposal. In some cases of urgency or complexity, Technical Approval may
be obtained. Such approval will be accorded by the officers competent to
give Technical Sanction. Technical Approval is granted on the basis of
preliminary estimates and verification of structural soundness. It serves as
basis of consideration of the scheme for Administrative Approval. In such
cases, after getting Administrative Approval, Technical Sanction would be
required on the basis of the detailed estimates before inviting tender or
commencement of work in case of the work to be executed departmentally
as the case may be.

Note-In case technical approval is to be granted, the approval thereof must

be obtained from the officer immediate superior to that competent to accord
such approval before granting the same.

A similar procedure should be followed in the case of works required to meet

the administrative needs of the Public Works Department.

(i) For repairs, allotment of funds against budgetary provision/ availability of

fund shall be the basis for according Technical Sanction.
(ii) For deposit works, availability of fund shall be the basis for according
Technical Sanction.

23
122. An application for administrative approval should be submitted to the
authority competent to accord it, accompanied by a report and estimate and
by such plans, information as to the site and other details as may be
necessary fully to elucidate the proposals and the reasons therefore. The
estimate and plans should be obtained from the Public Works Department.

123. This procedure will also apply to modification of the proposals originally
approved, if likely to necessitate the eventual submission of a revised
estimate due to material deviation from the original proposals, even though
the cost of the same may possibly be covered by saving on other items and
to cases where the detailed estimates, when prepared, exceed the amount
administratively approved by more than 20% involving excess over the
admissible outlay. In these cases, as also in cases in which it becomes
apparent during the execution of the work that the amount administratively
approved will be exceeded by more than 20% owing to increase of rates or
other causes, the revised administrative approval of competent authority
must be obtained to the increased expenditure without delay, and in the case
of modification during construction, without awaiting the preparation of a
detailed supplementary or revised estimate.

124. The rules in paragraphs 121 to 123 will also apply to all works under
the administrative control of the Government of Jharkhand.

(c) Expenditure Sanction

125. Deleted

(d) Technical Sanction

126. For every work which is proposed to be carried out except petty works
and repairs, the cost of which is not likely to exceed Rs. 25000 and annual
repairs for which a lump sum provision has been sanctioned by the
Superintending Engineer under paragraph 204, a properly detailed estimate
must be prepared for the sanction of the competent authority. This sanction
is known as the technical sanction of the estimate and except in cases such
as are referred to in paragraphs 128 and 130 must be obtained before
inviting Tender or commencement of work in case of the work to be executed
departmentally as the case may be. As its name indicates, it amounts to no
more than a guarantee that the proposals, are structurally sound, and that
the estimates are accurately calculated and based on adequate data. Such
sanction will be accorded by the officer of the Public Works Department
authorized to do so. In the case of an original work, the countersignature of
the local head of the department on behalf of which its execution is
proposed, or of such other officer of lower status as may have been
empowered to accord administrative approval to it, should be obtained to the
plans and estimates in token of his acceptance of them.

If, subsequent to the grant of technical sanction, material structural

alterations are contemplated, the orders of the original sanctioning authority
should be obtained even though no additional expenditure may be involved
by alterations. (See also paragraph 127.)

Note 1 – It is essential that Administrative Approval should invariably be

obtained before tender is invited.

Note 2 – For powers delegated to Public Works Department officers to

24
accord technical sanction to works estimates (see Chapter V).

Note 3 – Part wise Technical Sanction may be granted subject to such

condition that such part wise grant of Technical Sanction is accorded by
officer competent to grant Technical Sanction to the entire work as a whole.

127. In cases where a substantial section of a project sanctioned by a higher

authority than himself has been abandoned, or where material deviations
from the original proposals are expected to result in substantial savings, the
Superintending Engineers must revise the amount of the estimate and
intimate both to the Accountant-General and to the Executive Engineer that
the amount of the expenditure sanction should be reduced accordingly. In
cases where the saving is due to material deviation of a structural nature
from the design originally approved, and the amount of the revised estimate
is greater than that up to which the Superintending Engineer is empowered
to sanction estimates technically, a revised technical sanction must be
obtained from the competent authority.

128. In exceptional cases, where it is desirable to commence work on a

project to which Administrative Approval has been accorded by competent
authority before the detailed estimated for the whole project has been
sanctioned, it is permissible for the authority competent to accord final
technical sanction of the estimate as a whole, to accord sanction to detailed
estimate for component parts of the project, subject to the following
conditions :-

i) For each such works or component part there must be a fully prepared
detailed estimate, and in the administrative approval as a whole, there must
be a clear and specific amount corresponding to the work or component part
in question.
ii) The amount of the detailed estimate must not exceed the amount included
in the administrative approval.
iii)The sanctioning authority must be satisfied, before according sanction,
that no material deviation from the whole project as prepared for the purpose
of administrative approval are to be anticipated, and that the amount of the
technical sanction for the whole project is not likely to exceed the amount of
administrative approval.

Note – This rule does not apply to estimates for parts of individual
buildings.

25
 e) Appropriation and re-appropriation

129. An appropriation is the allotment of a particular sum of money to meet

expenditure on a specified object out of funds placed at the disposal of the
assigning authority and it is a fundamental rule that no expenditure should be
incurred without such appropriation.

Re-appropriation means the transfer of funds from one unit of

appropriation to another such unit. Both appropriation and re-appropriation
are operative only for financial year for which they are made.

Note- Before allotment of fund for any original work the department should
ensure that administrative approval has been accorded by a competent
authority and the same is within the permissible limit of administrative
approval or is as per the written order of the state government to exceed the
expenditure beyond such permissible limit.

E – Execution of Works.
I – Commencement of works.

130 (a) It follows from the provisions of paragraphs 121- 129 that, except
in case, where the omission of one or more of the stages therein referred to,
is permissible under other rules, it is fundamental rule that no work shall be
commenced or liability incurred in connection with it, until, Administrative
Approval has been obtained, a properly detailed design and estimate have
been Technically sanctioned, appropriation of funds made and orders for the
commencement issued by the competent authority. Mere provision in the
budget estimate for expenditure on a work conveys no authority for
commencement of the work.

b)If on grounds of urgency, an Executive Engineer is required by superior

authority to carry out a work or incur a liability which involves an infringement
of these fundamental rules the orders of such authority should be conveyed
in writing. For ‘Urgent works’ the authority to commence work in anticipation
of Administrative Approval shall vest in the Public Works Department and in
anticipation of technical sanction to estimate, with the Chief Engineer . On
receipt of such written orders of the competent authority, the Executive
Engineer may proceed to carry out the necessary work and state
approximately the amount of the liability which he is likely to incur. It is the
duty of the Executive Engineer, incurring the expenditure to take immediate
steps to regularize the execution of the work. The appropriate authority will
take such necessary steps to regularize the expenditure. In cases of
emergency, such as breach by a flood or a calamity such as earthquake,
cyclones, fires and imminent collapse of building and so on, an Engineer not
below the rank of the Executive Engineer may, on his own responsibility,
proceed to carry out the necessary work subject to the same condition as
laid down above for execution of urgent works.

Note – In all cases where works are taken up under orders of the superior
authority or by the Executive Engineer on his own responsibility in
anticipation of administrative approval or on the basis of rough estimates
and plans or without detailed estimates and plans, the detailed plans and
estimates and complete specifications, should be prepared by the Public
Works Department officers and sanctioned by the competent authority
within one month from the date of commencement of the work.

26
 Administrative approval should also be obtained where
necessary within the period specified above.

131. When construction of any new building is about to be commenced, or

any alteration, addition or repairs, executed in any building, due intimation of
such intention must be given to the local head of the department concerned.

132. Except in the case of emergent work such as repair of breaches, etc.,
no work should be started on land which has not been duly made over by the
responsible Civil Officers.

II – Scope of Sanction to an estimate.

133. The sanction to an estimate must on all occasions be looked upon

strictly limited to the precise objects for which the estimate was intended to
provide. Accordingly, any anticipated or actual savings on a sanctioned
estimate for a definite work should not, without special authority, be applied
to carry out additional work not contemplated in the original project or fairly
contingent on its actual execution.

Saving due to the abandonment of a substantial section of any project

sanctioned by any authority are not to be considered as available for work
on other section without further sanction of that authority.

Note – A substantial section of a project shall be considered to have

been abandoned if the estimated cost of the works in such section is not less
than 5 per cent of the total sanctioned cost of the projects excluding, in the
case of irrigation projects, the estimated cost of the head works as originally
approved.

III – Lapse of sanction.

134. The sanction to an estimate for a public work will ordinarily cease to
operate after a period of five years from the date upon which it was
accorded, but the acceptance by competent authority of a budget estimate
which included specific provision for expenditure upon work which is in
progress may be regarded as reviving, for the year in which the provision is
made, the sanction to the estimate.

IV – Alterations in design during construction.

135. No material alteration in sanctioned, still less in standard designs, may

be made by an Executive Engineer in carrying out any work, without the
approval of the Superintending Engineer. Should any alteration of
importance, involving additional expense, be considered necessary, a
revised or supplementary estimate should be submitted for sanction. In
urgent cases, where the delay thus caused would be inconvenient, an
immediate report of the circumstances must be made to superior authority
and dealt with as the ease may require.

Note – Revised administrative approval is necessary in the cases

indicated in paragraph 123.

136. In works, the estimates for which have been sanctioned by a competent
27
authority, no additions or alterations likely to cause an excess which will not
fall within the power of sanction of that authority should be permitted without
the previous approval of a higher authority.

137. Where important structural alterations are contemplated, though not

necessarily involving an increased outlay, the orders of the original
sanctioning authority should be obtained. A revised estimate should be
submitted for technical sanction if the alterations involve any substantial
change in the cost of the work.

V – Miscellaneous rules for the execution of works.

138. In the execution of works, every care should be taken that the safety
and convenience of the public are duly attended to, and that all operations
are carried on in such a manner as to interfere as little as possible with the
traffic or ordinary pursuits of the people. Temporary roads, bridges, lights
and barriers should, when necessary, be provided; and the occupation of
land when practicable is so timed as not to lead to the destruction of standing
crops. Brick and lime kilns should not be erected so close to the inhabited
parts of any town or cantonment as to be nuisance.

139. Any reasonable outlay for temporary accommodation for work people,
and for entertaining temporary establishment for the purpose of security
sanitation or temporary hospitals may be authorized as a part of the
contingent outlay on works.

140. No religious edifice should be destroyed or injured in the execution of

works without the full and free consent of the persons interested in it, nor
without the concurrence of the principal civil authority on the spot, unless
under orders of Government. (See also paragraph 228.)

141. All interruptions of large works in progress should be immediately

reported to the Superintending Engineer, the causes and probable duration
of such interruptions being duly explained.

142. All unusual losses in the manufacture of materials must, on their

occurrence, be reported to the Superintending Engineer.

143. Serious accidents should be reported to the Superintending Engineer

(see paragraph 33) and also at the discretion of the Executive Engineer to
the State Government direct. Executive Engineers and other officers or
subordinates in charge of work should furnish immediate information to the
proper civil authorities on the occasion of every serious accident; and in the
case of death on the spot; they should not allow the body to be removed till
an enquiry has been held. (See also Rule 33 of the Jharkhand Financial
Rules, Vol. 1)

144. The employment of female labourers on works in the neighbourhood of

soldier’s barracks should be avoided as far as possible.

145. The Superintending Engineer may, if he deems it necessary, direct the

Executive Engineer to suspend the commencement or progress of any work

28
pending the orders of the State Government.

145A. The department may issue such instructions as deemed necessary for
speedy, timely and proper execution and supervision of works. Accordingly
the Detailed Project Report should also depict scientifically calculated stage
wise completion time, work programme, required machinery, equipment
,materials required for the project , photographs of the site depicting
important topographical details etc. as per guidelines issued by the
department from time to time.

F – Acquisition of Land

(a) General

146. When land which is not already in the possession of Government is

required for public purposes, it should be acquired through the agency of the
Land Acquisition Act (Act 1 of 1894) as amended by Act XXXVIII of 1923, as
amended from time to time, or under the National Highways Act 1956, or the
Jharkhand Highways Act 2005, as amended from time to time, which alone
can confer the indefensible title. For this the Executive Engineer should
consult the Collector of the district and obtain from him the fullest possible
information as to the probable cost of the land together with the value of
building, etc., situated on the property for which compensation will have to be
paid. On the information thus, obtained he should make provisions in the
estimate for the work accordingly.

Only preliminary information about probable cost of acquisition of lands,

buildings, etc., will not bind him to prepare award at this rate as the award is
to be prepared after due enquiry.

Note – ‘Collector’ means the Collector of district, and includes a

Deputy Commissioner and any officer specially appointed by the State
Government to perform the functions of a Collector under the Land
Acquisition Act.

147. (a) When the estimate has been sanctioned and fund allotted, the
Executive Engineer should apply to the Collector of the district
concerned giving the following particulars :-

i) The name or names of the village or villages with connected details of

thana, thana number, parganas and district through which the alignment
of each scheme will pass.
ii) The dimension of the proposed alignment width (permanent and
temporary as actually required).
iii) The approximate area of land required.
iv) Land plan in duplicate.
b) Certificates to effect that –

1) No cheaper appropriate land for the purpose for which it is proposed to

acquire the land is available and that the area for the acquisition of which
requisition is made is the minimum necessary for the purpose.
2)the project for which the land is sought to be acquired has been
administratively approved and showing the amount provided in the budget
29
estimate for acquisition of land, both permanent and temporary together with
the budget head from which the cost of acquisition is to be met.

b) As a preliminary to the formal acquisition there is no objection to

conducting private negotiations for settlement of the compensation
where such course is deemed advisable. The term of settlement should
be in the form of an agreement that the owner is willing to sell for a
specified amount plus 15 per cent for compensation, the sum of the two
being the actual price agreed upon Acquisition under the Land
Acquisition Act should then be completed.
c) Should however, if subsequently be found impossible to obtain the land
required without materially exceeding the estimate, or to obtain some
other plot of land in lieu of that originally proposed, the Executive
Engineer will submit a revised estimate for sanction. In cases where the
amount claimed by the owner is largely in excess of the amount
awarded by the Collector, the possession should not be taken except
under specific orders of the authority sanctioning the work until the time
has elapsed within which an appeal may be preferred.

148. In cases of urgency, acquisition should be made under section 17 of the

Land Acquisition Act. Possession is then obtainable fifteen days after the
publication of declaration under Section 6 of the act in the official Gazette.

149. When, in special case, it is desirable to acquire land before the estimate
of the whole work is sanctioned, a separate estimate may be sanctioned for
the acquisition. The estimated or actual cost of the land should subsequently
be incorporated in the final estimate.

150. The arrangements between the officers of the department and the
Collector to determine what land to take up should, where practicable, be
made without divulging the intentions of the Government, so as to admit of a
private bargain being, if possible, made before any enhancement of prices
has occurred.

151. After the Preliminary arrangements described in the preceding rules

have been duly carried out, the land will be taken up under the Act either by
the Collector or by a special officer placed at the disposal of the Public
Works Department and invested with powers of a Collector under the Act.
The procedure in two cases is described in the Jharkhand Treasury Code
Volume II, Appendix 18.

152. Detailed executive instructions issued under the Land Acquisition Act
are contained in the Bihar and Orissa Land Acquisition Manual, 1928 which
should invariably be referred to while resorting to land acquisition.

(b) Land held for military purpose.

153. All proposals for occupation of land within cantonment limits, forming
part of an encamping ground otherwise held for military purposes, should be
submitted, in the case of land within cantonment limits, to the cantonment
authority and, in other cases, to the General Officer Commanding the

30
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

31
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.
32
 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
33
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

34
 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

35
 execute the work, with all its contingencies in accordance with the
drawings and specifications for a fixed sum.

ii) Percentage Rate Contracts- are those contracts in which contractors

are required to execute the work at specified percentage above or below
the total estimated cost of work shown in the schedule of quantities
attached to the tender

iii Item rate contract- is that in which the rates are quoted for individual
item of work on the basis of schedule of quantities furnished by the
department.

iv) In turnkey projects, the design and engineering, supply and

installation of equipment and construction of complete works are all
provided under one contract.

b) Public works under Public Private Partnership (PPP) : Whatever

may be the form of Public Works under Public Private Partnership , e.g.
Build, Operate and Transfer (BOT), Build, Operate, Lease and
Transfer(BOLT), Build , Operate, Own and Transfer(BOOT) , Annuity
,Special Purpose Vehicle (SPV) etc, arrangement shall be made for:

i) proper records of assets created

ii) proper supervision of engineering construction and cost
iii) proper operation and maintenance of works at prescribed
standards
iv) prescribed tariffs and tolls
v) proper account of outlays and recoveries set off against them
vi) proper handing over the infrastructure facilities on termination of
the contract
vii) strict compliance of the Terms and Conditions of contract entered
into with private agencies.
With prior specific approval of the Government, the department may
choose to award any work /project, through Public Private Partnership.
While inviting bids for such work/projects, separate tender document,
agreement form and other terms and conditions will be laid down by the
Department in consultation with the Finance and Law Departments.

(c) All payments to be collected by the contractor may be credited to the

Escrow account to be opened in a bank to be decided on mutual
agreement between the contractor and the Department. The Escrow
agent shall release payment in favour of the contractor from the said
account on terms & conditions mentioned in the schedule of events.
All the receivables from the Jharkhand Government shall be
deposited in the Escrow Account maintained with the Escrow agent.

168. Deleted

169. The following general principles have been laid down for the guidance
of authorities who have to enter into contracts or agreements involving
expenditure from public funds :-
i) The terms of a contract must be precise and definite and there must
be no room for ambiguity or misconstruction therein.
ii) As far as possible, legal and financial advice should be taken in the

36
 drafting of contracts and before they are finally entered into.
iii) Standard forms of contracts should be adopted wherever possible,
the terms to be subject to adequate prior scrutiny.
iv) Such standard forms of contract will be prescribed by the
Department in consultation with the Law and Finance Departments.
When prescribing such standard form, the draft may also be shown for
advice to the Audit whose function is to examine contracts or
agreements for works or supplies entered into by Government servants
on behalf of Government. (See Article 124 of the Audit Code).
v) Certified copies of important contracts value at Rs. 50,00,000 and
above entered into by the Officers of the Department shall be furnished
to the Audit Office.
vi) The terms of a contract once entered into should not be materially
varied without the previous consent of the authority competent to enter
into the contract as so varied. No payments to contractors by way of
compensation or otherwise, outside the strict terms of the contract or in
excess of the contract rates may be authorized without the previous
approval of the Finance Department.
vii) No contract involving an uncertain or indefinite liability or any
condition of an unusual character should be entered into without the
previous consent of the Finance Department.
viii) Whenever practicable and advantageous, Contracts should be
placed only after tenders have been openly invited. In cases, where the
lowest tender is not accepted, reasons should be recorded. (See also
paragraph 163)
ix) In selecting the tender to be accepted, the Technical and financial
status of the individuals and firms tendering must be taken into
consideration in addition to all other relevant factors.
x) Even in cases where a formal written contract is not made, no order
for supplies, etc., should be placed without at least a written agreement
as to the price.
xi) Provision must be made in contracts for safeguarding Government
property entrusted to a contractor.
xii) Where a contract is likely to endure for a period of more than five
years, it should, wherever possible, include a provision for an
unconditional power of revocation or cancellation by Government at
any time on the expiry of at the most six months’ notice to that effect.
xiii) The contractor shall at his own expense and risk provide all
plants, equipments & materials required for the works other than
those which are stipulated to be supplied by the Government.

(b) Contract Documents.

170. Before a work is given out on contract, the Executive Engineer must
prepare “Contract” documents to include :-
1st - A complete set of drawing showing the general dimensions of the
proposed work, and so far as necessary, details of the various parts.
2nd - A complete specification of the work to be done and of the materials to
be used, unless reference can be made to some standard specification.
3rd - A schedule of the quantities of the various descriptions of work.

37
 4th - A set of “conditions” of contract to be complied with by the person
whose tender may be accepted.

171. Deleted

(c) Security for performance of Contract.

172. Security should in all cases be taken for the due fulfillment of a contract.
This security should be for total amount of 10(ten) % of the contract value
which may comprise of -
i) Amount deposited as earnest money under paragraph 162 duly
endorsed to the Executive Engineer.
ii) Certificates and papers mentioned in paragraph 161 duly endorsed
to the Executive Engineer. Such certificates and paper or bank
guarantee should be valid upto the defect liability period after
completion of the work.
iii) A deductions of rest amount from the monthly/ periodic payments to
be made on account of work done.
iv) All security furnished by the successful agency be verified within
shortest possible time. The same expediency should be observed in
case of renewal of the security or recovery of money. Under no
circumstances without renewal any payment should be made to any
agency.
Note 1 - Parties concerned may be permitted to make either a suitable
deposit or guarantee arrangements with any Bank which lodges with
the Reserve Bank of India requisite securities in respect of the
guarantee to be executed or fixed deposit receipts to be tendered by it
on terms and conditions laid down by Government in this behalf from
time to time.
Note 2- Due precautions should be observed while refunding the
security deposit of the concerned agency after the completion of the
work.

173. In the case of piece work agreement, the Divisional Officer may, if he
deems it necessary, make deductions from the bill of a sum not exceeding
10 per cent of the value of the work done, as security for the rectification of
such defects in the work as may be noticed within three months after the
completion of the work.

(d) Provision in Contracts for Imported Stores

174. Deleted

(e) Enforcement of terms of Contract.

175. Engineers and their subordinates are responsible that the terms of
contracts are strictly enforced, and that no act is done tending to nullify or
vitiate a contract. All contract deeds must be executed on one or other of the
standard forms, but they may be modified to suit local requirements after
consultation with the legal advisers of the State Government. All agreements
or security bonds entered into with the Department by contractors for the

38
execution of work or securing the due performance of contracts are
exempted from stamp duty.

176. Deleted

(f) Officers empowered to execute Contracts.

177. No authorities lower than the officer, in charge of a subdivision can

accept any tender or make a contract for Public Works. No contract may
be entered into by any authority which has not been empowered to do so
by or under orders of the State Government.
Note 1- Supplementary agreement may be entered into as per the
requirement only after approval by the competent authority, having
competence to decide the original tender.
Note 2 - For delegation of power to Public Works Officers under this
paragraph (See Chapter V.)

178. It is permissible to give out to different contractors a number of contract

relating to one work, even though such work may be estimated to cost more
than the amount up to which officers are empowered to accept tenders. But
no individual contractor may receive a contract for a sum exceeding the
power of acceptance of the authority concerned. No individual contractor
may also receive a second contract in connection with the same work or
estimate while the first is still in force, if the sum of the contracts exceeds the
power of acceptance of the authority concerned.

179. Departure from the rules for contract specified above may be permitted
or condoned by the State Government subject to any restrictions that may be
imposed in each case.

J – Disposals of Estimates.
(a) Office of record for estimates.

180. Estimates after being sanctioned by competent authority should be

returned to the Executive Engineer for record in his office.

(b) Communication to the Accountant-General of approval and

sanction.

181. A return of all estimates sanctioned by the Executive Engineer, should

be sent by him to the Superintending Engineer and these sanctions together
with those accorded by the Superintending Engineer, should be
communicated monthly through the Chief Engineers to the Accountant-
General not later than the 15th of the month following that to which it relates.
Advice regarding all detailed estimates sanctioned by the authority higher
than the Superintending engineer should be communicated to the
Accountant-General, monthly at least, in such form as may be prescribed for
the purpose.
Note – The Superintending Engineer is responsible that in cases where a
substantial section of a project sanctioned by higher authority has been

39
abandoned even though provisionally the aggregate assumed cost
(including contingencies) of the work included in that section is intimated to
the Accountant-General for exclusion from the total sanctioned estimate of
the project. (See also paragraph 133.)

K – Supplementary and Revised Estimate

(a) Supplementary estimate.

182. a) Any development of a project thought necessary while a work is in

progress, which is not fairly contingent on the proper execution of the
work as first sanctioned, must be covered by a supplementary estimate,
accompanied by a full report of the circumstance which renders it
necessary, the total amount being limited to the permissible limit of
Administrative approval. The abstract must show the amount of the
original estimate and the total of the sanction required including the
supplementary amount.
b) The item of work not included in the Bill of Quantity (BOQ) shall be
termed as extra item. For extra item, there should always be a
supplementary agreement and the rates for such work item shall be on
the basis of rate entered in the concerned Schedule of Rate prevalent
during the period when the work was carried out / is being carried on
,provided always, that if, the rate for a particular item is not in the
Schedule of Rates, the rate for such item will be determined by the
Engineer-in-Charge on the basis of the prevailing market rates when the
work was done.

(b) Revised estimate.

183. a) A revised estimate must be submitted when an administratively

approved estimate is likely to be exceeded by more than 20 per cent, for
any cause whatever or when material developments or deviations have
necessitated revised administrative approval, except as mentioned in the
foregoing rule.
It must be accompanied by a comparative statement (P. W. D. Form No.
119) and by a report showing the progress made to date and explaining
fully the cause of the revision.
The revised estimate need contain no details of items which are not
altered, but merely a note to this effect. The sanctioned estimate must
accompany a revised estimate.
It is the duty alike of the Executive and the Superintending Engineer to
watch carefully the progress of expenditure and to see that a revised
estimate is submitted immediately when the necessity arises.
Note - If there is likely to be unavoidable delay in the preparation of a revised
estimate, an immediate report of the circumstances should be made to
the authority whose sanction will ultimately be required.
b) while preparing the revised estimate the following points should be
kept into consideration:-
i) Quantities should be exhibited separately for completed and
balance work.
ii) The estimate for completed work should be based on actual

40
 expenditure and for balance work on prevailing rates.
iii)Comparative Statement must accompany the revised estimate in
which item wise variation should be mentioned against original estimate
with reasons there of.
iv) For Irrigation Projects the revised calculated Cost Benefit ratio
should be attached with the revised estimate.

184. When the submission of a revised estimate under the above rules is
found necessary, it is essential that the revised estimate should be compared
with the latest existing sanction of competent authority. When by reason of
intermediate modifications such existing sanction differs from that accorded
by the highest authority concerned, a statement should be prepared showing
how the sanction with which the revised estimate is compared has been
arrived at.

(c) Utilization of completion reports as revised estimate.

185. When excesses occur at such an advanced period in the construction of

a work as to render the submission of a revised estimate purposeless, the
excesses, if beyond the power of the Executive Engineer to pass, may be
explained in a Completion Report or completion report as explained in
paragraph 186.

L – Completion Reports, Certificates and Plans.

(a) General.

186. a) A consolidated completion statement should be prepared monthly of

all completed works other than those referred to in clause (b) the actual
expenditure on which is in excess of the sanctioned estimate by an amount
greater than that which the Executive Engineer is empowered to pass. This
statement should show for each work or group of works the estimated
amount, the outlay and the excess. In cases in which the completion
statement is utilized instead of a revised estimate, sufficient details must be
given, if the excess is more than 5 per cent, to satisfy the authority whose
sanction is necessary.
b) A detailed completion report in F.R. Form 10 needs only prepared in
respect of works on which the outlay has been recorded by subheads : -
i) When, if the work was sanctioned by higher authority, the total estimate
has been exceeded by more than 5 per cent, and
ii) When, if the work was sanctioned by the Executive Engineer, the total
estimate has been exceeded by an amount greater than that which he is
empowered to pass.
The report should give a comparison and explanation of differences
between the quantity, rate and cost of the work executed and those entered
in the estimate, and should mention the names of the Engineers and
subordinates by whom the work was supervised.
The Superintending Engineer may, if he so desires, require a detailed
completion report to be prepared on the completion of any other work.

41
 (b) Works executed on behalf of other Departments.

187. On the completion of a work in accordance with the sanction and

approval, executed on behalf of another department, the local head of that
department will be informed in writing by the Executive Engineer under
intimation to the administrative department to that effect. Such formal
notification will constitute handing over of the work to the department for
whom it was carried out. Reasonable warning of the imminence of such
notification must of course be given.

188. Civil Officers are required to fill up and sign all authorized forms and
requisition concerning the execution of any original work affecting their
department.

(c) Record drawings.

189. Record of as built drawing showing the work as actually constructed

should be completed as soon as possible by the officer in immediate charge
of every new work or alternation of an existing work, for approval and record
by the Executive Engineer (vide paragraphs 92 and 233). Completion plans
consisting of copies of the record plans of the more important works and
alterations should if required to elucidate the report or if otherwise so
directed by the Superintending Engineer, be prepared in the Executive
Engineer’s office to accompany the Completion Report.

(d) Office of Records.

190. On the completion of any work in respect of which a Completion Report

or Statement is required under rules, such report or statement should be
forwarded by the Executive Engineer to the Accountant-General who should
after verification of the figures, transmit it to the Superintending Engineer.
That officer should forward it to the Chief Engineer if he is not himself
empowered to deal with the excess. After disposal by the authority
concerned, it should be returned to the divisional office.
Completion plans, if any should not be sent to the Accountant-General but
should be forwarded direct to the Superintending Engineer who should attach
them to the completion report on its receipt. Completion certificate which
should not be submitted to the Accountant General should be retained in the
divisional office.

M – Rules for petty work costing Rs. 25000 or under and

works costing above Rs. 25000 but not more than Rs. 25 lakh
(a) Project estimated to cost over Rs. 25000 but not more than Rs. 25
lakh

191. If the head of a Civil Department who has been given power to accord
administrative approval to works estimates up to Rs. 25 lakh has reason to
suppose that he will be able to finance the works from the funds placed at
his disposal in the financial year or likely to be placed at his disposal in the
succeeding financial year, he will ask the Executive Engineer through the
respective department to prepare detailed plans, and estimates and on
being satisfied that they fully meet his requirements, he will himself accord
42
administrative approval to it and place necessary funds at the disposal of the
Public Works Department for execution of the work.

(b) Petty works costing Rs. 25000 or under.

192. The local head of a Civil Department may ask the Executive Engineer to
prepare a detailed requisition or estimate with the necessary plans for such
works, and on obtaining; it will forward it to the head of his department with a
request to place funds at the disposal of the Public Works Department to
carry out the work. No formal administrative approval is necessary. Before
asking the Executive Engineer to prepare a detailed requisition, the local civil
officer should, however, first ascertain from the head of his department if he
is in a position to provide the necessary funds.
Note - The above rule will not apply to projects involving residential
buildings, sanitation, water supply and electrical installation and also
acquisition of land.

N – Repairs.
(a) General.

193. ‘Repairs’ may be divided into two classes, ‘Ordinary’ and ‘Special’.
Ordinary repairs includes :-
i) those which are carried out as a matter of routine either (a) year by year
(annual) or (b) at longer intervals (periodical).
Items such as internal white and colour washing oiling, easing
of doors and windows, monsoon repairs to roofs, attention to drains, new
coating of bitumen on road, etc., are ordinary repairs.
External white or colour washing, external or internal painting,
internal distempering, renewal of approach road, etc., are periodical repairs.
ii) Other occasional petty repairs which may become necessary from time to
time and may have to be carried out between the times of annual or
periodical repairs.

194. Special repairs are those of a more extensive nature, which are
required at longer intervals, such as the re-roofing of a building, renewal of
flooring or repairs which have been necessitated by longer wear or unusual
circumstances. Whenever a work, special or ordinary repairs, is
accompanied by improvements or by extensions, the rule in Footnote 35 of
Appendix 2 of the Bihar/Jharkhand Public Works Account Code for
classifying the work should be observed.

195. Except in cases contemplated in paragraph 204, a separate estimate

should be prepared annually for all the anticipated ordinary maintenance and
repairs of each building or work or group of buildings or group of works or of
a portion of work or group of works during the working year, as detailed in
the budget for each circle of superintendence. Attention to this point is
necessary, for in principal accounts, the total outlay against each estimate
being alone posted, it is only by recording the outlay year after year on the
maintenance.

196. The working year for estimate for repairs commences from first of July

43
and ends on the 30th June. Each ordinary repair estimate should include the
whole expenditure which, it is anticipated, will be incurred during the working
year on the maintenance of the work concerned. The expenditure however
be controlled by the financial year.

197. Repairs estimates should, like those for original works provide for the
removal of all rubbish which may have accumulated, filling in unsightly pits,
etc., round the building; all works establishment employed specially on the
works; and under separate sub-heads, all watchmen sanctioned by
competent authority for the care of vacant buildings, guarding works, working
sluices, etc.

198. The sanction to an ordinary repair estimate lapses on the last day of the
year. If, however, inconvenience would arise in any exceptional case from
the stoppage of the work on the fixed date, the repairs may be carried on to
completion, the expenditure after that date being treated as expenditure
against a fresh repair estimate for the next working year.

199. Estimates for special repairs remain current till the completion of the
repairs in the same manner as estimates for original works.

200. In cases of urgency, the Superintending Engineer may authorize the

commencement of periodical repairs in anticipation of the formal sanction to
estimate; but in such cases, an approximate sum must be fixed, to the
expenditure of which sanction is provisionally given, and the Executive
Engineer will be responsible that the regular estimate is submitted at the
earliest possible date.

201. In the case of all descriptions of work, for the renewal of which any
specific period of time has been fixed, the estimate for its repair should show
the date when such item of work was last executed.

(b) Special Rules.

(i) Buildings.

202. To facilitate the preparation of estimate for periodical repairs a standard

measurement book should be kept in office of the each Executive engineer,
showing the detailed measurements of each kind of works which is usually
subject to renewal in each work under his charge, vide paragraph 232 of the
Bihar/Jharkhand Public Works Account Code.

203. Where municipal or other taxes on public buildings are payable by

Government, provision for such taxes should be made in the annual repair
estimate.

204. If the cost of ordinary annual repairs, excluding municipal taxes, to a

building (residential or non-residential) is less than Rs. 25000 the
Superintending Engineer may prescribe, subject to revision from time to
time, a lump sum limited to Rs. 25000 (plus the amount of municipal taxes, if
any, payable by Government under paragraph 224) for any one building to
cover the cost of ordinary annual maintenance and repairs and within this
amount, expenditure will be permissible year after year without any detailed

44
estimate being prepared. Such lump sum should be framed after
consideration of the cost of maintenance in the past and, in the case of
residential buildings, should further be limited to the amount included for the
purpose of the rent assessment. If in any working year the estimated cost of
maintenance and repairs is more than the permissible limit given above or if
the lump sum sanctioned by the Superintending Engineer is exceeded a
detailed estimate must be prepared in accordance with the ordinary rules
and be sanctioned by the competent authority. On sanction being accorded
to such an estimate the sanction of the Superintending Engineer to the lump
sum provision will automatically be superseded for the working year in
question.

(ii) Roads

205. Unless material is to be obtained by purchase or contract, delivered on

the road, the estimate should show the proposed cost, divided under ‘Cost of
Collection’ and ‘carriage’, and if the material is to be manufactured, the
probable outlay on each sub-head of the operation should be shown distinct
from carriage.

(iii) Requisition by Civil Officers.

206. Local Public Works Department officers are directly responsible for
annual repair of Government buildings which are borne on the books of the
Public Works Department and all reference in this connection should be
addressed to them direct and to the Superintending Engineer concerned or
the Chief Engineer in the case of neglect or delay.

O – Advance to Contractors.

207. Advance to contractors should be provided as per the conditions of

contract only. Such advances could be mobilization advance for plant and
machinery and non perishable material against unconditional bank
guarantee for the full amount of advance from any Scheduled bank
anywhere in India.
Such advance should be deducted /recovered as per contract. The principal
and the interest at specified rate mentioned in the contract on the
mobilization for plant and machinery and non perishable materials shall be
recovered as per the contract. Advances can also be provided in the
following case :-
Government may, in exceptional circumstances, authorize such
advances as may be deemed indispensable.

P – Information for the Survey of India.

208. To enable the Survey of India to keep the maps of India up to date in
respect of new canals, embankments, roads, etc., an index road map from
original surveys on a scale not less than one inch to one mile, should be sent
to the Survey of India Office, Calcutta, on completion of the work. The
topography adjoining the alignment, such as village sites, tri junctions,
boundary pillars, other permanent objects and the crossing of roads and
streams should be accurately shown and it should be stated on the maps
supplied whether the information’s have been derived from actual survey or

45
otherwise.

Q – Works under the Administrative Control of other Civil Department.

209. Save where any particular department (e.g. the Forest Department)
has been authorized by Government to execute all or specified classes of
departmental works without reference to the Public Works Department and
subject to any special rule or order issued by Government to apply to
special classes of works, all original works, and special repairs costing
more than Rs. 2500 relating to building and other works, the administrative
control of which vests in other departments, should be executed through the
agency of Public Works Department. In exceptional cases in which the
Public Works Department is not employed for the execution of such works
or repairs, the Accountant-General, should invariably be consulted at the
initial stage, i.e. prior to an agreement being entered into with an architect
or contractor so that suitable provision may be made as far as possible for
normal audit and financial control.

R – Deposit and Local Loan Works.

210. The department may, at the discretion of Government, be called upon

to execute works for which the outlay is provided wholly or in part
from –
a) Funds of a public nature, but not included in the financial estimate and
accounts of Government
b) Contribution from the public.
c) Loan from Government to a local body
d) Works of any other Government department / Undertaking
211. Where the work is financed partly from the funds in paragraph 210
above and partly from Government grants-in-aid, the procedure prescribed in
paragraph 433 of the Bihar/Jharkhand Works Account Code for the
payments of grants-in-aid should be observed.

212. Provision must be made to cover the cost of establishment tools and
plant at percentage rates prescribed in rule 5 of Appendix 4 of the
Bihar/Jharkhand Public Works Account Code.
No reduction of these charges may be made in the case of works costing
Rs. 25000 or more but when the cost of the work is less than Rs. 25000,
these may be remitted with the sanction of Government (See also 6 of
Appendix 4 of the Bihar/Jharkhand Public Works Account Code).

213. Deposits on account of one work cannot in any circumstances be

utilized for another.

S – Special Rules for Work wholly Financed From

Non-Government Funds.

214. Besides the paragraphs 210 to 213 the following are specially
applicable for works financed wholly from non-Government funds :-
a) The design and estimate must be drawn up in consultation with the
46
 authorities administering the funds, and must also be approved by the
Public Works Department authorities like any ordinary public works.
b) A written approval to the estimate and design as well as an
understanding that the P.W.D. does not accept any responsibility for
unavoidable and reasonable excesses caused by any rise in prices,
authorized deviations, losses and fire or theft or other unforeseen factors
should be obtained from the administrators of the funds before starting
work. Alternation in design should be similarly dealt with.
c) The officer in-charge of the work should report at once to his superiors
and to the contributors, any anticipated excesses and give full
information regarding the progress of expenditure so that there shall be
no responsibility of Government if the work has to be stopped later on for
want of funds.
d) The authorities undertaking such works should see that both parties
understand clearly their mutual responsibilities.
e) Where the work is of such magnitude or there are special
circumstances justifying it, an agreement should be drawn up under
legal advice.

CHAPTER III
PUBLIC BUILDINGS.
A – General
(i )General Rules.

215. The term “Public Buildings” as used in these rules applies to buildings
borne on the books of the Public Works Department and maintained from the
appropriation for Public Works in charge of Public Works Officers.

216. The officer in charge of each building should make some person of his
establishment answerable for its general conditions.

217. As a theatre is particularly liable to fire, no Government building in

which stores or other Government property is kept should be used for
theatrical purposes.

218. Insurance of Government buildings is not to be effected, except, in the

case of especially valuable property liable to special risks. In the latter case,
prior consent of the Finance Department should be obtained. (See also rule
442 of the Jharkhand Financial Rules, Volume I.)

219. Heads of offices are responsible for taking suitable precautionary

measure against accidents by fire in Public buildings (non-residential)
entrusted to their charge.

(ii) Fixture and Furniture

220. Every public building should be provided with all necessary fixtures, the
periodical repair of these fixtures should be carried out by the Public Works
Department and charged to the repair estimate of the building. All petty
repairs of fixtures and replacement of broken glass in doors and windows
required in the interval between the periodical repairs should be carried out
47
by the Government servant in occupation of the building (see Appendix 7 of
the Jharkhand Financial Rules, Volume II, and note 4 to rule 400 of the
Jharkhand Treasury Code, Volume I), and charged to his contingent
accounts. The Executive Engineer will not supply nor repair furniture,
screens, purdahs or tatties nor will he perform any duties specified above as
devolving on the departmental officer in charge. Furniture for new offices
may, however, is supplied by the Executive Engineer, and provided the cost
of such furniture is included in the estimates of the offices concerned. This
rule does not apply to furniture of travelers’ rest houses, staging bungalows,
or circuit houses, the outlay on the supply and repair of which will be treated
as charge on the Civil Department. For Public Works inspection bungalows,
the furniture should be supplied and repaired at the cost of the Public Works
Department.

(iii) Furniture in residences of high officials.

221. The administration of the furniture funds of the official residences of the
Governor including the upkeep of stock list and the purchase, repair and
maintenance of furniture, will be conducted by the Government servant
charged with these duties under rules issued by Government. The Executive
Engineer’s duty will be to satisfy himself that the furniture is being maintained
properly in good and serviceable order. It is important that the furniture
should not be allowed to deteriorate to an extent that will give rise to large
demands for renewals on change of incumbents. The detailed rules issued
by Government for the administration of the furniture funds of the official
residences of the Governor will be found in Appendix 10 of the Jharkhand
Financial Rules, Volume II.

(iv) Purchase and sale of Government Buildings.

(a) Purchase of Buildings.

222. No building may be purchased for public purposes without the orders of
the State Government, to whom a survey and valuation report by the
Executive Engineer of the division should, in all cases, be submitted.

(b) Sale and dismantlement of Buildings.

223. Permanent public buildings, whatever be their book value, constructed

from the State Funds may be sold or dismantled under the orders of the
State Government. The limit and conditions on which sale and
dismantlement may be conducted by officers of the Public Works Department
are regulated by special orders of delegation in this behalf.
Temporary buildings erected during the construction of work may, under the
sanction, previously obtained of the Superintending Engineer, be sold or
dismantled on the completion of the work or when the purpose for which
they were erected has been served. (For delegation of power under this
paragraph see chapter V.)

(v) Hire of office accommodation.

224. a) When no suitable Government building is available, private building

48
 may be hired for public purposes, the rent being paid by the public office
or department occupying it. When the building is entirely used for office
accommodation the rent is wholly chargeable to Government while
when it is partly used for office purposes and partly for residential
purposes by Government servants for whom residential accommodation
is not provided elsewhere the share of the rent payable by Government
will be proportionate to the floor area of the main building set aside
solely for office use on the following conditions :-
i) Government share will be sanctioned in respect of buildings not
owned by Government, on a certificate from the Executive Engineer to
the effect that no Government building is available for office purposes
and that no other suitable building can be hired for the office at a lower
rate of rent.
ii) The Executive Engineer shall certify that the building hired for office
purposes, does not provide more accommodation than what is
necessary on the basis of staff and other requirements of the office, and
that the accommodation set apart from residential purpose in the
building does not exceed the scale of accommodation to which the
Government servant concerned is entitled by virtue of his pay and
status.
iii) The State Government will pay their share of the rent after they
have fully satisfied themselves of the genuineness of the claim in each
case.
iv) Where the building is used for office-cum-residential purposes
Government have an absolute right to decide the appropriate amount of
space to be utilized for office purpose.
v) After the sanction of the apportionment of rent, the Government
servant concerned shall not keep in his private possession any portion
of hired building set apart for office purpose.
Powers of various authorities to sanction hire of office
accommodation are given in the special power of delegation in this
behalf. (See item 33 of Annexure A to Appendix 5 of the Jharkhand
Financial Rules, Volume II.)
(b)The municipal tax assessed on the annual value of buildings in which
office accommodation is provided, or on the land appertaining to them,
should be treated as separate from the rent. If it is the local rule or custom for
tax to be chargeable to the owner, the tax for the entire building will be paid
by Government, otherwise, the Government servant concerned should pay
the share of such tax corresponding with the share of the rent payable by
him and Government should be debited with the difference.
Heads of Department, Commissioners of Divisions and Deputy
Inspectors-General of Police may sanction the first payment of municipal or
cantonment taxes or any subsequent alteration in the taxes on Government
buildings whatever be their amount, provided that the assessment is
attested by the Executive Engineer or departmental officer concerned. The
rules regulating the payment of such taxes are contained in Appendix C.
Note – Before any claim for taxes on any property of the Government is
paid for, officers sanctioning the payment should satisfy themselves that the
claim has been legitimately preferred.

(vi) Renting of Buildings.

49
225. It is the duty of the Executive Engineer to endeavor to get tenants for
public buildings not immediately required for Government use. They should
generally be let from month to month, but a lease may be given with the
Chief Engineer’s sanction. A clause in the agreement should be added,
when necessary to enable the Executive Engineer to terminate the lease at
short notice in case the building is required by Government.

226. Public buildings let to private individuals should not be altered or

enlarged at Government expense to suit the tenant and persons occupying
public buildings on rent are prohibited from making any alterations even at
their own expense, except with the express concurrence of the Executive
Engineer. The fact of any additions or alterations being made by the tenant
confers no right of ownership on him, nor can the fact of the occupant having
made additions or alterations at his own expense be considered as giving
him any claim to a set-off or diminution of rent. These conditions should be
entered in the agreement or lease.

227. No public building in the charge of the Executive Engineer may be

occupied as a private residence without his consent, except under the orders
of his departmental superiors or of the State Government

228. On no account is any church, chapel, mosque, temple, tomb or other

building devoted to religious use, to be occupied as a dwelling house or for
any other purpose, without the consent of the persons interested and the
sanction of the principal Civil authority on the spot. (See also paragraph 140)

(vii) Sanitary, Water Supply and Electrical Installation.

229. All works and repairs in connection with sanitary, water supply and
electrical installations in government building should be carried out by or
through the agency of the Drinking Water and Sanitation and Energy
branches of the Public Works Department respectively, except in special
cases under the orders of the State Government. (See also rule 211 of the
Jharkhand Financial Rules, Volume I.)

(viii) Use of Government Building by Auxiliary force

230. Deleted

(ix) Inspection of Public Buildings.

231. Every public building should be carefully examined at least once in each
year by the Executive Engineer of the division and also, if possible by the
Superintending Engineer. If circumstances require it, their reports should be
brought to the notice of the State Government.

(x)Register and Plans of Buildings

(a) Register of Building

232. Each Superintending Engineer will keep a register of all buildings in

charge of the department within his Circle and each Executive Engineer, a
similar register of all the buildings within his division. In these registers, the
50
value of all land comprised in a property will be shown separately from the
value of building or buildings thereon, the value of each separate structure
being also shown separately. For a purchased property the price paid will be
apportioned between the various items comprising the property, e.g., land,
main building, servants’ quarters, compound wall, well, etc.
The capital value of any portion of the building which is abandoned or
dismantled without replacement should be written off the total capital value of
the building.

(b) Plans of Buildings.

233. In case of building and works borne on the books of the Public Works
Department, the Executive Engineer will be held responsible that plans of
such buildings are corrected on completion of any alterations.

B – Residence for Government Servants.

(i) General
234. Residences for public servants may be built or purchased by
Government :-
i) When it is the recognized duty or established custom of Government to do
so;
ii) When it is necessary on public grounds for the Government servant to
reside in or close to the locality in which his duties are performed;
iii) When it is necessary to provide residences in parts of country where no
civil station or cantonment exists, and where a lengthened term of
residence would render camp accommodation unsuitable, e.g. building
along lines of roads or canals, for the housing of officials employed on
their construction or maintenance;
iv) When it is shown to the satisfaction of the State Government that suitable
house accommodation for Government servants whose appointments
are permanent in respect of locality is not available in the vicinity or is
available only in circumstances which will be likely to place such
Government servants in an undesirable position in relation to house
proprietors.

(ii) Leasing
235. a) Before recommending the construction or purchase of a residence for
a Government official, local and departmental Government servants
should always consider whether the requisite accommodation cannot
more conveniently and economically be provided by taking an existing
building on lease for such a term and on such condition as may be
appropriate. No such lease can, however, be entered into without the
express sanction of the State Government. The present and future
incumbents for whom accommodation is leased shall pay rent and taxes
according to the rules prescribed in the relevant codes.
b) Leases should ordinarily provide that the lessor will execute all structural
repairs before the building is occupied and will carry out such
additions, alterations, and repairs as are necessary to render the
building habitable and suitable for the purpose for which it is required.
In the event of any addition or alteration to the building being made
subsequent to the signing of the lease at the request of the occupant

51
 and on Government expense, the consent of the owner must first be
obtained in writing unless the work is considered by the State
Government to be essential for sanitary reasons. The rent payable by
the occupant in such cases will be increased according to the
prescribed rules.
c) Capital expenditure under clause (b) should only be incurred when
absolutely necessary and should not ordinarily be incurred when such
expenditure is likely to increase the accommodation beyond the scale
considered appropriate to the status of the occupant. (See rule 131 of
the Jharkhand Service Code.)

(iii) Rent Rules for Government Buildings.

(a) General

236. Rules regulating the provision of residences, owned or taken on lease

by Government, to Government servants and assessment of rent thereof are
embodied in the Fundamental-cum-Supplementary Rules and the Jharkhand
Service Code.

(b) Rent recoverable from private person occupying Government

residences.

237. When any Government residential buildings is, under proper authority,
let to a private individual, rent should be regularly recovered for the same at
the rate prevailing in the locality for similar accommodation belonging to
private persons, but without the special permission of Government the rent
charged should not be less than the standard rent calculated in the manner
prescribed in the Jharkhand Service Code for non-Gazetted Government
servants who pay rent at a rate lower than 10 per cent of his monthly
emoluments.

(iv) Classification of residential buildings.

238. Subject to the provision of paragraph 2 of Appendix 2 to the Account

Code, Volume IV, the buildings for which Capital and Revenue Accounts
are required to be maintained should be grouped into two classes :-
Class I. – Buildings which will ordinarily be occupied by Government servants
liable to pay the full standard rent subject to the limit of 10 per cent of
their emoluments. [See Fundamental-cum-Supplementary Rules 45-A-
IV-(b) and 131 (b) of the Jharkhand Service Code.]
Class II. – Buildings from which recovery of the full standard rent is not
expected, i.e. buildings which will ordinarily be occupied by Government
servant who are entitled to accommodation rent free or at rents reduced
under the Fundamental-cum-Supplementary Rule 45-A-V and the
Jharkhand Service Code Rules 131(b) and 134.
Note – The fact that a building of class I is occasionally occupied by a
Government servant who is entitled to accommodation rent free, or at a
reduced rent, will not justify its removal from class I to class II and a
building in class II should not be transferred to class I just because it is

52
 occupied by a Government servant who may be required to pay rent in
accordance with the rules. Buildings should be transferred from one
class to the other only when there is a permanent change in the
conditions under which they will ordinarily be rented. Transfers should be
made only under the orders of Government and should have effect in all
cases from the commencement of the financial year.

(v) Remission of rent of residential buildings, rendered

uninhabitable due to extensive repairs or otherwise.

239. When a building is rendered uninhabitable by reason of extensive

repairs being in progress, or from any other cause, partial or total
remission of rent may be sanctioned by the State Government provided
that the occupant at once reports the circumstance to the Executive
Engineer. The Executive Engineer will at once inspect the building or
when this is impossible, will depute a responsible officer to do so and will
submit a full report of the inspection to the Superintending Engineer who
will take any action considered necessary and will then submit the case
with his recommendations to Government. Special responsibility for
avoiding delay attaches to cases in which an incoming tenant refuses to
enter into occupation on the plea that white washing or repairs are
necessary before he can do so.
Inconvenience caused by petty or ordinary annual repairs is insufficient
to warrant remission of rent, which should be granted only when
extensive structural repairs, justifying, in the opinion of the State
Government, the vacation of the Building, are carried out.
Note – Superintending Engineers have been authorized to sanction
remission of rent in respect of residential buildings allotted to officers who
are classed as second class or below for the purpose of traveling
allowance rules subject to the condition that the amount of rent remitted
in each case does not exceed Rs. 1000.

(vi) Inspection Bungalows.

240. Rules for occupation of the Public Works Department inspection

bungalows shall be as per terms and conditions laid down by the respective
branch of Public Works Department

CHAPTER IV.
MISCELLANEOUS RULES REGARDING OFFICE WORK
EXCLUDING ACCOUNTS PROCEDURE
A – Initial Records of Accounts.
241. The initial records upon which accounts of works are based are :-
a) The Muster Roll.
b) The Measurement Book.
For the work done by daily labour, the subordinate in charge of the work will
prepare a muster roll which will show the work done by this means and the
amount payable on this account. For piece-work and for contract work
generally, the measurement book will form the basis of account. From the
muster rolls, the subordinate will prepare the labour reports (see rule 256 of
the Jharkhand Financial Rules, Volume I), and from the measurement
53
 book, he will check (or, if so arranged, prepare) the bills and accounts of
contractors and suppliers.

(I) Muster Rolls

242. Nominal Muster Roll. – The nominal Muster Roll, T.C. Form 49
(Schedule XLV – 132), is the initial record of the labour employed each day
on a work and must be written up daily by the subordinate deputed for the
purpose (see also paragraphs 226 and 227 of the Bihar/Jharkhand Public
Works Account Code.)

243. Labour Reports. – For all large works or groups of works, labour reports,
in the prescribed form, will be submitted either daily or periodically as may
be directed by the Executive Engineer. They show the number of each
class of labourers employed on each work or sub-head. Discrepancies
between labour reports and muster rolls (T.C. Form 29, schedule XLV –
132) should be investigated as soon as the later are received after the
close of the month.

(II) Measurement Books.

244. The Measurement Book must be looked upon as a most important

record since it is the basis of all accounts of quantities, whether of work
done by daily labour, or by the piece or by contract, or of materials received
which have to be counted or measured. The description of the work must
be lucid so as to admit of easy identification and check. Detailed
measurements may be dispensed with in the case of periodical repairs
when the quantities are measured in properly maintained standard
measurement books. Detailed measurements may also be dispensed with
in cases in which payments on account for work actually executed are
made on the certificate of a responsible officer (not below the rank of
Assistant Engineer) to the effect that not less than the quantity of work paid
for has actually been done, and the officer granting such a certificate will be
held personally responsible for any over payment which may occur on the
work in consequence. Final payments may, however, in no case be made
without detailed measurements.
Similarly detailed measurements may be dispensed with in connection
with works done in lump sum and Turnkey contracts :-
i) In the case of an intermediate payment, if a certificate is given in the bill
by the Assistant Engineer when the payment does not exceed Rs. 1.25
lakh and by the Divisional Officer when it exceeds Rs. 1.25 lakh, to the
effect that by a rough measurement he has satisfied himself that the
value of work done is not less than specified amount in conformity with
the contract agreement, and that, with the exception of authorized
additions and alterations, the work has been done according to the
prescribed specification; and
ii) In the case of final payments, if a certificate of completion of the work
according to the prescribed specification is signed by the Divisional
Officer in the bill.
Detailed measurements must invariably be taken in respect of additions
and alterations.
Note – Rules regarding the maintenance of measurement books and the
54
 manner of making entries therein are found in paragraphs 230 and 231 of
the Bihar/Jharkhand Public Works Account Code.

245. The Superintending Engineer is required to see that measurement

books are carefully kept and measurements properly recorded, and that
they are complete records of the actual measurements of each kind of work
done for which certificates have been granted.

246. Assistant Engineer should be required to submit the measurement

books in use to the divisional office from time to time so that at least once a
year the entries recorded in each book may be subjected to a percentage
check by the Divisional Accountant under the supervision of the Divisional
Officer.
Note – Detailed rules for the check of measurement books are contained in
Appendix 6 of the Bihar/Jharkhand Public Works Account Code.

(III) Progress report of works.

247. Assistant Engineer and subordinates will furnish to the Executive

Engineer such progress reports of works and at such intervals as may be
defined by the department. It is the duty of the officer in charge of any work
to bring to notice any dilatoriness, bad works or anything militating against
the interests of Government on the part of any contractor or piece-worker
and he will be responsible for any neglect in this respect.

B – Custody of Cash.
(I) General.

248. Government money in custody of the department should be kept in

strong treasure chest secured by two locks of different patterns. All the keys
of the same lock must, except where the procedure in the Note below this
paragraph is adopted, be kept in the same person’s custody, and as a
General rule, the keys of one lock should be kept apart from keys of the
other lock, and in a different person’s custody whenever practicable. The
chest should never be opened unless both the custodians of the keys are
present. Where there is a guard, the daffadar or other petty officer of the
guard should usually be the custodian of one set of keys and he must always
be present when the chest is opened and until it is again locked. Whenever a
cashier is attached to a division or a subdivision, the keys of one of the locks
of the treasure chest will necessarily remain in his possession.

Note – The duplicate keys of the divisional and sub divisional chests may, at
the discretion of the Divisional Officer, be placed under his seal in the
custody of the Treasury Officer concerned. In the event of this practice being
adopted, a duplicate key register should be maintained and once a year in
each April, the keys should be sent for, examined and returned under fresh
seal to the Treasury Officer a note being made in the register that they have
been found correct.

(II) Responsibility of Government.

55
249. Gazetted Government servants, who are stationed at places where
there are no treasuries or sub-treasuries, may utilize the services of
barkandaz guards, if any, attached to their offices for the encashment of bills
relating to their personal claims, and Government will accept liability for any
loss caused by the act of the guard, if the gazetted Government servant is
not at the station where the money is drawn.
Note – Each case should be referred to the State Government for orders with
the full statement of the circumstances in which the loss occurred.

(III) Precautions to be observed for cashing or remitting of Government

Money from one office to another.

250. The employment of peons to fetch or carry money should be

discouraged. When it is absolutely necessary to employ an inferior
Government servant for this purpose, a man of some length of service
and proven trustworthiness should only be selected, and in all cases,
when the amount to be handled is large, appropriate security ensured for
the safety of the same.
Note 1– Money should invariably be sent in sealed bags, and as far as
possible, in iron chests. The guard should, under no circumstances, be
permitted to touch the money until delivered at its destination. Any
necessary expenses incurred by the guard should be from other funds
advanced by the head or Assistant Engineer as the case may be.
Note 2. – If the amount to be sent is Rs. 5 lakh or more, it must be sent at
different times, the second being forwarded after the arrival of the first
installment at its destination.

C- Cashier
251. Cashier may be appointed with the sanction of Government whenever
the cash transactions of a division or a subdivision are sufficiently extensive
to require it.

252. One cashier may make the cash payments of two or more subdivisions,
or throughout the whole division, wherever such an arrangement is found to
be practicable.

253. The Divisional Officer should count the cash in the hands of each
cashier at least once a month; or in the case of out-stations, he or the
Assistant Engineer should count it whenever he may visit them. The result of
such counting should be recorded in the form of a note in the Cash Book
showing the date of examination and the amount (in words) found.
D - Stores
(I) General.

254. The stores of the Public Works Department are divided into the
following classes, viz. –
i) Stock, or General stores, ii) Tools and plant, iii) Road metal and iv)
materials charged direct to works.
Unless there are orders to the contrary the officer in charge of a
subdivision will be responsible for all the stores belonging to it.
56
255. The Divisional Officer is responsible that proper arrangements are
made throughout his division for the custody of public property. He must be
careful to keep all tools and implements in efficient order, must protect
surplus stock from deterioration and must take proper precautions to prevent
the loss of public stores by fire.

256. Every officer is bound to take charge of departmental stores, which,

from the death or departure of the person lately in charge, or from any other
cause, may be left at, or near station without adequate protection.

(II) Acquisition of Store.

257. Purchase of stores. – Stores other than tools and plant. – Stock, road
metal and other materials required in ordinary course for the execution of
sanctioned works, may be procured on the responsibility of the Divisional
Officer without special authority, though the Superintending Engineer’s
approval should be obtained to the measure proposed for the purchase of
the stock in large quantities. If the stores are to be manufactured, a separate
estimate for their preparation may be required, as laid down in paragraph
261.
Note – Purchase of materials far in advance or far in excess of requirements
results in both direct and indirect losses to Government and should be
avoided.

257A. Procurement of store can also be made through e-procurement

process.

258. Tools and Plant. – The articles and accessories under the head “Tools
and Plant” can only be purchased or manufactured on estimates sanctioned
by competent authority with the exception of purchases or manufactures not
exceeding Rs. 25000 for which estimates are not required.

259. Indents. - Supply of articles required for the public service may be made
in prescribed Indent form.

260. Deleted

261. Manufacture. – The manufacture or collection of materials involving an

outlay of Rs. 2.5 lakh or upwards must in all cases, be covered by an
estimate showing the proposed outlay and the material to be received.

262. If the material for a work already duly sanctioned, or for reserve stock
within the sanctioned limit for the division, the estimate will merely require
the approval of the Superintending Engineer. In all other cases, the estimate
must be duly sanctioned by competent authority as though for an original
work.

57
 (III) Reserve of stock.
263. Reserve of stock will be maintained only when necessitated by the
remoteness of the division or works from the market or source of supply, or
for use in emergency. When it is considered necessary that reserve should
maintained the maximum limit will be fixed by the Chief Engineer. Divisional
Officers are empowered to purchase or manufacture stores to maintain the
reserve object to the approval or sanction to estimates, vide paragraphs
261 and 262.

264. The fixed maximum should be kept at the lowest point compatible with
efficiency, and the stock returns of divisions should be scrutinized carefully
by Superintending Engineers from time to time with reference to this point.

(IV) Stock-taking.

265. Divisional Officers should have stock-taking throughout their divisions

at least once a year. Important stores should, as a rule, be counted by a
member of the engineering establishment, but this duty may be entrusted to
a subordinate holding charge of a subdivision. The Superintending Engineer,
when he thinks proper, may depute an officer from one division to aid in the
stock-taking of another. Whenever it is possible, verification should be
entrusted to a Government servant independent of, and unconnected with
the staff responsible for the custody of the stores; it should also include a
certain amount of surprise check.

266. It is not necessary that all the stores of a division, or even of a

subdivision, should be checked and counted at the same time; and the
stock-taking may be arranged so as to go on gradually in the manner most
convenient. When the stocks of an article are scattered in a subdivision, it
may not be possible to test the aggregate book balance of any article for
subdivision by an actual verification of all the stocks of it at the same time. In
such cases, the various stocks of each article in charge of a Junior Engineer
should, as far as possible, be verified at or about the same time.

267. The procedure of verification outlined in the foregoing rules is suitable

primarily for divisions executing ordinary works. In the cases of special
stores, depots or divisions, or of construction divisions where there may be a
large concentration of stores, a continuous and periodical verification of
stores by an officer of the Audit Department should be arranged for
whenever possible in consultation with the Accountant-General.

268. The result of all verifications of stock should be reported to the

Divisional Officer for orders, but as soon as discrepancy is noticed, the book
balance must be set right by the verifying officer with a suitable remark.

269. All articles of stock (not including tools and plant) which are not likely to
be required during the following twelve months, should be reported to the
Divisional Officer, who will, if necessary, take the Superintending Engineer’s
orders as to their disposal.

58
 (V) Disposal of stores.

270. Loss of stores. – Unless specially authorized to write off finally the
irrecoverable value of stores, etc. Executive Engineers should, in case of any
robbery, loss or destruction by fire or otherwise of public stores, submit a
report to the Superintending Engineer who will, if necessary, report the
matter to the Chief Engineer for orders.

271. An immediate report of the loss of stores must also be made to the
police, and all proper steps taken for the recovery of the property. When an
enquiry is held either by the police authorities or others, the Executive
Engineer must, in cases where he is not himself authorized to write off the
value of the property, obtained and forward, as soon as possible, to the
Superintending Engineer a copy of the proceedings.

272. Sale of stores. – When the stock materials are sold to the public or
other departments (including State Railways) or are issued on account of
any work executed for them in workshops at their full value an addition of 10
per cent must be made to cover charges on account of supervision, over an
above the rate fixed under paragraphs 131 and 134 of the Bihar /Jharkhand
Public Works Account Code. This addition may, however, be waived by the
officer competent to sanction the sale in the case of surplus stock, which in
his opinion, would otherwise be unsaleable. (See paragraph 262 of the Bihar
/Jharkhand Public Works Account Code.)

273. Prevention of unnecessary accumulation of Stock, Tools and Plant-

Original Works. – (1) No materials shall be obtained, for original works
except to the extent necessary for each particular work. A strict observance
of this principle should not render any material surplus after the completion
of work. Should, however, for exceptional reasons, materials be found
surplus on the completion of a work, a statement of serviceable and
unserviceable materials should be prepared by the Executive Engineer and
submitted with a full explanation of the causes leading to the surplus to the
Superintending Engineer.
2)If the whole or any part of the serviceable materials is considered likely to
be of any use within one year for any work, whether original or repairs, it
should, with the approval of the Superintending Engineer, be brought on to
stock.
3)The rest of the materials which are not likely to be of any use within one
year shall, if they can be disposed of at not less than their full value, be
disposed of forthwith by the Executive Engineer, if however, they cannot be
disposed of at full value enquires shall be made from other Executive
Engineers in the same circle and from the Superintending Engineers of other
Circles as to whether any of the materials are likely to be required by the
Executive Engineers under them within one year. If they are not so required,
the materials may be sold at less than their full value by calling for sealed
tenders or by Public auction, with the previous sanction of the
Superintending Engineer. The gain or loss, as the case may be, shall be
credited or charged to work.
4) In order to see that serviceable materials taken to stock are utilized on
works at the earliest possible dates, provision should be made in future
contracts for the supply of all available materials from stock in accordance
59
with paragraph 261 of the Bihar /Jharkhand Works Account Code.
Note – The expression “full value” occurring in the above rule shall be taken
to include railway freight, storing charges, etc.

274. Dismantled materials. – When any Public Works Department building is

dismantled or partially dismantled, serviceable materials which it may be
possible to utilize within one year shall, with the approval of the
Superintending Engineer, be brought on to stock and utilized in the manner
indicated in paragraph 273. Unserviceable materials shall not be brought to
stock. If the value of such unserviceable materials as estimated by the
Executive Engineer after dismantlement be not more than Rs. 25000 they
should be disposed of immediately by the Executive Engineer, by selling them
by public auction. Otherwise the Superintending Engineer’s prior sanction to
their disposal must be obtained.

275. Repairs. – Materials required for maintenance and repairs to works shall
be indented for by the Assistant Engineer to the extent that can be
consumed within a year. Executive Engineers will be held personally
responsible for the strict observance of this rule. Unless such materials can
be straightway made over for specific repair works, they should be brought
on to stock.

276. Unused stock. – When submitting his second half-yearly return of stock,
the Assistant Engineer shall submit a list of items for which there have been
no transactions for the last two years. The Executive Engineer shall obtain
the orders of the Superintending Engineer as to the disposal of such
materials. The Superintending Engineer should make every attempt to obtain
the utilization of this stock by other Executive Engineers in his own or other
circles and if they cannot be so-disposed of, order them to be sold.

277. Tools and Plant. – When submitting their annual return of tools and
plant the Assistant Engineer shall submit a list of all tools that have not been
used for two years and of plant that has not been used for three years, and
the Executive Engineer shall obtain the orders of the Superintending
Engineer regarding their disposal. The Superintending Engineer shall
ascertain whether these tools and plant are required in any other circle, and
if not, sanction their sale by calling for sealed tenders or by public auction
(with reserve price) whichever is more likely to obtain the better price. Where
neither method is likely to fetch a good price, a private sale may be accepted
with previous permission of the Superintending Engineer, who will satisfy
himself as to the adequacy of the offer before according his permission.
Before any new tools and plant are indented for by any Executive engineer,
he must ascertain from the Superintending Engineer whether they can be
made available from other circles.

278. Surplus and unserviceable stores. – When stores (including tools and
plant) of any kind become unserviceable a report thereof must be made in
the Survey Report Form; this should be done at once on discovery of the fact
as it is desirable to avoid keeping worthless materials on stock. In the report
all proper explanation must be given, and the period during which the articles
have been in store or in use, and the cause of deterioration, stated.

60
279. Except as provided in paragraph 294III (iv) no public stores may be sold
otherwise than by public auction without the permission of the
Superintending Engineer. Commission, which should ordinarily not exceed 5
per cent, may be allowed to the auctioneer, not being a departmental
subordinate, but not commission can be allowed on private sale.

Note. – The Divisional Officer can, however, dispose of by public auction

without the prior sanction of the Superintending Engineer, unserviceable
dismantled materials up to a value of Rs 25000 vide paragraph 274.

280. a) Hire of tools and plant. –Provisions regarding hire and other charges
in respect of tools and plant lent to local bodies, contractors or others
shall be as per guidelines issued by the respective branch of the Public
Works Department.
b) To facilitate easy availability of tools, plants, equipments, machineries
and materials, the department may make such arrangements as per
guidelines laid down from time to time.

(VI) Mathematical Instruments.

281. All new instruments required for the Department which have been
provided in the sanctioned estimate, should be duly procured as per
guidelines laid down by the department.

282. Deleted

283. Deleted

284. Divisional officers should see that instruments are not stocked in excess
of requirements and that old obsolete stock is disposed of to the best
advantage of Government vide also paragraphs 278 and 279.

E- Store Keeper.

285. When the stores are sufficiently extensive to require it, a store-keeper
will be appointed to take charge of them. The store-keeper will have nothing
to do with the disbursement of cash, the supply of materials or the
preparation of bills. His duties will primarily include custody, preservation
and issue of the stores under his charge, and to keeping the required
returns relating to them.

F – Rules for Divisional Workshops.

286. Large workshops with special plant or machinery should be treated as

separate subdivisions or divisions.

61
287. No work is to be undertaken in workshops of the department other than
work required for the various branches of the department, except under the
order of Government.

288. No work should be undertaken for municipalities or corporation or

private parties before the whole estimated cost, including all charges for
supervision, profit, etc., that may be leviable under rules for the time being in
force, has been paid, to the Divisional Officer, or into the treasury to be
credited to the Consolidated Fund of the State under the head of account
concerned.
This rule may be relaxed at the discretion of the Divisional Officer or
Superintendent of Workshop in the case of Government servant in whose
case the full recovery is not open to doubt. In such cases, a rough estimate
of the probable cost must be prepared in advance and the Government
servant concerned is required to give an undertaking that he agrees to pay
the actual charges in full on completion of the work. The full expenditure
incurred should be realized in cash from the Government servant in the
following month. In the event of non-payment, it must be deducted from his
pay and allowance for the next following month. In all cases, prior to work
being put in hand an undertaking should be procured from the party
concerned that it will not hold the department responsible for loss by fire or
theft or any other factor which could not be foreseen when the estimate was
prepared. In cases where it is found that the original estimate is likely to be
exceeded appreciably, a revised estimate should be prepared and the
procedure outlined above adopted.
Note. – For the purpose of the rule in this paragraph, the amount due on
account of expenditure, incurred by Government on behalf of the
Government servant may be recovered in accordance with rule 299 of
the Jharkhand Treasury Code, Volume I.

G – Transfer of Charges.

289. Rules regarding transfer of charge by Divisional and Assistant Engineer

and by Divisional Accountants are given in Chapter XXIII of the Bihar
/Jharkhand Public Works Accounts Code.

CHAPTER V.
POWERS OF SANCTION OF STATE GOVERNMENT AND OF
OFFICERS OF THE PUBLIC WORKS DEPARTMENT
A – General.

Fundamental Conditions.

290. The powers of Public Works Officers in respect of Public Works

expenditure other than on establishment are detailed in this Chapter.
Subject to provision of article 166 (3) of the Constitution of India, the
Governor has full power to delegate such powers, upon such conditions
as he may think fit, to any officer subordinate to him. The powers
delegated to various subordinate authorities to sanction expenditure upon
works are laid down in the Jharkhand Financial Rules, the Compendium
62
 of Financial Delegations and other specific orders of delegations issued
by Government from time to time.

291. The essential conditions which must be fulfilled before the

commencement of the execution of any Public Works are stated in
paragraph 130.
(i) The departmental tender committee under the chairmanship of
Engineer-in-chief with the Chief Engineer of the concerned zone and
Internal Financial Advisor as the members shall be vested with the
powers to decide all tenders above Rs. 2.5 crores.
(ii) The departmental tender committee shall be vested with the powers to
decide all tenders for which power has not been given to any other
authority in this code.
(iii) No excess expenditure shall be admissible for any repair & maintenance
work above the estimated cost
(iv) Award of work on nomination basis- In situations of emergency such as
earthquake, fire, disruption in communication/trunk routes/ Urban Water
Supply/ Power Transmission etc and visit of Dignitaries, works may be
awarded on nomination with the approval of the Department up to a
total of Rs. 50 (fifty) lacs in a year.

B-Powers of Engineer-in-chief

291A. The following powers have been delegated to the Engineer-in-Chief :-

Nature of power Limits of Power

1. Technical Full Power to take decision in any
technical matter
2. (i) Contracts and Tender Committee headed by
Tenders Engineer-in-Chief has full powers for
the works above Rs. 2.50 crores
3. Establishment
(i) Appointment of Full powers within the conditions laid
Junior Engineer down in Appointment Rules
(ii) Transfer and
Posting of Junior Full Powers
Engineers.
(iii) Transfer and
Posting of class III
and IV staffs Full Powers
4. Engagement of
Consultants Full powers
5. To alter the time In contracts approved by the
limit and to remit or Departmental Tender Committee-
reduce the penalty Full powers in Contracts where
provided in all extension required is up to 50% of the
agreements or time period defined in the Contract.
contract.
Matters where Extension of Time (EoT)
63
 Required is more than 50% of the time
period defined in the Contract shall be
referred to a Committee headed by
Departmental Secretary whose other
members would be Engineer-in-Chief,
Internal Financial Advisor & the
concerned Chief Engineer

64
 C- POWERS OF CHIEF ENGINEERS.
292. The following powers have been delegated to the Chief Engineers :-
Nature of powers. Limit of Powers. Remarks.
1 2 3
1. Sanction to estimates. Original works other than
Administrative Approval individual projects of water
supply and sanitary and electric
installations.

To accord Administrative A – Non-residential buildings.

Approval to estimates for (i) Rs. 70000 for such non-
projects or work. residential buildings belonging
to the Department the cost of
which is debitable to the public
works Grant.
(ii) Rs. 35000 for such
miscellaneous works
belonging to this Department
the cost of which is inclusive
of Water-Supply, Works Grant, Chief Engineer
electrical installations. concerned
(iii) Rs.70000 for
communication works.
Note (i) Power delegated is
inclusive of Water Supply,
Sanitary and Electrical
installations where such
works form part of the main
buildings project.
ii) Communication Works
includes works on roadside
Inspection Bungalows, Rent
Houses, etc.
iii) Power delegated will not
apply to works on the following
non-residential buildings :-

a) Secretariat building of the

state government.
b) Legislature building
c)Buildings used for residential
purpose but are classified as
non-residential, e.g., police
barracks, etc.
(iv) Government in the
Public Works Department will
accord administrative
approval to all works relating
to buildings mentioned at (iii)
(a) and (b). As regards works
relating to the buildings
mentioned at (iii) (c)
administrative approval will be
accorded by the Government
in the Administrative
65
 Department concerned.
i) 4701-Works for which
Capital and Revenue
accounts are kept – Works
chargeable to Capital
Account – Rs. 70000
ii) 0702-Works for which
Capital and Revenue
Accounts are kept –
Extensions & Improvements
– Rs. 70000.
iii) 4701 – Works for which
Capital and Revenue
Accounts are not kept.
a)Original Works – Extensions
and Improvements – Rs.
70000.
b) Miscellaneous
expenditure – Rs.35000 in
each case.
Chief Engineer,
Subject to the conditions that concerned
these powers should not be
exercised unless there is
budget provision specifically
made for the purpose and the
expenditure is non-recurring.
(Limits fixed are exclusive of
percentage charges for
Establishment, Tools and
Plant.)

B – Residential buildings.
Rs. 50000 for residential
buildings, occupied by officers
of his own Department the cost
of which is debitable to the
Public works Grant, subject to Chief Engineer,
the proviso that the standard concerned
rent of the buildings calculated
under Fundamental Rules or
Jharkhand Service Code Rules
as the case may be, shall not
exceed 10 per cent of the
average emoluments of the
class of tenants for whom it is
intended and subject to the
further proviso that the projects
conform to the type plants duly
approved by Government.
Note 1. – Power delegated is
66
inclusive of Water Supply,
Sanitary and Electrical
installations where such works
are parts of the main building
projects.
Note 2. – Power delegated will
not apply to any new work and
also of works of addition or
alteration to existing residential
buildings and quarters
occupied free of rent.
Note 3. – Government in the
Public Works Department will
accord Administrative Approval
to the projects relating to –
a) residences at Ranchi
b) Chambers, quarters, flats
(including legislatures’
(Club), etc., meant for the
members of Legislature,
Ranchi.
c) Residences at Ranchi
intended for occupation by
Ministers, the gazetted
officers of the Secretariat,
and the Heads of
Departments and the
gazetted officers attached to
their offices.
d) Clerks’ quarters at Ranchi
intended for occupation by
the ministerial staff
accompanying Government
and Heads of Department to
Ranchi.
Individual projects of water-
supply, sanitary and electric
installations.
C – Non-residential Buildings.
For additions, improvements
and alteration to existing
Water-Supply, sanitary &
Electrical installations :-
a) Rs. 35000 for Water-Supply
or Sanitary installation.
b) Rs. 15000 for Electrical
installation.
Subject to the proviso that such
additions or alterations are in
accordance with the scale and
type fixed by the Government,
for a particular class of
buildings and where no such
scale and type have been fixed
it should be certified by the
estimating officers concerned
67
that the proposed works of
addition, improvement and
alteration are not in excess of
the need for the class of
buildings to which work relates.
Note 1. – Outlay on the first
installation of Water-Supply,
Sanitary and Electrical Works
in a building will require the
sanction of Government.
Note 2. – Power delegated will
apply to those non-residential
buildings only the cost of which
is debitable to the Public Works
Grant.
Note 3. – Power delegated will
not apply to non-residential
buildings mentioned in Note
iii)(c) under item no. I-A.
D – Residential Buildings.
For additions, improvements
and alterations to the existing
water-supply, sanitary and
electrical installations including
outhouses :-
a) Rs. 25000 for Water-Supply
or Sanitary installation.
b) Rs. 10000 for Electric
installation.
Subject to the condition (a) that
the standard rent of the
buildings calculated under
Fundamental Rules or
Jharkhand Service Code
Rules, as the case may be,
shall not exceed 10 per cent of
the average emoluments of the
class of tenants for whom it is
intended; (b) that such
additions, improvements and
alterations are in accordance
with the scale and type fixed by
Government for a particular
class of buildings, and (c)
where no such scale and type
have been fixed, it should be
certified by the estimating
officers that the proposed work
is not in excess of the need for
the class of buildings to which
the work relates.
Note 1. – Outlay on the first
installation of Water-Supply,
Sanitary and Electrical works
will require the sanction of
Government.
Note 2. – Powers delegated
68
 will apply to works on those
residential buildings only, the
cost of which is debitable to the
Public Works Grant.
Note 3. – Powers delegated
will not apply to residential
buildings mentioned in Notes 2
and 3 under item no. I-B.
II. Alteration in Design To sanction necessary
alteration in the constructive
details of works during their
execution provided such
alterations do not cause an
increase of charge beyond the
limit of his powers to deal finally
with excess over estimates.
III. Allotment of funds.
i) To allot funds from Up to Rs. 20,000 subject to the
the reserve placed at condition that the reasons
his disposal for losses should be reported in writing to
on stock. the Public Works Department,
Finance Department and the
Accountant-General,
Jharkhand.

ii) Transfer of saving :- Full power subject to the

a) To transfer savings condition that the order of the
from any one portion of department should be obtained
the project to another in case of a material departure
within the sanctioned from the approved estimate.
estimate in the case of
projects of Civil Works
sanctioned by
Government

b) To transfer savings Full power subject to the

from any one portion of condition that the order of the
the project to another department is obtained prior to
which is not provided in the sanction
the sanctioned estimate
but is necessary for that
particular project
IV. Technical Approval,
Technical sanction and
approval of BOQ.

Full powers. In case of Amount of the

i) To accord Technical irrigation projects, however, the Administrative
Sanction /Technical Chief Engineer can accord Approval will be the
Approval to estimates technical sanction to detailed guiding factor for
for works including working estimates against the limitation of financial
Electric Works sanctioned provision under Power.
(original and each head, after Administrative
supplementary), Approval to it has been
survey, Investigation accorded by the competent
and Testing) & authority provided that
Approval of BOQ. whenever any modification is
69
 proposed in the details of the
scheme involving a departure
from the approved design or
the alteration of the other parts
of the scheme or affecting the
standard of efficiency or
stability of the whole work, he
should move the State
Government to accord or obtain
fresh administrative approval.
Note – These powers apply to
Deposit Works also.

ii) To sanction
estimates technically for Full powers
land required for
construction of
buildings.
iii) To sanction
estimates for ordinary Ditto.
repairs.
iv) To sanction
estimates for special Ditto.
repairs.

(v) To prescribe lump Up to a limit of Rs. 25000 in Chief Engineer

sum provision for annual each case where cost of such concerned
repairs to electric annual ordinary repairs is less
installation in civil than Rs. 25000, subject to
buildings. revision from time to time.
Within this amount the
expenditure will be permissible
year after year without any
detailed estimate being
prepared and when the above
limit is exceeded in any working
year, detailed estimates will
have to be prepared according
to ordinary rules and got
sanctioned by the competent
authority.
(vi) To sanction (a) a) Up to Rs. 150000 Subject to the
estimates for losses due condition that the
to depreciation of stock reasons should be
or due to rejection in the recorded in writing to
rates of prices of stock, the Public Works
or (b) due to disposal of b) Up to Rs. 150000 Department, Finance
all unserviceable stores, Department, and the
etc. Accountant-General,
Jharkhand
V. Disposal of stores. i) Full powers subject to the
i) To declare any stores condition that reasons
(including stock, tools should be recorded and
and plant materials communicated to the Public
received from works Works Department, Finance
dismantled or Department and the
undergoing repairs) Accountant-General,
as surplus and Jharkhand
70
 unserviceable and to
issue order for the
disposal by public
auction or otherwise
of these stores.
ii) To sanction the write
off of the ii) Full powers – subject to the
irrecoverable loss due condition that the reasons
to the disposal of the should be reported in writing
surplus, stores by to the Public Works
public auction or Department, Finance
otherwise. Department and the
Accountant-General,
Jharkhand
iii) To remit the
supervision charge of iii) Full powers.
10 p.c. in the case of
sale of surplus stores
when considered to
be unsaleable.
VI. Excess over
estimates.

i) To pass excess over To pass all excess of not more subject

estimates sanctioned than 20 per cent of the
by themselves or to permissible limit
amounts of original estimates
higher authority. sanctioned by him or by a of Administrative
higher authority. Approval

ii) To pass excess Up to a limit of Rs. 10000 in

expenditure on all respect of the total of the
other works. sanctioned estimates.
iii) To pass excess over Full powers – subject to the
annual repair provision that total expenditure
estimates. under the primary unit repairs
including the excess is within
the available grant.
VII. Contingencies in the
estimate for a work.
To divert provision for Up to Rs. 75000
contingencies in an
estimate to new works
or repair and provided
there in but fairly
contingent on the proper
completion of work.
VIII. Tools and Plants.
i) to sanction the Full powers within the limits
purchase, assigned in the budget
manufacture and estimates.
repair of Tools,Plant
and accessories other
than office furniture,
live stock and tents.
ii) To sanction the Full powers within the limits
71
 purchase, assigned in the budget
manufacture and estimates.
repair of office
furniture.
iii) Tents.
Full powers within the limits
To sanction the assigned in the budget
purchase, manufacture estimates.
or repair of tents.

iv) Stock limit. The stock limit

Full powers
To sanction the stock shall not exceed
limit for each division
and for its reduction. the requirement for
6 months
IX. Compensation.
To sanction estimate for Up to Rs. 10000 Chief Engineer,
compensation for crops concerned
destroyed by breaches
of canals.
X. Law suits.
To sanction law suits. May sanction expenditure on
account of law charges as
prescribed by the finance
department from time to time

XI. Rent of Buildings. May sanction within the limit of

To sanction rent of budget provision as prescribed
buildings used as office. by the finance department from
time to time.

XII. Sale or
Dismantlement of
Buildings.
To sanction disposal or
demolition of public Up to book value of Rs.75000
buildings (other than subject to the following
residential buildings) restrictions :-
and inspection 1) Whenever he sanctions the
bungalows constructed sale of a building he should
from public funds. communicate the order to
the Collector, take necessary
action to sell lands and
buildings together.
2) No buildings should be sold
unless it has been previously
ascertained that it is not
required by any Department
of Government and approval
of Collector should be
obtained before any building
is ordered to be sold.
3) No building should be
demolished unless it is in a
dangerous condition or
72
 beyond repairs.
i) Power should not extend
to the sale or
dismantlement of several
individual buildings
situated in a compound
the total cost of which
exceeds Rs. 75000
ii) When it is proposed to sell
or dismantle a portion of
the building, the value of
entire building and not of
the portion should be
taken into consideration.
XIII. Write off of Losses.
i) To sanction the write Full powers.
off of lost
measurement books
including the standard
measurement books.
ii) To sanction the write Full powers.
off of the lost receipt
books.

iii) To write off

irrecoverable sum of Up to Rs. 3500 in each case
public money lost subject to the condition.
through fraud or i) To declare any stores
negligence of disclosing a defect of system,
individuals or by other the amendment of which
causes. requires the orders of
Government, and (ii) that there
has not been any serious
negligence on the part of same
individual officer or officers
which might possibly call for
disciplinary action requiring the
orders of higher authority (see
rule 63 of the Jharkhand
Financial Rules).
iv) To sanction the write
off of irrecoverable Up to Rs. 3500 in each case
value of all classes of subject to the condition (i) that
stores lost, destroyed the loss does not disclose a
or damaged through defect of system, the
fraud or negligence of amendment of which requires
individuals or by other the orders of Government and
causes. (ii) that there has not been any
serious negligence on the part
of some individual officer or
officers which might possibly
call for disciplinary action
requiring the orders of higher
authority (see rule 63 of
Jharkhand Financial Rules).
XIV. Contribution Works.
To authorize
73
undertaking of Up to Rs. 75000
contribution works or excluding Departmental
deposit works. charges.
XV. Statement of
objections Full powers to dispose of
To dispose of half-yearly statement of objections in the
statement of items held case of accounts of the
under objection. Division, provided no financial
rules are infringed.
XVI. Contracts and
Tenders.
i) Power to accept up to 2.5 crores beyond which
tenders. power vests in a committee
chaired by the Engineer-in-
chief

ii) To alter the time limit

and to remit or reduce Full powers except in case of Extension of Time
the penalty provided those entered into by higher (EOT)- In contracts
in all agreements or authority approved by the
contract. Chief Engineer- Full
powers where
extension of time
(EoT) required is up
to 25% of the time
period defined in the
contract. Engineer-
in-Chief shall be
competent for grant
of EoT for period
beyond 25 % & up to
50%. Matters
beyond 50% shall be
referred to a
Committee headed
by departmental
Secretary whose
other members
would be EIC ,
Internal Financial
Advisor & the
concerned Chief
Engineer.
XVII Classes of deeds,
etc.
i) All instruments
relating to purchase,
supply and
conveyance or
carriage of materials,
stores, machinery,
etc.
ii) All instruments relating
to the execution of
works of all kinds,
connected with
buildings, tanks,
74
 reservoirs, docks and
harbours, and
embankments and
also instruments
relating to the
construction of
waterworks, sewage
works, the erection of
machinery, and the
working of coal mines.
iii) Security bonds
for the due
Chief Engineer
performance and
Full powers. concerned.
completion of works.
iv) Security bonds for
the due performance
of their duties by
Government
servants whom the
officers specified
have power to
appoint.
v) Leases for grazing
cattle on canal
banks or roadsides,
for fishing in canals,
for the cultivation of
land under the
Irrigation
Department, lease of
water for irrigation
and other purposes
and leases of water
power and
instruments, relating
to the sale of grass,
trees or other
produce on road
side or in
plantations.
vi) Leases of houses,
lands or other
immovable property
provided the rent
reserved shall not
exceed Rs. 5,000 a
month.
vii) All instruments
connected with the
recovery of property
given as security.
viii) Instruments
connected with the
collection or framing
of tolls at bridges or
ferries or other
means of
communication
75
 provided by the State
Government.
ix) Agreements for the
recovery of fines on
account of drift wood
or other timber
passing into a canal.
XVIII Purchase of Full Powers
Books,Periodicals, maps
and other
Publications,quality
control laboratory
equipments and other
field instruments
XIX Printing of Forms Upto Rs 25000
and Stationary in Private
Press
XX Approval of Excess Maximum up to 25% beyond subject to
beyond Agreement agreement amount which will permissible limit of
Amount be inclusive of claim or due to Administrative
supplementary agreement Approval
XXI To sanction up to Rs. 10 lakhs for each Subject to the
execution of work works circle/year within his condition that the
departmentally jurisdiction. reason should be
reported in writing
to the department
within 15 days of
such order

D – POWERS OF SUPERINTENDING ENGINEERS

293. The following powers have been delegated to the Superintending Engineers

Nature of powers. Limit of Powers. Remarks.

1 2 3
I. Sanction to estimates, Original works other than
Administrative individual project of water
Approval. supply and sanitary and
To accord electrical installations.
Administrative Approval
to estimate for projects A. Non-residential buildings.
or works.
i) Rs. 35000 for non-residential
buildings belonging to his
Department the cost of which
is debitable to the Public
Works Grant.
ii) Rs. 20000 for Superintending
miscellaneous works Engineers concerned
belonging to his Department
the cost of which id debitable
to the Public Works Grant.

iii) Rs. 35000 for

76
 communication works.
Note – i) Power delegated is
inclusive of Water Supply,
Sanitary and Electrical
installations where such works
form part of the main buildings
project.
(ii) Communication works
include works on roadside.
Inspection Bungalows,
Rest Houses, etc.
(iii) Power delegated will not
apply to works on the
followings non-residential
buildings :-
a) Secretariat building of the
state government
b) Legislature building
c) Buildings used for
residential purpose but are
classified as non-residential,
e.g., police barracks,
hospitals, peons’ barracks,
etc.
(iv) Government in Public
Works Department will accord
Administrative Approval to all
works relating to buildings
mentioned at (iii) (a) and (b).
As regards works relating to
the buildings mentioned at (iii)
(c) Administrative Approval will
be accorded by Government in
the administrative department
concerned.

B - Residential Buildings.
Rs. 35000 for residential
buildings, occupied by officers
of his own department the cost
of which is debitable to the
Public Works Grant, subject to
the proviso that the standard
rent of the buildings calculated
under Fundamental Rules, or
Jharkhand Service Code
Rules, as the case may be
shall not exceed 10 per cent of
the average emoluments of
the class of tenants for whom
it is intended and subject to
the further proviso that the
projects conform to the type
plans duly approved by
Government.
Note 1 – Power delegated is
inclusive of water-supply,
77
Sanitary and Electrical
installation where such works
are parts of he main buildings
projects.
Note 2 – Power delegated will
not apply to any new work and
also of works of additions or
alteration to existing residential
buildings and quarters
occupied free of rent.
Note 3 – Government in the
Public Works Department, will
accord administrative Approval
to the projects relating to : -
a) Residences at Ranchi
b) Chambers, quarters, flats
(including Legislature’s
club), etc., meant for the
members of Legislature at
Ranchi
c) Residences at Ranchi
intended for occupation by
Ministers, the gazetted
officers of the Secretariat,
and the Heads of
Departments and the
gazetted officers attached to
their officers.
d) Clerks’ quarters at
Ranchi intended for
occupation by the
ministerial staff
accompanying Government
and Heads of Departments
to Ranchi.
Individual projects of water
supply, sanitary and electric
Installations.
C – Non – residential
buildings.
For additions, improvements
and alterations to existing
Water Supply, Sanitary and
Electric Installations –
a) Rs. 20000 for Water Supply
or Sanitary installation;
b) Rs. 10000 for Electric
installation.
Subject to the proviso that
such addition or alteration is in
accordance with the scale and
type fixed by the Government,
for a particular class of
buildings and where no such
scale and type have been
fixed it should be certified by
78
the estimating officers
concerned that the proposed
works of addition,
improvement and alteration
are not in excess of the need
for the class of building to
which the work relates.
Note 1 – Outlay on the first
installation of Water supply,
Sanitary and Electrical works
in a building will require the
sanction of government.
Note 2 – Power delegated will
apply to those non-residential
buildings only the cost of
which is debitable to the Public
Works Grant.
Note 3 – Power degated will
not apply to non-residential
buildings mentioned in Note
(iii) (c)under item no. 1-A.
D – Residential buildings.
For additions, improvements
and alterations to the existing
Water Supply, Sanitary and
Electrical Installations in
residential buildings including
out-houses –
a) Rs. 10000 for Water Supply
or Sanitary installation;
b) Rs. 5000 for Electrical
installation.
Subject to the condition (a)
that the standard rent of the
buildings calculated under
Fundamental Rules or
Jharkhand Service Code
Rules, as the case may be,
shall not exceed 10 per cent of
the average emoluments of
the class of tenants for whom
it is intended; (b) that such
additions, improvements and
alterations are in accordance
with the scale and type fixed
by Government for a particular
class of buildings; and (c)
where no such scale and type
have been fixed, it should be
certified by the estimating
officers that the proposed work
is not in excess of the need for
the class or Buildings to which
the work relates.
Note 1 – Outlay on the first
installation of Water Supply,
Sanitary and Electrical Works
79
 will require the sanction of
government.
Note 2 – Powers delegated
will apply to Works in those
residential buildings only, the
cost of which is debitable to
the Public Works Grant.
Note 3 – Powers delegated
will not apply to residential
buildings mentioned in Note 2
under item no. I-B.
II – Alteration in design. The sanction necessary
alteration in the constructive
details of works during their
execution provided such
alterations do not cause an
increase of charge beyond the
limit of his powers to deal
finally with excess over
estimates.
III – Technical Approval,
Technical Sanction and
approval of BOQ
i) To accord technical
sanction / Technical Rs. 50 Lakhs for each work, Amount of
Approval to estimates provided that Administrative Administrative
for works including Approval or sanction has been Approval will be the
Electrical Works accorded by the competent guiding factor for
(original and authority. limitations of financial
supplementary) & Note 1 – The above limit power``
Approval of BOQ excludes departmental
charges.
Note 2 – The above limit apply
to Deposit Works also.

ii)To sanction estimates

for ordinary repairs. Within the limits assigned to
his circle in the budget
estimate.

iii)To sanction estimates Ditto.

for special repairs.

iv)To prescribe lump

sum provision for annual Up to Rs. 15000 for each case
repairs. (excluding municipal tax).

v)To prescribe lump Up to a limit of Rs 15000 in

sum provision for annual each case where cost of such
repairs to Electrical annual ordinary repairs is less
Installation in Civil than Rs 15000 subject to
buildings. revision from time to time.
Within this amount the
expenditure will be permissible
year after year without any
80
 detailed estimate being
prepared and when the above
limit is exceeded in any
working year, detailed
estimates will have to be
prepared according to ordinary
rules and got sanctioned by
the competent authority.

vi)Periodical repairs : - Full Powers.

To authorize
commencement of
urgent periodical repairs
in anticipation of formal
sanction of estimates. Full Powers.
vii)Emergent repairs :-
To sanction emergent
repairs to work to any
reasonable and
necessary amount in
case of imminent danger
to the structure.

viii)To sanction estimate

for (a) losses due to Up to Rs. 70000 subject to the
depreciation of stock or condition that the reasons
due to reduction in the should be reported in writing to
rates of prices of stock the Chief Engineer and the
or (b) due to disposal of Accountant-General,
unserviceable stores, Jharkhand
etc.
ix) To sanction estimate
for survey ,investigation Full power
and Testing including
approval of Alignment.
IV– Disposal of stores.
i) To issue orders for Full Powers.
the disposal of all
unserviceable stores
including stock and
Tools and Plant
materials at site or work,
materials received from
works dismantled or
undergoing repairs and
to sanction their write off
where necessary.
ii) To sanction the write
Full Powers.
off of the irrecoverable
value of unserviceable
stores mentioned in item
(i) above.
iii) To issue orders for
Rs. 75000 in each case,
the disposal of surplus
subject to the condition that
81
stores including stock reasons should be recorded
and Tools and Plant and communicated to the
materials at site of Chief Engineer and the
works and to sanction Accountant-General,
their write off where Jharkhand.
necessary. [Note – In the case of Tools
and Plant, where the book
value cannot be ascertained,
the estimated value should be
taken into account.]

iv) To sanction the write Rs. 7000 in each case.

off of the loss from the
book value of surplus
stores mentioned in item
(iii) above, that is, the
difference between, the
book value of articles
and the amount realized
by their disposal.
v) To sanction the write Limited to 20 percent of the
off of the irrecoverable book or estimated value,
loss of the surplus subject to the condition that
materials exceeding the the reasons should be
book or estimated value reported in writing to the Chief
of Rs. 75000 Engineer and the Accountant-
General, Jharkhand

vi) To sanction the issue

or sale of any materials Full Powers.
from store yards to
private persons or other
Departments (including
State Railways) for full
value including
supervision charge of 10
per cent when this can
be done without
inconvenience to the
Public service.
vii) To remit the
supervision charges of
10 per cent in the case Full Powers.
of sale of surplus stores
when the sale is
sanctioned by himself
and when in his opinion,
the sale would otherwise
be unsaleable.
V– Excess over
Estimate.
i) To pass excess over To pass all excesses of not subject to permissible
estimates sanctioned by more than 20 per cent of the limit of Administrative
themselves or higher amount on original estimates Approval

82
authority. sanctioned by himself or
higher authority provided that
the total amount of the excess
is within the limit of his powers
to sanction estimates
technically.
ii) To pass excess To pass all excess expenditure
expenditure on all other within a limit of Rs. 5000 on
works. sanctioned original works and
repairs irrespective of the total
amount of the sanctioned
estimate.
[Note – Superintending
Engineer has no power to
sanction any excess over a
revised estimate sanctioned by
higher authority]
VI – Contingencies in Up to Rs. 35000 subject to the
the estimate for a work. condition laid down as follows
:-
To divert provision for 1) If the amount provided
contingencies in an under the head
estimate to new works “Contingencies” in an estimate
or repairs not provided is either expended or
therein but fairly earmarked, no further new
contingent on the proper works or repairs should be
completion of works. sanctioned till fund for such
works or repairs are allotted.
2) No works or repairs which
are not fairly contingent should
be undertaken without proper
sanction to a supplementary
estimate which should be
submitted for sanction as soon
as the necessity is foreseen.
VII– Tools and Plant.
i) To sanction the
purchases, manufacture Up to Rs. 150000 for each
and repair Tools, Plant estimate for new supplies and
and aceessories other for repairs within the limits
than officer furniture, assigned to his circle in the
live-stock and tents. budget estimate.
ii) Office furniture :-
To sanction the Up to Rs. 75000 each
purchase, manufacture estimate.
and repair of office
furniture.
iii) Tents :-
To sanction the
purchase, manufacture Up to Rs. 35000 for each
or repair of tents. estimate.
VIII– Compensation. Superintending
To sanction estimate for Up to Rs. 5000 Engineer concerned
compensation for crops
destroyed by breaches
of canals.
83
 IX – Rent of Buildings. May sanction within the limit of
To sanction rent of budget provision as prescribed
buildings used as by the finance department
offices. from time to time

X– Sale or Up to book value of Rs. 35000

Dismantlement of subject to the following
Buildings. restrictions :-
To sanction disposal or 1) Whenever he sanctions the
demolition of public sale of a building he should
buildings (other than communicate the order to the
residential buildings) Collector to take necessary
and Inspection action to sell lands and
Bungalows constructed buildings together.
from Public Funds. 2) No buildings should be sold
unless it has been previously
ascertained that it is not
required by any Department of
Government and approval of
Collector should be obtained
before any building is ordered
to be sold.
3) No building should be
demolished unless it is in a
dangerous condition or past
repairs.
4) Power should not extend to
the sale or dismantlement of
several individual buildings
situated in a compound the
total cost of which exceeds
Rs. 35000
5) When it is proposed to sell
or dismantle, the value of
entire building and not of the
portion should be taken into
consideration.
XI – Write off of Losses.
i) To write off
irrecoverable sum of Up to Rs. 3500 in each case
public money lost by subject to the condition i) that
fraud or the negligence the loss does not disclose a
of individuals or any defect of system the
other causes. amendment of which requires
the order of Government, and
(ii) that there has not been any
serious negligence on the part
of some individual officer or
officers which might possibly
call for disciplinary action
requiring the orders of higher
authority (see Rule 63 of the
Jharkhand Financial Rules
Volume I).
ii) To sanction the write Up to Rs. 4000 in each case
off of irrecoverable subject to the condition (i) that
the loss does not disclose a
84
value of all classes of defect of system the
stores lost, destroyed or amendment of which requires
damaged by fraud or the the order of Government, and
negligence of individuals (ii) that there has not been any
or any other causes. serious negligence on the part
of some individual officer or
officers which might possibly
called for disciplinary action
requiring the orders of higher
authority (see Rule 63 of the
Jharkhand Financial Rules,
Volume I).
XII – Contribution Up to Rs. 35000 excluding
Works. To authorize Departmental charges.
undertaking of
contribution works or
deposit works.
XIII– Contracts and
Tenders.
i) To accept tenders. Upto 50 lakhs

XIV– Execution of
Classes of deeds,
contracts and other
instruments.
i) All instruments Full Powers. Superintending
relating to purchase, Engineer concerned.
supply and conveyance
or carriage of materials,
stores, machinery, etc.
ii) All instruments
relating to the execution
of works of all kinds,
connected with
buildings, bridges,
roads, canals tanks and
reservoirs, decks,
harbours and
embankments and also
instruments relating to
the construction of
waterworks, sewerage
works, the erection of
machinery and the
working of coal-mines. Full powers. Superintending
Engineer concerned.
iii) Security bonds for the
due performance and
completion of works.
iv) Security bonds for the
due performance of their
duties by Government
servants whom the
officers specified have
power to appoint.
v) Leases for grazing
cattle on canal banks or
roadsides; for fishing in
85
canals; for the
cultivation of land under
the Irrigation and other
purposes, and lease of
water power; and
instruments relating to
the sale of grass, trees
or other produce on
roadsides or in
plantations.
vi) Leases of houses,
lands or other
immovable property,
provided that the rent
reserved shall not
exceed Rs. 5,000 a
month.
Full powers. Superintending
vii) All instruments
Engineer concerned.
connected with the re-
conveyance of property
given as security.
viii) Instruments
connected with the
collection or farming of
tolls at bridges or ferries
or other means of
communication provided
by the State
Government.
ix) Agreement for
recovery of fines on
account of drift wood or
other timber passing into
a canal.
XV Purchase of books , Upto Rs. 10000 in a year for
Periodicals, Maps his office
XVI Purchase of Quality Maximum Rs. 50000 per year
control, laboratory
instruments and other
field instruments.
XVII Approval of Maximum up to 15% beyond Subject to permissible
Excess beyond agreement amount which will limit of Administrative
Agreement Amount be inclusive of claim or due to Approval
supplementary agreement
XVIII To sanction up to Rs.5 lakhs for each Subject to the
execution of work works division/year within his condition that the
departmentally jurisdiction. reason should be
reported in writing to
the department within
15 days of such order.

86
 E – POWERS OF EXECUTIVE ENGINEERS.
294. The following is a summary of powers delegated to the Executive Engineer in charge of
a division :-

Nature of powers. Limit of Powers. Remarks.

1 2 3
I – Alteration in Design. To sanction trifling alteration in Such alteration should
constructional details of works be reported as a
during their execution in cases general rule to the
of necessity reporting as a superintending
general rule his action to the engineer within 15
Superintending Engineer. days.
II – Technical Approval,
Technical Sanction and Amount of
approval of BOQ. Administrative
To accord sanction to Approval will be the
estimates/ Technical Rs. 25 lakh for each work guiding factor for
Approval for works provided that administrative limitations of financial
including Electrical approval or sanction has been power
Works, original and accorded by the competent
supplementary & authority.
approval of BOQ Note 1 – The above limit
excludes departmental
charges.
Note 2 - These powers apply
to deposit works also.

i) To sanction Within the limit of budget

estimates for ordinary allotments for each work plus
repairs. such amount as can provided
by re-appropriation.

ii) To sanction
estimates for special Up to Rs. 1 lakh
repairs. Executive Engineer,
concerned
iii) To prescribe lump
sum provision for annual Up to a limit of Rs. 15000 only.
repairs to electrical
installations in civil
buildings.
iv) Emergent repairs :-
Full Powers.
To sanction emergent
Should be reported as
repairs to works to any
a general rule to the
reasonable and
superintending
necessary amount in
engineer within 15
case of imminent danger
days.
to the structure.
III – Disposal of Stores.
i) To sanction the Full Powers.
writing off from the
returns of tools and
plant of all tools and
plant the full value of
which has been

87
recovered.
ii) To issue orders for Up to Rs. 5000
disposal by sale or
otherwise of surplus
stores at their full value
and of materials
received from works
dismantled or under
going repairs at their
estimated value.
iii) To issue orders for Up to Rs. 10000
the disposal by public
auction of unserviceable
materials after
dismantlement of Public
works buildings at their
estimated value.
iv) To sanction sale of
Up to Rs. 5000
articles on the stock
accounts to private
persons at full value
plus the supervision
charge of 10 per cent
when this can be done
without inconvenience to
the public service.
IV – Excess over
estimate : To pass all excess of not more subject to permissible
To pass excess than 20 per cent of the amount limit of Administrative
estimates sanctioned by of original estimates Approval
themselves or higher sanctioned by himself or
authority. higher authority provided that
the total amount of excess is
within the limit of his powers to
sanction estimates technically.
Note – An Executive Engineer
has no power to sanction any
excess over a revised estimate
sanctioned by higher authority.
V – Contingencies in the Up to Rs. 20000 subject to the
estimate for work. condition laid down as follows
To divert provision for :-
contingencies in an i) If the amount provided
estimate to new works under the head
or repairs not provided “Contingencies” in an estimate
therein but fairly is either expended or
contingent on the proper earmarked no further new
completion of works. works or repairs should be
sanctioned till funds for such
works or repairs are allotted.
ii) No works or repairs which
are not fairly contingent should
be undertaken without proper
sanction to a supplementary
estimate which should be
submitted for sanction as soon
as the necessity is foreseen.
88
VI – Tools and Plant.
Purchase, manufacture Up to Rs. 15000
and repair of Tools,
Plants and accessories.
To sanction the
purchase, manufacture
and repair of Tools and
Plant (excluding live-
stock, office furniture
and tent).
VII – Contribution or
deposit works.
To authorize Up to Rs. 10000 excluding
undertaking of departmental charges.
contribution or deposit
works.
VIII – Contracts and
Tenders. Up to Rs. 10 lakh
Power to accept
tenders.
IX – Execution of
Classes of deeds,
contracts and other
Instruments.
i) All instruments
relating to purchase,
supply and conveyance
or carriage of materials,
stores machinery, etc.
ii) All instruments
relating to the execution
of works of all kinds Full Powers. Executive Engineer
connected with concerned.
buildings, bridges,
roads, canals, tanks,
reservoirs, docks and
harbour and
embankments and also
instruments relating to
the construction of
water-works, sewerage
works, the erection of
machinery and the
working of coal-mines.
iii) Security bonds for the
due performance and
completion of works.
iv) Security bonds for the
due performance of their
duties by Government
servants whom the
officers specified have
power to appoint.
v) Lease for grazing
cattle on canal banks or
roadside; for fishing in
89
canals; for the
cultivation of land under Full powers.
the Irrigation
Department, leases of Executive Engineer
water for irrigation and concerned.
other purposes, and
leases of water, power
and instruments relating
to the sale of grass,
trees or other produce
on roadside or in
plantation.
vi) Leases of houses,
lands or other
immovable property,
provided that the rent
reserved shall not
exceed Rs. 5,000 a
month.
vii) All instruments
connected with the re-
conveyance of property
given as security.
viii) Instruments
connected with the
collection or farming of
tolls at bridges or ferries
or other means of
communication provided
by the State
Government.
ix) Agreements for the
recovery of fines on
account of drift wood or
the timber passing into a
canal.
X Purchase of books , Upto 5000 in a year for his
Periodicals, Maps office
XI Purchase of Quality Maximum 30000 per year
control, laboratory
instruments and other
field instruments.
XII Approval of Excess Maximum up to 10% beyond Subject to permissible
beyond Agreement agreement amount which will limit of Administrative
Amount be inclusive of claim or due to Approval
supplementary agreement
XIII To purchase item Rs 25000
directly and pass its
Vouchers
XIVTo sanction estimate Upto Rs. 3000
for crop compensation
XV To sanction Rs 100000 upto a maximum of Subject to the
execution of work Rs. 500000 in a year condition that the
departmentally reason should be
reported in writing to
the department within

90
 15 days of such order

F– POWERS OF ASSISTANT ENGINEERS

295. The following powers have been delegated to the Assistant Engineers in charge of
subdivisions :-
Nature of powers. Limit of Powers. Remarks.
1 2 3
I – Execution of classes
of deeds, contracts of
other instruments.
i) All instruments
relating to purchase,
supply and conveyance
or carriage of materials,
stores, machinery, etc.
ii) All instruments
relating to the execution Full powers. Assistant Engineer
of works of all kinds concerned.
connected with
buildings, bridges,
roads, canals, tanks,
reservoirs and
embankments and also
instruments relating to
the construction of
waterworks, sewerage
works, the erection of
machinery and the
working of coal-mines.
iii) Security bonds for the
due performance and
completion of works.
iv) Security bonds for the
due performance of their
duties, by Government
servants whom the
officers specified have
power to appoint.
v) Leases for grazing Assistant Engineer
cattle on canal banks or concerned.
roadsides; for fishing in Full powers.
canals; for the
cultivation of land under
the Irrigation
Department; lease of
water for irrigation and
other purposes; and
leases of water power
and instruments relating
to the sale of grass, or
other produce on
roadside trees or in
plantations.
II a) To purchase
Tool and Plant & upto 5000 in a year
accessories
91
 b) To sanction
purchase, manufacture ,
repair of office furniture ,
live stocks, tents etc upto 1000 in a year
c) To purchase items
directly and pass its
Vouchers Rs. 2500

296. The departments other than Public Works Department may constitute a Technical Cell
appropriate to the quantum of works to be executed out of their funds. The size of such technical
cell may be kept flexible depending on size/quantum of [Link] technical cell shall comprise of
competent Engineers of various levels engaged temporarily preferably on deputation or contractual
basis for a pre determined period. Such technical cell shall execute works as per the provisions of
the Public Works Department Code.
297. Repeal and Savings- (1) The Bihar Public Works Department Code is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or any sanction accorded or
consent given under the Code referred to in sub-rule (1) shall be deemed to have been done or
taken or accorded or consent given under the corresponding provisions of the Jharkhand Public
Works Department Code as if the provisions of this Code were in force at all material times.

92
 APPENDIX – A
(See paragraph 90.)
List of records in the Divisional and Subdivisional offices of the Public Works
Department, Jharkhand showing the period of preservation.

Seri Description of records. Period up to which to be

al maintained.
no.
Accounts.
1. Register of Note Books Permanent
2. Register of Cheque Books Ditto.
3. Register of Service Books Ditto.
4. Register of Securities Ditto.
5. Register of Building Ditto.
6. Register of Buildings in Cantonments Ditto.
7. Register of Churches belonging to Ditto.
Government
8. Register of Sanctions to Estimates Ditto.
9. Register of Works, Parts I and II 10 years
10. Register of manufacture Permanent
11. Roads metal rate Book Ditto.
12. Post Office Savings Bank Pass Book Permanent till returned to
depositor.
13. Standard Measurement Books Permanent
14. Hand Receipt Copies to be destroyed
after 5 years but originals
to be retained for 10 years.
15. Petty Contract Bill Ditto.
16. Contract Certificates Ditto.
17. Acquaintance Roll 85 years.
18. Acquaintance Roll for temporary and To be retained for 10 years
works establishment. as original vouchers.
19. Annual Roll of Engineer Officers To be destroyed after
retirement or death of an
officer.
20. Non-gazetted officer’s salary bills 25 years.
21. Statement of proposition for Permanent
establishment.
22. Detailed list of permanent Ditto.
establishment in Civil Account Code
Form No.
23. Divisional and Subdivisional Cash 20 years.
Book
24. Application for leave. Permanent
25. Inspection Report of Accountant- Ditto.
General
26. Inspection Report of Superintending 10 years.
93
 Engineer.
27. Report after one year’s probationary Permanent. To be
service of Overseers. destroyed after retirement
or death of an officer.

Correspondence.
1. Register of receipts and issues Permanent
2. Register of lands Ditto.
3. Register of lands available for rent Ditto.
4. Register and accounts of endowed Ditto.
monuments.
5. Personal Register Ditto.
6. Register of measurement and note Ditto.
books.
7. Register of expenditure on Permanent
residential buildings.
8. Register of Bench-marks Ditto.
9. Register of plans Ditto.
10. Register of land acquisition cases Ditto.
11. Register of cases for lands Ditto.
12. Register of railways, roads, etc. Ditto.
13. Register showing account of sale of 3 years after book is
forms. completed.
14. Office attendance book 3 years.
15. Guard book of samples forms Ditto.
16. Measurement Books 10 years after the date of
completion of works the
measurements of any part
of which are recorded
therein.
17. Note Book 10 years after expiry of
lease.
18. Cover for plans Permanent.
19. Descriptive roll 3 years after expiry of
lease.
20. Miscellaneous payment vouchers Copies to be retained for 5
years and originals for 10
years.
21. Record of experiments Permanent.
22. Capital and Revenue Accounts Ditto.
23. Statement showing assessment of Ditto.
rent calculated under Public Works
Department rules and sanctioned by
Government
24. Note in explanation of proposal for 12 years.
residential buildings.
25. Revised estimate with comparative Permanent
statement.
94
26. Memorandum forwarding security 10 years.
deposit to contractors.
27. Memorandum returning security Ditto.
deposit to contractors.
28. Agreement (when security deposit is To be destroyed one year
paid in full) after termination of service
and security.
29. Agreement (when security deposit is Ditto.
paid by installments).
30. Agreement of security deposit Ditto.
intended for the use of temporary
employees.
31. Statement of landed property owned Permanent.
by officers and subordinates.
32. Correspondence regarding leases Ditto.
and rents.
33. Correspondence regarding Ditto.
requisition of lands and properties.
34. Records relating to serves, Ditto.
appointments, promotions and
reversions.
35. Papers regarding sanction to Ditto.
pension.
36. Reports of disasters owing to heavy Ditto.
floods, etc.
37. Weather reports and monthly rainfall Ditto.
statements received from the
meteorological Department.
38. Notes of an Inspection made by the 5 years.
Executive Engineer.
39. Abstract estimate in which several Permanent.
works are included.
40. Correspondence regarding Permanent. Refers to
preparation of projects (original). original works as distinct
from repairs.
41. Estimate for original works. Permanent. Refers to
estimated and not to
correspondence.
42. Circulars by the State Government, Permanent.
Accountant-General or
Superintending Engineers.
43. Report on the conduct and 25 years.
qualifications of Assistant Engineers
44. Subdivisional Progress Report After completion of Works.
45. Divisional monthly progress report. Ditto.
46. Progress Report for works of Ditto.
subdivisions.
47. Schedule of tenders. 1 year after contract is
completed.

95
48. Schedule of rates. Latest edition.
Irrigation Correspondence.
1. Irrigation Group Register. Permanent.
2. Abstract register of assessments Ditto.
3. Gauge Register Ditto.
4. Register of continuation crop Ditto.
experiment.
5. Register of owners of village Ditto.
channels.
6. Daily register of experiment on Kharif Ditto.
Irrigation.
7. Outlet Register Permanent.
8. Rainfall Register Ditto.
9. Parwana Register Ditto.
10. Register no. 57 of all registers to be Ditto.
preserved permanently.
11. Register no. 57-A, of all Register not Ditto.
to be preserved permanently.
12. Register of applications for copies 3 years after register is
completed.
13. Register of vernacular reports and Ditto.
petitions.
14. Register of seven years’ lease 3 years after expiry of
permits. lease.
15. Register of seven years’ leases. Ditto.
16. Register of assessment of side Permanent.
cutting lands.
17. Register of gauge reading for Ditto.
Regulation section.
18. Jharkhand Irrigation Survey Khasras, Ditto.
Maps and Tables.
19. Register of Cadastral Survey Ditto.
Khasras and Maps
20. Village channel tracing maps Ditto.
21. Map showing the existing long Ditto.
leases in different colours.
22. Group maps. Ditto.
23. Tatil Table Map. Ditto.
24. 1” a mile map Ditto.
25. 4” a mile map Ditto.
26. Notes of an inspection of Sectional Ditto.
officers.
27. Subdivisional inspection notes. Ditto.
28. Instructions of Amins. Ditto.
29. Instructions of Patrols Ditto.
30. Abstract of land available for rent. Ditto.
31. Lease for letting out land for building 3 years after expiry of
96
 purposes. lease.
32. Form of lease for agricultural Ditto.
holdings.
33. Working statistics of distributaries of Permanent.
canals and branches.
34. Notice of irrigation to owners of Ditto.
village channels.
35. Public notice of intention to register a Permanent.
particular person as owner of village
channel.
36. Record of irrigation of distributaries. Ditto.
37. Statement of well observations. Ditto.
38. Silt statement on the main Western Ditto.
and Arrah Canals.
39. Statement of determination of village Ditto.
channel rent under section 68 of the
Irrigation Act.
40. Statement showing result of Ditto.
experiment on Kharif Irrigation.
41. Record of discharge observations. Ditto.
42. Record of experiments showing loss Ditto.
of water in distributary.
43. Records of important matters Ditto.
connected with each disributary.
44. Detailed weir discharge report. Ditto.
45. List of trees along canal or Ditto.
distributary.
46. Abstract of crop experiments, Tables Ditto.
II and III.
47. Annual return of result of crop Ditto.
experiment.
48. Application for registration of village Ditto.
channels.
49. Application under sections 50 and 51 Ditto.
of Act III (B.C.) of 1876 and for
village channels.
50. Application for a long term lease. To be retained until 3
years after expiry of
contract.
51. Application for appointment as a Ditto.
contractor.
52. Application for appointment under Ditto.
rule 50.
52.A Application by proprietor of Bhauli To be retained until 3
. lands. years after expiry of lease.
53. Voucher for payment into Treasury Permanent
for deposit of amount awarded as
compensation.
54. Voucher for payment into Treasury Ditto.

97
 for deposit of amount awarded as
compensation.
55. Consolidate voucher for payment of Ditto.
Land Acquisition cases.
56. Declaration under section 6, Act I of Permanent.
1894.
57. Requisition under section 10 of Act I Ditto.
of 1894.
58. Proceedings under section 11. Ditto.
59. Reference to Court under section 18. Ditto.
60. Reference to Court under section 30. Ditto.
61. Final report of the proceedings taken Ditto.
for land acquisition.
62. Abstract statement showing the Ditto.
amount of water rates assessed,
realized and outstanding in English
63. Statement showing the amount of Ditto.
canal revenue assessed, realized
and outstanding in English.
64. Statement showing area and Ditto.
expenditure in the acquisition of land
required.
65. Statement showing the amount of Ditto.
land revenue to be abated.
66. Circular files kept in Circle and Tahsil Ditto.
offices.
67. Gauge reading books. Ditto.
68. Sub-schedule of village channels 12 years.
69. Certificate of realization of Ditto.
Government dues.
70. Notice to judgment-debtor. Ditto.
71. Warrant attachment of property. Ditto.
72. Attachment of salary of Government Ditto.
officers.
73. Visitor’s complaint book 3 year after book is
completed.
74. Junior Engineer’s inspection book Ditto.
75. Long lease certificate regarding 3 years after expiry of
inspection of village channels. lease.
76. Demand and remission statement Ditto.
received from the Assistant Engineer
77. Preliminary report on unauthorized 5 years after expiry of
irrigation or wastage of water. lease.
78. Permit for a seven year’s lease (long Ditto.
term, yellow form).
79. Patrol’s register of long leases in Ditto.
force.
80. Supplementary ticket for To be destroyed after
inspection of the accounts
98
 undercharge. by the Accountant-
General.
81. Toll Accounts. Ditto.
82. Toll Bills Ditto.
83. Toll Tickets. Ditto.
84. Measurement chits, counterfoils of Ditto.
passes (Cargo and passages).
List of records in the divisional and Subdivisional offices of the Public Works
Department, Jharkhand which should be preserved for 5 years.
Corespondece.
1. Receipt of payment to Government
2. Completion Report of original works
and special repairs.
3. Tender files.
4. Counterfoils and cheques
5. Abstract Statement of Dredgers’
working
6. Correspondence regarding 3 years after work is
acceptance of piece work completed.
agreement.
7. Register of workshop orders. Ditto.
8. Temporary service declaration form 3 years after new
declaration is signed.

List of records in the Divisional and Subdivisional offices of the Public Works Department,
Jharkhand which should be preserved for one year only.
Correspondence.

Seri Description Remarks.

al
no.
1. Indent for service labels.
2. Files regarding sanction to local purchases.
3. Dak and Peon Books
4. Half margin files
5. Ordinary newspapers.
6. Monthly progress report of works and
repairs.
7. Diary to accompany traveling allowances bill
8. Notice calling for tenders
9. Forward Diary
10. Daily gauge report
11. Weekly gauge report
12. Daily gauge reading telegram files
13. Daily gauge reading of canals and weirs
14 Register of summons made over to peons

99
 APPENDIX – B
(See paragraph 109.)
Rules for the selection of site for buildings

1. The selection of a site for a proposed building must be dealt with as soon as a demand is
received for an estimate from an officer authorized for it.
When a rough estimate is called for, a general report regarding the proposed site will be
given which will accompany the estimate when it is sent up for administrative approval.
2. As soon as a demand for an estimate as in paragraph1 or administrative approval to an
estimate sent under 1 is received, the Executive Engineer ,Building division concerned
(Member-Secretary of the Site Selection Committee) shall in consultation with the District
Magistrate (Deputy Commissioner) who shall be the President of the Site Selection
Committee and the local head of the Department concerned, select a site for the proposed
building and make out the usual plans. Others who may be consulted for the selection of
site -, Superintendent of Police, Civil Surgeon, Executive Engineer, Electrical(supply) and
Executive Engineer, Drinking water and Sanitation Department.
If the building is in the compound of the existing Government building a block plan
only will be required. This must show the whole compound and all the building existing or
proposed within it.
In a case where land has to be acquired, the Executive engineer will at once apply
to the District Magistrate (Deputy Commissioner) for an estimate and draft declaration for the
land.
In outlying stations, the District Magistrate (Deputy Commissioner), Executive
Engineer and the local heal of the Department concerned may delegate their subordinates to
represent them.
3. For selection of sites where Improvement Trusts have been created, the person nominated by
the Chairman of the Improvement Trust shall also be ex-officio member of the Site Selection
Committee for selection of sites of Government buildings in the town for which the
Improvement Trust exists.
4. Executive Engineer concerned should obtain the signature of the President and other
members of the Site Selection Committee on the approved site plan at the time of the
meeting. A copy of proceedings as approved by the President may then be sent by the
Executive Engineer to all other members in due course for information and record in their
office.
5. The Executive engineer will be responsible that the site selected is suitable for building to be
constructed there on.
In case the Executive Engineer has any doubt as to the suitability of the proposed
site on sanitary grounds, he should consult the Civil Surgeon on this point.
Note 1 – The Site Selection Committees should meet on the first Monday of every month, or,
if the first Monday be public holiday, on the first working day thereafter, whenever there is
business to be transacted. In urgent cases the Committee should meet oftener and the
meeting should be held within ten days of a requisition being received from Executive
Engineer.
Note 2. – The Public Works Department (Buildings) representative on site committee is
there to advise the committee on the engineering aspect of the site just as the Civil
Surgeon is there to advise on the hygienic aspects. Generally speaking in this Stage, the
more important Engineering points are :-
a) Is the site swampy, low or liable to flood
b) Is the soil suitable for foundations or will special treatment be necessary in the case
of -
100
 (1) soil liable to expansion and contraction, or soil of an abnormal nature;
(2) made ground
c) Is the building oriented in the right direction with reference to –
(1) the view,
(2) ventilation,
(3) verandah protection,
(4) orientation of rooms required for specific purposes
d) Is the site suitable for excavation of a well
Sufficient attention has not been paid to these points resulting
in some cases in (1) building having been faced the wrong way rendering unsightly and
expenses additions necessary, (2) heavy unforeseen expenditure in expensive
foundations and (3) buildings having been built on soil which expands and contracts
without precautions having been taken to counteract this, resulting in some cases, in the
building having had to be condemned.
Steps should be taken to ensure that the Public Works Department
representative examines the site and advises the Site Committee from an engineering
point of view completely and thoroughly. Trial pits should invariably be dug at several
points and the soil examined by a responsible officer and the section shown on the site
plan with a correct description of the soil .
e) He will be responsible for any action required under paragraph 106 and 107 of the
Jharkhand Public Works Department Code and will place before the site committee an
expression of opinion received from the Military Department.

6. If the site selected is on land already in charge of the Public Works Department, the site plan
will be signed by the Superintending Engineer before the estimate is sent up for technical
sanction.
When the land is in charge of the Department concerned, the signature of the Head
of that Department on the plan will be necessary.
7. In cases where there is difference of opinion regarding the suitability for a site among the
officers referred to in rule 2 the matter will be referred by the Superintending Engineer to the
Commissioner of the Division, whose decision shall be final.
For selection of sites where Regional Development Authority has been created, person
nominated by the Vice-chairman of the Regional Development Authority shall also be ex-officio
member of the Site Selection Committee for the selection of sites of Government Buildings in the
town for which Regional Development Authority has been created.

8. The following plans are required –

a) a block plan on suitable scale showing the relative position of all buildings, wells, etc.,
including in the project as well as all existing buildings, wells, etc., in the same compound;
b) an index plan on suitable scale showing the site and its surroundings on north, south, east
and west.

101
 APPENDIX - C
(See paragraph 224)
Rules for the payment of municipal rates and taxes on buildings- as amended or subject to
amendment by the Government from time to time

The following rules govern the payment of municipal taxes on buildings occupied by
Government Departments or by Government servants of the State Government.
1. Municipal taxes on Government buildings, other than residences, are payable by the
department occupying them and are debitable to that department. In the case of residences,
the general principle is that owner’s taxes are paid by Government, but adjusted as part of the
cost of maintenance and recovered with the rent. The occupant’s taxes, subject to the
restrictions explained below, are paid by the occupants of the residences even though they
occupy them rent free. Charges which are levied as payment for services rendered, e.g.,
quantity of water or electric current supplied, are also paid by the occupant.
2. By the provisions of section 100 of the Bihar and Orissa Municipal Act 1922, the latrine tax is
an occupant’s tax : the water tax by the provisions of sections 100 and 134 of the Act is an
owner’s tax, but three quarters of it can be recovered from the occupying tenant. The rules
regulating the payment of these taxes are as follows :-
(a) In the case of residences for which rent is paid, the Public Works Department will pay
the water tax : three quarters of it will be recovered from the occupant in addition to the
rent and the other quarter will be charged off to the maintenance of the building. The
occupant will pay the latrine tax.
(b) Residences occupied rent-free fall into two classes :-
i) those occupied rent-free, by officers solely for the better performance of their duties;
and
ii) those occupied rent-free, but not solely for the better performance of their duties.
In the former case both water and latrine taxes will be paid by the department
concerned from its contingent grant; but if the occupant’s emoluments exceed Rs. 3750 per
month, three quarters of the water tax and the whole of the latrine tax, both of which are
based on the rental value of the house, will be recovered from him, subject to the limitation
that the amount recovered shall not exceed the amount payable on a rental equal to 10 per
cent of his emoluments,
In the later case the department concerned will pay the water tax from its contingent
grant, but recover three quarters of it from the occupant. The latrine tax will be paid by the
occupant direct to the municipality.
Note 1. – The above rules do not apply to Government servants of Ex-Secretary of State
services and Government servants under the rule-making control of the Government of
India who are liable to pay the full water tax, nor does it apply to those Government
servants under the rule – making control of the State Government who occupy buildings the
rent of which has been revised, and now are, therefore, liable to pay the full water tax.

Note 2. – The limitation of rent to 10 per cent or any other sanctioned percentage of an
officer’s emoluments shall apply in every case to the sum of rent plus owner’s taxes, but
excluding the three quarters of the water tax which is recoverable from the tenant
irrespective of the percentage limit.
Note 3. - Government servants whose pay is less than Rs. 750 a month are required to
pay the occupier’s share of the municipal taxes unless it is established that any such
Government servant is compelled to reside in Government quarters solely for the better
performance of his duties.
Powers have been delegated to all Heads of Departments and to the Military
Secretary to His Excellency the Governor of Jharkhand to decide if any such Government
102
 servant serving under them is compelled to reside in Government quarters solely for the
better performance of his duties.
Note 5. - In the case of Government buildings for which rent is paid the Public Works
Department will pay the water tax and debit three-fourths of it to Miscellaneous, Public
Works Advances, pending recovery from the tenant along with the rent of the building and
charge the remaining one-fourth to its maintenance. A separate demand statement in T. C.
Form no. 19 in respect of the portion of the water recoverable from the occupant will be
presented by the Executive Engineer and its recovery will intimated to him by the
Accountant-General.
3. Municipal rates and taxes leviable on residences of his Excellency the Governor will be paid
by Government and debited to “Maintenance and Repairs”.
4. No taxes are leviable on Public Buildings in cantonments. The case of Military buildings in
municipal areas is covered by Army Regulations, India, Volume XII (1914 edition), paragraph
121.
5. The responsibility for the acceptance of the assessment of a Government building rests with
the Executive Engineer in charge of the building. If the building is not borne on the books of
the Public Works Department, the responsibility rests with the departmental officer concerned.
If the assessment appears unduly high, proceedings should be taken to obtain redress under
the ordinary municipal law, and recourse should only be had to the special provisions of Act
XI of 1881 when an amicable (possibly arbitrary) settlement with the local authority has failed,
in cases where the property to be assessed is from its nature such as not to admit of the
application of the ordinary principles in assessing the payment thereon of any particular tax,
e.g., when the assessment is on the letting value, and the property is of such a nature that it is
difficult to conceive of its being let and impossible to form any estimate of the rent that would
be obtained for it if the Government offiered to let it.
6. In any case in which a lump sum is paid for a number of buildings in a municipality, the taxes
in respect of buildings occupied by a civil commercial department, should be debited to that
department while those which pertain to buildings occupied by more than one non-commercial
civil department should be charged to “57 Miscellaneous”.
7. Payment of taxes by Government departments to local funds may be made in cash or by book
transfer as may be decided by the Accountant General in consultation with the State
Government.
8. In cases in which the amount of tax payable to the municipality in respect of a building has to
be borne partly by the Government officers occupying the building and partly by Government,
the tax will be paid in full by Government in the first instance and the amount payable by the
officer will be recovered from him by Government.

103
 APPENDIX – D
(See paragraph 55 )
PART-1
RULES FOR THE DEPARTMENTAL EXAMINATION OF OFFICERS AND SUBORDINATES OF
THE PUBLIC WORKS DEPARTMENT

1. Assistant Engineers of the Public works Departments must pass the prescribed Departmental
Examination in language and law which will be conducted under the direction and control of
the Central Examination Committee and will take place at the same time as the half-yearly
departmental Examination of Assistant magistrates.
Officers of the Electrical Department must pass in Hindi by the Lower Standard
within two years of joining their appointment.
An officer who fails to pass the examination within this period will receive no further
increments of pay until the examination is passed.
2. Junior Engineer of the Subordinate Engineering Service may appear in the examination in
law part A, after having received permission from their Superintending Engineers. Junior
Engineer of the Subordinate Engineering Service who have passed the examination, if
placed in charge of an irrigation subdivision, will be vested with the powers of a Canal Officer.
3. An officer who fails to pass his Departmental Examination within the prescribed times, viz., for
languages within the periods prescribed in rule 5 below and for law (Part A, B and C) within
two years of joining his appointment will receive no further increments of pay until the
examination is passed.
The penalty for delay in passing will ordinarily cease to operate when the officer
passes the examination; on passing he will be placed in the same position with regard to
future increments as if he had passed in the ordinary course but he will receive no arrear in
respect of the increments withheld before he passed.
If an officer fails to pass within a reasonable time after his appointment, the State
Government may in addition punish him with loss of position on the incremental scale.
4. In exceptional cases when, owing the exigencies of the public service, or to illness, or to other
circumstances beyond his control, an officer is unable to pass the Departmental Examination
within the prescribed period, the State Government may grant an extension of time for such
period as they may consider necessary. If the officer passes within this further period no
penalty will be enforced.

EXAMINATION IN LANGUAGES.
5. The examination in the Hindi and Regional languages will be conducted under the
following rules :-

Hindi
LOWER STANDARD
a) Transliteration and translation from the Hindi–
(i) part of a khasra and document connected with the work of an Irrigation Officer,
such as a petition of complaint about supply of water, shall be transliterated into
the Roman character and shall also be translated into English.
(ii) A contractor’s bill and a document connected with the work of an officer
employed on roads and buildings shall be similarly transliterated and translated.
The time allowed for each of these papers will be two hours and the papers will be
fixed for different times. The maximum marks for each paper will be 30 marks for
transliteration and 30 marks for translation. The marks awarded for transliteration and the
marks awarded for translation will be separately added together and a candidate who secures
104
 on the two papers 15 marks for transliteration and15 marks for translation will be held to
have passed in these subjects.
b) Translation from English into the Hindi –
Three short and simple passages will be set for translation from English into the
Hindi. One passage will deal with subjects connected with irrigation, one with subjects
connected with roads and buildings, and the third with a short document of account such as
a khasra or contractor’s bill.
The time allowed for this paper will be two hours and the maximum marks for each
passage will be 30 and pass marks 45 for the three passages.
c) Viva voce examination in the Hindi –
(i) the examinee will be tested in conversation with Indians of various classes in
such a manner as to satisfy the officers who will conduct the viva voce
examination that he can make himself easily understood by them.
(ii)
An ordinary piece of English narrative prose will be handed to him and after
being allowed to read it through, he will be required forthwith to give a fluent oral
translation of it. The piece should deal with matters with which the examinee is
likely to be familiar.
The time to be occupied in this portion of the examination should be about 15
minutes, and the maximum marks for (i) and (ii) will be 20 each and pass marks 10 for each
part.
Note – For the examination in Hindi , the script will be Devnagiri.

Regional & Tribal Languages

6. An officer must compulsorily pass one of the regional tribal languages noted below :-

1. Santhali
2. Mundari
3. Oraon
4. Ho

7. The tests which a candidate must undergo at the compulsory examination are as follows :-
a) he must be able to converse freely in the tribal language opted by him.
b) he must write down sentences spoken in the opted tribal language in English or
Hindi and `
c) he must translate from English or Hindi into the opted tribal language sentences,
not or more difficult nature than those described in clause (b) and the translation
must be substantially correct and intelligible.
8. (a) The standard prescribed for the compulsory examination is the lower standard. In
order to pass by this standard, the examinee must obtain not less than 50 per cent
of the marks allowtted to each branch of examination and 66 2/3 per cent of the
aggregate.
(b) The examinee shall be declared to have passed by the higher standard, if he
obtains not less than 60 percent of the marks allottted to each branch of the
examination and 75 percent of the aggregate. Passing by the higher standard shall
be optional for all officers .
An officer who passes by the lower standard shall be eligible to re-appear
at the examination for the higher standard , while an officer who passed by the
higher standard shall be declared to have passed by the standard even though he
has not previously passed by the lower standard .
9. Notwithsanding any-thing contained in pragraphs 7 and 8 above the compulsory
examination in the case of officers who have put in 15 years or more of service, shall
consist only of an oral test, in which the examinee must be able to converse freely in the
105
 opted language to make himself understood. In this test the examine shall be declared to
have passed, if he secures not less than 50 per cent of the marks.
10. Examination in Tribal languages will be conducted by the Central Examination Committee.

11. The prescribed text books in the different tribal languages are the following :-

Sl. No. Name of Language Name of prescribed text book.

1. Santhali Santhali Praveshika, Parts I and II by Shri Doman
Sah Samir, Editor of the " Horsambad" published
by Santhal Paharia Seva Manda, Deoghar.
2. Mundari A Mundari Grammer with Exercises by Rev. J.
Hoffmann, S.J. Catholic Mission, Ranchi
3. Oraon Kath Ara Kath Billin Id-u by Dr. Christ Michael
Tiga, K.B. Kadru, Ranchi
4. Ho Ho Klaji By Sri Bhim Ram Sulanki, Chaibassa.

The prescribed text books will be scrutinised from time to time by Jharkhand Tribal
Research Institute & amendments in list of books as above will be made as per
recommendations of JTRI.

12. Rewards will be given as mentioned below to candidates who pass the examination mentioned
in paragraph 6, within the stipulated time, subject to the condition that rewards will be granted
only for one language.

Higher Standard.
Rs.
Officers of Class I (5,000/-)
Officers of Class II (3,000/-)
Officers of Class III (2,000/-)

Note : An Officer, who appears only at the oral test, as provided in paragraph 9 above,
shall not be entitled to any reward.

EXAMINATION IN LAW.
13. The examination in Law will consist of two papers (parts A and B) and an examination in
criminal case work (Part C). officers will be allowed to pass separately in either part A, B or C.
The irrigation Manual and the text of the laws referred to may be used for reference; copies
will be provided by the Examination Committee.
14. The following table shows the particulars of marks assigned to each subject and the time
allowed :-

Subject of examination Maximum Pass marks Time allowed

marks
Law part ‘A’ M.. 120 60 3 hours.
M..
Law part ‘B’ M. 120 60 3 hours.
M.
Examinations in case, part 120 60 To be
‘C’ determined by
the examination
Committee.

106
15. Part A will comprise the following Acts and Regulations :-
i. Cattle Tresspass Act I of 1871, as amended by Act I of 1891.
ii. Bengal irrigation Act III (B.C) of 1876, as amended by Act VII of 1880 and
Act I of 1903 and the rules thereunder.
iii. Indian Penal Code (Act XLV of 1860) –
Chapter II, Section 6,21,38,51 and 52.
Chapter III, sections 53,60 and 64 to 70.
Chapter IV, sections 76 to 85
Chapter V, sections 107 to 109
Chapter X, sections 172 to 175, 178 to 181 and 186 to 188.
Chapter XI, sections 191 to 193,224 and 228.
Chapter XVI, sections 125 to 440.
iv. Evidence Act (1 of 1872 as amended by XVIII of 1872) –
Chapter I, sections 1, 3, and 4.
Chapter II. sections 5 to 11, 13 to 16, 24 to 30, 32 to 39, 43, 47 to 49, 53 and 54.
Chapter IV, sections 59 and 60.
Chapter V, sections 61 to 66, 67, 73, 79, 83, 87 and 90.
Chapter VI, sections 91 to 93 and 98.
Chapter VII, sections 101 to 106.
Chapter IX, sections 118 to 127, 129 132 and 133.
Chapter X, sections 137 to 155, 159, 161 and 165.
v. Criminal Procedure Code (Act V of 1898)*
Chapter I, the whole.
Chapter II, sections 6, 10, 11, 12 and 17.
Chapter III, sections 28, 29, 32, 39, 35, 37 and 40.
Chapter IV, sections 42, 43 and 45.
Chapter V, sections 46 to 53, 57, 60, 61, 64 and 65
Chapter VI, the whole.
Chapter VII, section 94, 96 and 104.
Chapter IX. section 127.
Chapter XLV, the whole.
Chapter XV, sections 177, 179, 180, 182, 183, 186, 187, 190, 191, 192 and 195.
Chapter XVI, the whole.
Chapter XVII, the whole.
Chapter XIX, the whole.
Chapter XX, the whole.
Chapter XXI, the whole.
Chapter XXIV, sections 340 to 347 and 349 to 352.
Chapter XXV, the whole.
Chapter XXVI, sections 336, 367, 371 and 372.
Chapter XXVIII, sections 384 to 389, 397 and 400.
Chapter XXXI, sections 407, 418 to 423 and 430.

107
 Chapter XXXII, sections 435.
Chapter XXXIII, sections 443, 445 and 453.
Chapter XXXV, sections 476, 480, 481, 482, 484, 485 and 487.
Chapter XXXVIII, sections 495.
Chapter XXXIX, the whole.

* See now the corresponding sections of Criminal Procedure Code, 1973 which has
repealed the Criminal Procedure Code of 1898.
Chapter XL, sections 503, 505 and 506.
Chapter XLI, sections 511 and 512.
Chapter XLIII, sections 517 and 518.
Chapter XLIV, sections 528.
Chapter XLV, sections 529 to 531, 535 and 537.
Chapter XLVI, sections 540, 543 to 545, 547, 548, 556 and 558.
vi. Circular Order of the High Court (Criminal) no. 6, dated the 18th November,
1901, sections I and II.
16. Part B will comprise the following Acts and Regulations :-
i. Canals Navigation Act V (B.C.) of 1864.
ii. Land Acquisition Act I of 1894, Parts I to VI.
iii. Drainage Act VI (B.C.) of 1880.
iv. Embankment Acts XXXII of 1855, VII (B.C.) of 1886 and II (B.C.) of 1882.
v. The Bihar Public Irrigation Works Act XI of 1930.
vi. The Bihar and Orissa Private Irrigation Works Act V of 1922 as modified to
the 16th October, 1939.
vii. The National Highways Act,1956, The control of National Highways (Land
and Traffic) Act,2002, Jharkhand Highways Act, 2005, The Indian Toll (
Jharkhand Amendment) Act, 2002, Bihar Public Land Encroachment
Act,1956.
viii. Rules made under these Acts.
17. Part C (examination in cases ) will be conducted as follows :-
A case not being of a special difficulty confined to Roads and buildings/Irrigation subject
should be selected by the Secretary to the Central Examination Committee for Roads and
buildings/ Irrigation/officers. In selecting a case it should be remembered that officers will
only exercises magisterial powers under Act III (B.C.) of 1876 (Bengal Irrigation
Act)/Jharkhand Highways Act,2005. The case selected shall ordinarily be in the court Hindi
in which the officer is to be examined.
The case will be read out by an Indian Official. Where possible the case will be read either
to each candidate separately, or to small batches. The candidate must write his notes of
evidence as the reading proceeds just as he would do were he actually trying the case. At
the conclusion of the case the candidate, who may refer to his books, must write a
judgment on the question or questions at issue, with a statement of reasons.
18. The officers who will be selected by the Central Examination Committee to examine the
papers in cases under rule 10 give their opinions on the merits of each candidate’s judgment
and decide whether he should be considered to have passed. The papers should not be
submitted to the Central Examination Committ

108
 PART – II
RULES DEALING WITH THE PROFESSIONAL EXAMINATION OF
ASSISTANT ENGINEERS AND ASSISTANT ELECTRICAL ENGINEERS.

1. All Assistant Engineers of the P. W. D. must pass the professional examination prescribed in
Jharkhand Public Works Department Code, paragraph 55 within three years of joining their
appointments in the State.
2. On first appointment these officers will be employed in such a manner as will afford them the
experience of work necessary to enable them to pass the examination laid down in these
rules and will personally compile for one month the accounts of a subdivision including the
checking of measurement books, preparation of bills and posting of day books, contractor’s
ledgers and other subdivisional registers. They will subsequently spend a period of at least
fifteen days in a divisional office where, with the Accountant’s assistance, they will compile the
divisional accounts of the month.
3. No officer will be permitted to appear for the examination until he has undergone the training
prescribed in rule 2 and in addition has been satisfactorily reported on by the Executive
Engineer and Superintending Engineer as regards his physical energy any efficiency in
practical work and his capacity to manage those under his authority. A special report
regarding these qualifications will be submitted to the Chief Engineer when an officer applies
for permission to appear for examination.
4. Examinations will ordinarily be held at half-year intervals in December and June and will be
conducted by a committee constituted by the Engineer-in-chief comprised of the Chief
Engineer as president and two officers of the engineering establishment as members. The
President will submit the report of the Committee with his observations and recommendation
to the Government, who will decide which officers are deemed to have passed the test and
will publish their names in the Jharkhand Gazette.
5. The examination will be such as to test –
(a) The knowledge of an officer regarding the localities where he has been employed as
to –
i) their resources for the raw materials of engineering construction,
ii) the processes for procuring materials for engineering constructions,
iii) the methods and costs of engineering constructions,
iv) the dealing with contractors and management of work people.
(b) His acquaintance with the rules of the Public Works Department Code as far as they
concern an Assistant Engineer and his knowledge of the accounts of a subdivision.
The officer will be expected to show that he is sufficiently acquainted with those
portions of the Government publications mentioned below :-
Public Works Department Code, Bihar/Jharkhand Public Works Account Code,
Jharkhand Service Code, Chapters II, VI excepting rules 191-192, 200-206, 208-
210, 213-217, 222-224, and 239-246, Chapter VII excepting rules 304-305, 310,
312-313 and 333-334, Chapter VII and Appendix 15.
(c) His ability to design and estimate works.
6. The examination will be mainly oral but the examining committee will prepare three separate
papers for testing an officer’s knowledge of the matters mentioned in sections (a), (b) and (c)
of rule 5 and assign marks to each question of which the examinee will be expected to obtain
an aggregate for each paper of at least 50 per cent to qualify for a pass.
For the test under section (b) of rule 5 reference to Government publications will be
permitted. The test under section (c) of rule 5 will be such as does not require resorting to
books of reference.

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 Copies of papers set and statements of marks earned for each question will be submitted to
the State Government.
7. In the event of an officer failing to pass the examination within the period specified in rule 1
his increment will be withheld and arrears of increments so withheld will not be granted to him
on his passing the examination except in special cases where his failure to pass has been
due to the circumstances beyond his own control. Failure to pass the examination within the
prescribed period will not however affect the amount of an officer’s salary when he has
subsequently passed the examination and he will then be entitled to the rate of pay
corresponding to the length of his service. In exceptional cases, when, owing to the
exigencies of the public service or illness, an officer is unable to pass the Professional
Examination within the prescribed period the State Government may grant such extension of
time as they may consider necessary, and if the officer passes within this further period, no
penalty will be enforced.

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