B&R Code of Government of Pakistan, Thesis of Public Law

Download B&R Code of Government of Pakistan and more Thesis Public Law in PDF only on Docsity! THE WEST PAKISTAN BUILDINGS & ROADS, DEPARTMENT CODE (Applicable to the departments of Buildings, Road, irrigation, Communication, Central Public Works; Posts and Telegraphs in the Province of Punjab, Sind N.W.F.P. & Baluchistan) (APPLICABLE TO ALL CONCERNED THROUGH-OUT PAKISTAN) Reproduced with Correction By HAMID ALI ZAKA ALI (M.A., M.Ed., LL.B.) (ADVOCATE) (Exponents of Civil Service, Labour, Taxation & general Laws) Hemmed & up to date Up to-date Amendments Incorporated REVISED EDITION 1989 THE IDEAL PUBLISHERS (PUBLICATIONS OF LAW BOOKS) POST BOX NO. 3514 KARACHI- 74800 TABLE OF CONTENTS CHAPTER I-ESTABLISHMENT Paragraphs A. Organization B. Recruitment of Officers 1.1-1.3 I. General 1.4-1.6 II. Authorities competent to make appointment 1.7 III Scale of pay of Engineer Establishment... 1.8 C. Promotions- I. General 1.9.1.10 II. Indian Service of Engineers 1.11-1·18 III. Specialist Officers 1.14 IV. Petty Establishment 1.15 V.Records of service, annual reports and Recommendation rolls Engineer Establishment ... 1.16-1.18 Subordinate Engineering Service ... 1.19 Clerical and Draftsman Establishments... 1·20 Accountants ... 1.21 General ... 1.22 D. Punishments, Resignations, Removals, Dismissals And Deaths- I. Treatment of serious cases of misconduct... 1.28 II. Punishments HI. Suspensions ... 1.27 IV. Resignations ... 1.28 V. Dismissals ... 1.29-1.34 VI. Deaths ... 1.35-1·37 E Duties of officers of the Building and Roads Department- I. Chief Engineer ... 1.88-1.41 II. Regional Engineer officer ... 1.42-1.43 III Superintending Engineer ... 1.44-1.51 IV. Superintendent of Work ... 1.5 VI Divisional Officer ... 1.53.1.69 iv (c) Acquisition of land by private negotiation 2.8 G. Execution of Works-- - I. Commencement of works 2.89--785 II. Scope of sanction ... 986 III. Lapse of sanction ... 2.87 IV. Alterations in design daring construction... 2.88-2.89 V. Miscellaneous rules for the execution of work .. 2.90-2.97 VI. Advances to contactors ... 2.98 VII. Sanitation on extensive works. .. 2.99 VIII. Information to be given to the Survey Department ... 2.100 IX. Execution of works by civil Officers 2.101 H. Deposit Works I. Disposal or Estimates- I. Office of record for estimates . . 2.107 II. Communication of sanctions to estimate to the Audit officers ... 2.108 J. Supplementary and Revised Estimates- I. Supplementary Estimate ... 2-109 II. Revised estimate 2·110--2·113 III. Utilization of completion report o statement as revised estimate 2.114 K. Completion Reports, Certificate and Plans I. General 2.115 II. Works executed on behalf of other Department 2.116-2·118 III. Record and other drawings and plans 2.119-2.123 IV. Office of record ... 2.125 V. Preparation and Disposal of Completion. . 2.125 ANNEXURE TO CHAPTER II A. Delegation of Powers under Financial Rules and powers of re-appropriation- B. Power Delegated to various officers-. C. Rules for the payment of compensation-- D. Grant-in-aid for contribution works- V CHAPTER III- PUBLIC BUILDINGS Paragraph A. General- I. General rules .. 3.1-3.3 H. Fixtures and furniture- (a) Fixtures .. 3.4 (b) Furniture‘s . . 3.5 -3·8 III. Purchase and sale of Government buildings. . 3.9. -3.10 IV. Hire of office accommodation for officers of the Buildings and Roads Department . . 3·11 V .Renting of building . . 3·12-3·16 VI. Taxes . . 3.17-3.18 VII. Sanitary, water-supply and electrical installations . . 3·19 VIII. Inspection of public buildings .. 3.20 II. Registers of buildings .. 3·21 X. Plans and Buildings .. 3·22 B. Residences for Government Officials- I. General . . 3.23-3·25 II. Special rules relating to expenditure on Residences of His Excellency the Governor. . 3·26 III. classification of residential Building and assessment of rent .. 3·27 IV. Bent-Rules for Government Buildings used as residences . . 3.28 V. Periodical Review of concession . . 3.29--3.37 ANNEXURE TO Chapter III Rent of residential buildings (How to be calculated) CHAPTER IV-MISCELLANEOUS RULES REGARDING Office WORKS EXCLUDING ACCOUNTS PROCEDURES A. Initial Records or Account .. 4.1 I. Muster Rolls . . 4·2-4.4 H. Measurement Books .. 4·5-4·8 HI. Progress report of measurements on works executed under contract . . 4.9 B. Custody of cash . . 4-10-4.11 C. Cashiers .. 4·12-4.14 vi Paragraph D. Stores- I. General . . 4.15-4.17 II. Acquisition and manufacture of stores . . 4.18-4.25 III. Reserve of stock , . . 4.26-4·27 IV. Stock-taking .. 4.28-4-31 V. Disposal of stores . . 4.36-4.37 IV. Mathematical instruments . .. 4.38-4-39 E. Storekeepers .. 4.40 F. Loss of cash .. 4.41 G. Rules for Divisional Workshops .. 4·42-4·43 H. Transfers of Charges.- I. General .. 4.44-4.48 II. Divisional and Sub-Divisional Officers . . 4.49-4-56 III. Reconstitution of Executive or Sub Divisional charge . . 4·57 IV. Ocher officers .. 4.58 I. Heavy expenditure in March . . 4.59 CHAPTER POWERS OF SANCTIONS OF THE WEST PAKISTAN GOVERNMENT IN BUILDINGS AND ROADS DEPARTMENT AND OF THE AUTHOIRES SUBORDINATE TO IT A. General- I. Fundamental conditions 5.1-5.3 II. Commencement of work in anticipation of detailed estimates of the complete project. 5.4-5.6 III. Commencement of work in anticipation of the orders on the Buildings and Roads budget .. 5·7 B. Powers of Government in the Administrative Departments- I. Administrative approval. (a) Residential buildings (other than ecclesiast- Local) .. 5.8-5.9 (b) Other public works (other than ecclesiastical 5-10 II. Technical sanction- (a) General .. 5.11 (b) Original works . . 5.12-5'15 PREFACE The West Pakistan Buildings and Roads Department Code reproduced here is applicable to the respective Departments in the newly restored Provinces of the Punjab, Sind, N.W.F.P. and Baluchistan by virtue of Article 19 of the Province of West Pakistan (Dissolution) Order, 1970 (President‘s Order No. I of 1970) dated 30 th ‘March, 1970. The Code is applicable to Buildings and Roads Department including Irrigation, Communication (Posts and Telegraphs) and Central Works Department. Buildings and Roads Department and embodies such rulings as are necessary in the interest of Provincial finance and control. It does not deal with questions of pensions nor otherwise than indirectly with those relating to leave and allowances except where the rifles governing the same are peculiar to the Buildings and Roads Department, tar with the procedure to l followed in connection. with the Buildings and Roads accounts. The provisions of this Code in respect of financial and other powers define the limits of power of authorities subordinate to the former West Pakistan Government in Irrigation, Communication and Works Department. Fundamental Rules, Civil Services Rules of Punjab, Sind, Frontier, Bahawaipur, Khairpur, Baluchistan States Union, Departmental Finances Rules, Volume Ill and rules in the Audit Code, the Account Code of the Government relating to classes of transactions which occur in the Buildings and Roads Department as well as in other Departments. of Governments are binding on the Buildings and Roads Department except in so far as they may be over ridden by express provisions in this Code or in the Account code. The rules in this Code also apply to Central Works (including Posts and Telegraphs) carried out by the former West Pakistan Government as Agents to the Government of Pakistan. – This Code is issued by the then Chief Engineer, of former West Pakistan Buildings and Roads Department. It has been approved by the Finance Department and Irrigation, Communication and Works Department as well as by Director Audit and Accounts (Works), of former West Pakistan. The administrative and executive instructions contained herein are practically the same as given in the Public Works Department Code, 2nd Edition, 3 reprint, Public Works Department Code of North-West Frontier Province (1st edition 1942) and Bombay Public Works Depart menial Manual (1st edition) reprinted under the orders of Sled Government in 1944, and it also included corrections and amendments necessitated as a result of constitutional changes brought out by the unification of the Provinces. This Code is self-contained as the references to other books have been avoided by reproducing the text required. Some of the Annexures and Appendices have also been added with a view to achieve this object. The Code was first issued by the then Government of West Pakistan in 1960 and since then amendments have been made from time to time in the provisions of this Code by the respective Governments of the, Punjab, Sind, N.W.F.P. and Baluchistan. All the available amendments have been incorporated, errors corrected, and omissions have also been. rectified. However full justice could not be done due the no availability of the amendments. The old currency rates of payments and revenues may be substituted by. the .latest rates prescribed by the respective Provincial Governments. The Code is to be quoted‘ in all official communications and the basic and fundamental provisions of the Code may also be referred thereto by the respective Departments cited above. HAMID ALI CHAPTER I—ESTABLISHMENT A—ORGANIZATION (The administration of Buildings and Roads Department covers the entire West Pakistan as per. map forming the front is-piece of this Code which shows its various Regions. The immediate control of operation is in the hands of the Governor of West Pakistan and this authority (hereinafter called the West Pakistan Government or Governments) exercises full financial control over the affairs of the department). Sections A to B and F and 0 will be printed after the integration of the Civil Services Rules. A - Organization .. paragraphs 1-1 to 1-3 omitted. B –Recruitment of officers.. paragraphs 1-4 to 1-8 omitted. C- -Promotions .. Paragraphs P9 to 1 22 omitted. D-Punishments, resignations, removal dismissal and deaths, omitted. para I. 13 to 1.37 E-DUTIES OF OFFICERS OF THE BUILDINGS AND ROADS DEPARTMENT 1-CHIEF ENGINEER 1.38. The Chief Engineer is the head Of the Department in his charge and is responsible for the efficient working .of his Department. Re is also the responsible professional adviser of Government in all matters relating to his charge or on which his advice may be desired. He is also required to bring clearly and faithfully before Government all subjects reserved for its decision lot that of the Central Government. 1.39.—-it is the duty of the Chief Engineer to arrange, where necessary, removals, transfers and postings of- (1) Regional Engineer Officers, (2) Superintending Engineers, (3) Divisional Officers, and (4) Other Gazetted Officers. 4 I .45—l .47) PUBLIC WORKS DEPARTMENT CODE [Chap I I. 45 It is the duty of the Superintending Engineer to inspect. the state of the various works within his Circle, and to satisfy himself that the system of management providing is efficient and economical, that the different articles in stock are duly verified according to he rules laid down, and that there is no accumulation of stock in any division beyond its requirements. He is also responsible that no delay its to occur in the submission of Completion Reports or completion statements) where necessary. (See paragraph 2. 117). I.46 The Superintending Engineer is required to ascertain and report on the efficiency of the subordinate, offices and petty establishment, and to see that the staff employed in each Division is actually necessary and adequate for its management. He will also examine the condition of surveying and mathematical instruments at the headquarters of Divisions. He will inspect each Divisional Office in his Circle at least once in a year to examine initial accounts, accounts of stock, tools and plant and stock manufacture, 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. The Superintending Engineers should submit invariably a report to the Regional Engineer Officer intimating whether the inspection discloses any serious irregularities or other matters of importance, which the Superintending Engineer considers should be brought to the notice of Regional Engineer Officer, or on which orders are required. I .47 Although the Audit Officer is required to make inspection of the account offices of disbursing officers, this does not relieve the Superintending Engineer of responsibility for the maintenance of the authorized system of accounts throughout his circle. The Audit Officer and the Superintending Engineer should assist each other in rendering the management of the accounts of the department as perfect as possible. The Superintending Engineer should also examine the books of Divisional Officers and their subordinates, and see that matters relating to the primary accounts are attended to personally by the Divisional and Sub-Divisional Officer and that the accounts fairly represent the progress of each work. It will also be his duty to examine the registers of works, so as to keep a vigilant watch over the rates of work, and when he considers it necessary, he may require a Divisional Officer to report to him monthly or at longer intervals, on a works slip, W. P. A 5 Chap I) ESTABLISHMENT ‘1 DUTIES OF OFFICERS 1.48 Form 39 the total expenditure to date under each sub-head of a work compared with the sanctioned estimate. It will thus be seen that its rests with the superintending Engineer to investigate excesses over sub-heads with a view to deciding whether or not a revisal estimate is required for the work. When a revised estimate is required it will also devolve on the Superintending Engineer to see that it is submitted in due time to the sanctioning authority. See paragraphs 1 ‗63 and 2- 110. 1-48 (1) (a) Transfer within Circle Superintending Engineers are empowered to transfer and post all members of establishment within their circles with the following exceptions (a) Divisional Officers. Divisional Accountants. (c) Officers other than the above who have been specifically -posted by tie Chief Engineer and the Regional Engineer Officer to a particular post for some special reasons. Transfer of such officer requires Regional Engineers officers approval. (d) Transfer outside Circle Superintending Engineer should try to arrange mutual transfers of non- gazetted establishment, for personal or other reasons, in direct communication with the Superintending Engineer of the circle concerned. the case of establishment borne on provincial cadres, the transfer should be reported to Regional Engineer officer for information. If a mutual transfer cannot be arranged within four month a report should be made in the case of establishment borne on Provincial cadres to the Regional Engineer Officer for orders stating the action already taken. Mutual transfers of the following Gazetted and non- gazetted establishment must not be arranged by Superintending Engineers. These cases must be reported to Regional Chief Engineer for orders:- (i) Overseers Officiating as Sub-divisional Officers. (ii) Circle Superintending and Circle Head Draftsmen whether permanent or officiate. 6 1.49-1.53 PUBLIC WORKS DEPARTMENT CODE CHAP - I When - arranging mutual transfer , Superintending Engineers must see that members of establishment borne on Provincial cadres are not taken back in a circle in which they have already had a long stay, or it which their home district or property lies Before a transfer is made both Superintending Engineers must satisfy themselves that the individual concerned has not been posted to, or previously transferred from their circle for part particular reasons orders of Regional Chief Engineer are needed before a retransfer is, carried out. I .49 Superintending Engineers are responsible for the engineering character of every work which they approve, and, in submitting any report design, estimate, or other documents to the Regional Engineer officer will invariably state their own opinion and recommendations on the subjects, in particular as to the suitability of the designs and the reasonableness of the rates. They should also have estimates checked and compared With the drawings, (2) Superintending Engineers may be required to exercise, in addition to their ordinary duties, supervision over 10031 fund expenditure in communication with the Civil Officers. 1.50 Besides regular tours of inspection, it is the duty of Superintending Engineers to proceed to any place in their circles to report on any important design or work, or any serious accident or threatened danger connected with the works within their charge. 1.51 Superintending Engineer is authorized to cones- pond direct with any of the local authorities, civil or military, within his Circle He will address General Officers Commanding Divisions or Brigades through their Staff Officers, and all other officers direct. III— SUPERINTENDENTS OF WORKS I 52-Deleted. IV-DIVISION OFFICERS 1.53 The executive unit of the Department is the Division, in charge of a divisional officer who is usually an Executive Engineer and is responsible to the Superintending Engineer, for the execution and management of all works within his Division. The number of Divisions, permanent or temporary, is fixed by the Government of West Pakistan for the Department according to its requirements, provided 9 CHAP I) ESTABLISHMENT DUTIES J OF OFFICERS [1.64-1.70) 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 works slip. It will not be necessary for the Divisional Officer to submit the works slip in cases in which he can finally pass excess over estimates as per powers detailed in Annexure ―A‖ to Chapter II of this code. 1.64 The Divisional Officer is responsible that the surveying and mathematical instruments in his Division are properly eared for, and will report on their condition to the Superintending Engineer at the and 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 subordinates responsible for the damage. 1-65 It will be the duty of the Divisional Officer to furnish Treasury and Sub-Treasury .Officers, after due inspection, with the certificate, prescribed in Article 9 of the Resource Manual as to the security of strong rooms used or proposed to be used for the storage of coin. 1.66 The Divisional Officer, in addition to his other duties, will consider himself to be the ex-office professional adviser of all departments of the administration within the limits of his charge. He will transact business of this sort with the Chief military or civil authorities within his Division, but it is incumbent on him to see that no undue formalities or comparatively unessential projects are allowed to interfere with the performance of those duties which are necessary or urgent. I. 67. Divisional Officers may, where the services of an officer of the Military Engineer Services are not available, be called upon by General Officers Commanding Divisions or Brigades to be members of committees appointed to select sites and determine general boundaries of cantonments. 1.68. At stations where there are no ordnance or military works workshops, repairs to ambulance wagons and tongas will be carried out by the Buildings and Roads J)department. 1.69 . Divisional Officers will address Officers Commanding Divisions, Brigades or Stations through their Staff Officers. V—SUB DIVISIONAL OFFICER I. 70 The Division is divided in to Sub-Divisions Incharge of Sub-Divisional Officers who may be Executive Engineers, Assistant Executive Engineers, Assistant Engineers or where no. such Officers are available, Engineer Subordinates; they 10 I.86 PUBLIC WORKS DEPARTMENT CODE [CHAP-.1 are responsible to the Divisional Officer for the management and execution of works within their Sub-Decisions and are his assistants. No. Sub Division can be constituted in the first instance with out the sanction of Government F—ALLOWANCE ADVANCES AND COMPENSATION Paragraph 1.72 to 1.79 Omitted G Leave Paragraph 1.80 to 1.85 Omitted H— EXAMINATION I—TRAINING AND EXAMINATION OF ENGINEERS I .86. The following departmental examinations are compulsory for the classes of officers noted against each:— 1. Professional Examination to be passed within three years of joining the appointment by the members of the Punjab Services of Engineers (Classes I and II), Khairpur Service of Engineers (Classes I and II), Sind Services of Engineers (Classes I and II Provincial Service of Engineers, Class I and Class II of old N.-W. F. P. and Temporary Engineers of all Integrating Units (including Temporary Engineers of old Baloushistan States Union) and by other permanent and temporary Engineers (of all ranks); and within three years, to be reckoned as per details given in paragraph 1.90 by members of the Subordinate Engineering Service. No member of the latter service will be considered eligible for promotion to the P.S.E., Class II, Buildings and Roads Department, unless he has passed the Professional Examination 2. If an officer fails to pass any of these examinations with in the prescribed period, his increments will be withheld and will not be granted with retrospective effect, on his passing the examination on passing the examination on he will, with effect from the date following that on which the examination ended, be entitled to the rate of pay corresponding to his length of service. If a member of the Subordinate Engineering Service in the Buildings and -Roads Department fails to pass the professional Examination with in the prescribed period, he shall be reverted to sectional, charge. If, however, his failure to pass be due to circumstances beyond the control of he officers or subordinate, Government may extended the period for hint 3. The names only of successful candidates will be intimated the Secretary to Government. West Pakistan, Irrigation, Communications and Works Department. Note- The date of joining appointment for the purpose of this paragraph is date from which pay is drawn (in the case of officers required in Europe , the date from which after arrival in West Pakistan, pay is drawn). 1l CHAP.I ESTABLISHMENT EXAMINATIONS (1.87-1.90 1.87 (1) An officer appointed to the Department as Assistant Executive Engineer, Assistant Engineer, or Temporary Engineer shall be required, during the first two years of his service, to write up the accounts of a Subdivision himself for three months, and he shall shortly, thereafter‘ be posted to a Divisional Office for a short period to learn how the Sub-Divisional accounts are dealt with there and in the accounts of the Division. (2) No exemption will be allowed to any officer recruited in or outside Pakistan. on the recommendation of the Superintending Engineer, however, the Chief Engineer may exempt an officer who, before appointment to the Department, had previous experience in the procure relating to initial accounts sufficient to justify exemption. (3) Officers already in the Department are exempted from the operation of rule I above as also those who have been promoted from the Subordinate or Temporary Engineer Establishment to the various cadres of Services of Engineers. 1.88 Deleted. II—Professional Examination 1. 89. The Departmental Professional examination is intended to show that officers are acquainted with the processes of preparing materials and modes of construction; that they have a good knowledge of the resources of the districts in which they have been employed as to materials, the best mode of applying them, and their cost, and that they understand the management of labour and have made themselves acquainted with the account rules and procedure of the Department. No theoretical points should be introduced, such as would in practice be met by resort to ordinary books of reference. 1.90. The following rules and procedure are laid down for Buildings and Roads (including Public Health Circle and other Special lines )Department in regard to the Professional Examination to be passed by members of the Punjab Service of Engineers (Classes I and II) Bahawalpur Service of Engineers (Glass I-and II) Sind Service of Engineers (Classes I .and II), Khairpur Service of Engineers (Classes I and II), Provincial Service of Engineers, Northwestern Frontier Province (Classes I and II), Temporary Service of Engineers -of Old Baluchistan State Union, Subordinate Engineering Service, other permanent and temporary Engineers (of all ranks) and all Consulting Architects, Assistant Consulting Architects, Provincial Town Planner and Assistant Provincial Town Planner within three years which will count . 14 1.90 PUBLIC WORKS DEPARTMENT CODE [Chap. I Subject Total Marks (iv) Accounts and office procedure (1 written paper, 3 hours ) 100 (v) General Oral Examination 50 Total 400 Electrical and mechanical- i. Materials and construction (I written paper, 3 hours 100 ii. Electrical installation and equipment in Government 50 Buildings for candidates of electrical and Mechanical Divisions only iii Advance Electrical and Mechanical Engineering generation transmission and distribution of Electric Energy including Meters and instruments for candidates of electrical and Mechanical Davison only 100 (iv) Accounts and office procedure( I written paper, 3 hours 100 (v) General oral examination ... 50 Total. 400 Town Planning.— (i) Historical aspects of Town Planning .. 75 (ii) Principles of Town Planning and its : practical application including Design of Layout Schemes .. 75 (iii) Surveying .. 50 (iv) Town Planning In relation to- (a) Engineering including Roads, Drainage, Water Supply Electric Installation. (b) Architecture including civil centre roads including Parks and Gardens furnishing and illumination thereof. N.B (a) for Engineers qualified in town planning and 50 (b) for architects qualified in town planning (v) laws and practice of town planning 100 (iv)General oral examination 50 Total 400 15 Chap. I ESTABLISHMENT EXAMINATION (1.90 Subject Total Marks (i) Historical Aspects of Architecture.. 75 (ii) Principles of Architecture and their application. 50 (iii) Design of a building to be drawn to a scale of 8 feet to an inch and working drawings including half inch and full size details together with specification estimate 100 (iv) Theoretical and Practical Buildings Construction 75 (v) Drainage Water Supply and Electricity. 50 (vi) General Oral Examination. 50 Total. 400 Note (l) Paper I above for Buildings and Roads, General Line, Public Health and Electrical and Mechanical will contain questions in all out of which 3 shall be common to all the candidates and the remaining 6 shall be separate for candidates from the General Line, Public Health. Circle and Electrical and Mechanical Offices. (2) Examination in paper General) Examination shall be held separately for Buildings and Roads Department, General Line, Public Health Circle and Electrical and Mechanical Offices candidates. (e) In order to pass, a candidate must obtain not less than 50 percent marks in each subject and an aggregate of not less than 60 percent of the total marks in all subjects. A candidate who fails in only one subject, but obtains not less than 66 percent of the total for other subjects, may be permitted to appear ―again in the subject in which he failed In such cases he must obtain not less than 60 percent in that subject in order to pass. . . (f) Details for the conduct of the Examination (i) The candidates will be provided with section paper, so that question involving engineering design may be answered by neat sketches with explanatory notes (ii) Each candidate will be expected to bring his own drawing instruments and scales to the Examination Considerable importance will be attached to the neatness and accuracy of the sketches. 16 1.91-1.94) PUBLIC WORKS DEPARTMENT Chap. I (iii) The answers to the questions must be written so as to leave one quarter margin on which the examiners will record their masks against each question. (g) In the event of the Secretary to Government, West Pakistan, Irrigation, Communications and Works Department, deciding that an Officer or a member of Senior Establishment Service has passed this examination, a notification to this effect will be published in the West Pakistan Government Gazette. I-EMPLOYMENT ON LOCAL FUND WORKS 1.91. Members of the Department may be employed on Local Fund Works subject to the values in the Civil Service Rule of West Pakistan and to the rules in the- following paragraphs. 1.92. Members of the Department employed in an executive capacity upon Local Fund Works may be divided -into three classes, viz. – 1st— Those- detached for the sole purpose of Superintending Local Fund Works, and placed under the orders of the local civil authorities or local boards and paid entirely from local funds. 2nd— Those employed wholly on Local Fund Works which are constructed under the administration of - the Chief Engineer and according to the rules of the department. 3rd— Those employed partly on Provincial, and partly on Local Fund Works. 1.93. Subject to the, condition in paragraph 1.94 Engineers or Overseers may at their own option and subject to the sanction of Government be permanently transferred to the first of these classes. Such persons will be treated as super numerations. 1.94. Any Engineer or Overseer permanently transferred can return -to the Department in his former grade only at the discretion, of the Government of West Pakistan but ‗whenever his services are required, he may be- brought back to the regular establishment of the Department by the order of- the Government in ‗the same or any higher grade it may think suitable, subject to the usual conditions regarding examinations, and the fixed proportions of the grades, if any. 19. Chap. I] ESTABLISHMENT TEMPORARY 1.102-1.105 AND WORK CHARGED 8.42 of Civil Service Rule (Punjab), Volume I, Part I extracted and reproduced in Annexure ‗B‘ to this chapter, or the corresponding rules of the other, integrating units. 1.102 Government orders regulating applications for:- (a) Private employment; (b) Employment, in other Departments of Government or under other Government; (c) Permission to appear at examination for recruitment to services or posts; K—EMPLOYMENT OF TEMPORARY AND WORK charged ESTABLISHMENT I—Temporary Establishment I. 103. (1 In order to meet the demand for extra supervision which may arise from time to time, as well as to. insure that the Buildings and Roads Establishment shall be capable of contraction as well as of expansion as the expenditure on works diminishes or increases, the permanent establishments may be supplemented by temporary establishments to such an extent as may be necessary, and varying in strength from time to time according to the nature of the work to be done. (2) Temporary establishment will include all such nonpermanent establishment, no matter under what titles employed as is entertained for the general purposes of a Division or a Sub- Division, or for the purpose of the general supervision, as distinct from, the actual execution of a work or works. (3) All persons so engaged must be required to sign the declaration indicated in paragraph 1.105 Petty establishments and establishments whose pay is charged to works under paragraph 1.107 are exempted from submitting temporary service declarations. 1.104. The power to sanction temporary establishment has been delegated to the authorities named and to the extent specified in Finance Departments circular letter No. F.D.O.I.E.R) 16/59, dated 12 th January 1969, as specified and reproduced in‘ Annexure B to Chapter II to this code 1.105 Persons engaged against the temporary establishment will be on the footing of monthly servants and they must be clearly informed in writing that their employment carries with it absolutely no claim to pension, to any leave except under the rules framed by Government and they must be required to sign a declaration that this is clearly understood 20 1.106—1.107 PUBLIC WORKS DEPARTMENT CODE [CHAP by them. If they are engaged for a special work their engagement lasts only for the period during which the work lasts. If discharged, otherwise when for serious misconduct before the completion of the work, they will be entitled to a month‘s notice or a month‘s pay in lieu of notice; but otherwise with or without notice, their engagement terminates when the work ends. If they desire to resign their appointments they will be required to give a month‘s notice of their intension to do so or forfeit a month‘s pay in lieu of such notice. The terms of engagement should be clearly explained to men employed in circumstances mentioned above. Proviso— In the case of persons officiating in a temporary vacancy their services may be terminated without notice at any time. 1.106 within the limit of their power of sanction, as laid down in Government of West Pakistan Finance Department letter No, FD.SOI (S.R) 757/58 dated 1st November 1958 as reproduced in Annexure ‗B‘ to Chapter U, the appointment, pay, promotion and reduction of all classes of temporary establishment will be regulated by the authorities competent to make appointments. In order, however, to secure uniformity, rates of pay and promotion will be regulated in accordance with general orders laid down by the Chief Engineer. II. Work Charged Establishment 1.107. Works establishment will include such establishment as is employed upon ‗to actual execution, as distinct from the general supervision, of a specific work, or of sub- works of a specific project, or upon the subordinate supervision of department labour, stores and machinery in connection with such a work or sub-works, provided that as an exception to the above miseries and mates employed in the interests of Government on the technical supervision of contractors work and khalasis attached to subordinates for assisting them on works will be treated as work-charged establishment. When employees borne on the temporary establishment are employed on work of this nature, their pay should for the time being, be charged direct to the work. (2) Works establishment does not include Clerks, Draft man, Subordinate or extra establishment of any kind for the Divisional or Sub-Divisional offices, such establishment being properly chargeable to temporary Establishment but where Dak Runners are employed solely for a particular work of a temporary nature, for a period not exceeding six months they may be treated as work-charged establishment. 21 ESTABLISHMENT TEMPORARY 1.106-1.109 AND WORK CHARGED (3) The Chief Engineer, Regional Engineer Of officers and Superintending Engineers are empowered to classify as ‗Works‘ or ‗Temporary‘ those classes of establishment about whose correct definition there is a doubt) subject to the concurrence of the Audit Officer and to the proviso that general principles for entertainment of such establishment are not infringed (4) Chief Engineer, Regional Engineer officers and Superintending Engineers are authorized to waive the rule which requires that works establishment must be employed on a specific work and to determine, in such cases the proportions in which the cost of such establishment shall be allocated between the works concerned. Note— As an exception to the general role, the cost of khalasis attached to sub ordinates may be charged to annual maintenance and repairs or other estimates in which maintenance and repairs or other estimates in Which provision for it has been suede with the sanction of the superintending Engineer. (5,) The cost of works establishment must be shown as a separate sub-head of the estimate for a work. (6)All pay bills for work-charged establishment shall be pre-audited by the Divisional Accountant and approved by the Divisional Officer before payment. Before a member of the work-charged establishment whose services have been dispensed with, is settled up, the Sub- Divisional Officer should invariably ascertain from the Divisional Officer if there are any Out standings against the man. (7) Members of the work-charged establishment, other, than Road Inspectors who are engaged on the footing of monthly servants will be subject to discharge at 10 days‘ notice except in the case of serious misconduct or gross inefficiency when no notice will be given), or on payment of pay for 10 days or for such period up to this extent as may be due to them in lieu of notice. Should they desire to resign they will be required to give 10 days‘ notice or forfeit pay for this period or for such period up to this extent as may be due to them in lieu of notice. 1.108. The powers of the various officers of the Buildings and Roads Department to sanction the entertainment of work charged establishment are specified in Annexure ‗A‘ and ‗B‘ to Chapter II of this Code. 1-109 . A work-charged employee is not entitled to any pension, leave or travelling or other allowance except in the following cases:- (1) (a), The work-charged establishment by the very nature of their duties cannot be treated as permanent Government employees.. It has been decided 24 1.112-1-119 WORKS DEPARTMENT CODE [CHAP. I (2) The cost of all treasure guards (Police establishment) when recruited, controlled, and paid, by the Buildings and Roads Department, will form a debit against the department and should be charged as petty establishment in the monthly bills of the Division, or against the special work for which they may have been engaged . 1.112. . Divisional and Sub-Divisional Officers who have charge of public money may be allowed, as part of their establishment, a treasure guard, the strength of which will be fixed according to the circumstances in each case by the Chief Engineer, after obtaining the previous, approval of the Finance Department. (2) These guards should ordinarily be employed only for the custody and escort, of Government treasure, but may also be employed to carry specially valuable documents. M—MEDICAL ESTABLISHMENT I—GENERAL 1.113. The Provincial Medical Service is divided into TO) branches, one for Medical Officer and the other for Assistant Medical Officer. The requirements of the Department will, as a rule, be met from the Provincial ‗establishment but on occasions when the service of a Medical Officer or Military Sub Assistant surgeon in Civil employment cannot be made available, a Military Sub Assistant. Surgeon may be obtained by, application to the Director-General, Pakistan Medical Service, through the Director, Health, Services West Pakistan. 1.114. Medical Officer or Assistant Medical Officer will be allowed as a part of the Buildings and Roads establishment, and furnished with medicines at the public expense, wherever any large body of workmen is collected together. Sanction., to their appointment must be obtained under the usual rules, regarding increases of establishment, and application for the service of individuals to fill sanctioned appointments will be made through Superintendent Engineers to the Director, Health Services, West Pakistan. 11.-Pay and Allowances of Medical Establishment 1.115. Deleted. 1.116. Deleted 1.117. Deleted. III-Leave, Retirement anti Resignations M. Os & 1.118. Deleted. IV—Removal 1.119 Deleted 25 CHAP I] ESTABLISHMENT-MISCELLANEOUS 1.20-1.123 RULES N- MISCELLANEOUS RULES 1—Personne 1.120. Officers of the Indian Service of Engineers and -other officers appointed by the Secretary of State before the introduction of Provincial Autonomy in 1937, are liable to a serve in any part of Pakistan unless stipulated otherwise in -their agreements. All other Officers of the Buildings and Roads Department are liable to serve anywhere within the West Pakistan and the Pakistan States in which works are being executed under the administrative control of the West Pakistan Government or in - which works controlled by that. Governments are situated unless otherwise expressly stated in their agreements. 1.121. It is a breach of the Government Servants Conduct Rules for a Government servant to have a personal financial interest in a work for which he is responsible to Government In the Buildings and Roads Department it is forbidden -the Government Servant on. behalf of Government issue a -work order to sign a contract in favour of, or buy materials for Government work from any person who is related to him or in whose activities he is privately interested. For the -purpose of this rule, the term ‗related‘ is to be interpreted as including relationship both close and emote. 1. 122. Every member of the Department, whether civil -or military, must consider that his pay, for the time being. or as defined in any agreement, is his also legal remuneration, and that the receipt of commission, or any consideration, directly or indirectly on account o 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 .See also paragraph 1.98 Note— The rule regarding the grant of honoraria from general revenues and the acceptance of honoraria and fees from a source other than general revenues are contained in rule 5-49 to 5.96 to C. S. R., Punjab, Volume I part I as reproduced in annexure I to Chapter III of this code or corresponding rules of other in integrating unites . II-COMPLAINT AGAINST OFFICIALS 1.123. No anonymous Communication regarding the - conduct of any Government officer shall be acted upon without the permission of Government, excepting an far as to Endeavour to remove any apparently well founded causes of complaint which do not affect the character of individuals. With the above exception, every complaint by or against any person in the department must be received, if allegations of a definite nature, which can be verified, are medical enquired into by his superior officer. 26 1.124.—1.125) PUBLIC WORKS DEPARTMENT CODE [Chap. I 111—Procedure in regard law units 1.124. When any officer or subordinate lathe department is personally sued in any Civil Court, by parties claiming from him wages or money arising out of transaction 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 suits against such officer, and it would be no defense for the officer sued 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 principle, The distinction is between suits on contracts and suits wrongs. In case of the latter kind, it will remain with Government to determine whether it would be just and proper that the defiance should be carried on at the expense of Government .The course should ordinarily be adopted only in cases where there is on 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 defence, the question of Government contributing towards the cost of the defence 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. (2) Principles as to the conditions in which Government which pay the cost of defiance of its servants in criminal proceedings, are laid down in Chapter 12 of the Punjab Law Department Manual (1938)or the corresponding rules of the Law Manuals of other integrating Units. 1.125. An officer receiving a subpoena to produce official documents in a Court of Law should, provided the documents be 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 at the head of his Department. (2) The following instructions should be observed hen any Government servant is summoned to produce Government files in a Corn‖. of law for the purposes of evidence- (1) The law is stated in sections 123,124 and 162 of the Evidence Act under section 162, a Government servant if summoned by a Court of law as a witness to produce a document in his possession and power must brig it to the Court. ―Document‖ is defined - 29. 1 .125] ESTABLISHMENT MISCELLANEOUS CHAP-I RULES it is considered desirable to produce correspondence relating to matters, which are usually regarded as a confidential, the necessary reference should invariably he made to higher authority. (6) The head of the office, from whom the production of document has been demanded, should abstain from entering into correspondence with the presiding officer of the Court concerned in regard to the reasons for which production is required. His correct procedure is to appear either personally or to arrange for the appearance of a Clerk, in the Court concerned with the requisitioned documents and either to agree to the production of the documents in evidence or to claim privilege according to the decision he has reached in pursuance of the principles enunciated in paragraphs 3 and 5 above. If he claims privilege he should produce or arrange for the production of, a certificate in the font given in sub-paragraph (7). Note —The underlying principal on which the claim of privilege for unpublished official records relating to affairs of state rests is that, while the right decision of case is undo beadily a matter of high public interest there re documents and even classes of document in the case is in the custody of Government it whose protection from publication might be of even grater importance to the public interest .Accordingly in each case of the relevant kind the authority concerned must weight the interest of justice in the particular case against the arger public interest in .In deciding weather or not to claim privilege the possibility of Government gaining a pecuniary or advantage by with holding documents should however carry no weight (7) The Government servant who has to attend a Court as witness with a file should be given an order, duly signed by the head of the department or head of office concerned, in the form below .When called to the witness-box the Government servant thou d produce this order and say that he is not it at liberty to produce the documents before the Court, or to give any evidence derived from them. ORDER SUMMON FROM THE COURT OF THE_____________FOR THE PRODUCTION AT _____________ OF THE OFFICER FILES RELATING TO THE ______________ (a) I direct__________________ to appeal 30. Chap. 11 PUBLIC WORKS DEPARTMENT LODE [1.126 with the flies mentioned in the summons a brief description of which is given below and to claim privilege for them under section 123 of the Evidence Act. * (b) Having examined the documents mentioned in the summons I withhold permission to give any evidence derived from the files for which privilege is claimed under this order. It should be represented to the court that these files contain unpublished official records relating to the affairs of state for the purpose of section 123 that, in view of the provisions of section 162 of the Evidence Act, the files are not open to the inspection of the court. Head of Department Dated ____________________ the_______________________ * Hero insert a brief desorption of the nature of the documents summonsed together with the reasons for claiming privilege for example this document is a report of a criminal investigation Department officer making a secret inquiry into a case of fraud and it is undesirable in the interests of the inquiry that its contents should be disclosed. (8) It should seldom be necessary for a Civil Court to sent for files of a Government Office or for the record of a court. In many cases, a certified copy is sufficient (Sections 65 and 77 of the Indian Evidence Act). in cases where the production of an office file or a - public document in evidence is considered necessary and court calls for such file or document and desires to retain it as a part of the judicial file, the attention of the Presiding Officer should be drawn to the provision of Rule 5, order XIII of the Code of Civil Procedure. Under sub-clause (2) of this Rule it is open to a court, in cases where a document is an entry In a public record, to require a copy of the entry to be furnished by one or other party to the vase. Sub-clause (3) of the same Rule further lays down that the document n which the re event entry occurs shall ,after proper examination and certification of the copy, be returned to the person producing it. (High Court‘s letter No.47148- R/XX-C/16, dated the 23 rd Mat 1938 and No.9917-R/XX-C/16,dated the 24 th November 1941.) 1126. Supervision of the legal affairs of the department is exercise by the Solicitor to whom references should be made through the Chief Engineer except in regard to certain .Civil suits for which the superintending Engineers are controlling authority under rule 15.1 and 15.2 Chapter 15 of the law Department. 31. Chap. I) ESTABLISHMENT MISCELLANEOUS 1.127 RULES (2 The conduct of all civil suits affecting Government or its officers in their officinal capacity, will be in accordance with the rules contained in the Punjab Law Department Manual, and corresponding rules of other integrating units. I V—Security Deposits 1.127 The classes of Establishment specified below must furnish cash security, the amount. (which will be subject in all cases to the minimum prescribed against each class) being fixed by the Chief Engineer. Regional Engineer Officer (in case of his office establishment ) and the Superintending Engineer (in case of men employed in his circle), with reference to the amount of cash or value of stores which each individual is to handle from time to time or according to the circumstances and local conditions in each case. 1 Cashiers, Permanent and temporary Rs. 500 plus two sureties, of Rs. 1, 000 each (The persons standing as sureties must own immovable property ) 2 Storekeepers Rs.250 3 Sub Storekeepers The amount to be fixed in each case by the Chief Engineer regional Engineer Officer in case of his establishment and by the superintending Engineer in case of Establishment employed in his circle 4 Other establishment entrusted with the custody of each of stores 5 Store Munshi Rs.220. At the time of appointment. 6 (a) Temporary subordinates Rs.300 (Rs.1000 at the time of appointment and a bond with two sureties for the remaining sum of Rs.200 to be paid in 20 monthly in stamens of Rs.10 each the bond to be cancelled on completion of full security . (b) Temporary sub Rs. 50 at the time of appoint ordinates employ on department survey work. 34 1.135-1.137 PUBLIC WORKS DEPARTMENT CODE [Chap. I the West Pakistan Government or the Central Government, 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. All Gazetted Officers may‘ write direct to the Director (Establishment) about personal matters when no reply is required. (2) Officers are similarly prohibited from approaching members of Legislatures or Ministers either personally or through the medium of a friend or relation or to disclose to them information of which their knowledge is official and not personal. 1.135. Letters containing proposals concerning other departments should, so far as is needful, be accompanied by reference to the opinion of the officer concerned (in the case of a building, of the officer occupying it) and of the head of the department on the spot. 1.136. Demi -official correspondence should be made use of sparingly and only in cases of extreme urgency or secrecy, or to supplement and explain a matter which has been or is about to be, referred officially. (2) No demi-official correspondence should be quoted or referred to in official communications, and, unless such ‗correspondence has been brought on record with the approval of Government, order conveyed in it cannot be regarded as being the official orders of Government. It is, therefore, necessary that all instructions which have in the first instance, been conveyed demi-officially should be confirmed in an official communication. 1.137. The following rules prescribe the methods of dealing with secret and confidential correspondence; maps and books should be treated in the same way (I) In all offices, care should be exercised in deciding whether a particular documents is to be classified as ‗secret‖ or ―Confidential‖ or not and the decision should invariably be made by a responsible authority. While it is essential that all papers, the contents of which are in reality secret or confidential, should be so treated in every offer to which they are sent, it is also very desirable that the same treatment should not be extended, as is often the case, to papers whose contents are neither secret nor confidential. An indiscriminate use of these designations produces much unnecessary trouble and waste of time, and has its danger intending to lessen the attention which is paid to them. Papers may 35 Chap. I] ESTABLISHMENT-MISCELLANEOUS 1.137 RULES Sometimes be secret or confidential only until the occurrence of .some particular event or announcement, and in such cases it is useless to continue afterwards to treat them in this way. (ii) Secret documents, being intended only for the personal information of the Government or individual to whom they are issued or of those officers whose duties they affect, should be kept by the officer, to whom they are addressed, in his persona) custody. The documents should be locked in a safe or other receptacle, of which the officer should himself keep, the key or keys. A list of such documents should be maintained by him and also of confidential correspondence kept by him (if any) and when relieved of his appointment, he should hand over the keys and he list to his successor. An exception may be made in the case of the Secret Police abstracts, which may be treated as if they were marked confidential. (iii) Confidential correspondence should ordinarily be kept‘ ‗in office under lock and key ‗in the custody‘ of the Superintendent or Head Clerk but the officer to whom the correspondence is ‗addressed will exercise his discretion, as to the necessity of retaining it in his own personal custody. (iv) The Superintendent or Head Clerk will keep tinder lock and key all confidential documents in his custody and will maintain a proper receipt, issue and return register therefore. (v) On taking over charge on transfer, an officer should show in his transfer report that he (a) has received all the documents shown in the list referred to in rule (ii) above, and (b) has seen documents shown by the Superintendent or Head Clerk‘s‘ register to be in the custody of the Superintendent or Head Clerk. Any irregularities noticed should be included in his report. A new Superintendent or Head Clerk on receiving charge will report to his ‗superior officer whether he has received/in good order (or otherwise), all the ‗confidential correspondence made over to him by his predecessor. (vi) The list ad register referred to ‗above should be periodically examined with a view to destroying, or amalgamating with general (Correspondence any correspondences. (other than maps or books) which has ceased to be secret or confidential. .36 1.138-1.139) WORKS DEPARTMENT CODE [Chap. (vii) No hard and fast rules need be laid down for the copying and issue of confidential letters, it being left to the discretion of the officer to decide by whom the work may safely be done. (viii) When confidential papers are sent out of an office they should be put into double sealed covers The inner one should be marked ―confidential‖ and be superscripted. whenever this is possible, with the name of the addressee, who alone should open it The outer cover should have no marking any kind on it to indicate that its contents are of a confidential nature and should bear the official designation of the addressee only Letters or packets containing se ‗ret or confidential papers should unless the resultant delay is fatal to the object in view, invariably be registered, and those containing secret papers should also be sent acknowledgement due Certain secret and confidential books, reports maps, ete, are issued by Army Headquarters direct to the Heads of Provincial Government and Administrations who are held personally responsible to the Chief of the General Staff for their safe Custody Instructions have been issued by the Chief of the General Staff for the custody and disposal of such papers, and these instructions should be carefully observed Subordinate officers to whom these secret documents are entrusted by the West Pakistan Government should observe the same instructions. I. 138 The scale of typewriters allowed for use in the various offices of the Buildings and Roads Department is given in the Printing and Stationery Manual Machines required in excess thereof can only be purchased with the previous sanction of Government an the Irrigation-Communications and Works Department with the approval of the Finance Department. (2) Only machines of patterns approved by the West Pakistan Government-vide paragraph 11.1 of the printing and Stationery Manual may be purchased. Typewrites of other patterns already in use may be retained until‘ they become unserviceable and are condemned. VIII-PERIODICAL RETURNS 1.139 With regard to periodical returns not prescribed by Government Officers to whom such returns are submitted should institute, at convenient interval. 40 [2.2) PUBLIC WORKS DEPARTMENT CODE [CHAP. I residential buildings may be classed as repairs. This is subject to the conditions that the rental value of the building calculated according to Annexure ‗B‘ of this Chapter or the equivalent rules of corresponding Civil Services Rules of other integrating units shall not exceed 10% of the average is intended. (5) When an existing portion of a road, road bridge causeway, embankment, ferry approach, protective or training work in connection with a road is to be replaced or remodelled (whether or not the change represents any dismantlement) and the change represents a genuine increase in the value of the property, the whole cost of the replacement or remodeling, as the case may be, should be classed as ―original work‖ and the cost or value of the portion replaced or remodeled should not be debited to ―repairs‖. Exception—Petty and miscellaneous items of work, as hereinafter described, which ordinarily should be classed as ―original work‖ should be debited to repairs up to a limit of Rs. 10,000 in any one case; provided that the work in question do not in the opinion of the Superintending Engineer form part of any comprehensive scheme or project coveted by a work‘s estimate. (a) Super-elevation at curves. (b) Widening the formation or carriageway of a road; widening a dram, or cutting back a lull side to improve vision at curves, provided that the acquisition of land is not involved in any case. (c) (Improvements of alignments or gradients or changes of grade Irish bridges or dips, carried out at the time of renewing a surface, provided that the question of land is not involved in any case (d) Improvements to or reconstruction of the surface of a road in some different material where it is desirable to carry out such improvement or reconstruction at the time of renewing a surface. (e) The construction or reconstruction of road surface in different materials for the purposes of experiment . (f) The construction or remodeling of bridges, ç culverts, causeways, embankment; ferry approach, project or training works in connection with a road. 41 Chap. -II] WORKS —ADMINISTRATION APPROVAL 2.3-2.3) AND TECHNICAL SANCTION (g) ) Providing additional guard stones at bad curves and on high banks. (h) Providing ordinary road direction posts, caution or danger boards and gauge posts for indicating depth of water over causeways and Irish bridges. (i) Surveys of land in charge of the Buildings and Roads Department for the purpose of verifying encroachments or the execution of minor works, provided that no special Establishment is engaged thereon. (6) In addition to all repairs and renewals in manner similar to that pre-existing, the following items of road work should be closed as ―repairs- (i) (Ordinary repairs and maintenance including: surface painting and the necessary addition of stone chips, gravel or sand but not including ash phaltic concrete, premix asphalt, macadam, bitumen grout, bitumen, semi grout, mix-in-place cement concrete or cement macadam. ii) Special repairs and periodical renewals (iii) Petty and maintenance of items of Work, as described in ―exception‖ to clause (5) above. 23. The maintenance of a work itself constructed from Capital funds should constitute a charge -against the same Capital head if the charge -for maintenance are incurred on a section of the work the original construction of which has not been completed . Maintenance of such of the sections of the Construction Scheme as has been opened for working should, however, be charged to Revenue irrespective of the fact whether the F whole Scheme has been completed or not Any such charge incurred subsequent to completion of the original work should however, go against Revenue. B—ADMINISTRATIVE APPROVAL AND TECHNICAL SANCTION 24. For every work proposed to be carried out except petty works and repairs as described in paragraphs 2.18 and 2.20 and repairs for which a lump sum provision has been sanctioned by the Superintending Engineer under paragraphs 2.54, a properly detailed estimate must be prepared for the sanction of competent authority this sanction is known as 42 2.5-2.6) PUBLIC WORKS DEPARTMENT CODE Chap- II The technical eviction to the estimate. (Except where definite provision is made in this Code to the contrary, such sanction can only be accorded by the Government in the Irrigation Communication and Works Department, or where power has been delegated to the Building and Road Department, by officers of that department. Sanction accorded to the construction of a work by any other department of Government is to, be regarded merely as an administrative approval of the work, as define in‘ the following paragraph, and the fact that such approval has been accorded in no way dispenses with the necessity for & further technical sanction, which must be obtained before the construction of the work is commenced Note—No work technical be started without administrative approval technical sanction and allotment of funds. 2.5. Before technical sanction is accorded as in para 2.4 above, an ―Administrative approval‖ should be obtained in the manner stated in para 2.6, for every work (excluding repairs and petty work) initiated by, or connected with the requirements of, an Administrative Department. Administrative approval will thus be concurrence and formal acceptance of Administrative Department concerned to the incurring of the proposed expenditure in the Building and Road Department, and in effect will amount to an orders to execute specified works at a stated sum to meet the Administrative requirements of that Department. Such approval should, not, however, be accorded until the processional authorities have intimated that the proposals are structurally sound and that the rough cost estimate is sufficiently correct for the purpose. A similar procedure should be followed in the case of works required to meet the administrative needs of the Buildings and Roads Department and for works at particularly connected with any other branch of the administration both the administrator approval and the technical sanction being accorded, in such cases, by the Government in the Irrigation Communication and Works Department, or officers subordinate to it Note—(l)— the words ―approval‖ and ―sanction ― respectively when used in respect of estimates for works bear throughout this code the meaning indicated in this and the foregoing paragraph. Note. (2)— Administrative approval for repairs and petty works is required in cases definitely prescribed annexure ―E‖ to this chapter. 2.6 An application for administrative approval should be submitted to the authority competent to accord it, accompanied: a preliminary report, a rough cost estimate, preliminary report information as to the site and other details ‗1 45 Chap –II works registration by civil officers 2.12-2.10 who in special cases ma obtain the services and advice of the Consulting Architect, 2.12 In cases where administrative approval for a certain sum has been accorded to a project by Government the Read of the Department concerned, should not, of his own authority and without previous reference to Government direct the Buildings and Roads Department to provide for extensive additions and alternations and thus exceed the estimated cost by, more than 5 per cent, necessitating the submission of an application for revised administrative approval 2.13. The powers of Government and of authorities subordinate to it to accord ‗ administrative approval to works are given in Rules 9.3 and 10.4 of Departmental Financial Rules (Punjab) as amended vide letter No.F.I-SOI-F(2)-/59, dated 12th January 1959 from the Government of West Pakistan, Finance Department as reproduced in Annexure A and ‗B‘ respectively to this Chapter. C—REQUISITION BY CIVIL OFFICERS I—GENERAL 2.14. Applications for new buildings, and for additions or alterations to existing buildings required for the use of any Department, should he made by the officer of the department a concerned, in communication with the Divisional Officer,- vide also paragraphs 24 etc seq 2.15. The local head of a civil department may call upon the Divisional Officer to report on any proposals for additions or alterations to the buildings in his use and to state roughly the probable cost, but Divisional Officers cannot be required, except by their departmental superiors to prepare the detailed drawings and estimates required for the purpose of technical sanction, of projects which they consider likely to cost a sum greater than that which can be administratively approved by the local ,head of the department concerned, or those, however, small their probable cost, in the necessity for which they do not concur. 2.16. The Divisional Officer must in each case exercise bus, judgment on the demand made, giving all proper weight to the opinion of the officers of the departments concerned; but it is his ‗duty to oppose any application of the funds at disposal to works about the real necessity of which he is not 46 [2.17—1.19) PUBLIC WORKS department CODE [Chap. 117 satisfied ,and in every case in which he thinks that he cannot recommended the execution of work called for by a duly constituted authority he should explain his objections, to the officer concerned, and, if he fails to convince him, should refer the matter for the orders of the Superintending Engineer At the same time he should see that such references are not made unnecessarily. 217. The actual execution of works, asked for by civil officers, must in every case be dependent on the necessary funds being specifically sanctioned by the competent authority No work shall be taken up without Administrative Approval, Technical sanction and funds. II—Procedure in regard to original petty works costing Rs. 2,500 or less. 2.18. The following procedure will be adopted in the case of new petty works or additions required by civil authorities the cost of which is not likely to exceed Rs.2,500 (j) The requisition will be made by the officer for whose convenience the work is required, in Buildings and Roads Account Form. No.32 (Petty Works requisition and Account). (ii) The Divisional Officer, or an assistant or subordinate empowered by him to act in such cases, will record on the requisition his opinion as to what work should be done, and give on the face of the requisition a rough estimate of the probable cost, (iii) The acceptance by the responsible civil officers of the estimate as sanctioned by the Divisional Officer Will be sufficient authority for the execution of‘ the work; provided that allotment of funds have been made by competent authority. (iv) In case of the civil officer not being satisfied with the report of the deputed subordinate of the department he should refer to the Divisional Officer. Note—The procedure for obtaining administrative approval laid down in pare graph 2.6 win apply in the case of petty works of the Buildings and Roads Department. 111—Procedure in regard to original works costing more than Ps. 2,500 2.19 If the work be likely to cost more than Rs. 2,500 the following procedure must be adopted. (i) The work must be applied for or reported necessary by the local head of the department concerned, who‘ 47 [Chap. II WORKS REGISTRATION BY CIVIL OFFICERS 2.20-2.21 will apply for administrative approval to the authority who is competent to accord such approval. The application should be accompanied by such sketch plans, description and explanation of the necessity for the work as may be necessary (ii) After administrative approval has been accorded by competent authority, detailed design and estimate with a proper report and a specification, must be prepared under the order of the Divisional officer and countersigned by him in token of or approval. (iii) The detail plans and estimates will then be sent to the local head of the department who applied for the execution of the work, for countersignature. The Divisional Officer will then accord technical sanction if the amount of the estimate falls within the limits of his powers or otherwise forward it to the Superintending Engineer who will, should it exceed his powers of technical sanction, for warded it to the Regional Officer who will, should it exceed his powers of technical sanction, forward it to the Chief Engineer ,and who will, should it exceed his powers of technical sanction, forward it to Government. (iii) Funds for the work must be allotted before the work can be commenced. - IV—Procedure in regard to repairs: 220. The procedure to be followed in the case of repairs is as follows:- (a) The requisition will be made by the civil officer concerned (b) The Divisional Officer having satisfied himself as to the necessity for the work shall get the estimate sanctioned and having arranged for the appropriation of funds by competent authority, will then order the immediate execution of the work. V—Limitation of sanction, 221. Nothing in these rules is to be construed as permission to officers to carry out in portions any group of work or alterations or to make purchases of which the cost in the 50) 2.23-2.25 PUBLIC WORKS Department code [Chap. II Estimate and execution of works. Divisional Officers, Incharge of buildings, will be responsible to obtain detailed estimate of Public Health and E. and Mt. works from the respective Divisional Officers before sending these for technical sanction. (7) Officers of other services,. e.g., Medical and Educational should very closely examine the plans and estimates, for buildings sent to them for approval with regard to the provision made for and the position of, sanitary and electric fittings and other fixtures so that unnecessary changes may be avoided. (8) Before detailed estimates for bridges are made, trial pits or borings should be taken for each pier and abutment. (9) It is necessary to make a careful preliminary investigation of the sub-soil it order to assertion the exact nature of the strata and determine accurately the suitability of sites for bridges, large buildings, roads,. etc., and the departs to which foundations should be taken, or the crust designed accordingly. 2.23 To facilitate the preparation of estimates, a schedule of rates of each kind of work commonly executed should be kept up in each Division, and the rates entered in the estimate should generally agree with the schedule rates, but where, from any cause these are not considered sufficient, or in excess, a detailed statement must be given in the report showing the manner in which the rate used in the estimate is arrived at. ―There will be Schedule of Rates for each Region sanctioned by the Regional Officer after the prior concurrence of the Chief Engineer, Buildings and Roads Department, West, Pakistan. Every year in July the Regional Officer will examine be rates and revise them where necessary with the prior concurrence of the Chief Engineer. After every- five years a new schedule or rates with all amendments incorporated in it shall be issued by the Regional Engineer with the approval of the Chief Engineer. 2.24. Fractions of rupees will be omitted in showing the total cost of each kind of work in the abstract of the estimate and miscellaneous petty works may be entered without measurements, the estimated cost along being given as a lump sum. 225. The abstract of the estimate may, under instructions of the Superintending Engineer, be framed to show merely the quantity and cost of each completed item or work, 51 [Chap. II WORKS –PREPARATION OF PROJECTS 2.28 e.g., brickwork, or it may be framed to show the cost of labour and materials separately. If it is proposed to contract for a completed item of work such as masonry, etc., than the first mentioned from of abstract will suffice, if it is intended to purchase or procure material and to employ labour for construction separately, then the second form of abstract will admit of a closer, easier and earlier check on the outlay and it will, therefore, be preferable. Note- When the number of sub heads of en estimate is large, it will be found convenient to assign a number to each sub-head and to prefix this number to the name of the sub-head, wherever it is used on vouchers, works abstract, registers of works or other accounts. The whole cost should be abstracted in general abstract. 2-26. (1) Provision should be made in the estimate for all incidental expenditure which can be foreseen, such as cost of land, hutments for workmen, sheds for stores, hiring of godowons Dewatering and pumping arrangements, etc., while in addition .provision of 3 per cent and 5 per cent for major -and minor works respectively on the estimated cost of works should be made to cover contingencies which cannot be foreseen. (2) The provision for contingencies may be diverted by the Superintending Engineers and Divisional Officers to any new work or repair not provided for in the estimate, to the extent shown in rule 10-5 of the Department Financial Rules (Punjab) reproduced in Annexure P. to this Chapter, (or equivalent rules of the corresponding Financial Rules of other -integrating units). (3) To cover the, cost of petty work) establishment employed on works under paragraph 1.131 of this Code, a provision of 2 per cent may be made in all estimates on the estimated cost of works in which it is deemed necessary to employ such establishment. In the case of intramural drainage, sewage and water-supply works, however, provision for ―petty establishment ―may be made‘ up to 3 per cent of the estimated cost. These percentages cannot be exceeded without the previous approval of Government (the consent of Finance Department is not presumed to the exercise of power it: under this rule). It should be understood that under the operations of this rule, work rates for such estimates should be framed so as to exclude all charges for supervision. In case of petty works where this provision of 2 per cent be considered inadequate, provision of work-charged establishment may be detailed. 52 [2. 27—2. 32 PUBLIC WORKS DEPARTMENT CODE CHAP-II 2.27 After a Major Estimate has been sanctioned, it may be decided to make a change in the method originally contemplated for the execution of the work In such a case, the original abstract should be recast. The details of cost and quantities already approved by competent authority should be re- arranged and the revised abstract should be approved by the competent authority and thereafter treated as the sanctioned abstract of the estimate for all account purposes. 2.28 If the number of sub-heads in the working estimate for a work or sub-work is large, it is permissible to break up the estimate into two‘ or more parts, and to treat each part as a sub-work for the purposes of accounts but no part of an estimate can• be separated from the rest, if any contract for the execution of work connected with it covers also work connected with the other parts. It is advisable to adopt this course if one or more parts of a work or sub-work are completely executed long in advance of the others and no useful purpose will be served by keeping open the accounts of the completed parts. Note—the rules regulating the inclusion in estimates of the approximate cast Establishment and Tools end plants are given in Sub paragraph 2 and 3 of Appendix 5 of West Pakistan Buildings and Roads Department Account Code. 2.29 The percentage rates for departmental charges carried out for other Government Departments, Local Bodies, etc., would be as prescribed by Government from time to time. 2.30. Estimates for works on which it is intended to use prison labour will, as in the ease of free labour, provide for the full market value of the work to be done, but a note of the reduction, if any, to be effected thereby should be made at the foot of the abstract of the estimate. 2.31. In framing estimates it will be necessary, when- ever it has been arranged to obtain stock or tools and plant for a work from another Department or Division, to ascertain from that Department or Division the value of such materials and, if the rules require the transfer to be effected free of charge, to deduct this value at the foot from, the total of the estimate. 11—Original Works. (a) Civil Buildings 2.32. The site of every public building should be definitely settled before the detailed designs and estimates are pre- 55 [Chap. II WORKS –PREPARATION OF PROJECTS F (2.38—2.40 Proposed bridge site showing the general level of country on either bank as well as that of the road approaches the various water level; depth at which, good foundation is available and its nature. 2 .38. It must be regarded as a fundamental rule that without the previous sanction of Government no main artery of communication, such as a trunk road, may be abandoned or allowed to fall out of repairs. All proposals for the removal of bridges or ferries must invariably be submitted for the consideration and orders of Government. Note-In respect of roads, bridges, etc declared to be of military importance by the Defence Department, all proposals for their removal and abandonment should be referred to the Central Government for orders. (c) Town water-supply project; 2.39. (1) For Town Water-Supply Projects, the nature and quantity of the existing supply should be given, and the reasons necessitating an improved supply; the possible sources of an additional supply and the reasons for preferring the scheme submitted; the area and number of people and approximate number of animals, if possible, to be supplied, as well as the estimated daily allowance in gallons for each person or animal, etc., the quality of the water, whether requiring filtration or not. (2) The report should be accompanied by an 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) Open capital account expenditure. 2.40. It is necessary to make provision for expenditure debatable to capital after the closing of the construction estimate of a project. The following rules govern the subject:- (i) No expenditure may be incurred except under competent authority and within the budget provision (ii) Works which it may be necessary to construct after the closing of the construction estimate of the project will be divided into two classes (1) Works which are necessary for the full development of the project, but which are not in them selves directly remunerative. 56 (2.40 PUBLIC WORKS DEPARTMENT CODE [Chap. II (Examples—Drainage cuts, protective embankments, over bridges, inspection houses, retaining walls, bird guards, roads and guard wires, etc) (2) Works which are directly remunerative in them- selves (Examples—Ferries and toll bridges, etc.) (iii) The Audit Officer will be responsible that no expenditure is incurred after the date of the closure of the construction estimate without the approval of competent authority when the amount of the sanctioned project has been exceeded, and that all expenditure incurred against the open capital account is covered by proper detailed estimates sanctioned by competent authority. (iv) The 30th June will invariably be fixed as the date for the completion of a work sanctioned against the Open Capital Account and the sanction to the work, unless extend will lapse on that date. (v) Every Endeavour should be made to complete a work within the period prescribed for its completion. By &completion is meant absolute completion so that no further expenditure remains to be recorded. The Accountant shall be responsible that the date fixed for completion of the work is entered in red ink at the top of the folio set apart for ,the, work in the resister of works. He should bring to the notice of the Divisional Officer, three months before the date fixed for their completion, or at an earlier date, when the accounts show that the progress of a work is very slow, all open capital work in progress, with a view to instructions being issued to Sub- Divisional or other officers concerned to ensure not only the completion of the works, but the discharge of all liabilities before the currency of the sanction expires. In the case of payments of condensation for land taken up, the Accountant should frequently remind the Divisional Officer to address the Civil Officers concerned, urging the necessity for payments being made during the currency of the sanction. The responsibility for taking action will rest with the Divisional Officers, but Accountants will assist them in this respect by reminding., sufficiently early of the necessity for prompt action in each case. (vi) When, however, it is evident that a work cannot be completed within the period assigned, the necessary application. 57 Chap. II WORKS —PREPARATION OP PROJECTS 2.41 application for postponing the date of completion should invariably be made before the expiry of the current sanction, and should be accompanied by a full explanation of the causes\which have delayed the completion of the work. On the 2nd April, each Divisional Officer. should submit to the Superintending Engineer a statement showing the names and state of all estimates, the date for the completion of which has been fixed for the 30th June next, with re mark stating whether the works will be completed by the prescribed date or not and with such explanations as may be necessary to enable that, officer to sanction the extension of such date, if necessary. (vii) Completion reports on works completed by the 20th June should be submitted as soon as after that date as possible so that they shall reach the Chief Engineer, West Pakistan after verification by ‗the Director Audit and Accounts (Works), West Pakistan by the 1st October following at least. Note—(1) It has been decided by the West Pakistan Government that with effect from the Financial Year 1039-60 the expenditure on all new Major Work costing up to Rs. One lace would be debited to Revenue under the head 50-Civil Works‘, and those costing more than the said limit would be debatable to the Capital head ―81-Capital Account of Civil Works outside the Revenue Account‖. Authority-.Joint Secretary to Government of West Pakistan, Finance Department letter No. 803- B.VII-59, dated 6 th July 195. Note (2)It has also been decided that the Suspense transactions of the Buildings and Roads Department should be booked under the Major Head ―8I-Capital Account of Civil Works outside the Revenue Account‖ Instead of the Major Head 50-Civil Works excluding Establishment Charges‖ with effect from the same year. (Authority —Deputy Secretary (Budget) to Government of Woes Pakistan Finance Department letter No. 54-B-VII-58, dated 13 th November. 111—Repairs. (a) General 2-41. Repairs, are ordinarily of three kinds:- (i) Those which as a matter of routine are carried out every year and which are usually of the same quantity from time to time, such as the whitewashing of a building or surface painting of a road or painting of water pipes or tanks. These are known as annual Maintenance and Repair. (ii) Those which are not done every year but are due after 4 years and are known as Quadrennial 60 2.52-2.54 PUBLIC WORKS DEPARTMENT CODE [CHAP. II When acquired or constructed through the agency of the Buildings and roads Department- Class of buildings Description Assessable percentage on the capital cost of the buildings escalading value of site a Those in good order built by the public works department in a semi permanent style i.e with pucca foundations kutach pucca put side walls lime pointed pucca parapets and chimeyes terraced jack arch or wooden karri proof over steel girders Special repairs ordinary repairs 1 to 3 b Those of similar style of construction but not in good condtion either built by the public works Department or purchase from private individuals and added to or altered after purchase 3 to 5 c Temporary buildings i.e those with walls of mud masonry with thatched or tilled roof 5 to 7 A charge of 4½ per cent of the capital cost will be made in addition to the above to cover the maintenance of water- supply, sanitary and electric installations, where such exist. Note—With reference to the minimum and maximum rates fixed above for annual ordinary repairs, Superintending Engineers of the Buildings and Roads Department should arrange to communicate to the Director Audit and Accounts (work such per. e outages as are actually applied in fixing the standard rent in Mach individual case, so that the rents fixed may be susceptible of scrutiny. 2.52. The estimate when prepares will be submitted to the officer occupying such building, for countersignature in token of all repairs known to be required having been provided for. In the case of buildings occupied by officers of the Civil Department, occasional repairs not provided for in the annual estimate will be executed on requisitions sanctioned under paragraph 2.20. 2.53. Where municipal or other taxes on public buildings are payable by Government, provision for such taxes should be made in the annual repair estimate. 2.54. In the case of any building, the cost of the ordinary annual repairs (excluding municipal taxes) to which is Tess than Rs. 2,500, the Superintending Engineer may pres / 61 [Chap. II WORKS—CONTRACTS AND WORK 2.55-2.56 ORDERS Prescribe, subject to revision from time to time, a lump sum limited to Rs. 2,500 (plus the amount of the municipal taxes if any, payable by Government under paragraph 3.15 of this Code) to cover the cost of maintenance, and within this amount expenditure will be permissible without any detailed 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 this purpose in the rent assessment. If in any working year the estimated cost of maintenance 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 sanctioned by competent authority. On sanction being accorded to such am estimate the sanction of the Superintending Engineer to the lump sum provision will automatically be superseded for the working year in question. Note- The sanction accorded to the lump um provision referred to in this paragraph shell be held to be a sanction to an estimate for the same amount for all purposes of this code. (2) Every annual repair estimate which is intended to. provide for all repairs which must be carried out yearly, such as whitewashing, renewing mud roofs, etc., as also lot periodical and petty (including quadrennial and occasional). repairs, i.e.., repairs that are necessary from tithe to time to keep the building or road up to a proper state of presentation, should be scrutinsed and passed by the Superintending Engineer and stereotyped. Having once been stereotyped, am annual repair estimate should not be submitted to the Superintending Engineer with application for funds. 2.55. In the case of alterations to a building when the cost is partly debatable to original works and partly to repairs. j in accordance with paragraph 22 of this Code, only one estimate should be prepared with an abstract showing separately the amounts debatable to original works and repairs which should be accounted for wider each head as incurred. E—CONTRACTS AND Won ORDERS I-General. 2.56 The recognized system of carrying out work, otherwise than by the employment of daily labour, are ―Piece work‖ 62 2.57-2-58 PUBLIC WORKS DEPARTMENT CODE Chap-11 and ―Contract work‖. For explanation of the term ―Piece work‖ see paragraph 2.67 following. The term ―Contract‘, as used in this Code, does not include agreements for the execution of work by piece work (see paragraph 2.67) nor does it include mere ordinary purchases of materials or stores . All other work, done under agreement, is termed ―Contract work‖, and in the 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 2.57. ―Contracts‖ may be of three kinds, viz, lump sum, scheduled and a combination of these two. In a lump sum contract the contractor engages to execute the work with all its contingencies for a fixed sum. Scheduled contracts are those in which the ‗undertakes to execute the work at fixed rates, the to receive depending on the quantities and kind of or material supplied. Percentage rate contracts are those in which the con- tractor undertakes to execute the work at a fixed percentage above or below the rates exhibited, the sum he is to receive depending on the quantities and kind of work done or material supplied. The third kind of contract is a combination of both these. Thus a fixed sum is proposed for the completion of the work as specified and a schedule of rate is agreed upon by which to regulate the price to be paid or to be deducted for additions or alterations. 11—CONTRACT DOCUMENT. 2.58. Before a work is given out on contract, the Divisional Officer must prepare ―contract documents‖ to include:- 1st—A complete set of drawings showing the general dimensions of the proposed work, and so far as necessary, detail 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. 4 th -A set of ―conditions of contract ―to be complied with by the person whose tender may be accepted. 65 [Chap II WORKS-CONTRACTS AND WORKS [2.65-2.67 ORDERS 2. 65. Usually the lowest tender should be accepted, un- less there be some objection to the capability of the contractors, the security offered by him, or his execution of former work. Subject to the provision of clauses 3 to 4 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 the rejection of his offer by any person making a tender. Such an explanation may be called for by superior authority, if considered necessary. (2) In cases where a tender other than the lowest tender‘ is selected for acceptance, reasons should be recorded confidentially in the tender register. (3) Sub-Divisional and Divisional Officer will, in addition to taking action under clause (2) above, inform their in- mediate superior whenever they accept a tendered rate for use in work orders other than the lowest tender; and the superior officer may, at his discretion, take action to accept the lowest rate tendered. (4) When the tender system is used in connection with, a contract (as opposed to its use in deciding work order rates), a tender other than the lowest may only be accepted after obtaining the approval of the officer immediately superior r the one who normally under the rules would be competent to accept the tender. I V—Security for performance of contracts. 2.66. Security should in all cases be taken for the due‘ fulfillment of a contract. This security may be: - (a) The earnest money deposited under paragraph (b) A deduction of 10 per cent from the monthly payments to be made on account of work done. V—Provision in contract for imported stores. 287. In framing. Contract of any description, care should be taken to retain in the hands of Government the supply of imported materials, if required to any considerable extent, and to arrange the terms accordingly. Such stores should either be supplied from the existing Government stock or be obtained in the ordinary course as per rules of store purchasing office of West Pakistan Government. 66 2.68-2.71 PUBLIC WORKS DEPARTMENT CODE [CHAP.II “VI- Enforcement of terms of contract. 2.68. 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 con- tract 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 West Pakistan Government. All agreements or security bonds entered into with the Buildings and Roads Department by contractors for the execution of work or for securing the due performance of contracts are exempt from stamp duty. Registration fees on all contracts for manufacture and supply of bricks must be paid by the contractor as he is required to register the tender. (2 When according to the terms of the contract, a Super- intending Engineer acts as an arbitrator, he should, in giving an award, keep in view the instructions contained in Appendix VI. VII—Officers Empowered to Execute Contracts. 2.69. No authority lower than an officer in charge of a Division can accept any tender or make a contract for public works. The different classes of deeds, contracts and other instruments which may be executed by this Department and the authorities empowered to execute them are detailed in Appendix I, while the financial limits up to which the authorities are authorized to determine the terms of deeds, are set-forth in Annexure B of this chapter. 2.70. It is not the intention to prevent the officers empowered in this respect from giving out to different contractor‘s t number of contracts relating to one work, even though such work may be estimated to cost more than the amount up to which they are empowered to accept tenders. But no individual contractor may receive a contract amounting to more than this sum nor, if he received one contract, may he receive a. second 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. Note—It should be clearly understood that the splitting up of a work at the time of ceiling for tenders is a measure which must be justified by circumstances; ad must be in the Interests of the work. It must not be resorted to with view to ending the operation of any proscribed limit. 2.71. In case in which departures from the rules contained in this section of this Chapter are unavoidable, such departures may be permitted or condoned, as the case may be 67 [Chap. II WORKS CONTRACTS AND WORK ORDERS 2.72 Subject to the following restrictions; and with the concurrence of the finance Department in each case: - (i) No officer may enter into a contract which he is not empowered to enter. (ii) No officer may enter into a contract which infringes the rule in paragraph 210. (iii) No officer may accept any contract for a work until an assurance has been received from the authority competent to provide funds for the same, that such funds will be allotted before the liability matures (ride paragraph 2-82 (1)). (iv) The provision of paragraph 2-67 may not be waived where the purchase of imported materials contravenes the provisions of the, Store Rules. Note—Restrictions I and II above do not apply to piece work agreements which are not contracts within the meaning of this code –vide paragraph 2.58. VIII- Piece Work. 272 (1) Works are commonly carried out at ―piece work‖ the agreements for which should be in the form of ―work orders‖ on Stereo Buildings and Roads Form No. 34. Such agreements are not ―contracts‖ and should contain only a description of the work to be done and the rate to be paid for it, without any reference to the total quantity to be executed or to the time within which it is to‘ be executed. The Government or the contractor may at any time terminate such agreement by notice in writing without claim to compensation by the other party‘. A specification of the work to be done may be issued with the work order, but must contain no reference to quantity or time. (2) In the Buildings and Roads Department work orders are used for all works and repairs estimated to cost not more than Its 10,000 up to which limit the Divisional Officers are competent to issue work order. The Sub-Divisional officer may issue work orders for works and repairs estimated to cost not more than Rs. 4,000 (3) Work order shall be issued after calling quotations in a public manner for which notices as under should be given:- (i) For work upto Rs. 5,000 at least 7 days notice. 70 [2.77-2.80 PUBLIC WORKS DEPARTMENT CODE [Chap. II Act, Government cannot withdraw from the acquisition of the land. In cases; therefore, where the amount claimed in pursuance of a notice under the Act is largely in excess of the amount subsequently awarded by the Collector, and the acquisition of the land is not absolutely necessary, possession should not be taken ‗Without a reference to the authority sanctioning the work until he Lime within which an application for a reference to the Court must be made under Section 18 of the Act has a lapsed without suck application being made. 2.77. The arrangements between the officers of the department and the Land Acquisition Officer to determine what land to take up, should, where practicable, be made without divulging the intention of the Government, so as to admit of a private bargain being, if possible, made before any enhancement of prices has occurred. 2.78. After the preliminary arrangements describe in the preceding paragraphs have been dull 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 Buildings and Roads Department and invested with the powers of a Collector under the Land Acquisition Act. The procedure in the two cases which is applicable in the case of land taken up for Military Works is described in Annexure ‗C‖ of this Chapter. 2.79. The procedure described in paragraphs 2.73 to 2.78 does Pot apply to cases where the land required is already in possession of another Department of Government or of a local body such cases are governed by special provisions in Financial Commissioners‘ Standing Order No. 28 (Land Acquisition). (b) Land held for Military purposes. 280: No land, whether:- (a) within cantonment limits, (b) forming part of an encamping ground, or (c) otherwise held for military purposes, Should be taken up or occupied for, any purposes whatever either by contractors or any other persons (official or non- official) acting under the orders of any Civil Department until the sanction of the Central Government in the Defence Department to the occupation or use of the land has first been obtained 71 Chap-II Works –Execution of works 81-2.82 and communicated to the. General Officer Commanding the Division or the Independent Brigade, In all such cases, the necessary sanction should be obtained by the General Officer Commanding the Division or the Independent Brigade, through the Quarter-master-General in Pakistan. (2) Application for suck land when within cantonment limits should be made by the officer Incharge of the works to ‗the cantonment authority, and by the later to the superior military authority but in the case of a military encamping ground, application should be made to the general officer Commanding the Division or the independent Brigade. The military authorities will then take the necessary steps to obtain (i)the opinion of the West Pakistan Government (i.e., the administrative Department in consultation with the Finance Department), which should invariably be recorded upon all applications, and (ii)the sanction of the Central Government to the occupation of the required land. The foregoing procedure will apply in cases where it is proposed to purchase, or otherwise acquire permanently, any building situated on military land for the use of a Civil Department. (c). Acquisition of land by private negotiation. 2.81. In the case of land acquired by private negotiation, the land Acquisition Officer who settles the price, etc., should draw up Form A prescribed for use in the case of an award, and this should be made the basis of subsequent payments and audit (Annexure C to this Chapter). EXECUTION OF WORKS. I-Commencement of works 282. It is a fundamental rule that no work shall be commenced unless Administrative Approval by competent authority is given, and properly detailed design and estimate have been sanctioned, allotment of funds made and orders for its commencement issued by competent authority . Permission granted by Government: orders on a Budget estimate for the retention of an entry of proposed expenditure during the year on work conveys no authority for the commencement of outlay. Such permission is granted on the implied understanding that, before any expenditure is incurred, the above conditions will have been fulfilled. Excepting in regard of petty works, as defined in paragraph 2.18 repairs of the 72 2.83-2.84 PUBLIC WORKS DEPARTMENT CODE [Chap. II Nature contemplated. in paragraphs 2.20 and 2.54 and in case‘ of real emergency which must be immediately reported and explained to the authorities competent to accord administrative ‗approval and technical sanction, and their approval obtained immediately afterwards, this injunction may no be infringed. On the other hand, the sanction of a design and estimate by Government or any other authority conveys no permission for the Commencement of expenditure on the work, unless such expenditure has been provided for in the budget estimate of the year, or provision has been made for the outlay within the official year either by re appropriation or out of some lump sum grant allotted for the head of classification under which the service falls. Similarly no liability may be incurred in connection with any work until an assurance has been received from the authority competent to provide funds that such funds will be allotted before the liability matures. (2) If in any case, whether on grounds of urgency or otherwise, a Divisional Officer is requited to carry out a work for which no estimates have been sanctioned or for which no financial provision exists (whether estimates have been sanctioned or not) the orders of the officer authorizing the, work should be conveyed in writing. On receipt of such written orders the officer who is directed to carry out the work should immediately intimate to the audit officer concerned that he it incurring a liability for which there is no provision or inadequate provision of funds and should, at the same time, state‘ approximately the amount of the liability which it is likely he will incur by compliance with the written orders which he has received. The audit officer will then be responsible for bringing the facts instantly to the notice of higher financial authority, with a view to necessary steps being taken either to stop the progress of the work or to regularize its execution. There should be no hesitation in enforcing disciplinary action against any officer, administrative or executive, who may fail or delay to comply with these orders. 283. Verbal orders for the commencement of work are to be depreciated as being liable to misapprehension, but in• cases where such orders are given they should ordinarily be confirmed in writing as soon as possible thereafter. 2.84. When any new building is about to be commenced, or any alteration, addition or repairs executed it any buildings due intimation of such intention must be given to the local head of the department, military or civil, concerned. 75 [Chap. II Works-Execution of works 2.95-2.98) and also, to the Superintending Engineer, the occurrence of all serious and important accidents or damage -to any roads or buildings borne on the books of the Department. Divisional Officers and other subordinates in charge of the works should furnish immediate information to the officer lit charge of the nearest police station 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 ha been held. 2.95. Carriage of any. description, employed for purposes connected with public works, is as liable to be impressed for military purposes as carriage employed by private individuals. 2.95. The Superintending Engineer may, if he deems it necessary, direct the Divisional Officer to suspend the commencement or progress of any work pending the orders of Government. 2.96 An order book should be opened and kept on all major works in which all important orders to , the executive subordinate or to the contractor should be written. (2) Diaries of progress should also be maintained under the orders of the Divisional Officer. The regular and the thorough maintenance of records in order books and diaries is essential. They are invaluable in deciding claims made by contractors, butt they must be complete. Dates of arrival of stores be supplied by Government should particularly be note as claims on account, of delay by contractors are frequently based on late supply of stores by Government. VI –ADVANCE TO CONTRACTORS. 2.98 . Advances to contractors are prohibited except in the following cases; - (a) Cases m which a contractor, whose contract for finished work, requires on advance on the security of materials brought to site Divisional Officers may, in such cases, sanction advances up to an amount not exceeding 75 per cent of the value (as assessed by themselves) of such materials, provided that they are of an imperishable nature and‘ that a formal agreement is drawn up with‘ the contractor under which Government secures a lien on the materials and‘ is safeguarded against losses due - to the contractor postponing the execution of‘ the if work or to the shortage or misuse of the materials. 76 [2.99 PUBLIC WORKS DEPARTMENT CODE Chap- II] and against the expense entailed for their proper watch and safe custody payment of such advances should be made only on the certificate of an officer, not below the rank of Sub- Divisional Officer, that the quantities of materials upon which the advances are made have actually been brought to site, that the contractor has not previously received any advance on that security and that the materials are all required by the contractor for use on items of work for which ‗rate for finished work have been agreed upon. The officer granting such a certificate will be held personally responsible for any overpayment which may occur in consequence. Recoveries of advances so made should not be postponed until the whole of the work entrusted to the contractor is completed. They should be made from his bills for work done as the materials are used, the necessary deductions being made whenever items of work in which they are used are billed for. (b) An advance payment for work actually executed may be made on the certificate of a responsible officer (not below the rank of sub-Divisional Officer) to the effect that not less than the quantity of work paid for Las actually been done, and the officer granting such certificate will be held personally responsible for any over payment Which may occur on the work in consequences. Final payments, may, however, in no case be made with out detailed measurement. VII-SANITATION ON EXTENSIVE WORKS. – 2.99. On extensive works, where large labour force is collected, the importance of good butting, water supply, and sanitary arrangements must be borne in mind, and all reasonable precautions must be taken to maintain the health of the labour force and prevent or arrest the progress of epidemics. (2) The general principles which should be observed are stated in Appendix -IV, and it will be the duty of the Superintending Engineer to see that these rules are observed. (3) Any reasonable outlay for such temporary cover as may be needed for bodies of work-people of considerable 77 CHAP-11 WORKS EXECUTION OF WORKS 2.100 magnitude, for the making out, clearing and draining •of their temporary stations, also for entertaining some small temporary establishment to look after the latrines, one or two policemen, and hospital establishments may be authorized as forming part of the contingent outlay on the work under execution, but in framing large projects, for which the pro- vision of such works can be foreseen, such expenditure should, as far as possible, be specifically provided for in the project estimate. VIII- INFORMATION TO BE GIVEN TO TUE SURVEY DEPARTMENT 2.100. With a view to the Survey Department being supplied with information regarding all new public works to enable the map of West Pakistan to be brought up to date, the following procedure is to be followed in regard to new branch or main lines of roads, bridges, boat bridges,, large public works, town water-supply or drainage projects:- (I) When any such public work has been constructed, or section thereof has been opened, the index or record map, on whatever scale available (not less than one inch-one mile), provided it is from original survey and not a mere eye sketch made on tracings from the Survey of Pakistan maps, should be sent to the Survey of Pakistan Office, Murree and that Department will take steps to have the material utilized by its own draftsmen. Index plans of main and branch lines of road, bridges, and boat bridges should be sent to Government in the Irrigation Communications and Works Department for transmission to the Survey Department. (II) To ensure the material supplied being suitable for the purposes of the Survey Department, the topography adjoining the alignment,, such as village sites, trijunction 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 if the information is derived from actual - survey or otherwise. (III) The Survey Department should be requested to treat index or record maps with every care, and to return them as early as possible to offices from which they have been received so that the labour of making tracings need not be resorted to. 80 2.106 PUBLIC WORKS DEPARTMENT CODE Chap. II] IV. The necessary funds for the prosecution of the work must be realized and paid into the Government treasury either in a lump sum or in such installments and by such dates as the Government shall decide in each case. No advance of Government money for such purpose will be permitted and in a case where the money is paid by inst installments Government will not be responsible for any increase in cost,. or damage to the un- completed work caused by a temporary stoppage of the work pending receipt of further installments. (V) It will be the duty of the Officer-in-charge of the work to bring at once to the notice of his superiors and of the local body or individuals any anticipated excess over the estimate, as well as to provide the fullest information i connection with the progress of expenditure so that no responsibility may attach to Government in the event of the work having to be stopped for want of funds. (VI) In ease of deposit works all anticipated excesses owing to the tenders having been received in excess of the estimated rates should be brought at once to notice of the local body or the party concerned under paragraph 2.105-V above accepting the excess and arranging the funds accordingly. (VII) Authorities undertaking such works should satisfy themselves that the extent to which Government is responsible in regard to the execution of the work is thoroughly understood both by the parties for whom the work is to be constructed and by the executive officer to whom its construction is to be entrusted. (VIII) Where the work is of magnitude, or there are any special circumstances which seem to render such a course desirable, an agreement should be drawn up under legal advice, 2106. It must be distinctly understood that contributions on account of one work can, in no circumstances, be utilized in meeting outlay on account of another work, the contributions for which may be in arrears. 81 [Chap. II Works—DISPOSAL OF ESTIMATES 2 .107—2.109] SUPPLEMENTARY AND REVISED ESTIMATES. I—DISPOSAL OF ESTIMATES I—OFFICE OF RECORD FOR ESTIMATES 2.107. (i) The original estimates after being sanctioned by proper authority, should be returned to the Divisional Officer for record in his office and the copies retained in the offices giving sanction and those below him up to Executive Engineer if estimate is sanctioned by Chief Engineer the copies be retained by the Chief Engineer and by Regional Engineer and Superintending Engineer. If it is sanctioned by Regional Engineer, a copy of it should similarly be retained by Regional Engineer and Superintending Engineer. (ii) The estimates sanctioned by Chief Engineer, Regional Engineer and Superintending Engineer, must be sent in sufficient number of copies so that one copy be retained by sanctioning authority and another by lower authority right up to Divisional Officer. Il—COMMUNICATION OF SANCTIONS TO ESTIMATES TO TEE AUDIT OFFICE 2. 108 (1) immediate intimation of the sanction to an estimate should be made to the Audit Officer by the authority sanctioning it under copy to all lower formations. (2) A consolidated monthly return of all estimates sanctioned by the Divisional Officer or higher authority should be sent by the Divisional Officer on the 5th of each month to the • Audit Office direct sending a copy thereof to the Superintending Engineer. (3) The Superintending Engineer is responsible that in case where a substantial section of a project sanctioned by higher authority has been abandoned, even though provisionally, the aggregate assumed cost (including contingencies) of the works included in that section is intimated to the Audit Officer for exclusion from the total sanctioned estimate of the project. See also paragraph 2.86. J-SUPPLEMENTARY AND REVISED ESTIMATES I—SUPPLEMENTARY ESTIMATES 2.109. 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 82 22.110-2.113 PUBLIC WORKS DEPARTMENT CODE Chap. II covered by a supplementary estimate, accompanied by a full report of the circumstances which render it necessary. The abstract must show the amount of the original estimate and the total of the sanction required including the supplementary amount. II—REVISED ESTIMATE 2.110. A revised estimate must be submitted when the sanctioned estimate is likely to be exceeded by more than 5 per cent either from the rates being found, insufficient, or from any cause whatever. 2.111. When, a revised estimate is submitted, it must be accompanied by .a comparative statement (Buildings and Roads stereo No. 42.44) and by a report showing the progress made to date. It is the duty alike of the Divisional Officer and of the Superintending Engineer to watch carefully the progress of expenditure and to see that a revised estimate is submitted immediately the necessity arises. 2.112. 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, see paragraph 2.86. 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. 2.113. A revised estimate will also become necessary, it at any time, either before or during the construction of a work, it is found that the original, estimate for it is excessive ‗for reasons other than abandonment of. a substantial section of a sanctioned project or material deviation from the original proposals, an officer of rank not lower than Divisional Officer or may sanction such a revised estimate, even though its amount may exceed that to which he is ordinarily empowered to accord sanction. When according such sanction he should intimate, giving reasons, to the authority who sanctioned the original estimate and to the Director Audit and Accounts (Works), West Pakistan that the amount of the estimate has been reduced ‗accordingly. 85 (Chap. II WORKS – COMPLETION REPORTS 2.117-2.120 CERTIFICATES AND PLANS (3) The completion certificate in the case of pety works and repairs will be endorsed on the requisition West Pains- tan Account Form No. 32 and no separate certificate is then required. 117. Civil and Military Officers are required to fill up and sign all authorized forms of requisition, completion report or other certificate of execution that may be required by the Divisional Officer in consequence of the execution of any work on their application or order. 2.118. The countersignature of a Civil and Military Officer merely implies, in the case of an original work, that the work has been completed and taken over, and in the case of repairs that the building or work generally, is in proper order, and involves no further responsibility. If the counter- signing officer is not satisfied - with the work and wishes to make any remarks, he can do so over his signature, but he‘ should bear in mind, that, in making remarks which are unnecessary or irrelevant, he may occasion much trouble and delay. See also paragraph 2.124. III—RECORD AND OTHER DRAWING & AND PLAINS 2.119. Record drawings, showing the work as actually constructed, should be completed as soon as possible by the officer in immediate charge of every new work or alteration of an existing work, for approval and record by the Divisional Officer (vide paragraph 2.120 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 Divisional Office to accompany the completion report. Note-similar procedure should be followed in reporting date of commencement of all major works to the Read of Department and the Provincial Government. Note-(i)) Recode drawings of important municipal works constructed by the Buildings and Roads Department should be supplied to the Municipality concerned. Note—(2) Record drawings of buildings should consist of a site plan, ground plan, elevation and one or two actions as may be necessary to illustrate the work preferably one sheet. Detail, of doors, windows etc‘ are not required. 2.120. (1) A Divisional Officer must keep on record in his office the following plans or such of them as are required in his Division- (i) Copies of all standard plans of buildings. 86 2.120 PUBLIC WORKS department code Chap. II) (ii) Complete plans, sections, and elevations of every building under his charge whether military, or Civil, as actually constructed, any departures from sanctioned design being carefully noted. The boundaries of the ground attached to any buildings should be distinctly shown. (iii) Plans of roads under his charge showing the quarries whence metal is obtained. (iv) Detailed drawings including foundations, where practicable of all bridges, and other works in the Division as actually constructed, any departures from sanctioned design being carefully noted, the boundaries of the ground attached thereto being distinctly shown. (v) Complete land plans of all land in the possession of Government, viz. – (a) Land for which a Divisional Officer is directly responsible. (b) Land belonging to buildings borne on the book of the Department. (c) Land appertaining to works. made over to Local Authorities. (d) Lands encroached upon by local bodies and allowed to remain in their possession, subject to the condition that they are liable to be resumed by Government in the event of their being required for a public purpose. (e) Land Leased to private persons. (vi) Complete plans of all storm water drains, river, with its boundary under his charge together with longitudinal section and cross section at suitable scale. (vii) Longitudinal section of all sewers showing main- hole junctions, screen, inlet in to chamber along with reduced level. (vii) Longitudinal section showing diameter of all pipe lines, rising mains, distribution lines, fire hues, Hydrants, wells of all descriptions. (iv) Geological sections of all boreholes together with completion strata-chart with strainers, blank pipe, junction bail plug, and top casing. 87 WORKS –COMPLETIONS & REPORTS 2 .120) CERTIFICATES AM) PLANS (x) Complete site plans showing the locality of a tube- well and its discharge on its completion together with, depression head. (xi) Complete plans of all spring which serve as sources for water supply or wells or other water supply sources together with their discharges. Complete plan of all reservoir on head works or along with the distribution system. (xii) Complete plans of electric installations overhead and underground internal head as well as external r up to sub-section if under the charge of Buildings and Roads Department. 2. In Circle Offices the following record plans should be maintained:- (i) All plains as per I above for office record. (ii) Copies of all standard plans for well chambers, pump chambers reservoir, community latrine disposal works and other standard sanitary works. (iii) Copies of all standard type drains, egg shaped sewer or reinforced cement concrete sewers. (iv) Completion plans of all important earthwork on bund or embankments. (v) Maps of districts and civil stations in the West‘ Pakistan, Linear maps of the Principal Lines of roads in the West Pakistan. (Superintending Engineers and Divisional Officers should keep these maps in so far as they relate to their respective charges corrected up-to-date). (vi) Copies of all standard plans of buildings. 3. In. the Chief Engineer‘s office the following record plans will be maintained : - (i) Maps of districts and civil stations in the West Pakistan. (ii) Copies of all standard plans of buildings. ‘Note—plans mentioned as items (I) to 2) also be kept on record in the Chief Engineer Office. 2. Similarly the regional engineer shall maintain, all plans mentioned above relating to his region in his office. (4) All record‘, plans must be kept up-to-date, and it will he the duty of the Divisional Officer to forward completion