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KERALA PUBLIC WORK DEPARTMENT CODE

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 3

KERALA
PUBLIC WORKS DEPARTMENT CODE
Contents
Paragraphs
CHAPTER I
ESTABLISHMENT AND ORGANIZATION OF THE DEPARTMENT
A. INTRODUCTORY 1
B. DUTIES OF OFFICERS OF THE PUBLIC WORKS DEPARTMENT—
I. Chief Engineer 2-9
II. Superintending Engineer 10-18
III. Executive Engineer 19-37
IV Subdivisional Officer 38-39
V Divisional Accountant 40
C. EMPLOYMENT OF 1 ___ EMPORARY AND WORK CHARGED
ESTABLISHMENTS
I. Temporary establishment 41
II. Work Charged establishment 42*43
D. POLICE AND OTHER GUARDS 44-47
E MEDICAL ESTABLISHMENT 48
F. STATIONERY AND FORMS 49-50
G. DESTRUCTION OF OFFICIAL RECORDS 51
H. RECORDING OF PLANS DRAWINGS 52
I. PERIODICAL RETURNS 53
CHAPTER II
WORKS
A. CLASSIFICATION OF THE OPERATIONS OF THE PUBLIC
WORKS DEPARTMENT 54-60
B. WORKS ENTRUSTED TO DEPARTMENTS OTHER THAN
THE PUBLIC WORKS DEPARTMENT—
I. General 61-64
II. Forest Department 65
El Petty construction and repairs 66 67
-

IV. Public Works executed by Civil Officers acting as Public

Works Disbursers 68
 4

C. ADMWISTRATIVE APPROVAL AND TECHNICAL SANCTION 69-75

D. DEMANDS BY CIVIL OFFICERS--
.I General 76-79
H. Petty original works costing Rs. 1,000 or less 8U .
III. Procedure in regard to original works costing more than Rs. 1,000 81
IV Procedure in regard to repairs 82
V Execution of works in the Raj Bhavan 82A
VI. Limitation of sanction 83
E PREPARATION OF PROJECTS
.I General 84-94
11. Original Works—
(a) Civil Building 95-101
(b) Roads 102-105
(c) Town-Supply Project 106-107
1E. Repairs—
(a) General 108-119
(b) Special Repairs 120
IV Roads 121
F. CONTRACTS
I. Methods of Execution of Works 122-128
II. Contract Documents and Enforcement 129-133
M. Tenders 134-143
IV. Forms of Security for performance of contracts
V Custody of accepted tenders and other contract documents,
authority competent to give certified copies of tenders and
agreements 145-146.
VL Officers empowered to execute contracts and rules
on contracts 147-149
G SALE, ACQUISITION AND LEASE OF LAND—
I. Sale of Government Land and Immovable Property 150-151
II. Acquisition of Land 152-156
H. EXECUTION OF WORKS
I. Starting work 157-166
II. Scope of sanction 167-169
 5
III. Commencement of work in anticipation of detailed
estimates of the complete project 170-172
IV Laps of sanction 173
ü Alternations in design during construction 174
VI Miscellaneous rules for the execution of works 175-180
VII. Ad
vances to contractors 181
VIII. Sa
nitary rules on extensive works 182
IX. Information for the Survey of India 183
X. Construction and maintenance of mortuarise 184
L DEPOSIT WORKS—
I. General 185-188
I I . Special rules for works wholly fin,pnced from
non-Government funds 189-190
J. DISPOSAL OF ESTIMATES—
I. Office of record for estimates 191
II. Communication of sanction to estimates to the Audit Officer 192-194
111. Supplementary estimates 195-196
IV Revised Estimates 197
ü Utilization of Completion Report as Revised Estimate 198
K COMPLETION REPORTS, CERTIFICATES AND PLANS—
I. General 199-206
I I . Works executed on behalf of other Department 207
I I I . Record Drawings 208
I V . Office of Record 209-211
CHAPTER III
PUBLIC BUILDINGS
A. GENERAL--
.I General Rules 212-215
II. Features and Furniture—
(a) Fixtures 216-217
(b) F u r n i t u r e -
(i) General 218
(ii) Residences of High Officials 219-220
 6

III. Purchase, sale and transfer of Government Buildings—

(a) Purchase of Buildings 221
(b) Sale and Dismantlement Of Buildings 222-223
W Hire of office accommodation for officers of the Public
Works Department 224-225
V Renting of building 226-230
VL Custody of vacant Government buildings 231
VII. Taxes 232
Remission of municipal tax for vacant buildings and for
buildings wholly or partly demolished 233
IX. Taxes on new buildings 234
X. Sanitary and water supply installations 235
XI. Electrical and sanitary works 236-248
XII. Registers and Plans of Buildings—
(a) Register of Buildings 249
(b) Plans of Buildings 250
B. CONS "1 RUCTION, ACQUISITION OR LEASING OF RESIDENCES
FOR GOVERNMENT OFFICIALS—
I. General 251-256
I I . Classification of Residential Buildings 257-258
C. MISCELLANEOUS 259-267
D. UPKEEP OF THE COMPOUNDS ATTACHED TO
PUBLIC BUILDINGS 268-270
E HOSTELS 271
CHAPTER IV
MISCELLANEOUS RULES REGARDING OFFICE WORK
EXCLUDING ACCOUNTS PROCEDURE
A. INITIAL RECORDS OF ACCOUNTS 272-273
I. Muster Rolls 274-282
II. Measurement Books 283-287
HI Progress Reports of Works 288
B. CUSTODY OF CASH 289
C. CASHIERS—
.I General 290-292
IL Security deposits (Subordinates) 293
 7
D. STORES-
1. General 294-296
II. Acquisition of stores—
(a) Purchase of stores-
(i) Stores (other than tools and plant) 297
(ii) Tools and Plant 298&300
(b) Manufacture 301
HI. Reserve of Stock 302
IV Stock taking 303-304
V Disposal of Stores—
(a) Loss of stores 305
(b) S a l e o f s t o r e s -
(i) General 306
(ii) Surplus Stores 307-315
VL Hire of Tools and Plant 316
VII. Insurance of Government Property 317-318
E DEPARTMENTAL REVENUE
I. Sale of usufruct of trees, etc. 319-321
II. Rents of buildings and lands 322
HI. Navigation revenue 323
IV Public Works Department Toll Gates 324
F. MISCELLANEOUS—
I. Bridge over Irrigation Canals and Channel 325
II. Stores Keepers 326
G TRANSFERS OF CHARGE—
L General 327-328
II. Executive Engineers and Subdivisional Officers 329-335
III. Other Officers 336
CHAPTER V
SPECIAL RULES FOR IRRIGATION, NAVIGATION, EM-
BANKMENT AND DRAINAGE WORKS
A. WORKS FOR WHICH CAPITALAND REVENUE
ACCOUNTS ARE KEPT—
I. Productive and Unproductive Works 337-339
H. Conditions relating to Productive Works 340
III. Unproductive Works 341
 8
IV Classification
342-343
V Principles for determining what Expenditure is chargeable
to Capital and what to Revenue 344-345
VI. When Capital and Revenue Accounts should be kept 346-347
B. WORKS FOR WHICH NEITHER CAPITAL NOR REVENUE
ACCOUNTS ARE KEPT
348
C. MINOR IRRIGATION WORKS IRRIGATING LESS THAN
80 HECTARES
349
D. DEBIT OF EXPENDITURE ON INVESTIGATIONS
350
E PREPARATION OF PROJECTS-IRRIGATION WORKS—
I
. General 351-356
n. Particular Instructions as regards Storage Projects 358
IV Project Estimates 359-360
V Closure of Construction Estimate 361-363
VL Completion Reports 364
CHAPTER VI
POWERS OF SANCTION
FUNDAMENTAL CONDITIONS 365-365A
A. POWERS OF CHIEF ENGINEERS 366
B. POWERS OF SUPERINTENDING ENGINEERS 367
C. POWERS OF DIVISIONAL OFFICERS 368
D. POWER OF SUBDIVISIONAL OFFICERS 369
APPENDICES
APPENDIX I Forms of Schedule, Contract and Tender Notice Page

APPENDIX II Instructions for the Execution of Emergency Works

for Irrigation, Floor Relief, Drought Relief, etc.
APPENDIX III Model agreement form for Hiring Government
Tools and Plants

APPENDIX IIIA Rate of Hire Charges for Departmental Vehicles

APPENDIX IV Procedure regarding payments to be made for the
services of the Central Water and Power Commission
when availed of by the State Government

APPENDIX V Procedure in regard to law suits

APPENDIX VI Rules for the destruction of useless records in the
possession of the Public Works Department
 9
Bond to secure exemption from payment of
APPENDIX VII Earnest Money in Individual Cases
Rules for Hiring Government Pumps to Panchayats /
APPENDIX VIII Cultivators in Emergency
APPENDIX IX Rules for the issue of Valuation Certificate required
by Private Boat Owners to assess the value of their Boats.
APPENDIX X Form of Lease Deed to be executed by Lessees of the Ferries
under the Public Works Department
APPENDIX XI
APPENDIX XII
APPENDIX XIII
APPENDIX XIV
Form of Quotation Notice
APPENDIX XV Form of Short Quotation Notice
 KERALA PUBLIC
WORKS DEPARTMENT CODE
CHAPTER I
ESTABLISHMENT AND ORGANIZATION OF
THE DEPARTMENT
A. INTRODUCTORY
1. This Code is intended to define the scope of the administrative
and executive functions of the officers of the Public Works Department.
It does not deal with questions of pension or leave nor with the detailed
procedure to be followed in connection with the accounts of the Public
Works Department. The rules contained in the Travancore and Cochin
Service Regulations and also in the Fundamental Rules and the subsidiary
rules thereto and the pension rules in the Civil Service Regulations are
applicable to the Public Works Department. The rules in the Travancore
Financial and Account Code relating to classes of transactions which
occur in the Public Works Department as well as in other departments
are binding upon the Public Works Department except in so far as they
may be overridden by express provisions in this Code or in the Kerala
Public Works Account Code. The detailed procedure to be adopted in
the accounting of transactions authorized by this Code is laid down in
the Kerala Public Works Account Code.

B. DUTIES OF OFFICERS OF THE PUBLIC WORKS

DEPARTMENT
I. Chief Engineer
2. There are two Chief Engineers, each of whom is the
administrative and professional head of that branch of the department
of which he is in charge and is responsible to Government for the efficient
working of that branch. Each Chief Engineer is the responsible
professional adviser of Government in all matters related to branch.
 12

3. It is the duty of the Chief Engineer to recommend to the State

Government removals, transfers and postings of Superintending and
Executive Engineers and Sub-divisional Officers within the State. One
Chief Engineer will be in charge of establishment but recommendations
to Government will be made in consultation with the other.
4. The Chief Engineer in charge of the estalishment shall be
competent.—
(i) to make appointments to the Non-Gazetted Posts of Junior
Engineers/Head Draftsmen and Junior Superintendents and Fair Copy
Superintendents and to Gazetted Posts to which he may be competent
to make appointments according to the delegation of powers ordered
from time to time subject to P.S.R. Rules and the Public Service
Commission (Consultation) Regulations and to make provisional
appointments for periods not exceeding three months;
(ii) to dismiss, degrade, suspend, discharge, retire under rules,
or to accept the resignation of any officer whom he is competent to
appoint subject to the procedure laid down by Government in the matter
of disciplinary action against Government servants while inflicting any of
the punishments;
(iii) to promote or fill up vacancies in all Gazetted cadres up to
and including Assistant Engineers from a list previously approved by
Government and to effect all transfer of Gazetted Officers upto and
including Assistant Engineers under intimation to Government;
(iv) to sanction all kinds of leave except study leave and special
disability leave to officers under him, and also to make arrangements for
additional charges and sanction charge allowances under Rule 53 (B)
(ii) and (iii) Part I, Kerala Service Rules. •
(v) to post any Non-Gazetted Officer or Gazetted Officer
upto and including the rank of Assistant Engineer for any special duty
for definite periods when exigencies of service necessitate such postings)
provided the total strength of the particular cadre in the Department is
not thereby exceeded and no allowance is payable on account of the
 13

special duty. The postings in the Gazetted Cadre should be intimated to

Government simultaneously.
5. The Chief Engineer shall fix the headquarters of all Officers
other than Divisional Officers, as he thinks best.
6. The Chief Engineer will exercise a concurrent control, with the
Audit Officer, over the duties of the officers of the department in
connection with the maintenance of accounts and will give all legitimate
support to the Audit Officer in enforcing strict attention to the regulations
concerning the disbursement of money, the custody of stores and the
submission of accounts. He will have no authority over the Audit Officer
in regard to audit matters, but will have a claim on him for assistance
and advice in matters relating to accounts and finance. At the same time
the Chief Engineer should arrange that the Audit Officer is kept fully
cognizant of all proceedings and proposals, to enable the latter to fulfill
his functions.
7. The Chief Engineer will prepare, annually, in respect of the
portion of the budget estimates relating to the works under his control,
and as soon as possible after the close of each year, a report of the
progress made during that period on the Public Works under his charge,
giving a brief but clear account of the operations of the department.
The general supervision and the control of the assessment of such
irrigation and navigation revenue as are collected in the Public Works
Department will rest with the Chief Engineer, who should frame the
necessary estimates and watch the progress of realization during the
year.

8. It will be the duty of the Chief Engineer to see that the budget
allotments of the year are fully expended, in so far as is consistent with
general economy. He will be responsible for ensuring that any money
which is not likely to be needed during the year is promptly surrendered,
so as to allow of its appropriation for other purposes by the proper
authority.
9. The Chief Engineer is responsible for all important structural
designs and controls the central designing offices.
 14

II. Superintending Engineer

10. The administrative unit of the department is the circle, in charge
of a Superintending Engineer, who is responsible to the Chief Engineer
for the administration and general professional control of public works
in charge of officers of the department within his circle.
11. It is the duty of the Superintending Engineer to inspect the
important works in his circle, to satisfy himself that the system of
management is efficient and economical, that regulations as regards
works, stock and accounts are strictly observed, and that the executive
and administrative work of the circle is satisfactorily performed.
I. In the case of large contracts the Superintending Engineers
shall be responsible for the general quality of the works both in relation
to specifications and finish. The following limits are prescribed in respect
of such works.—
(i) Building works costing Rs. 5 lakhs and above
(ii) Electrical works costing Rs. 1 lakh and above
(iii) Major Projects (individual Rs. 5 lakhs and above
projects costing)
(iv) Medium and Lift Irrigation Rs. 2 lakhs and above
works (Individual projects costing)
55
(v) Flood control works Rs. 2 lakhs and above
(vi) N av i g at i o n wo rk s 5)
Rs. 2 lakhs and above
(vii) Anti-sea erosion works Rs. 5 lakhs and above
(viii) Road works Rs. 2 lakhs and above
(ix) Horticultural works 11
Rs. 25,000 and above
II. The Superintending Engineer concerned should inspect the
above works personally and after completion, and the works should be
considered to have been completed only when the Superintending
Engineer records completion certificate in the form prescribed below:—
"I have inspected the work .......................contract value of which
is Rs...............vide Agreement No .............today, the ............................
As a result of this inspection and my previous inspections, I find that the
 15

work has been carried out generally according to specification and has
been completed satisfactorily. There are no noticeable defects except
the following:—
1 ..........................................................................................
2 ..........................................................................................
Note1. In case defects are such which cannot be rectified, but are
—

such as are not likely to affect the structural stability or the

general appearance of the building, Superintending Engineer in
his discretion can permit finalisation of the contract by ordering
payment at reduced rates.
2. This certificate will be attached to the office copy of the final
Bill of the contractor, and remain on the record of the Division.
The Executive Engineer shall not make final payment till this
certificate is recorded, and attached to the office copy. This
certificate, however will in no way, reduced the responsibilities
of the Executive Engineer, and the Divisional Accountant for
due check of the work and the bill as required by the rules.
3. In order to keep record of inspection carried by Executive
Engineers and Superintending Engineers, inspection notes should
be issued by officers as frequently as considered necessary, so
that both the officers on spot and the contractor are kept
appraised of the nature and character of works, and defects, if
any.
These defects should be rectified by the contractor at his
cost or by the department, action for which should be taken in
terms of the contract.
12. It will be his duty to watch and control the rates paid for work
and he may require an Executive Engineer, to report to him such details
of expenditure as he may desire.
13. It is his duty to satisfy himself that the staff employed is actually
necessary and adequate, and that the divisional and subdivisional officers
attend personally to their primary accounts; he will inspect each divisional
office once a year and report thereon to the Chief Engineer.
 16

14. The Audit Officer and the Superintending Engineer should assist
each other in rendering the management of departmental accounts as
perfect as possible. To this end, during his inspections of divisional
officers, the superintending Engineer will examine the divisional registers
and other accounts and measurement books, the mode of preparation
of estimates, contractor's accounts and agreements, the system of
recording plans and papers and office work generally. He is expected
to communicate freely and personally with Executive Engineers and to
advise them in the performance of their duties.

15. The Superintending Engineer shall be competent-

(i) to make appointments against sanctioned Non-Gazetted
Posts of the circle whether permanent or temporary, excluding the posts
of Junior Engineers/ Head Draftsmen and Junior Superintendents, subject
to P.S.R Rules and Public Service Commission (Consultation) Regulations
and to appoint through Employment Exchange, Part-time and Seasonal
Work Establishment Employees against sanctioned posts in accordance
with the rules and orders applicable for recruitment through Employment
Exchange;
(ii) to make appointments of menials charged to Office
Contingencies in sanctioned posts; •
(iii) to dismiss, degrade, suspend and discharge or accept the
resignation of any officer whom he is competent to appoint subject to
the procedure laid down by the Government in the matter of disciplinary
action against Government servants while inflicting any of the punishments;

(iv) to sanction all kinds of leave except study leave and special
disability leave to all N.G.Os. in the circle and casual leave to all G.Os.
in the Circle. He may also post them for special duty for definite periods
when the exigencies of service necessitate such postings provided the
total strength of the particular cadre in the Circle is not thereby exceeded.
He shall also be competent to order the transfer and posting of all N.G.0s.
in the circle including Part-time and Seasonal Work Establishment
Employees and to recommend removals and transfers of Division Officers
from his circle;
 17

(v) to sanction or to withhold increment including those at the

stage of efficiency bar in the case of all N.G.Os. working under him.
16. This Superintending Engineer should generally prepare designs
and have detailed plans and estimates prepared in his office for all original
works and improvements likely to cost more than Rs. 10.000. In the
case of estimates for improvements to existing structures amounting to
over Rs. 10,000 where the Superintending Engineer could not undertake
the preparation of estimates without being supplied by the Executive
Engineer with an amount of data which would make it more convenient
if the latter himself prepared the plans and estimates in question, the
Executive Engineer should prepare them. The Superintending Engineer
will be responsible for the engineering features of all designs prepared
by him; his Personal Assistant will be responsible for the calculations
and for the accuracy of the rates.
17. When submitting to the Chief Engineer any report, design or
estimate he will invariably state laid own opinion and recommendations
18. The Superintending Engineer should generally supervise and
control the correct assessment and realization of such revenue as is
assessed or collected in the Public Works Department.
III. Executive Engineer
19. The executive unit of the department is the division, in charge of
an Executive Engineer, who is responsible to the Superintending Engineer
for the execution and management of all works within his division.
20. An Executive Engineer can receive positive orders only from
his own departmental superiors the head of the administration, or other
Civil Officers duly authorised.
21. The Executive Engineer is responsible that proper measures
are taken to preserve all the buildings and works in his division and to
prevent encroachment on Government lands in his charge. He must
keep accurate plans of all Government lands borne on the Public Works
Department registers and ensure that his subordinates are acquainted
with the boundaries.
 18

22. The Executive Engineer should insist on periodical inspections

oral' vacant lands in charge (i.e., lands which were acquired or set
apart tbr particular objects not having been fulfilled and lands appertaining
to Government buildings which arc not enclosed by compound walls or
fences) being made by his subordinates in proper time with a view to
prevent encroachment thereon. So far as lands pertaining to Public
Works Department channels, canals, drains, tanks, tankbeds, road berms
and to other Public Works Department irrigation and road works are
concerned, encroachments thereon will be guarded against by the
subordinates of the Revenue Department.

23. Every Executive Engineer should immediately report to the Chief

Engineer through the Superintending Engineer and the Collector of the
District, any serious loss of immovable property caused by any accident
or unusual occurrence.
24. An Executive Engineer is prohibited from commencing any
work or expending any public funds, without the sanction of competent
authority or from making any other than trifling deviations from sanctioned
designs in the course of execution, except in cases of emergency.
25. Immediately on a work being finished, it will be the duty of the
Executive Engineer to close the accounts of it and to prepare the
- completion report if required by the rules in paragraph 199.
26. The Executive Engineer will submit his accounts punctually to
the Audit Office under the rules in force and will exercise efficient control
over his Divisional Accounts. The Executive Engineer is responsible for
the correctness of the original records of cash and stores, receipts and
. expenditure and for the submission of complete vouchers. The Divisional
Accounts is responsible for the correct compilation of the accounts from
the data supplied to him.
27. The Executive Engineer is responsible that the accounts of his
division are not allowed to fall into arrears; but if arrears or confusion
arises which in his opinion cannot be cleared without the assistance of
the Accountant General, he should at once apply for such assistance.
 19

28. The Executive Engineer has a right to seek the advice of the
Accountant General in all matters connected with the accounts of his
division or the application of financial rules and orders concerning which there
may be any doubt. It will usually be desirable however, that he should first
obtain the advice of the Divisional Accountant who is specially trained for this
duty, and this should be done in writing in all cases of importance.

29. The Executive Engineers is primarily responsible for reporting

without delay, supported, if necessary, by a workslip the probability of any
excesses over estimates, all important liabilities not brought to account
being noted, and for the prompt revision of estimates when necessary.
Note 1. The Executive Engineer need not submit workslips in cases in
—

which he has power to pass finally excesses over estimates but

should sanction workslips and keep them on record.
Note 2.— Workslips and agreements after completion are purposeless.
30. The Executive Engineer is responsible for the detailed
assessment of such revenue as is collected through the Public Works
Department within his division, and will maintain such records and
accounts for the purpose as may be prescribed.
31. The Executive Engineer is responsible that the surveying and
mathematical instruments in his division are properly cared for and will report
on their condition to the Superintending Engineer at the end of each working
season. Any injury to the instruments due to neglect or carelessness should
be made good at the expense of the officer or subordinates responsible
for the damage.
32. The Executive Engineer is responsible for the purchase (subject to
the provision of the Stores Rules), manufacture, care and disposal of all
stores in, or required for his division.
33. The Executive Engineer may dispose of temporary buildings or
structures required for and charged to works.
 20

34. The Executive Engineer shall be competent —

@ to make appointments against sanctioned last grade posts
in the Division, permanent or temporary, subject to P.S.R. Rules and
Public Service Commission (Consultation) Regulations; and to appoint
through the Employment Exchange Part-time and Seasonal Work
Establishment Employees against sanctioned posts in accordance with
the rules and orders applicable for recruitment through Employment
Exchange;
(ii) to make appointments of menials charged to office
contingencies in sanctioned posts.
CO to dismiss, degrade, suspend, retire under rules, discharge
or accept the resignation of any officer whom he is competent to appoint
subject to the procedure laid down by the Government in the matter of
disciplinary action against all Government servants while inflicting any of
the punishments. In very serious cases of fraud the Divisional Officer
may exercise the power to suspend the Section Officer provided,
however, that all such cases are reported to the Chief Engineer for
ratification.
(iv) to sanction all kinds of leave except study leave and special
disability leave to all N.G.Os. in the Division including Part-time and
Seasonal Work Establishment Employees. In the case of Junior Engineers/
Head Draftsmen and Junior Superintendents, the Executive Engineer
will be competent to sanction leave when no substitute is required. He
shall also be competent to order the transfer and posting of all N.G.O.
in the Division including Parttime and Seasonal Work Establishment
-

Employees.
(v) to sanction and to withhold increment including those at
the stage of efficiency bar in the case of all N.G.Os. working under him,
except Junior Engineers / Head Draftsmen and Junior Superintendents.
35. It will be the duty of the Executive Engineer to furnish Treasury
and Sub treasury Officers after due inspection with the certificate
-

prescribed in Article 51 of the Travancore Treasury Code as to the security

of strong rooms used or proposed to be used for the storage of coin.
 21

36. The Executive Engineer is ex-officio the professional adviser

of all departments of Government within the limits of his charge; and it
will be incumbent on him to see that no undue formalities arc allowed to
interfere with the performance of his duty.
37. The Executive Engineer is responsible for the engineering features of
designs and the rates in estimates prepared or sanctioned by him.
IV. Sub Divisional Officer
38. The division is divided into sub-divisions in charge of Sub
divisional officers, who may be Executive Engineers or Assistant
Engineers and who are responsible to the Executive Engineer in charge
of the division for the management and execution of works within their
subdivisions. No Sub division can be constituted in the first instance
without the sanction of State Government.
39. The Assistant Engineer shall be competent
(i) to grant all kinds of leave except study leave and special
disability leave to all N.G.Os. in the sub-division including Part-time and
Seasonal Work Establishment Employees except Junior Engineers,
I Grade Overseer / Draftsmen and U.D. Clerks and casual leave to all
Officers working under him;
(ii) to order the transfer and postings of all N.G.Os. in his
sub-division including Part-time and Seasonal Work Establishment
Employees except Junior Engineers, I Grade Draftsmen/Overseers and
Upper Division Clerks;
(iii) to sanction and to withhold increments including those at
the stage of efficiency bar of all N.G.Os. working under him including
Part-time and Seasonal Work Establishment Employees except Junior
Engineers, I Grade Overseer / Draftsmen and U.D. Clerks.
V. Divisional Accountant
40. The Divisional Accountant referred to in paragraphs 26 and
28 is appointed by the Finance Department of the State Government
and his functions are described in paragraphs 74 to 88 of the Kerala
Public Works Account Code.
 1
22

C. EMPLOYMENT OF TEMPORARYAND WORK

CHARGED ESTABLISHMENTS
I. Temporary Establishment
41. In order to meet the demand for extra supervision arising from
time to time, as well as to provide for the contraction as well as the
expansion of staff as the volume of work diminishes or increases, the
Permanent Establishment may be supplemented by temporary
establishments to the extent necessary. Temporary establishment will
include all such non-permanent establishment, no matter under what
titles employed, as is entertained for the general purposes of a division
or subdivision or for the purpose of the general supervision as distinct
from the actual execution of a work or works. The specific sanction of
Government is necessary for the creation of temporary appointments as
distinct from work charged establishment. Temporary establishments
are of the following kinds:—

(a) Temporary establishment engaged to provide for the

normal work of the Department i.e. in temporary territorial
divisions or subdivisions. These may be regarded as quasi-
—

permanent and integral parts of the territorial organizations and will be

sanctioned on that basis.
(b) Temporary establishments employed on the
investigation and execution of projects and work, with which
the territorial organizations are unable to cope.— Standing sanction
should be obtained for these for the period required for their completion.
Fresh sanction will not be required except for alterations in the sanctioned
scale or for extensions of the sanctioned period.

(e) Establishment of a purely temporary nature required

for short periods. The prior sanction of Government should be
—

obtained except where they are required to meet sudden emergencies

such as cyclone, etc. In such emergencies the Chief Engineers
Superintending Engineers and Executive Engineers may entertain in
anticipation of sanction, subordinate officers and petty establishments
on the minimum rates of pay. The Executive Engineers and Superintending
 23

Engineers should report at once to their immediate superior authority

the temporary establishment found necessary and regular proposals for
the establishment so employed should be submitted by the Chief Engineer
to Government, for sanction within a month.
II. Work Charged Establishment
42. Works establishment will include such establishment as is
employed upon the 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 departmental labour, stores and
machinery in connection with such a work or sub-works. 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.
Note. Provided the general principles or the rules in paragraphs 41
and 48 are not infringed the Chief Engineer and Superintending
Engineers are empowered, in consultation with the Audit
Officers to classify as "works" or "temporary" classes of
establishment not covered by these definitions to waive the
rule which prescribes that works establishment must be
employed upon 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.
43. The powers of the Chief Engineer, Superintending Engineers,
Executive Engineers and Subdivisional Officers to entertain work
Establishment are given in paragraphs 4 to 15 (0, 34 (i) and 39 (i). The
cost of works establishment must be shown as a separate sub-head of
the estimate along with contingencies.
D. POLICE AND OTHER GUARDS
44. When marching or in camp on public duty, officers are allowed
a guard for the protection for public property. Such guards are supplied
without charge by the Police Department, and application for them should
be made to the District Superintendent of Police by the officer requiring
 24

them, unless he be an Assistant Engineer or Subordinate Engineer, when

the application should be made by the Executive Engineer. Such guards
will not, however, be supplied unless the officer travelling is in charge of
Government money to the extent of Rs. 1,000 or upwards or unless the
country is disturbed.
45. In all cases where, through the inability of the Police Department
to supply a guard from the regular Police Force, special guards have to
be entertained, the sanction of the Local Government will be necessary.
Officers may, however, in urgent cases, entertain the guard in anticipation
of sanction, reporting their action at once to higher authority. The services
of such extra guards should be dispensed with directly when they are no
longer required.

46. If any expenditure is incurred in the Department in consequence

of the inability of the Police Department to supply the guards required
from the regular police force the charge must be debited to `establishment-
contingencies.
47. The expenditure on travelling expenses incurred by the Police
carrying treasure required by the disbursing officer of the Public Works
Department inclusive of the railway fares, if any, are to be treated as
contingent expenses incurred in the remittance of treasure and should
be accounted for as such by the officer incurring them and not as travelling
allowance.
E. MEDICAL ESTABLISHMENT
48. A Medical Officer employed in the Department is entitled to
the pay of his class and to free quarters. He may be allowed as part of
the public works establishment and furnished with medicines at the public
expense. Where however, any large body of workmen is collected
sanction to his appointment must be obtained under the usual rules
regarding increase of establishment and application for the service of
individuals to fill sanctioned appointments will be made by the Chief
Engineer.
 25

F. STATIONERYAINTD FORMS
49. Stationery will be supplied to all Divisional Officers by the Chief
Engineer on indents placed on the Stationery Department of the State
and Officers are prohibited from obtaining them from elsewhere except
under orders of Government in each case. Indents on the Stationery
Department must be carefully filled up. The number and quantity of
articles, indented for must not exceed the scale of supply as prescribed
from time to time nor should they be in excess of actual requirements.
Indents will be sent annually at such time as will ensure their reaching the
Stationery Department on dates which will be fixed from time to time.
Emergent indents are not admitted except in cases of necessity. Indents
for forms and returns will be sent annually by the Divisional Officers to
the Chief Engineer who will forward them to the Superintendent,
Government Presses, so as to reach him by the prescribed date.
Miscellaneous forms used in the Department may be got printed in the
local press with the sanction of Government, if this can be arranged for
more conveniently. Standard forms cannot be got so printed without
the previous sanction of Government.
50. All officers entrusted with the supply stationery and forms for
their official use will take proper precaution to keep them in the custody
of responsible and trustworthy persons and to maintain a record of the
receipts, issues and balances. Stock should be verified annually and the
certificate of verification recorded in the register of stationery over the
signature of a gazetted or other responsible officer.
G. DESTRUCTION OF OFFICIAL RECORDS
51. The various records of the circle and divisional officers included
in Appendix VI may be destroyed after the periods specified therein
unless, in any case, a record has been specially ordered to be kept for
a longer period. As regards records not included in the appendix the
sanction of the Superintending Engineer or of the Accountant-General
in the case of account records should be applied for annually in the
month of January. In ordering the destruction of such records, great
 26

care should be exercised that it is confined to such as are valueless, but

the following should, on no account, be destroyed:—
(1) Records in connection with expenditure which is within
the statute of limitation.
(2) Records in connection with expenditure on works not
completed. although beyond the period of limitation.
(3) Records of experiments and observations.
(4) Records in connection with claims to service and personal
matters connected with persons in the service.
H. RECORDING OF PLANS DRAWINGS
52. An Executive Engineer 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 place of buildings.
(ii) Complete plans, sections and elevations of every building
under his charge, 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 to any buildings should be distinctly
shown.
PERIODICAL RETURNS
53. With regard to periodical returns not prescribed by the
Government of India, the State Government or the Accountant-General)
officers to whom such returns are submitted should institute, at convenient
intervals of time, an examination into the necessity for each return, with
a view to the discontinuance of any that may be found to be no longer
necessary.
 27

CHAPTER II
WORKS

A. CLASSIFICATION OF THE OPERATIONS OF THE

PUBLIC WORKS DEPARTMENT
54. The operations of the Department are divided primarily into two
classes— "Original works" and "Repairs" or "Maintenance".
55. Original works include all new constructions, whether of entirely new
works or of additions and alternations to existing works, except as hereinafter
provided: also all repairs to newly purchased or previously abandoned
buildings required to render them usable.
56. In the case of irrigation works the minor head "Ektensions and
improvements" includes all works which either increase the efficiency of a
system or work or its scope of action by an extension of or-addition to it. The
circumstances in which irrigation expenditure can be charged to revenue
under "XVII, etc. Working Expenses Extensions and Improvements"
are explained in paragraph 345.
57. The term 'repairs' or 'maintenance' included all operations, except
the foregoing, required to maintain in proper condition, or to replace the
wear and tear of buildings and works in ordinary use.
58. There are certain operations of the Public Works Department which
fall under both the categories of 'original works' and 'repairs' i.e.,
operations which are of the nature of both e.g, substitution of a terraced for
tiled roofing, substitution of steel beams for damaged teak ones, dismantling
and extending a veranda, etc. The classification is determined by the
principles in paragraph 59. Vide in this connection explanatory note 23 in
Appendix 3 to Kerala Public Works Account Code also.
59. When a portion of an existing structure is to be dismantled for the
reason that it is structurally unsound and is to be replaced by a work which is not
in material essentials the same as the work dismantled e.g., thatched roof
replaced by tiled roof, or by an addition, e.g., an extension of a building, the
mixed work shall, for the purpose of determining the
 28

authority competent to sanction it, be treated as an original work. In the

estimate and in the accounts, the following points should however, be
observed:—
(a) If the new work costs more than the original cost of
work which it replaces, the whole cost should be first taken to original
work but eventually the difference should be charged under 'original
works' and the cost of the dismantled portion under 'repairs'. The cost
of the dismantled portion should be taken at its original cost of
construction plus the cost of any additions subsequently made, or where
this is not known, its estimated cost.
(b) If the new work does not cost more than the original cost
of the dismantled portion, the difference between the two will be written
off the capital accounts where they are kept, and the entire cost of the
new work charged under 'repairs' .
Note 1. If an existing structure dismantled for the reason that it is
structurally unsound is replaced by work which is in material
essentials the same as the work dismantled, the work is strictly
of the nature of repairs unless it falls under the last clause of
paragraph 55. If a work is dismantled and replaced, not
because it is structurally unsound but purely because of
administrative reasons, the entire operation will be treated as
an original work and the whole cost debited to 'original works'
the cost of the dismantled work being written off the 'capital
accounts'. The cost of dismantlement in either case should be
charged.

Note 2.— The cost of restoration or special repairs shall not be added
to capital cost or present value, unless such restoration or repairs
and to accommodation or involve replacement of the existing
type of work by work of a more expensive character.
Illustrations. The cost of replacement of palmyra rafters by
—

country wood or of bamboo hurdling by teakwood reepers or of lime

plastering by cement plastering should not be added to the capital cost
of building. The cost of deepening a well in order to restore the normal
 29

water-supply should not be added to the capital cost of a building but

the cost of replacement of country tiles by Mangalore tiles, and of
replacing a mud compound wall by a wall of brick in mortar plastered
with cement and replacement of a cement floor by tiles should be dealt
with in accordance with clauses (a) and (b) of this paragraph.
60. When an entire structure is reconstructed owing to the
OCCUITC11CC of fire, flood, earthquake, abnormal storm or other calamity
or owing to wear and tear, the work should be treated as an original
work and the cost of reconstruction as capital cost. On completion, the
Government will decide what amount should be written off the original
capital cost.
B. WORKS ENTRUSTED TO DEPARTMENTS
OTHER THAN THE PUBLIC WORKS
DEPARTMENT
I. General
61. Under Article 174 of the Financial Code Volume I, the duty of
constructing and maintaining Government buildings (other than buildings
and works executed by the Forest Department) used or intended to be
used for any purpose in connection with the administration of the State
devolves on the Public. Works Department except in so far as such
work is assigned by Government to the departments using or requiring
such buildings. The buildings fall under the following two categories:
(1) Residential Buildings.
(2) Non-residential Buildings.
62. The Commercial Departments of Government have been
assigned the work of the constructing and maintaining both residential
and Non-residential buildings of those departments. They shall,
therefore, be responsible for providing necessary funds for the execution
of such works in their departmental budgets.
63. In respect of buildings used by other departments, all residential
buildings will be in charge of the Public Works Department and they will
be maintained by the Department. The Public Health and Education
 30

Departments are assigned the work of constructing and maintaining

buildings other than residential buildings. All other non-residential
buildings shall be in charge o the Public Works Department.
64. The provision in respect of buildings assigned to the departments
concerned shall be made under the respective departmental budget heads
while those assigned to the Public Works Department will be made
under the P.W. major heads of accounts.
II. Forest Department
65. The Forest Department is empowered to execute its own works
whenever it is desirable to do so, instead of entrusting them to the agency
of the Public Works Department owing to the special circumstances in
which they are executed in out-of-the-way localities or owing to certain
peculiarities with which Forest Officers are better acquainted than those
of the Public Works Department. Such works are provided for in the
Forest Department budget.

III. Petty Construction and Repairs

66. Besides the assignments made to the Forest Department to
execute their own works as desirable above, the following works in
connection with Government buildings are assigned to the departments
using or requiring such buildings:—
(1) Works of petty construction and repair of buildings originally
constructed by the Public Works Department and borne on the Public
Works register in cases where such petty construction and repair are
carried out by the department using or requiring the building under the
rules in force from time to time.
(2) Works of petty construction and repair of Police lines,
huts and stations which do not form part of taluk offices, and other
buildings originally constructed by the Public Works Department. but
not borne on the Public Works Register in pursuance of orders issued
from time to time.
 31

67. (a) The rules and conditions governing the execution of

such works by the department concerned are given below:—
(1) All estimates should be covered by adequate budget
provision.
(2) Works of petty construction, maintenance and repair, the
estimated cost of which does not exceed Rs. 2,500 or any one work,
relating to buildings originally constructed by the Public Works
Department. whether borne on the Public Works Department Register
or not.
(3) Estimates for petty construction and repairs may be
sanctioned by heads of departments. Heads of departments are
authorised to sanction estimates for annual thatching irrespective of all
the money limits prescribed in (2) above.
(4) Such works should ordinarily be undertaken by the
Departments using or requiring them out of the funds placed at their
disposal in the budget.
(5) The works described above should not involve structural
alternations and additions to buildings in charge of the Public Works
Department. When they involve structural alternations and additions to
such buildings, civil officers should obtain the concurrence of the
Executive Engineer for the same and should also communicate to the
Executive Engineer, the actual cost incurred so that the capital accounts
of the buildings may be correctly maintained.

(6) If repairs are sanctioned to the roof of a building occupied

by more than one department, they should be of a trifling nature.
(7) In the case of a building occupied partly by a Local Fund
Office along with one or more Government offices, the cost of the annual
repairs should not exceed 1'/Z per cent or any other rate that may have
been sanctioned on the capital cost of the building.
(8) Civil Officers should seek the assistance of the officers of
the Public Works Department wherever they consider that the work
undertaken by them under these rules required professional supervision.
 1
32

(b) These rules do not apply to the following buildings, the

maintenance and repairs of which irrespective of the cost devolve on
the Public Works Department.
(i) Buildings whose capital cost is above Rs. 50,000 and
also buildings whose capital cost is not known, but whose maintenance
cost exceeds Rs. 1000 in each individual case or connected group.
(ii) All official residences except those under the
Administrative Control of the Forest Department.
(iii) Buildings which have been specially placed in charge
of the Public Works Department for maintenance and repairs.
(iv) Buildings occupied by more than one department
(except in the case of petty internal repairs which may be attended to by
the occupying department).
(v) Government buildings wholly occupied by
Departments of Central Government on payment of rent.
(vi) Buildings occupied partly by the Departments of
Central Government or as official residences and partly by the
Departments of the Government of Kerala.
Note.— The expression "internal repairs" should be taken as including
item such as white-washing and petty repairs to walls, inside
and outside, repairs to floors including those of verandahs,
repairs to ceiling, repairs to doors and windows, painting or
wood-oiling or varnishing them inside as well as outside.
The requirements in condition (5) under this rule should be
observed in carrying out "internal repairs". No alternation in
any part which might have the effect of altering any part of the
design may be carried out without reference to the Public Works
Department (e.g. altering the pattern of the flooring or using
different quality of timber in connection with repairs to ceiling).
Repairs to roofing would be an item of external repair (to be
done by the Public Works Department). So also repairs
(internal as well as external) to the out-houses in common use
and repairs to compound walls. All special repairs would
likewise have to be carried out by the Public Works Department.
 33

IV. Public Works executed by Civil Officers acting

as Public Works Disbursers
68. The administration o fall Public Works other than those assigned
to the departments concerned under Paragraphs 61 to 67 above falls
within the functions of the Public Works Department. but even such
works may, by a mutual understanding between the Public Works
Department. and the department concerned be executed by the latter
on behalf of the former the charges being debitable to the Public Works
grants.
C. ADMINISTRATIVE APPROVAL AND
TECHNICAL SANCTION
69. For every work proposed to be carried out, except petty works
and repairs the cost of which does not exceed Rs. 2,500, a detailed
estimate must be prepared by the Public Works Department. for the
sanction of Competent Authority; the sanction is known as the technical
sanction to the estimate. Except where definite provision is made in this
Code to the contrary, such sanction can only be accorded by
Government or, where power has been delegated to them, by officers
of that Department. Sanction accorded to the construction of a work
by any other Department of Government is merely an administrative
approval of the work, which is in effect an order to the P.W.D. to execute
a certain specified work for the department at a stated cost.
70. It is a waste of public money to prepare detailed plans and
estimates for schemes for which provision of funds is unlikely to be
made, and for this reason, in complying with requests from other
Departments for approximate estimates and preliminary plans for the
purpose of administrative approval, only sketch plans and statements of
probable costs (based in the case of buildings on cubic metre or plinth
area rates) should be furnished by the Public Works Department. On
receipt ofthese, the requisitioning officer should take steps for obtaining
the necessary administrative approval.
Note L No approximate estimate is necessary when the total cost of
—

a work is less than Rs. 5,000. In such cases a detailed estimate

 34

should be prepared in the first instance provided the Executive

Engineer is satisfied that the proposed work is necessary and
is likely to be sanctioned.
Note 2.--Approximate estimate should be accompanied by a
preliminary report, and such preliminary plans, information as
to site, etc., as may be necessary to fully elucidate the proposals.
71. Except to the extent delegated in this Code, all works require
the administrative approval of Government in the department concerned
in consultation with the Finance Department. Administrative approval
should not be accorded by any authority until the Finance Department
have stated that there is a reasonable prospect of funds being provided
in the same or succeeding year.

Note. A similar procedure will be applicable for works required for

—

the Public Works Department except that both the administrative

approval and technical sanction will be accorded in the same
department.
72. On receipt of administrative approval to works costing below
Rs. 50,000, the Public Works Department. should prepare detailed
estimates and plans and after the professional authorities are satisfied
that the proposals are structurally sound, the counter signature of the
Head of the Department or of the local Head of the Department who
applied for the execution of the work should be obtained to the plans
and estimates in token of approval. Technical sanction should then be
accorded.

73. In the case of works costing Rs. 50,000 and above the
procedure indicated below should be observed. As soon as possible
after administrative approval is obtained to any such buildings or schemes,
detailed plans and estimates should be prepared with lump sum provision
for electrical and sanitary fittings. When the detailed plans are ready in a
rough shape the Architect to Government should consult the Head of
the Department who should in his turn obtain the advice of, and circulate
the plans, to experienced officers of his department. The Head of the
Department should also consider specifically such points as lay out and
 35

orientation of the buildings on the site with an eye on sanitation, water

and electric supplies and the suitability and economy of arrangement of
the building. The Architect should ascertain the exact requirements from
the Head of the Department and incorporate them in the building plans
which are then to be countersigned. Such approved plans countersigned
by the Head of the Department should not be altered subsequently
without the sanction of Government. As soon as the plans have been
countersigned the Executive Engineer should immediately proceed to
obtain technical sanction.

Note. Technical Sanction to estimates for works referred to in this

—

para in respect of works (which are treated as major works)

should be issued only if such estimates are prepared based on
data gathered through detailed investigation including soil tests
(vide also item XI of Chapter II 4 of this Code) and after the
estimates certified to that effect by the concerned officers of
the Public Works Department.
74. If in the preparation of detailed estimates it is found that the
cost will exceed the estimate administratively approved by more than
10 per cent, revised administrative approval must be obtained before
technical sanction can be accorded.
75. In the case of Civil Works in charge of civil officers acting as
Public Works Disbursers under paragraph 68, the estimate should be
prepared by them in forms adopted in the Public Works Department
Code together with the plans, where necessary and the necessary
technical sanction of competent authority in the Public Works Department
should be obtained. Standard designs should be adopted, as far as
possible with such modifications as local or other circumstances may
necessitate.

D. DEMANDS BY CIVIL OFFICERS

I. General
76. The procedure in this section is applicable only in the case of
works carried out by the P.W.D. and does not hold good in the case of
works carried out by the other departments-vide paragraphs 61 to 67.
 36

77. Applications for new buildings and for additions or alterations

to existing buildings, should be made by the officer of the department
concerned, in communication with the Executive Engineer. It is the duty
of the Executive Engineer, while giving due weight to the opinions of the
department concerned, to oppose any application for works o the real
necessity for which he is not satisfied; whenever he is unable to
recommend the execution of a work, he should explain his objections to
the officer concerned, and if he fails to convince him, he should refer the
matter to the Superintending Engineer. The actual execution of works
asked for by civil officers, must in every case, be depended on funds
being available.

78. The local head of a civil department may call upon the Executive
Engineer to report on proposals for additions or alterations to the buildings
in his use and to state the probable cost; but Executive Engineers cannot
be required, except by their departmental superiors, to prepare the
detailed designs and estimates necessary for technical sanction.
79. Proposals for frequent additions and alteration present a real
obstacle to rapid progress and Executive Engineers should refuse to
consider proposals for alterations if they are not satisfied as to the
necessity of the alterations but they should forward a brief but clear
statement of their reasons for tile refusal to the Superintending Engineer
as well as the administrative authority concerned.
II. Petty original works costing Rs. 2,500 or less
80. In cases in which such works are not executed by Civil
Departments under the provision of paragraphs 66 and 67 but are
required to be carried out by the P.W.D. a requisition should be made in
Form K.P.W. 26, by the officer requiring the work. The Executive
Engineer will record on the requisition what work should be done
(applying the principles of the two foregoing paragraphs), an estimate
of the probable cost, and his sanction to the estimate. After acceptance
of the estimate by the requisitioning officer, the P.W. Department will

J
 37

take necessary action to provide funds and to sanction the execution of

the work.
Note.— Lump sum grants for minor works arc allotted to circles for
distribution by the Superintending Engineer; generally, these
grants are redistributed to divisions at once. In such cases, the
Divisional Officer will sanction execution of the work.
III. Procedure in regard to original works costing
more than Rs. 2,500
81. Ifthe work be likely to cost more than Rs. 2,500 the procedure
described in paragraphs 69 to 73 regarding administrative approval and
technical sanction should be followed.
IV. Procedure in regard to repairs
82. The procedure to be followed in the case of repairs is as
follows:—
(i) A requisition will be made by the Civil Officer concerned
to the P.W. Department.
(ii) On receiving the requisition, the Executive Engineer will first
satisfy himself as to the propriety of the work and that there is sufficient
provision in the budget grant under the proper sub-head of 'Repairs'.
(iii) The Executive Engineer may then order the immediate
execution of the work, without the preparation of a detailed estimate,
provided that the cost is not likely to exceed Rs. 1,000.
(iv) Should the budget grant under the particular sub-head be
insufficient to meet the outlay, reference must be made to the
Superintendent Engineer
(v) When the approximate estimate exceeds Rs. 2,500 a
detailed estimate must be framed and sanctioned by the authority
competent to accord technical sanction.
See also paragraphs 72 and 73.
 38

V. Execution of works in the Raj Bhavan

82A. At the beginning of each financial year, the estimated
requirements for new works, improvements repairs, etc., to be carried
out in the Raj Bhavan during the year will be prepared by the Executive
Engineer, Buildings and Roads, Trivandrum and the estimate will thereafter
be submitted to the Comptroller, Governor's Household for his approval
and after scrutiny by him, allotment of funds, not exceeding the monetary
limit prescribed in the third schedule to the States Reorganization
(Governor's Allowances and Privileges) Order, 1957 will be made by
him in consultation with the Chief Engineer, Buildings and Roads, who is
the estimating and controlling officer in respect of the provision for the
works in question. Estimates will be prepared for each item of work by
the Executive Engineer, Buildings and Roads Trivandrum and will be
submitted to the Comptroller, Governor's Household for his
countersignature. If works relating to the maintenance and repairs will be
sanctioned by the Executive Engineer, Buildings and Roads, Trivandrum
and all new work detailed below will be sanctioned by the Comptroller,
Governor's Household up to the extent shown against each item and
those above these limits will be sanctioned by the Government.

(i) Ordinary original works Upto Rs. 5,000 in each case.

relating to His Excellency the
Governor's Residences and
non-residential buildings
(ii) Other residences in the Raj Up to Rs. 1,500 in each case.
Bhavan Compound
(iii) Improvements and additions
to electrical works Up to Rs. 500
The expenditure will be classified under a distinct head
"RESIDENCE OF GOVERNOR — CHARGED" under 50 Civil works
Original works—Buildings — General Administration or 50 Civil
Works — Repairs — General Administration.
 39

VI. Limitation of sanction

83. Nothing in these rules is to be construed into permission to
officers to carry out in portions any group of works or alterations or to
make purchases of which the cost in the aggregate would exceed what
they are empowered to sanction under the rules.
E. PREPARATION OF PROJECTS
I. General
84. The papers to be submitted with the project for a work will
consist of a report, a specification and a detailed statement, of
measurements, quantities, and rates, with an abstract showing the total
estimated cost in rupees only of each item. These documents form
what is called 'the estimate' in the sense of this Code. The form of the
abstract will depend on the method proposed for the execution of the
work. If it is intended to purchase or supply materials and to employ
labour for construction separately (whether by contract or departmental
agency) the abstract of the estimate should be so framed as to show
separately for each distinct item of artificer's work (1) the cost and
quantity of 'labour' and (2) the cost of materials. But if this is not the
case, e.g., when any item of work is to be executed by contract and it is
proposed to contract for the completed items of work, the abstract of
the estimate may show merely the quantity and cost of each item of
work. In the case of a project consisting of several works, the report
may be a single document for all the works and likewise the specification;
but details of measurements and abstracts may conveniently be prepared
for each work, supplemented by a general abstract bringing the whole
together. In the case of estimates for 'Repairs' or 'Maintenance' only
the specification and the detailed statement of measurements and
quantifies with the abstracts will ordinarily be required. The report should
state clearly the purpose of the work estimated for, and explain any
peculiarities which require elucidation, including where necessary the
reasons for the adoption of the estimated project or design in preference
to others.
 40
85. lb theilitate the preparation of estimates, a schedule of rates of
each kind of work commonly executed should be prepared annually in
each division. and the rates entered in an estimate should generally vet
with the schedule rates, but where from any cause these arc considered
not sufficient, or in excess, a detailed statement must be given in the
data sheet showing the manner in which the rate used in the estimate is
arrived at. For preparation of estimates for National Highways, the
specification for items of work contained in the book let named
"Specification for Roads and Bridge Works" published by I.R.C. on
behalf of the Government of India, Ministry of Shipping and Transport
(Roads Wing) as amended from time to time and in force should be
followed.

86. In the case ofmaterials supplied departmentally, the rates allowed

to the contractor should not allow any profit on the cost ofmaterials.
87. When an extra percentage is allowed on account of special
local conditions such as in the case of out-of-the way works, it should
be so stated in a note at the end of the data statements accompanying
schedules of rates and this extra percentage should not be described as
contractor's profit.
88. The schedule of rates should be prepared on the basis of rates
prevailing in the locality, and as it is used for the important purpose of
preparing estimates and is also used as a guide in settling rates in contract
agreements, necessary analysis of the rates for each description of work
and the varying conditions thereof should be given as far as practicable.
89. In working out of the rates, the tenders accepted for works in
the division during the twelve months preceding the date on which their
preparation is due to begin, and the tendency of rates and prices to rise
or fall should be taken into account. When rates and prices are changing
rapidly, the Chief Engineer should issue orders at any time, that a certain
percentage should be added to or deducted from all the rates or from
certain specified rates or from rates for certain specified classes of items,
e.g., for materials or for labour. In the data accompanying the schedule
of rates for works the Contractor's profit should not be added as a
separate item.
 41

90. In addition to the usual charge of5 per cent for petty supervision
and contingencies, all incidental expenditure which can be foreseen, such
as compensation for or cost of land, sheds for workmen and stores,
should be separately provided for in the estimate. The provision for
contingencies may not be diverted to any new work or repair which is
not provided for in the estimate, without the sanction of the Chief
Engineer.
Note.— The provision for petty supervision should, in no case be
diverted to meet expenditure on other items of work.
91. In the estimates for major works, provision up to 5 per cent of
the estimated cost of the works portion may ordinarily be made for
"unforeseen works". When found necessary, this provisions may be
utilized for new items of works which are required by the administrative
authority and which are essential for the fulfillment of the precise object
for which the estimated for the main work is intended. The working
estimates for such works will be sanctioned by the Executive Engineer
up to a limit of Rs. 2,500 for each item and by the Superintending
Engineer beyond this limit.
The rules regulating the inclusion in estimates of the approximate
cost of establishment and tools and plant will be found in respect of
irrigation projects, in paragraph 360 below and in respect of other works,
in Rule 5 of Appendix 2 to the Kerala Account Code, Volume III.
92. Estimates for works on which it is intended to use prison labour
will, as in the case 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.
93. Important structural designs should, as far as possible be
prepared in the Chief Engineer's Office together with the schedule of
quantities, and the remaining designing work of importance should be
concentrated in the Superintending Engineers Office, the executive offices
being left to deal only with design for the alterations of existing building
and less important new works. The responsibility for the technical
features of a design lies with the office of origin. Local Officers will be
 42

responsible, however, for setting locally questions connected with

foundations and other similar matters. Subordinate Officers should
always bring to the notice their higher authorities any unsuitability of or
any technical defect in, as design.
94. All Government servants should treat the rate and the amount
of cost entered against each item in an estimate and the abstract showing
the total estimated cost of a work or part of a work as strictly confidential.
No information concerning them may be communicated on any account
to any Contractor, piece-worker or prospective tenderer.
94A. In the case of major works, technical sanction to the estimates
should be issued only if such estimates are prepared based on data
gathered through detailed investigation including soil tests and after the
estimates are certified to that effect by concerned Officers of the P.W.D.
II. Original Works
(A) CIVIL BUILDING

95. The site of every building should, if possible, be definitely settled

before the detailed designs and estimates are prepared.

96. The choice of sites for buildings always requires careful

consideration, but when designed as residences, especially for a large
number of persons, the point becomes one of paramount importance.
In the case of jails, etc., the Executive Engineer must carefully investigate
the nature of the drainage for a considerable distance round the proposed
site, particularly satisfying himself that the spot (and, as far as possible)
the neighborhood) is not liable to flood; he must examine the position
of the neighboring buildings, cultivation, tanks, jungles, etc., note the
direction of the prevailing winds, and character of the buildings, and
must, if possible, obtain the opinion of medical officers as to the suitability
of the site with reference to these and all other circumstances; the quality
and sufficiency of the supply of water must also be carefully investigated.
The results of these investigations should be stated in the report on the
estimate.
 43

97. In all cases local authorities must be consulted as to the

convenience of a site.
98. In the case of works or buildings which are intended to be
erected in the neighbourhood of any Fort or Contonment, the matter
should, in the first instance, be referred to the Local Military Works
Officer for an expression on his opinion from a military point of view,
and then submitted to the Government of India in the Army Department
for concurrence, and when such concurrence has been obtained, no
deviation is permissible without previous reference to the Department.
99. Rules regarding Zones of Defensive Works will be found in
Army Regulations, India. Special attention is drawn to the restrictions
on the construction of buildings, alteration of ground level and collection
of materials in such zones; and to the prohibition of the transfer of State
land in zones without the sanction of the Government of India.
100.Powder magazines, and all buildings which from their height
or exposed situation, are likely to be struck by lightning, should be
provided with lightning conductors, on the system laid down in the Code
of Instructions for the guidance of Public Works Officers in the erection
and testing of lightning conductors.
101.All lightning conductors and their connections with the earth
shall be inspected and tested periodically by the Public Works Officers.
A report of each inspection should be submitted to the Chief Engineer,
who will take immediate and effective measures for remedying the defects
therein brought to notice, at the same time reporting to higher authority
the action taken by him.
(B) ROADS
102. Estimates for new lines of road should include the cost of all
dwelling and inspection houses to be built along them for the
accommodation of Inspecting Officers, subordinates and others; and
the reports prefacing the estimates for such works must be full and
informative, clearly showing the necessity for the road, its termini, the
class of road proposed, facilities for future maintenance, and the type
and volume of traffic anticipated, etc.
 44

103. Estimates for bridges must be accompanied by adequate

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

104. Whenever it is proposed to construct or modify a bridge,

culvert, dam, diversion or other work, which might affect any railway
Line in the vicinity, the Railway Administration should be consulted in
regard to the adequacy of the waterways, etc., provided in the proposals.
Where there is disagreement, the matter should be referred to the Chief
Engineer, P.W.D. through the Superintending Engineer concerned. The
decision of the Chief Engineer should be final.

105. In addition to the actual bridge plans the following plans should
accompany an estimate for a new bridge:—
A plan of the stream for 1.5 kilometres above and below the
proposed crossing, with connected cross-sections, at every 250 metres
(or oftener, if necessary) a cross-section of the stream at the proposed
bridge-site showing the general level of the country on either bank as
well as that of road approaches; the various water levels; depth at which
good foundation is available and its nature.
(C) TOWN SUPPLY PROJECT
-

106. For town-supply projects the nature and quantity of the existing
water supply should be given, and the reasons necessitating an improved
supply; the possible sources of an additional supply and the reasons for
 45

preferring the scheme submitted, the area and the population to be

supplied as well as the estimated daily allowance in litres per head of
population, the quality of the water and whether requiring treatment or
not.
107. 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. The annual cost of
maintenance should be estimated and calculations in support of the
dimensions and discharges of pipes should be supplied.

III. Repairs
(A) GENERAL

108. (a) 'Repairs' may be divided into two classes 'Ordinary' and
`Special'. Ordinary repairs include-
(i) those which, as a matter of regulation, are carried out
periodically and which are usually of the same quantity from time to
time, such as the painting or white washing of a building, or a new coating
of metal on a road;
(ii) other occasional petty repairs which may become
necessary from time to time and which may have to be carried out
between the times of periodical repairs;
(iii) in respect of irrigation works all operations required
to maintain, in proper condition, the work, as they are i.e., to the
standards laid down already.
(b) (i) Special repairs are other than ordinary repairs, i.e.,
they are repairs which are not periodical or frequent, e.g. reroofing a
building, replacing of beams, renewal of flooring, etc., whenever a work
of special ordinary repairs is accompanied by improvements or by
extensions, the rule in paragraphs 58 and 59 for classifying the work
should be observed.
(ii) In respect of irrigation works, special repairs include
all operations required to maintain the works in a better condition, i.e.,
to an improved standard, by using materials of a more permanent or
 46
lasting nature without increasing the efficiency or scope of the system,
e.g., cement plastering or pointing in place of ordinary plastering or
pointing, plastering in place of pointing, rough stone masonry in place of
dry stone packing, revetment to tankbunds at sites of breaches and to
margins of rivers at places where they are eroded, grouting newly the
surface of the aprons and revetments, lengthening of aprons and
revetments to protect erosions noticed in beds and margins of rivers,
canals and channels. Whenever a work of special or ordinary repairs is
accompanied by improvements or extensions, the rule in paragraph
345(c) for classifying the works should be observed.

109. Ordinary repairs. A separate estimate should be prepared

—

annually for all the anticipated ordinary repairs of each building or work
or group of works during the working years, as detailed in the budget.
An ordinary repair estimate lapses on the last day of the financial
year in the case of roads and buildings. In the case of irrigation works,
however, separate working years may be prescribed in order that the
estimates may be prepared in the slack season, and that the end of the
financial year may not interfere with the working season of the
Department.
Note. The ordinary repair estimates of the Divisions in the Palghat,
—

Kozhikode and Cannanore Districts lapse on the 31St August.

110. All estimates for deposit works whether original works or
repairs will continue to be in force till the work is completed or unless
the estimate is not operated upon for five years whichever is less.
111. The sanction to ordinary repair estimate lapses on the last
day of the year fixed by the State Government under paragraph 109.
If, however, inconvenience would arise in any exceptional case from the
stoppage of the work on the fixed date the repairs may be carried on to
completion, the expenditure after that date being treated as expenditure
against a fresh repair estimate for the next working year.
112. In the case of non-periodical estimates pertaining to irrigation
works the time-limit of five years prescribed in paragraph 173 for
sanctions to estimates for original works and special repairs will apply
 47
113. Repair estimates should, like those for original works,
provide for the removal of all rubbish which may have accumulated,
filling in unsightly pits, etc., round the buildings; all works establishment
employed specially on the work; and under separate sub-heads, all
watchmen sanctioned by Competent Authority for the care of
vacant buildings, guarding works, working sluices, etc.
114. Estimates for special repairs remain current till the
completion of the repairs in the same manner as estimates for
original works.
115. In the case of all description of work, for the renewal
of which any specific period of time had been fixed, the estimate for
its repair should show the date when such item of work was last
executed.
116. No administrative approval is required for works, which
are of the class of either ordinary or special repairs. The class of
mixed works described in paragraph 58 above require the same
approval as original works.
117. To facilitate the preparation of estimates for periodical
repairs to buildings, standard measurement books may be kept in the
office of each Executive Engineer, showing their detailed
measurements vide paragraph 317 of the Kerala Public Works
Account Code.
118. The estimate when prepared will be submitted to the
officer occupying the building, for counter-signature in token that all
repairs known to be required are provided for. In the case of buildings
occupied by officers of a Civil Department occasional repairs not
provided for in the annual estimate will be executed on requisitions
sanctioned under paragraph 82.
119. Provision for the payment of municipal or other taxes on public
buildings should be made in the annual repairs estimates in the following
cases:—
(i) where the whole or part of the tax on a
non-residential building is paid by the Public Works
Department as the department in administrative control of
the building,
(ii) taxes on residential buildings if payable by
Government.
 48

(B) SPECIAL REPAIRS

120. It is irregular to classify under "Special Repairs" an estimate which

provides for items of ordinary repairs for the reason that the repairs cannot be
completed before the date fixed for the closure of annual maintenance
estimates.
IV. Roads
121. Unless metal is, be obtained by purchase or contract, delivered on
the road, the estimate should show the proposed cost, divided under "cost of
collection" and "carriage" if the metal is to be manufactured the probable
outlay on each sub-head of the operation should be shown distinct from
carriage.
F. CONTRACTS
I. Methods of Execution of Works
122. The works executed by the department are carried out by one
of the under mentioned three methods:—
(i) departmentally, by the employment of daily labour,
(ii) by piece work agreement, and
(iii) by schedule contract.
123. Method (i) is adopted in cases where no contractors are
available or where, for other reasons, it is found more economical. Under this
method, the department manufactures or purchases its own materials. The
purchase of materials or tools and plant and machinery is governed by the
stores rules in Chapter VII under Stores of the Kerala Financial Code
(Volume I).
124. Under method (ii) the piece-worker merely agrees to execute a
specified work at specified rates without reference to quantity or time. The
conditions of the contract and the security to be taken from the piece-
worker for the due fulfilment of the contract are set forth in the standard
form. The piece-worker usually possesses little professional knowledge of
capital and employs no supervising staff. The department arranges for the
supervision, the setting out and the measuring of all work. The piecework
system shall ordinarily be confined to works
 49

(including improvements and repairs) costing not more than Rs. 2,500.
If, in any case of improvements and repairs costing above Rs. 2,500 it
is considered preferable to adopt the piece work system instead of
method (iii), the reasons therefore should be recorded in the relevant
file. The schedule of rates in the piece-work agreements should show
rates either for finished work or for labour and materials, as the case
may be even for items for which lump sums have been provided in the
sanctioned estimates. A Standard Form for "Piece Work Agreement" in
the Kerala Public Works Department is given Appendix - X.

125. In regard to method (iii) under a schedule contract the

contractor undertakes to execute the work at specified rates, the sum
he is to receive depending on the quantities and kinds of work done or
materials supplied. The work should also be completed within a specified
time limit from the date of commencement of work. These conditions
are set forth in the standard form of agreement reproduced in Appendix I.
126. In the case of each work executed under method (ii) or method
(iii), the authority accepting the contract will decide whether it is desirable
to retain in the hands of the department, the supply of imported stores
or other materials.
127. In cases where it is decided that the department should supply
certain materials to the contractor for use on the work, a description of
every such material and the rate and place at which it will be supplied
should be specified in the notice calling for tenders and also in the schedule
forming part of the agreement-vide paragraph 358 (b) of the Kerala
Public Works Account Code.
128. In cases where the contractors are allowed to supply the
required articles themselves the description of such articles must be
clearly defined by governing specifications. When test certificates are
demanded, full particulars shall be given in the tender notice and the
agreement and it shall also be stated therein that the cost of furnishing
such certificates shall be borne by the contractors.
 50

IL Contract Documents and Enforcement

129. Before a work is given out on contract, the authority competant
to accept the contract must prepare "contract documents" to
include:—
(i) a complete set of drawings showing the general dimensions
of the proposed work and so far as necessary, details of the various
parts-works to be done under lump sum items in the schedule to the
agreement should be clearly defined by specifications or drawings, as
necessary.
(ii) 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. In the case of the items of work for which there are already
standard specifications, the numbers of the relevant specifications should
be referred to in the schedule attached to the agreement. In the case of
works relating to National Highways in the State, the relevant
specification contained in the book let named "Specification for Road
and Bridge Works" published by the Indian Road Congress on behalf
of the Government of India, Ministry of Shipping and Transport (Road
Wing) as amended from time to time and in force should be referred to
in the Schedule attached to Agreement.
Note. Items (i) and (ii) above are necessary for both piece-work
—

and schedule contracts.

(iii) a schedule of the quantities of the various descriptions of
work. (This is necessary only in the case of Schedule Contracts.)
(iv) a set of 'conditions of contract' to be complied with by
the persons whose tender is accepted.
130. The terms of a contract must be precise and definite and
there must be no room for ambiguity or misconstruction therein. No
contract involving an uncertain or indefinite liability or any condition of
an unusual character should be entered into without the previous consent
of the competent financial authority.
 51

131. If the contract, even when it is within the powers of acceptance

of the Executive Engineer, is to be of a very special nature, he should,
before inviting tenders publicly, submit the contract documents to the
Superintending Engineer for his approval or remarks together with a
copy of the proposed advertisement for tenders and the form in which
the tenders are to be submitted. The Superintending Engineer should
similarly, when the amount of the contract is likely to exceed his powers
of acceptance or when it is to be of a very special nature requiring, in his
opinion, the Chief Engineer's advice, submit the contract documents to
the Chief Engineer for approval.

132. Contracts should, where possible, be executed on one or

other of the standard forms, but they may be modified to suit the
requirements of any particular case, or for works of great magnitude,
after consultation with the legal advisers of the Government. In cases
where it is considered that none of the standard forms can be used even
with suitable modifications, the contracts should be got prepared specially
by the Government Law Officers.
-133. Engineers and their subordinates are responsible that the terms
of contract are strictly enforced and that no act is done tending to nullify
or vitiate a contract.
III. Tenders
134. Tenders, which should always be sealed, should invariably be
invited in the most open and public manner possible, whether by
advertisement in the Government Gazette or local newspapers, or by
notice in English and the vernacular posted in public places, and tenderers
should have free access to the contract documents. The notice should
in all cases state-
(i) when and where the contract documents can be seen and
the blank forms of tender can be obtained and also the amount to be
paid for sets of plans or other tender documents;
(ii) when and where tenders are to be submitted and are to be
opened (in the case of large contracts, the date of receipt of tenders should
be at least one month after the date of first advertisement or notice);
 52

(iii) the amount of earnest money to accompany the tender,

and the amount and nature o f the security deposit required in the case of
the accepted tender;
(iv) with whom, or what authority acceptance of the contract
will rest.
Note. The following rates have been fixed for the sale of tender
—

forms:—
*Probable amount of contract Cost of tender Cost ofadditional
forms, schedules, Copy ofthe Tender
etc. of the first Forms, Schedules
copy etc.
Rs. Rs.
Up to Rs. 5,000 5 2
Above Rs. 5,000 to Rs. 25,000 10 2
Above Rs. 25,000 to Rs. 50,000 15 2
Above Rs. 50,000 to Rs. 1,00,000 25 2
Above Rs. 1 lakh to Rs. 5 lakhs 50 5
Above Rs. 5 lakhs to Rs. 10 lakhs 100 10
Above Rs. 10 lakhs to Rs. 25 lakhs 150 10
Above Rs. 25 lakhs to Rs. 50 lakhs 250 25
Above Rs. 50 lakhs 350 50
135. Authority should always be reserved to reject any or all of the
tenders so received without the assignment of reason and this should be
expressly stated in the advertisement.
136.(a) No tender should be accepted from any person directly or
indirectly connected with the Government service.
(b) All the tenders received should be registered in a Register
of Tenders, in Form K.P.W. 90 as and when they are received and their
disposal watched from the time of heir receipt till the contract is settled.
137. The Executive Engineer or the Superintending Engineer as
the case maybe, should open the tenders in the presence of the tenderers

*See G.O. (P) No. 1/2009/SPD dated 8-1-2009

 53

or their authorised agents who may choose to be present at the time.

The following procedure should be adopted in this connection:—
(0 The officer opening the tenders (including all documents)
should invariably date and initial not only the corrections in each tender,
but also should initial all pages of the tender irrespective of whether they
contain or do not contain corrections, overwritings, etc.
(ii) The officer concerned should mark all corrections and over
writings and number them and attest them in red ink. In case of a number
of corrections in any rate, either in words or in figures or in both, the
number of corrections marked should indicate, the corrections serially,
that is to say, in case of, say, three corrections in rates of any one item,
each of these three corrections should be allotted independent numbers
serially and not one number to represent all the three corrections. In
cases of more than one correction where the correction is not legible,
the rate should be written afresh in the hand of the officer opening the
tenders. When there is no correction on a page, instead of attesting
mere initials, the note "no correction" may also be inserted.

(iii) The number of such corrections and overwritings must be

clearly mentioned at the end of each page of tender and the sum total in
the last page and properly attested with date. Any omission observed
should also be brought out clearly on each page of the tender.
(iv) The corrections and overwritings should be allotted
separate numbers i.e., corrections should start from 1 ,2,3, etc, and
overwritings should similarly start separately from 1,2,3, etc.
(v) Any ambiguity in rates quoted by the tenderers, in words or
figures must be clearly indicated on the concerned pages of the tender.
(vi) In cases where the contractor has quoted rate in rupees
and no P. is mentioned, the word "only" should invariably be added
after the words "rupees" and Ale correction should be initialled and
dated with suitable remarks at the end.
(vii) Where the contractors have omitted to quote the rates in
figures or in words, the omission should be recorded by the officer
 54

opening the tender on the concerned pages of tenders at the time of

opening the tenders.
138. After the receipt of the comparative statement and before the
selection of a tenderer, the officer concerned should examine all the
tenders and satisfy himself that no corrections which were not in the
tenders at the time he received them had been made in any of them.
139. Tenders should invariably be called for when the amount
involved in a particular contract is Rs. 2,500 or more.
. If it is proposed in any case, whether for urgency or any other
reasons, to depart from this rule, the previous approval of the
Superintending Engineer should be obtained in the case of works costing
not more than Rs. 10,000 and of the Chief Engineer or Government as
the case may be in the case of those costing more than Rs. 10,000.
When the amount involved is less than Rs. 2,500 the Executive Engineer
may call for tenders or not at his discretion. This rule does not admit of
a major work being split up into parts each costing less than Rs. 2,500
and each part being given out on contract without calling for tenders.
Note 1. The Chief Engineer may authorize dispensing with tender
in the case of contracts pertairiing to major works provided
that the total aggregate value of such contracts in respect
of a particular major work does not exceed Rs. 10,000.
Note 2. When once tenders have been called for a work in
accordance with paragraph 139 and there is no response
or all the tenders received are unsatisfactory and have to
be rejected and it is considered that a call for further tenders
will be futile or is undesirable the officer who is competent
to accept the tender, may allot the work to a contractor
selected by him with the sanction of his immediate superior
authority.
Note 3. Paragraph 139 applies:—
(a) to contracts for execution of works including supply of
materials for such works by the contractors themselves,
 55

but not to contracts involving only supply of materials (other

than road quarry materials) or tools and plant; and
(b) to contracts for the supply of road quarry materials.
Note 3. When tenders have been called for a work in accordance
with Paragraph 139 and the rates originally quoted by the lowest
tenderer for certain individual items are beyond the officer's
powers of acceptance, then negotiation may be made with the
lowest tenderer on his unwillingness with the next lowest
tenderer for reduction of rates. Negotiation with the parties
who have not tendered for a work should be avoided in such
cases.

Note 4. When contracts for works have to be settled without calling

for tenders as per the above rules it may be necessary to obtain
quotations or short notice quotation for execution of works. In
such cases the notice inviting quotations and Short Quotation
shall be in the form prescribed in Appendix XIV and XV
respectively of the Public Works Department Code.
140. In the case of supply of materials (other than road quarry
materials) and tools and plant, the Stores Rules in Chapter VII under Stores in
Kerala Financial Code Volume I and the rules contained in the Stores
Purchase Manual apply. Asphalt, tar and such bituminous products for road
surfacing are also governed by the Stores Rules.

141. As a rule, no tender for the execution of works of any

description should be received unless accompanied by a treasury chalan for
earnest money to the extent which has been notified as necessary in the
tender notice. The amount of earnest money to be deposited will vary
according to the time over which the work may be expected to last and will be
affected by other circumstances. But it should be sufficiently large to be a
security against loss in the case of the contractor failing to furnish the
required security within the appointed time after the acceptance of this
tender. The earnest money is the guarantee of the
 56

tenderer to deposit the requisite security and to enter into the required
agreement on intimation of the acceptance of his tender. It is forfeited in
case of default as provided for in the forms of tender notice and tender.
142. In selecting the tender to be accepted, the financial status of
the tenderers, their capacity, the security offered by them or the record
of their execution of any works previously should be taken into
consideration. Other conditions being equal the lowest tender should
be accepted. In cases where a tender other than the lowest is accepted
a confidential record should be kept of the reasons for doing so. This
confidential record should be shown to the Inspecting Officer of the
Audit Department, if required. The Superintending Engineers and the
Executive Engineers during their inspection of the division and subdivision
offices, should also examine every case in which a tender other than the
lowest has been accepted and bring to the notice of the higher authorities
cases in which the rule about the acceptance of the lowest tender has
been departed from without sufficient justification.
143. The acceptance or rejection of tenders is, however, left entirely
to the discretion of the officer to whom the duty is entrusted and no
tenderer can demand the cause of rejection of his offer. Such an
explanation may, however, be called rim- by a superior authority, if
considered necessary.
IV. Forms of Security for performance of contracts
144. Security should in all cases be taken for the due fulfilment of
a contract. This security may be (a) cash (b) deposits in Treasury Savings
Bank or Government of India or State Government Promissory Notes,
(c) deduction of 10 per cent from the monthly payments to be made on
account of work done.
V. Custody of accepted tenders and other contract
documents, authority competent to give certified
copies of tenders and agreements
145. Originals of tenders and agreements for execution of works
approved by the Executive Engineer of a division or by higher authorities
should be kept in the personal custody of the accountant of the division
 57

office. He should maintain a careful check of all original tenders and

agreements that are put up for reference in connection with audit of
bills, etc., or sent to Sub Divisional Officers. When copies of such tenders
and agreements are issued to Sub Divisional Officers or Contractors,
the Executive Engineers should see that the copies are correctly
transcribed from the original and should sign them himself. Similarly,
original of the tenders and the agreements approved by Sub Divisional
Officers should be kept in their personal custody and they arc responsible
for their safe preservation. Copies made for submission to the Executive
Engineer or for issue to contractors should be signed by the Sub Divisional
Officer.

146. At the time of transfer of charge, a written statement of original

tenders and agreements handed over and taken over should be made
out and signed by the relieved and the relieving accountants or
Subdivisional Officers as the case may be.
VI. Officers empowered to execute contracts and
rules on contracts
147. No authority lower than the officer-in-charge of a Sub division
can accept any tender or make a contract for public works. The Officers
legally empowered to execute on behalf of the Government the different
classes of deeds, contracts and other instruments will be governed by
the orders of Government issued from time to time. This power is,
however, in each case subject to the departmental rules laying down the
powers of officers to enter into contract.

148. An officer empowered to enter into contracts may, after the

estimate has been duly sanctioned, give out to different contractors a
number of contracts relating to one work, even though the estimated
cost of the work may exceed the amount up to which he is empowered
to accept tenders provided there are no special orders to the contrary
and the amount of each contract is within the limit contrary and the
amount of each contract is within the limit of the officer's power to
accept tenders. But no contract may be entered into with any individual
contractor in excess of this limit nor may a second contract be entered
 58

into with a contractor, who has already received a contract in connection

with the same work, which is still in force, if the sum of the contracts
exceeds the power of acceptance of tenders of the authority concerned.
Note. The restrictions in the second sentence of this paragraph do
—

not apply to sub-works in irrigation maintenance scheme

estimates, provided the sub-works are independent works
unconnected with each other.
149. The following rules must be carefully noted:—
(1) No officer may enter into a contract into which he is not
empowered to enter under the provisions of paragraphs 366 VI, 367
VI, 368 VI and 369
(2) The limitations defined in paragraphs 129 to 132 shall not
be exceeded.
(3) No authority 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-Vide the last sentence of Paragraph 157.
(4) On no account should rates in excess of those provided in
the agreement be paid, as the payment of such rates which are not due
would nullify the contract.
(5) Duplication of agreements should in no case be required,
that is to say, an authority who has concluded an agreement should not
be required to draw up and sign again an agreement already executed-
vide paragraph 93 of the Kerala Public Works Account Code.
(6) No authority subordinate to the State Government may
waive the provisions of the Store Purchase Manual and Chapter VII
under Stores in the Kerala Financial Code Volume I.
 59

G. SALE, ACQUISITION AND LEASE OF LAND

I. Sale of Government Land and Immovable
Property
150. All land, which is the property of Government, should ordinarily
be sold through the Revenue Department.
151. The sale of land or buildings with the site on which they stand
is generally left to the Collector of the district, but it is at the same time
open to the P.W.D. to apply for permission to sell land, etc., themselves
when they see cause to recommend such a measure.
II. Acquisition of Land
152. (a) Application in all cases in which land is required by a
department of Government other than Revenue Department should be
sent by the Departmental officer authorised in this behalf in the prescribed
form (Form No. II Appendix II Land Acquisition Manual 1964) to the
District Collector or to the Special Land Acquisition Officer, if any,
appointed for the purpose. In the application, it should be specifically
stated; whether the sanction of the Competent Authority exists for the
work for which the land is required, and for the acquisition of the land
and whether necessary funds have been provided in the budget for
meeting the cost of the acquisition.

(b) In the case of the land required from other Departments

the Departmental Officer shall consult the concerned district authorities
of that Department to which the land belongs and get their consent for
the transfer of the same in the first instance and then address the District
Collector for transfer.

153. In cases of urgency acquisition should be made under Section

19 of the Kerala Land Acquisition Act, 1961 (Act 21 of 1962), when
possession is obtainable fifteen days after publication of notice. When
possession has once been taken under this section of the Act,
Government cannot withdraw from the acquisition. Therefore, when
the claim is greatly in excess of the award, possession should not be
taken without a reference to the authority sanctioning the work.
 60

154. When sanction to an estimate framed as above directed has

been obtained and when the draft notification referred to in paragraph
152 has been published, the Executive Engineer should make over the
matter to the Revenue Divisional Officer who will take the necessary
steps for the acquisition and transfer of the land, subject to the instructions
which he may receive from the Revenue authorities to whom he is
subordinate. These instructions provide that if the estimate originally
framed and sanctioned is likely, when the land comes to be acquired, to
be materially exceeded, the Revenue Officer making the award should
give sufficient notice to the Public Works Officer and should take into
consideration any representations which such officer may make, whether
it is made orally or by letter. More especially he should before making
the award, allow such an officer an opportunity of appearing in person
or by agent and of producing evidence as to the value of the land. When
such a reference is made, the Public Works Officer should, if it is found
impossible to obtain the land required without materially exceeding the
estimate, or to obtain some other plot of land in lieu of that originally
proposed submit a revised estimate for sanction. When possession has
once been taken under Section 18 of the *Kerala Land Acquisition Act,
1961, 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 the time within which an application
for a reference to the Court must be made under Section 20 of the
Kerala Land AcquisitionAct, 1961, has elapsed without such application
being made.

*Now Land Acquisition Act, 1894

155. The arrangements between the officers of the department
and the Revenue Officers to determine as to which land be taken up
should, where practicable, be made without divulging the intentions of
the Government, in order to prevent the prices being put up and to
render private bargaining possible.
 61

156. After the preliminary arrangements described in the preceding

paragraphs have been duly carried out, the land will be taken up under
the Act either by the Collector or by a special officer placed at the
disposal of the P.W.D. and invested with the powers of a Collector
under the Act. The detailed procedure in this regard is laid down in the
Land Acquisition Manual.

H. EXECUTION OF WORKS
I. Starting work
157. It is a fundamental rule that no work shall be begun unless a
property detailed design and estimate have been sanctioned, allotment
of funds made, and orders to begin issued by competent authority.
Provision in the budget conveys no authority for outlay. The exceptions
are petty works (See Paragraphs 80) repairs of the nature described in
Paragraphs 82 (iii) and cases of real emergency which must be reported
immediately to the authorities competent to accord administrative
approval and technical sanction. Similarly, the sanction of a design and
estimate by any authority, whatever conveys no permission to start
expenditure unless funds have been provided for the expenditure by a
competent authority.
158. Further, no liability may be incurred, and no officer may accept
a contract for 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.
159. Ordinarily no work executed by method (ii) or method (iii)
described in paragraph 122 should be started without a formal agreement
or contract sanctioned by a competent authority. The procedure to be
followed in respect of emergent works is described in paragraph 162.
160. No formal agreement is necessary in regard to petty works
and repairs, the estimated cost of which is Rs. 1,000 or less, but even in
these cases there should be some written understanding though not in
any prescribed form-specifying prices and rates.
 62
Note. Rates and taxes and watchmen's wages provided for in annual
maintenance estimates should be excluded from the total amount
of estimates for the purpose of deciding whether an agreement
should be taken in the case of repair estimates for buildings,
161. (a) When a contractor refuses to execute work at the rates
provided in his piece-work agreement, the agreement should be
terminated and the work measured up and paid for at the rates in the
sanctioned agreement enforcing or not as the case maybe, the forfeiture
of the security deposit. The work should not then be given out at higher
rates, unless open tenders have been called for and the most favourable
rates obtained.
(b) Revision of rates in accepted agreement of any kind during
the currency of ,such agreements is normally prohibited. In cases,
however where the Executive Engineer considers there are sufficient
reasons to revise rates in current agreements, then the sanction of
Government should be obtained, placing on record with the agreement,
the reasons for such revision and the effect of the same on the total
amount of the work to be done under the concerned items and on the
total amount of the work to be done under the agreement. Whenever
revised rates in an agreement are sanctioned,, the increased rates will
have effect only from the date of sanction of such revised rates, unless it
is specially stated by the sanctioning authority that they should have
retrospective effect.

(c) In all cases, as in (a) and (b) action must be taken to revise
the estimates whenever necessary under the rules.
(d) The corrections in agreements should be attested under
dated initials by the accepting authority also, not only to indicate his
acceptance of the altered rates, but also to prevent any tampering with
agreements after approval.
(e) In all cases in which work not covered by the original
agreement is ordered, the rates for such items of work should be settled
as laid down in the conditions printed in the' of piece-work
agreement or clause of the schedule contract. Such extra items of work
 63

should not be ordered by the Executive Engineer on his own responsibility,

if the revised estimate or deviation statement providing for them requires
the sanction of a higher authority.
(f) in respect of fines or forfeiture of deposit ordered by an
authority with reference to the relevant conditions in the forms of
agreement, the authority higher than the one who has accepted the
agreement may in his absolute discretion waive or modify the fine or
forfeiture imposed by a lower authority.
162. If in any case, whether on grounds of urgency or otherwise,
an executive officer is required 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 authorising 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 is 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 fact instantly to the notice of the
Chief Engineer concerned, except the irregularities committed by the Chief
Engineer himself, which should be reported direct to Government. The Chief
Engineer will report to Government any cases that call for disciplinary action
or failure to comply with the Code. The Accountant-General should also
report to Government any cases in which he considers the action taken by
the Chief Engineer inadequate. There will be no hesitation on the part of
Government in enforcing disciplinary action any officer-administrative or
executive-who may fail, or delay to comply with these orders.
Note—Instructions for the execution of emergency works for irrigation,
flood relief, drought relief, etc., are contained in Appendix II.
163. If in the case of a work executed on the schedule contract or piece-
work system, the circumstances are so urgent that it is impossible to enter into
a formal contract or agreement, the officer on the spot who
 64

starts the work should enter into a piece-work agreement atleast, in the
first instance. This form of agreement is particularly suitable as it is
terminable in case the higher authorities, who are competent to sanction
the proper agreement in the standard form, disapprove. When the
circumstances are so emergent that even a piece-work agreement cannot
be signed it will be sufficient to have a written order for the work signed
both by the piece-worker or the contractor and the officer on the spot.
There should, however, be no avoidable delay in preparing a proper
estimate and an agreement in the standard form and in obtaining the
sanction of the competent authority. The detailed procedure to be
followed in such cases is indicated in Appendix II to this Code.
164. When any new building is about to be commenced, or any
alteration, addition or repairs executed to any building, due intimation of
such intention must be given to the Local Head of the Department.
165. Except in the case of emergent works such as repair of
breaches, etc., no work should be started on land which has not been
duly made over by the responsible Civil Officers.
166. (a) The rules in this section regarding the existence of a
sanctioned estimate and the allotment of funds in the budget are applicable
even in the case of civil works in charge of civil officers acting as public
works disbursers. When an estimate has been sanctioned and funds
have been allotted a Civil Officer may arrange for the execution of the
work.

(b) Works executed by Civil Officers acting as public works

disbursers are generally likely to be of a petty nature and constructed
on standard designs. Civil officers may, however, apply to the
Superintending Engineer of the circle to depute an officer to examine
any work when in progress or when completed and to make a general
report as to whether the work is being satisfactorily cal lied out or has
been completed in accordance with the estimate.
 65

II. Scope of sanction

167. The sanction to an estimate must on all occasions be looked upon
as strictly limited to the precise objects for which the estimate was intended to
provide. Accordingly, any anticipated or actual savings on a sanctioned
estimate for a definite work should not, without special authority, be applied
to carry out additional work not contemplated in the original project or fairly
contingent on its actual execution.
168. Savings due to the abandonment of a substantial section of any
project sanctioned by any authority are not to be considered as available
for work on other sections without the further sanction of that
authority
169. A substantial section of a project shall be considered to have been
abandoned, if the estimated cost of the works in such section is not less
than 5 per cent of the total sanctioned cost of the project, excluding in
the case of irrigation projects the estimated cost of the headworks as
originally approved.
III. Commencement of Work in Anticipation of
Detailed Estimates of the Complete Project
170. In exceptional cases where it is desirable to begin work on a
project which has been administratively approved, before the detailed
estimate for the whole project has been prepared, it is permissible for the
authority competent to sanction the final technical estimate as a whole to
accord sanction to detailed estimates for component parts of the project,
subject to the following conditions:—
(a) For each such work or component part there must be a fully
prepared detailed estimate and, in the administrative approval as a whole, there
must be a clear and specific amount corresponding to the work or component
part in question.
(b) The amount of the detailed estimate must not exceed the
amount included in the administrative approval by more than 10 percent.
 66
(c) The sanctioning authority must be satisfied, before
according sanction, that the amount of the technical sanction for the
whole project is not likely to exceed the amount of the administrative
approval and that the work or component part in question can be
appropriately commenced without affecting, or being affected by, any
other part of the project finally or otherwise.
Note. This rule does not apply to estimate for parts of individual
—

buildings unless the preliminary estimates for administrative

approval have been similarly prepared.
171. To obviate delay in commencing work on a detailed estimate
for a complete project which has been prepared and submitted for
technical sanction, but which requires minor amendments in the design
or estimate, the sanctioning authority should adopt one or other of the
following courses:—
(1) Amend the design or estimate in his own office and sanction
it, or
(2) Sanction the parts of the estimate which are approved,
subject to condition' (b) and (c) specified in paragraph 170 and call for
amended detailed estimates for the other portions of the project.
172. In communicating the sanctions to parts of projects accorded
under the provisions of paragraphs 170 and 171 the sanctioning authority
should also intimate to the Audit Officer the amount administratively
approved for the whole project.
IV. Lapse of Sanction
173. The approval or sanction to an estimate for any public works
other than annual repairs will, unless such work has been commenced,
cease to operate after a period of five years from the date upon which it
was accorded.
V. Alterations in design during construction
174. Where important structural alterations are contemplated,
though not necessarily involving an increased outlay, orders of the original
sanctioning authority should be obtained. A revised estimate should be
 67

submitted for technical sanction, should the alterations involve any

substantial change in the cost of the work.
vi, Miscellaneous Rules for the Execution of Works
175. In the execution of works, every care should be taken that
the safety and convenience of the public are duly attended to, and that
all operations are carried on in such a manner as to interfere as little as
possible with the traffic or ordinary pursuits of the people. Temporary
roads, bridges, lights and barriers should, when necessary, be provided;
and the occupation of land, when practicable, be so timed as not to lead
to the destruction of standing crops. Brick and lime—kilns should not
be created so close to the inhabited part of any town or cantonment as
to be a nuisance.

176. Any reasonable outlay for temporary accommodation for work

people, and for entertaining temporary establishment for the purpose of
security, sanitation, or temporary hospitals, may be authorized as part
of the contingent outlay works.
177. No religious edifice should be destroyed or injured in the
execution of works without the full and free consent of the persons
interested in it, nor without the concurrence of the principal civil authority
on the spot, unless under the orders of Government.
178. All interruptions of large works in progress should be
immediately reported to the Superintending Engineer, the causes and
probable duration of such interruptions being duly explained.
179. All unusual losses in the manufacture materials must, on their
occurrence, be reported to the Superintending Engineer.
180. Executive Engineers and other officers or subordinates in
charge of works should furnish immediate information to the proper
civil authorities on the occasion of every serious accident; and in the
case of death on the spot, they should not allow the body to be removed
till an inquiry has been held.
 68

VII. Advances to contractors

181. Advances to contractors arc as a rule prohibited, and every
endeavour should be made to maintain a system under which no
payments are made except for work actually done, except for advances
on the security of materials brought to site under paragraph 339 of the
Kerala Public Works Account Code, vide also paragraph 366 V, 367
V and 368 V of this Code.
VIII. Sanitary Rules on Extensive Works
182. A set of special rules will be framed by the Surgeon-General
in respect of such works. It is the duty of the Superintending Engineer
to see that these rules are carried out. Any reasonable outlay connected
with sheds for work people water supply, drainage, conservancy,
hospital, or police may be authorised as forming part of the contingent
outlay on a work under execution.
IX. Information for the Survey of India
183. To enable the Survey of India to keep the map of India up to
date in respect of new canals, embankments, roads, etc., and index
record may from original surveys, on a scale not less than one centimetre
to 0.5 kilometre should be sent to the Survey of India Office, Calcutta,
on completion of the work. The topography adjoining the alignment,
such as village-sites, trijunction boundary pillars, other permanent objects
and the crossing of the roads and streams should be accurately shown,
and it should be stated on the maps supplied whether the information
has been derived from actual survey or otherwise.

X. Construction and Maintenance of Mortuaries

184. The construction and maintenance of all mortuaries will be
undertaken by the Public Works Department and charged to State
Revenues. The District Medical Officer will be responsible for reporting
to the Public Works Department when mortuaries in his jurisdiction
require repairs.
 69

XI. Elimination of Delay in the Execution of Works

184A. (a) The major bottlenecks causing delay in the execution of
works can be broadly categorised as follows:—
(i). Delay in the acquisition and handing over of site by
the Revenue Authorities.
(ii). Delay in the settlement of boundary disputes of
acquired land.
(iii). Delay in the removal of felled trees by the Forest
Department in the case of sites located in forest
areas.
(iv). Absence of personal inspection of site by
responsible officers for proper assessment of the
various preliminary items of work involved.
(v). Delay in taking decisions at various levels.
(vi). Inadequacy of funds provided for works in the
Budget.
(vii). Lack of personal contract between the officers of
the PW.D. and other Departments involved the
execution of work resulting in lack of co-
ordination of efforts required to accomplish the
programme in time.
(viii). Delay in the removal of water supply mains and
house connections to alternative places by the
P.H.E.D.
(ix). Delay in the shifting of cables and posts of electric and
telephone lines from the work site by the
concerned departments.
(x). Non-observance of standing instructions by the
officers in charge of work programmes.
 70

(b) In order to eliminate delay in the execution of works, the

following instructions are laid down for strict compliance:—
(i) There should be advance planning of works to be
under taken by the P.W.D. each year. The programme of such works
should be prepared well in advance, and necessary funds provided for in
budget.
(ii) For preparing the plan and estimate, the officer who is
competent to issue technical sanction for the work, should conduct
detailed inspection of the site where construction is proposed to be
undertaken and list out all the preliminary items of work involved in the
execution of the programme, such as, the extent of land to be acquired,
items of work to be got done with the co-operation of other departments
like Public Health Engineering Department, Electricity Board, Posts &
Telegraphs Department etc. On the basis of such detailed inspection
and taking into account the possible time lag involved in the completion of
various component items, a realistic assessment of the total time
required for the completion of the entire work must be arrived at. The
period of contract for execution of a particular work must be based on
such a realistic assessment and not merely on rough assessment of time.
Date of inspection conducted should be mentioned in the report sent by the
Officer along with the sanctioned estimates. A certificate "inspected the
site by me on" should also be furnished in the estimate.

(iii) As far as possible, all preliminaries must be completed

before the award of works to contractors. In cases where this is not
possible, simultaneous action should be taken for removal of
underground cables, pipe lines, etc., by personal contact of P.W.D.
Officers with their counterparts in the departments concerned. Difficulties, if
any, should be brought to the notice of the Heads of Departments
concerned or the Government if found necessary, so that timely direction
may be given to the concerned authorities to ensure proper co-operation.

(iv) In order to enable the Supervising Officers to keep a

close watch on the progress of work, it would be very useful to prepare
suitable charts showing the correlated activities and the time schedule
 71
for such activities. In the case of large scale projects, it is advantageous
to prepare 'PERT' Charts.
(v) Having fixed the realistic time schedules for the
completion of works after proper scrutiny and examination of the various
details, effective steps should be taken to ensure timely completion of
the works by the Contractors. Any attempt on the part of the Contractors
to delay the execution of works due to negligence or any other reason
must be viewed seriously and prompt action should be taken against
the defaulting Contractors according to the terms of the contract and
provisions in the Public Works Department Code. For this the rate of
progress statement provided for in the contract agreement form should
be properly recorded in all cases so as to assess the progress of work
in terms of physical achievements. An extract of the rate of progress
statement so recorded should be submitted to the next higher officer
once in 3 months for review.
(c) Check List.—A Check list containing the various points
of scrutiny before sanctioning estimates and awarding works to
Contractors is given as Appendix. The check list should be adopted for
such scrutiny so that each item of work may be proceeded with due
care and attention.
Reasonable time Meaning of
The concept of 'reasonable' is relative. It is a question of degree,
dependent on the facts and circumstances of each case. What may be
reasonable in one case may not be so in another.
[Kuriakose v. Municipal Council 1981 KLT 122]
Deviation from tender process
State of its tendering authority is bound to give effect to essential
conditions of eligibility stated in a tender document and not entitled to
wave such conditions. This does not take away its administrative discretion
to cancel entire tender process in public interest provided such action is
not actuated with ulterior motive arbitrariness, irrationality or is in violation
of some statutory provisions.
[Shimnity Utsch India (P) Ltd. v. WB Transport Infrastructure Development-
Corporation Ltd. 2010 (6) SCC 303]
 72

APPENDIX
CHECK LIST
List of points to be looked into before sanctioning
Estimates and Awarding Work to the Contractor
A. Availability of Funds:
1. Whether there is Administrative Sanction for the work.
2. Whether funds are available for taking up the work
B. Inspection of the Site:
3. The Site should be inspected by the P.W.D. Officer who is
competent to approve the estimate, depending on the delegated
powers for issue of Technical Sanction.
4. There should be thorough investigation with regard to the
following points:
(a) Suitability of the site selected
(b) Structural stability
(c) Meteorological & Hydrological conditions
(d) Topographic mappings should be drawn where necessary
(e) Local enquiries
(f) sub-soil investigations with particular reference to flood
levels, ground water levels, nature of soil and sub-soil etc.
(g) Lay out of the site with special reference to the work
connected with removal or laying of underground cables,
pipe lines, electric and telephone posts, etc.
(h) Other investigations that may be found necessary with
reference to particular works and in relation to Standard
Specifications.
C. Time Scheduling:
5. (a) The entire work should be divided into various
components and realistic time Schedule for completing
each item of work and the cost involved therefore assessed..
 73

(b) Where items of work are to be done by other

Departments, consultation with the concerned
Departments should be made to assess the time required
for completing their part of the work and their concurrence
taken.
(c) Where such items of work can be taken up simultaneously,
timings should be fixed on that basis. Otherwise such
works shall be got done before the contract is given.
D. Preparation and Approval of Estimates:
6. Detailed estimates should be prepared with a view to avoiding
as far as possible revision of estimates at later stages.
E. Award of Work:
7. It should be ensured that the land on which the construction is
proposed has been acquired. Work should not be awarded
on contract without possession of land.
8. Wherever possible, preliminary work which would obstruct
the progress of construction like removal of posts, removal of
felled trees etc., should be completed before the award of
contract.
9. Action should be pursued by the P.W.D. Officer simultaneously
along with the awarding of contract for the removal of
underground cables, pipe lines, etc., by other Departments.
Personal contracts should be maintained with their counterparts
in other Departments keeping in view the time Schedule for
completion of the items of work to be done by them. In all
cases of difficulties, prompt attention of the superior officers
should be invited.
10. The agreement should contain an Annexure detailing the various
'component parts of the contract work, the time required for
each such item or items of work including those which can be
carried out simultaneously.
 "g1

74
FOLLOW UP ACTION

11. The rate of progress in terms of physical and financial

achievements of the contract work, should be promptly
recorded at the end of every quarter in the 'rate of progress,
column contained in the agreement.
12. An extract of the above rate of progress should be submitted to
the next higher officer for review.

I. DEPOSIT WORKS
I. General
13. 185. The department may occasionally execute works provided
wholly or partly from
14. funds of a public nature such as local or municipal or similar
funds,
15. public contributions,
16. loans from Government to a local body.
17. 186. Where a work is financed partly from the funds in
paragraph 185 above and partly from Government grants-in-
aid, the procedure prescribed in Note 1 under paragraph 501 of
the Kerala Public Works Account Code for the payment of
grants-in-aid should be observed.
18. Note. Government may sanction to recovery of contributions by
suitable installments on fixed dates, if they are satisfied that the
money will be forthcoming when required. No advance of
Government money is permissible in the case of works wholly
financed from sources mentioned in paragraph 185 and if the
payments are made by installments, the Public Works
Department will not be responsible for damage or additional
cost due to suspension of work for want of funds. See paragraph
515 of the Kerala Public Works Account Code.
19. 187. Provision must be made to cover the cost of establishment
and tools and plant at percentages prescribed in rule 6 of
Appendix 2 to the Kerala Account Code Volume III. No
reduction of these charges
 75

may be made in the case of works costing Rs. 1,000 or more but when the
cost of the work is less than Rs. 1,000 these charges may be remitted with the
sanction of State Gov —See also rule 8 of Appendix / to the
Kerala Account Code Volume 111.
Note 1.— When lump sum contributions are received towards
Government works from local bodies or private persons or
bodies, they should be divided into two parts as laid down in
paragraph 511 Note of the Kerala Public Works Account
Code, the one representing a share of works expenditure
and the other the amount chargeable on that share for
establishment and tools and plant charges calculated
according to the percentage fixed in rule 6 of Appendix 2 of
the Kerala Account Code Vol. III. No charges for audit
and accounts should be levied in such cases.
Note 2. This rule does not apply to works executed on behalf of
Panchayats in the State.
188. Deposits on account of one work cannot, in any circumstances; be
utilised for another.
II. Special Rules for Works wholly Financed from
Non-Government funds
189. Besides the rules in paragraphs 185 to 188, the following are
specially applicable for works financed wholly from non-Government funds:
(1) The design and estimate must be drawn up in consultation with
the authorities administering the funds, and must also be approved by the Public
Works Department authorities like any ordinary public work.
(2) A written approval to the estimate and design as well as an
understanding that the Public Works Department does not accept any
responsibility for unavoidable and reasonable excesses caused by any rise
in prices, authorized deviations, losses by fire or theft or other unforeseen
factors, should be obtained from the administrators of the funds before starting work.
Alterations in design should be similarly dealt with.
 76

(3) The officer in charge of the work would report at once to

his superiors and to the contributors, any anticipated excesses and give
full information for Government if the work has to be stopped later on
for want of funds.
(4) The authorities undertaking such works should see that
both parties understand clearly their mutual responsibilities.
(5) Where the work is of such magnitude or there are special
circumstances justifying it, an agreement should be drawn up under legal
advice.
Note: The following rates of contribution have been fixed by
—

Government as a tentative measure for levy from the

Trivandrum Corporation and the Municipalities in the State
towards special surfacing of road within their limits.
(a) 50 per cent of the total estimated cost in respect of each
work, from the Trivandrum Corporation and Municipalities having an
annual revenue of over Rs. 3 lakhs.
(b) 33 113 per cent from Municipalities having an annual revenue
from Rs. 1 lakh to Rs. 3 lakhs, and
(c) 25 per cent from the other Municipalities.
190. The usual centage charges will also be recovered from the
Corporation and Municipalities on their share of the expenditure. But,
as the intention of Government is not to overburden them by the recovery
of centage charges, the contribution fixed will be split up between the
work outlay and centage charges, the difference between the amount of
estimate and the portion of contribution for works being treated as
Government's share of the expenditure.

J. DISPOSAL OF ESTIMATES
I. Office of Record for Estimates
191. Estimates, after being sanctioned by proper authority, should
be returned to the Executive Engineer for record in his office.
 77
Communication of Sanction to Estimates to the
Audit Officer
192. A return of all estimates sanctioned by the Executive Engineer should
be sent monthly to the Superintending Engineer, serial numbers being given for
the estimates of f the division, and a copy of the return should simultaneously
be forwarded to the Audit Office not later than the 5th of the month following
the month of sanction. A similar return should be furnished to the Audit
Office by the same date by the Superintending Engineer in respect of
estimates sanctioned by him.

193. (a) Advices of all detailed estimates sanctioned by an authority higher

than a Superintending Engineer should be sent to the Audit Officer as and when
sanctions are accorded.
(b) A monthly return of all estimates sanctioned by the
Assistant Engineers and Executive Engineers charged to the project
estimates costing Rs. 25 lakhs or more should be sent to the Chief
Engineer for each project with copy to the Superintending Engineer and all the
estimates sanctioned by the Superintending Engineer charged to project estimate
should be sent monthly to the Chief Engineer. The Chief Engineer will compile
the returns received from the Assistant Engineers, Executive Engineers and
Superintending Engineers, incorporate the details of the estimate sanctioned
by the Chief Engineer and forward a consolidated monthly return of
estimates sanctioned charged to the Project estimate to audit. The same
procedure will be followed in the case of civil works costing more than Rs.
25 lakhs.

194. Extracts from these returns as regards major original works relating
to the Roads and Buildings branch should be sent to the Chief Engineer so as
to reach his office not later than the 10th each month.

Note:— The Superintending Engineer is responsible that in cases 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 intimates to the Audit Officer for exclusion from the total
sanctioned estimate of the project. See also paragraphs 167
to 169.
 '78
III. Supplementary Estimates
195. Any development of a project thought necessary while a work
is in progress, which is not fairly contingent on the proper execution of
the work as first sanctioned, must be covered by a supplementary
estimate, accompanied by a full report of the circumstances which render
it necessary.
196. The following particulars should invariably be furnished when
submitting supplementary estimates for sanction.—
(1) every supplementary estimate should be numbered
consecutively as first supplementary estimate, second supplementary
estimate, third supplementary estimate and so on; and
(2) the application for sanction to supplementary estimates
should show the amount of the original estimate and the total amount
including the supplementary estimate for which sanction is sought and
also of the supplementary estimates sanctioned previously.
IV. Revised Estimates
197. A revised estimate must be submitted when the sanctioned
estimate is likely to be exceeded by more than 10% or Rs. 500 whichever
is greater for any cause whatever or when material developments or
deviations have necessitated revised administrative approval. It must be
accompanied by a report showing the progress made to date and
explaining fully the cause of the revision. The revised estimate need not
contain detail of items which are not but merely a note to this effect. But
the altered items should be shown in a comparative statement. The
sanctioned estimate must accompany a revised estimate. It is the duty
of the Executive Engineer to see that a revised estimate is prepared and
disposed of directly when the necessity arises.

V. Utilization of Completion Report as Revised

Estimate
198. When excesses occur at such an advanced period in the
construction of a work as to render the submission of a revised estimate
purposeless, the excesses, If beyond the power of the Executive
Engineer to pass, must be explained in a completion report.
 79

K. COMPLETION REPORTS, CERTIFICATES AND

PLANS
I. General
199. (a) A consolidated completion report in Form K.P.W. 43
should be prepared monthly of all completed works other than those referred
to in clause (b), the actual expenditure on which is in excess of the
sanctioned estimate (vide paragraph 198) by an amount greater than that
which the Executive Engineer is empowered to pass. This report should
show for each work or group of works the estimated cost, the outlay, and
the excess. When the completion report is utilized instead or a revised estimate
under paragraph 198 sufficient details must be given if the excess is more
than 5 per cent to satisfy the authority whose sanction is necessary.
(b) detailed completion report in K.P.W. 42 need be prepared in
respect of works on which the outlay has been recorded by sub heads.
(1) When, if the work was sanctioned by higher authority, the
total estimate has been exceeded by more than 5 per cent, and
(2) When, if the work was sanctioned by the Executive
Engineer, the total estimate has been exceeded by an amount greater than
that which he is empowered to pass.
200. This report should give a comparison and explanation of
differences between the quantity, rate and cost of the work executed and
those entered in the estimate. See also paragraph 167 of this Code and
paragraph 411 of the Kerala Public Works Account Code.
Note: The Superintending Engineer may, if he so desires, require a
—

detailed completion report to be prepared on the completion of

any other work.
201. It is left to Superintending Engineers when starting the execution of a
work to decide whether intermediate completion reports may be submitted
for important component works forming part of a large scheme.
 80

202. In all cases of submission of revised completion report, full

particulars should be furnished as regards the excessess incurred and the
circumstances under which the revision of the original completion report
has become necessary.
203. Completion statements or reports should not he delayed for
want of a completion certificate.
204. Minor works should he closed within one month after actual
completion and final payment, and annual repairs and maintenance within
one month after submission of the March Final Accounts.
205. For major works different time-limits would become
necessary based on estimated cost and the time-limit for preparation
and submission of completion reports are fixed as follows:—
(a) Major works costing Rs. 25,000 and below- 1 month.
(b) Detailed completion report in K.P.W. 42 need by but above
Rs. 25,000-2 months.
(c) Major works costing above Rs. 1 lakh-3 months.
Note: In cases where the Executive Engineers find difficulties and
—

require more time for closing accounts and preparing

completion reports, they should obtain specific sanction for
exceeding the time limit which will be given by the Chief
Engineer in deserving cases subject to a maximum time limit
of six months for each major work.

206. When the settlement of compensation claims is unavoidably

delayed, the completion report should not be held back on this account,
but the estimated amount of compensation for land should be recorded
therein as a distinct item in order that the total cost of the work including
liabilities may be brought out in the completion report, so as to admit of
administrative check being exercised over the total outlay as compared
with the sanctioned estimate.
II. Works executed on behalf of other Departments
207. On the completion of a work in accordance with the sanction
and approval, executed on behalf of another department the local head
 81

of that department will be informed in writing by the Executive Engineer to

that effect. Such formal notification will constitute the handing over of the
work to the department for whom it was carried out. Reasonable warning of the
imminence of such notification must of course be given.
III. Record Drawings
208. 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 Executive Engineer (vide paragraphs 52 and 250). Completion plans,
consisting of copies of the record plans of the more important works and
alterations, should, if required to elucidate the report or if otherwise so directed by
the Superintending Engineer, be prepared in the Executive Engineer's office
to accompany the completion report.

IV. Office of Record

209. On the completion of any work in respect of which a
completion report or statement is required under rule, such report or statement
should be forwarded by the Executive Engineer to the Audit Officer who
should after verification of the figures, transmit it to the Superintending
Engineer. That officer should forward it to the Chief Engineer if he is not
himself empowered to deal with the excess. After disposal by the authority
concerned it should be returned to the divisional office, or such other office as
the State Government may decide on as the office of final record.

210. Completion plans, if any, should not be sent to the audit office
but should be forwarded direct to the Superintending Engineer who should
attach them to the completion report on its receipt.

211. Completion certificates, which should not be submitted to audit,

should ordinarily be retained in the divisional office but in the event of
unfavourable remarks having been recorded upon such a certificate by
any civil officer, it should be submitted for the orders of the Superintending
Engineer with the explanation of the Executive Engineer and an account of
any action he may have taken.
 82

L. LEVY OF CHARGES FOR SERVICES RENDERED

• BY THE PUBLIC WORKS DEPARTMENT
211 A. When the Public Works Department is called upon to
render services to other Departments of the State, Local Bodies,
Central Government Departments or Private Parties which are beyond
the normal duties of the Public Works Department, such as security
and preparation of estimates etc., charges will be realised for such
services. The rates of charges to be realised are laid down in G.O. (Rt)
1304/74/PW. dated 11-11-1974 as amendment in G.O. (Rt)
192/76/PW. dated 13-2-1976. G.O. (Rt) 947/76/PW dated 10-6-1976
and G.O. (Rt) 1232/76/PW dated 19-7-1976 given as Appendix- XVI
of this Code.
CHAPTER III
PUBLIC BUILDINGS
A. GENERAL
I. General Rules
212. The officer-in-charge of each building should make some
person of his establishment answerable for its general condition.
213. Insurances of Government buildings are not to be effected
except in the case of specially valuable property liable to special risks.
In the latter case the sanction of Government should be obtained.
214. The initial supply of fire buckets and fire extinguishers together
with other appurtenances, such as, stands, brackets, etc. as well as all
renewals of and repairs to, the fire bucket and the fire extinguisher shall
be made by the heads of the offices concerned, such works being treated
as assigned to the departments concerned. If, in any case, professional
skill or assistance is considered necessary, the Executive Engineer or
the Sub divisional Officer shall be consulted.

215. When a building is occupied by more than-one department,

the 'department' for the purpose of this rule shall be the Revenue
Department if it be one of the occupants and if not, the Government
 83

department occupying the major portion of the building, to he decided

in each case by the Superintending Engineer concerned, if, in such cases,
the Forest Department of a department of the Central Government
happens to be one of the occupants the cost of the fire appliances supplied
or of the repairs thereto in respect of the portion of the building occupied
by such department shall be recovered from that department.
Note:— (i) Detailed rules for protection of Government buildings
against fire will be found in Appendix.
(ii) Fire buckets shall not be supplied to residential buildings
or inspection bungalows. But in cases where a building
(whether owned by Government or hired) is used partly as
an office and partly as a residence for a Government officer,
both the officer and residential portions shall be provided
with the protection appliances by the departments occupying
such buildings.

II. Fixtures and Furniture

(A) FIXTURES
216. Every Public building should be provided with all necessary
fixtures by the Public Works Department which should also repair these
fixtures periodically. All petty repairs of fixtures and the replacement of
broken glass in doors and windows required in the intervals between
the periodical repairs should be carried out by the officer in charge of
the building See paragraphs 65 and 66.
Note 1: Matting for floors, rattan blinds or chicks, locks for outside
—

doors, etc., will not be treated as fixtures to be provided by

the Public Works Department, except in the case of
residential buildings, for which plain and inexpensive matting,
such as ordinary coir matting, etc. will be treated as fixtures
to be provided by the P.W.D.
Note 2: In the case of those non-residential buildings, however, in
—

which petty works of construction and repairs are now

attended to by the P.W.D. under paragraph 66 of this Code,
 84
that department will undertake the supply and renewal of
and repairs to chicks.
Note 3: (i) Flags will be provided by Executive Engineers of
—

Divisions, in consultation with the Collectors concerned, for

public buildings in charge of the P.W.D. Where a group of
buildings contain a number of offices it is sufficient if
one flag is provided for the whole group.
(ii) Flagstaffs, blocks and ropes may be provided by the
P.W.D. for all public buildings in charge of that
Department for which flags have been supplied under rule
(i) above.
(iii) The initial supply of flags, flagstaffs, blocks and ropes for
buildings in charge of the P.W.D. will be met from "50
Civil works" and the estimates for their provision will be
classed as "Original works".
217. Renewals and repairs of flags, flagstaffs, etc., will be attended to
by heads of offices occupying the buildings, the charges being debited in the
same way as repairs to the buildings.
(B) FURNITURE
(i) General

218. Ordinarily the Executive Engineer will not supply nor repair
furniture, screens, purdahs, or tattis; nor will he perform any of the duties
specified in paragraph 216 as devolving on the departmental officer in
charge. Furniture for new offices may, however, be supplied by the
Executive Engineer, and charged in his accounts provided the State
Government authorizes the inclusion of the cost of such furniture in the
estimates of the offices concerned. This rule does not apply to the supply and
repair of furniture of any of the Government Rest Houses in charge of the
Public Works Department; the cost of these will be borne by the P.W.D. The
first supply of rest house furniture, crockery, cutlery, etc. should be charged
to the estimate of the building for which they are required and
subsequent repairs and renewals should be treated as repairs.
 85

(ii) Residences of High Officials

219. The administration of the furniture fund of the official residences
of the Governor including the up-keep of a stock list and the purchase,
repair and maintenance of furniture, will be conducted by the Military
Secretary under rules issued by the Government of India in the Home
Department. The Military Secretary to the Governor will furnish to the
Audit Officer an annual certificate of verification in respect of Raj Bhavan
furniture, on or before 31 si July each year stating that all furniture has
been inspected and checked with the stock lists maintained and that he
is satisfied

(i) that all new supplies up-to-date have been correctly

brought on to the inventories;
(ii) that the inventories are correct in all respects;
(iii) that the articles in stock agree with the inventories;
(iv) that sale-proceeds have been properly accounted for;
(v) that sanctions of competent authority exists for all articles
written off the inventory and also;
(vi) that the articles of furniture are being properly maintained
and are kept in serviceable order.
220. It is important that the furniture should not be allowed to
deteriorate to an extent that will give rise to large demands for renewals
on any change of incumbents.
Note.— Chicks (rattan or bamboo) are different from blinds and are
not debitable to "Furniture grant" but to "50-Civil Works
repairs".
III. Purchase, Sale and Transfer of Government
Buildings
(A) PURCHASE OF BUILDINGS
221. No building may be purchased for public purposes without
the orders of Government, to whom a survey and valuation report by
the Executive Engineer of the division should, in all cases, be submitted.
 86
(B) SALE AND DISMANTLEMENT OF BUILDINGS
222. The sale, demolition and write off of buildings in charge of the
Public Works Department will be governed by the following rules:,
(1) The Chief Engineer will be competent to sanction the
disposal and write off of buildings, the book value or assessed value of
which does not exceed Rs. 2,500, when the buildings not required by
other departments for any Government purpose. In all other cases the
sanction of Government shall be obtained.
(2) Whenever a building in the charge of the P.W.D. is to be
disposed of the proposal shall be forwarded to the Chief Engineer along
with a survey report showing the book and/or assessed value thereof
(3) When the disposal of the building has been sanctioned by
the competent authority, the Chief Engineer will fix the reserve price
taking into consideration the life and condition of the building subject to
the minimum as under:
(i) At 6 per cent of the book value/assessed value of the
building plus (ii) 25 per cent of the cost of electrical and water supply
installations if any.
(4) The Executive Engineer in charge or his deputy, not below
the rank of an Assistant Engineer will then put the building to auction,
giving as much publicity as possible.
Note. In cases of emergency the building may be dismantled
—

departmentally with the specific approval of the Chief

Engineer and the materials obtained after dismantling taken
on stock for use on other construction works. All cases in
which write off is not within the competence of the Chief
Engineer should be reported forthwith to Government in the
Administrative Department concerned.
(5) The authorities competent to accept the highest bid at or
exceeding the reserve price, received in the auction and their financial
powers in this regard are as under:
 87
Book value or assessed value or
building up to Rs. 10,000 Executive Engineer
Over Rs. 10,000 to Rs. 25,000 Superintending Engineer
Over Rs. 25,000 to Rs. 1,00,000 Chief Engineer
Over Rs. 1,00,000 Government
(6) The discretion to accept bids below reserve price should
be exercised by the next higher authority competent to accept the bids
under paragraph (5) above and in respect of buildings costing over Rs.
1,00,000, the Chief Engineer should refer the matter to Government for
decision.
223. Temporary buildings erected during the construction of a
work may, under the sanction of the Executive Engineer, be sold or
dismantled on the completion of the work or when the purpose for
which they were erected has been served. It is the duty of the Executive
Engineer to report when, in his opinion, any other building or property
of Government in his charge ought to be sold or dismantled.
IV. Hire of office accommodation for officers of the
Public Works Department
224. Office accommodation may be hired for the P.W.D. if no
Government building is available. In the case of office accommodation
for his office or for any of the subordinate officer of his department, the
Chief Engineer can sanction rent up to Rs.100 per mensem in each
case, when accommodation is provided in a separate building.
225. (a) When a Government building is occupied partly as office
and partly as residence the rent to be paid by the occupant should be
calculated under Article 25 of the Kerala Financial Code, Volume I.
(b) In the case of leased buildings the lease should distinctly
specify that the municipal tax is payable by the 'lessor himself.
(c) In the case of a Sub Divisional Office, the following
conditions also apply:—
(i) In calculating the accommodation set apart for office
Purposes no allowance should be made for a separate room, apart from
the office, to be occupied by the Sub Divisional officer.
 88

(ii) The Sub Divisional officer's immediate superior must certify

both as to the adequacy of the accommodation provided for the
office and its suitability.
Note. The rules in paragraphs 224 and 225 do not apply to the hiring
—

of accommodation for the storage of Government materials

obtained for the execution of specific work. Such payment should he
provided in the estimate for sanction by the competent authority.
V. Renting of Building
226. It is the duty of the Executive Engineer to endeavour to get
tenants for public buildings not immediately required for Government
use. They should generally be let from month to month, but a lease may
be given with the sanction of Government. A course in the agreement
should be added, when necessary, to enable the Executive Engineer to
terminate the lease at short notice in case the building is required by
Government.
Note. When Government buildings are given on rent except for
—

residential purposes a lease deed is to be executed in the

form prescribed in Appendix XI of this Code.
227. Rent should be recovered from local bodies provided with
office accommodation in Government buildings.
Note 1. Expenditure on addition and alterations to buildings
—

occupied by local bodies should not be incurred without

the specific sanction of Government.
Note 2. Local boards which have not exercised the option of buying
—

up record-racks, formerly fixed in such buildings by

Government are required to pay rent, the cost of the racks,
being included in the capital cost of the building or the portion
thereof occupied by the local board.
228. Full standard rent should be recovered from commercial
departments for Government buildings occupied by them wholly or partly
for residential or non-residential purposes without regard to the rent
actually recovered from the occupants in respect of residences.
 89

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

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

230. No public building in the charge of the Executive Engineer may

be occupied as a private residence without his consent except under the orders
of his departmental superiors or of the State Government.
VI. Custody of vacant Government buildings
231. Whenever a public building which is not borne on the registers of
the P.W.D. falls vacant, it should be, handed over to the custody of the
Revenue Department by the occupying department If it is considered desirable,
for any special reasons, to transfer the building to the charge of the P.W.D.,
orders of Government should be obtained. Public buildings borne on the
registers of the P.W.D. should be handed over to the P.W.D. when vacated.

VII. Taxes
232. The rules for the payment of municipal and local taxes on buildings in
the occupation of departments of the Kerala Government or of
Government servants under the administrative control of that Government are
given in Article 133 ofthe Kerala Financial Code, Volume I.
VIII. Remission of Municipal tax for vacant
buildings and for buildings wholly or partly
demolished
233. (i) Whenever a Government building (residential or non-
residential) is likely to fall vacant, the occupant of the building immediately before
the actual vacancy occurs or the head of the office to which the occupant
belongs, should, on the date on which the building falls vacant,
 90

give notice of the vacancy direct to the Chairman of the Municipal Council
concerned or the Commissioner of the Corporation or the President of
the Panchayat Board concerned, as the case may be, a copy of such
notice being simultaneously sent to the Executive Engineer of the division
concerned to enable him to claim remission. The head of the office
mentioned above shall take similar action on the first day of every
succeeding half-year, if the building continues to be vacant even then.
The Executive Engineer shall thereafter, in due course, claim remission
of municipal or house tax in cases when the vacancy lasted for the period
which will enable the Government to claim remission of tax. The officer
paying the tax for a vacant building should ascertain remission of tax has
been claimed for the period that the building was vacant.

(ii) In the case of vacant buildings which are taken over by the
Public Works Department from other departments and which continue
to remain in the charge of the P.W.D., it shall be the duty of the section
officer concerned to give the necessary notice of the vacancy of the
buildings to the local body concerned immediately they are taken over
and thereafter on the first day of every half-year, if the buildings continue
to be vacant then, a copy of such notice being simultaneously sent to the
Executive Engineer concerned.
(iii) When a Government building (whole or part) is demolished
or destroyed the Executive Engineer concerned should immediately give
the requisite notice to the municipality or panchayat board concerned
and obtain remission of property tax.
IX. Taxes on new buildings
234. (i) Under section intimation should be given to the local body
concerned about the construction of a new building or the reconstruction
of a building within fifteen days from the date of completion or occupation
whichever is earlier. This intimation shall, in the case of buildings
(residential) and on non-residential which the P.W.D. will have to pay
the property tax, be given by the Executive Engineer concerned. In
case of other buildings, on which the P.W.D. will not have to pay the
property tax, the intimation to the local body shall be given by the
 91
occupants or the heads of offices who will have to pay the tax on the
buildings.
(ii) In order to avoid delays in the assessment and payment of
municipal taxes on new buildings constructed by the P.W.D. the
corporation or the local body as the case may shall be informed by the
Executive Engineer of the cost of a new building within six months of its
completion. In cases where it is not possible to close the account of a work
within six months of its completion, provisional figures of cost, so far as can
be made out at the time, shall be given by the Executive Engineer so that
the assessment may be calculated on these figures subject to revision when the
final figures of cost are available.
X. Sanitary and water supply installations
235. All works and repairs in connection with sanitary installations and
water supply to Government buildings should be carried out by, or through the
agency of the P.W.D. except in special cases under the orders of the State
Government.
XI. Electrical and Sanitary works
236. Whenever a new building is constructed or an existing building is
extended or improved in a place where public supply of electricity is available
and it is contemplated to provide electric installation in the building, the
estimates should provide for it.

237. As soon as administrative approval to building is obtained and

the detailed building plans are approved, the Executive Engineer should
communicate a copy of the approved plans to the Divisional Officer of the
Electrical wing who should without delay and in consultation with the Head of the
Department concerned prepare detailed estimates and plans for the full
electrical equipment-required and obtain the countersignature of the Head
of the Department to plans and estimates. The Divisional Officer of the
Electrical wing should then obtain technical sanction of the higher authority if
and where such technical sanction is necessary. A copy of the approved plans
and estimates should then be sent to the Executive Engineer in charge of the
construction work.
 92

238. Similarly, the Executive Engineer concerned will have detailed

designs and estimates prepared in consultation with the Head of the
Department and also where necessary with engineering specialist firms,
for all construction, connections and fittings in connection with water
supply, sanitation and drainage required.
239. The detailed plans and estimates for sanitary and water supply
installations are to be countersigned by the Head of the Department
who will be at liberty to consult any officer of his Department.
240. After such detailed plans and estimates for the electrical and
sanitary installations are obtained, the Executive Engineer should
incorporate them in the detailed plan for the building work and obtain
competent technical sanction. The actual construction work need not
wait until this final sanction is ready. It should be started as soon as
technical sanction to the building work is obtained.
241. As soon as the final plans and estimates, incorporating details
of electrical and sanitary installations are ready copies thereof should be
sent to the Electrical Engineer, who will, in cases where tenders have to
be called for, take necessary action in close consultation with the
Executive Engineer as regards the time when he should call for tenders
and start the electrical work. The Executive Engineer should similarly
settle at an early date the time when work on sanitary installation should
be commenced. Tenders for the building, sanitary and electrical
installations should be settled by the Executive Engineer at the
commencement of execution of the work to ensure that the use of the
building is not delayed on account of failure of the sanitary and electrical
contractors to complete their works in time.

242. It is imperative that there should be close co-ordination

between the work of the Government servants concerned so that at no
time is any delay allowed to occur in the preparation of plans and
estimates, in obtaining technical sanction, to calling for tenders and in
the actual execution of the works concerned.
243. Private agency should be employed whenever possible for
carrying out all original works including minor works. Departmental
 93

construction which involves the accumulation of stores and the

employment of special establishment should be avoided. Tenders should
invariably be invited when the amount involved in a particular contract is
Rs. 1,000 or more.
244. Repairs (Maintenance): Wherever private agency is
—

available it should be employed. Tenders should be invited for the

purpose when the cost of repairs is Rs. 1,000 or more. Departmental
maintenance should be resorted to only where no reliable firms tender,
or where their tenders are excessive Departmental repairs should as a
rule, be confined to small items.
245. In all cases, the contractors should be required to base their
tenders on proper specifications, etc., of the department.
246. In places where electric supply is available to the public,
payments may be made in advance for service connections to Government
buildings, if the supply agencies demand such advance payment.
247. In cases where heads of departments desire to carry out
electrical works departmentally, the previous approval of Government
should be obtained. After such approval has been accorded, they may
have detailed plans and estimates prepared through any competent
agency and may themselves call for tenders and have the works executed
by suitable agency. Technical advice required or assistance needed in
the execution of the works will be given by the Electrical Engineer.
248. The expenditure in connection with electrical works executed
through private agency by heads of departments should be borne by the
departments concerned-see paragraphs 65 and 66. Heads of
departments should, however, intimate to the Executive Engineer
concerned the charges incurred in the Civil Department on account of
original works, extensions and improvements and repairs separately in
order that he may maintain his capital accounts correctly.
XII. Registers and Plans of Buildings
(A) REGISTER OF BUILDINGS
249. Each Superintending Engineer will keep a register of all
buildings in charge of the department within his circle, and each Executive
 94

Engineer a similar register of all the buildings within his division. In these
registers the value of the land comprised in a property will be shown
separately from the value of the building or buildings thereon, the value
of each separate structure being also shown separately as indicated
above.
(B) PLANS OF BUILDINGS
250. In case of buildings and works borne on the returns of the
Public Works Department, the Executive Engineer will be held
responsible that plans of such buildings are corrected on completion of
any alternations.
B. CONSTRUCTION, ACQUISITION OR LEASING OF
RESIDENCES FOR GOVERNMENT OFFICIALS
I. General
251. Residences may be leased, built or purchased by
Government:—
(i) When it is the recognized duty or established custom of
the Government to provide quarters at Government expense.
(ii) When it is necessary on public grounds, for the officer to
reside on, or close to, the premises in which his duties have to be
performed, such as a jail, a police station, a school, a factory, etc.
(iii) When it is necessary to provide residences in parts of the
country where no civil station exists, and where a lengthened term of
residence would render camp accommodation unsuitable, e.g., buildings
along lines of roads or canals, for the housing of officials employed on
their construction or maintenance.

(iv) When it is shown to the satisfaction of Government that

suitable house accommodation for officers whose appointments are
permanent in respect of locality is not available in a civil station already
in existence, or is available only under circumstances which is likely to
place such officers in an undesirable position in relation to house
proprietors.
 95

252. Before submitting a proposal to Government for the

construction of a residence for a Government official, the head of the
department concerned should consider whether the requisite
accommodation cannot be more conveniently provided by taking an
existing building on lease with the sanction of Government. Every such
proposal for the leasing of such buildings should show clearly.

(i). the sum payable annually to the lessor;

(ii). whether all repairs will be executed by the lessor, and if not;
(iii). the estimated annual charges for maintenance and repairs if
they are to be executed by Government;
(iv). in cases in which Government is liable to pay the municipal taxes,
the amount of such taxes;
(v). the standard rent of the residence under the rules and;
(vi). the average emoluments of the officer for whom the
residence is proposed and the maximum rent recoverable
from him.
253. The proposals should show distinctly that the scale of
accommodation is not in excess of that which is appropriate to the status of the
officer.
254. The lease should ordinarily provide that the lessor will execute all
structural repairs before the building is occupied and will carry out all necessary
additions, alterations and repairs.
255. All proposals to Government to construct or purchase a
residential building for a Government servant when it is not possible to take an
existing building on lease under the conditions of paragraph 252 should contain
full information on the following points:—
(i) the scale of accommodation supplied does not exceed that
which is approximate to the status of the occupant;
(ii) the probable capital cost, the average annual cost of
maintenance including taxes and the standard rent under the rules.
(iii) the average emoluments of the officer for whom the
quarters are constructed.
 96

256. As a rule no proposal should be made for the supply or

accommodation in excess of a scale appropriate to the status of the
occupant. Subject to this main principle, every proposal should as far
as possible be so formulated that the standard rent does not exceed the
maximum rent ordinarily recoverable from the occupant under the rules.
II. Classification of Residential Buildings
257. For the purposes of the foregoing rules Government residential
buildings will be divided into two classes:—
Class I.— Buildings which will ordinarily be occupied by officers
liable to pay the full standard rent, subject to the limit of 10 per cent of
their emoluments.
Class II.— Buildings from which recovery of the full standard rent
is not expected, i.e., buildings which will ordinarily be occupied by
officials who are entitled to accommodation rent free or at reduced
rates.
Note 1.— The fact that a building of class I is occasionally occupied by
a tenant who is entitled to accommodation rent free, or at a
reduced rent, will not justify its removal from class Ito class
II, and vice versa a building in class II should not be
transferred to class I whenever it is occupied by a tenant
who may be required to pay rent in accordance with the
rules. Buildings should be transferred from one class to the
other only when there is a permanent change in the conditions
under which they will ordinarily be rented. Transfers should
be made only under the orders of Government and should
have effect in all cases from the commencement of a financial
year.

Note 2.— Buildings for which rent is recovered for a season only, such
as those meant for the migratory staff of Government should
be shown under class I if they are allotted to officers liable
to pay the full standard rent (limited to 10 per cent of their
emoluments). Such buildings may, however, be exhibited
under a separate group of the class.
 97

258. All buildings of class I may be kept on a single list for the
purpose of this rule, or there may be separate lists for each circle of
superintendence, as may be more convenient. Separate lists are not
required for buildings the rent proceeds of which are creditable to
different services.
C. MISCELLANEOUS
259. Procedure in the case of applications for reduction of
rent--All applications for sanction to reduce the rent of Government
buildings occupied as residences below the amounts which should be
charged under the foregoing rules must be accompanied by a tabular
form in which should be shown the under mentioned particulars:
1. Value of building and site.
2. Average annual charges for maintenance.
(a) Special, and
(b) Ordinary.
3. Rent assessed according to rules.
4. Proportion of total area occupied by office (if any).
5. Deduction on account of office rent (if any).
6. Rent that would be payable by occupant.
7. Rent that is proposed.
8. Average emoluments of occupant.
9. Market rate for similar accommodation in the same station (to
be given as far as practicable).
260. In all cases in which it is proposed to exempt an officer from
the payment of rent, the under mentioned particulars should invariably
accompany the application.—
(a)Actual or estimated value of the house and site,
(b) Rent chargeable under the rules.
(c) Emoluments of the official recommended for the grant of
free quarters.
 98
(d) Date from which it is proposed to grant the privilege of
free quarters.
261. Periodical review of concessions. In cases in which the
—

grant of free quarters or of quarters at reduced rent has been sanctioned,

Heads of Departments and the Chief Engineer may, should such
concessions appear to them for any reasons, to be no longer necessary,
review such cases and recommend to Government the withdrawal of
the concessions accompanied by data statements for sanction to the
recovery of rent.
262. The practice of allowing public officers and others to occupy
Government buildings rent free, on condition of keeping them in repair,
is prohibited. A rent fixed with the reference to the value of the property
should, in all cases, be demanded, and the repairs should be executed
through the agency of the Public Works Department.
263. Improvements to residential buildings. When estimates
—

for improvements and additions to residential buildings are submitted

for the sanction of the competent authority information as to—
(a) the present capital cost of the site and building separately,
(b) the standard rent of the quarters,
(c) the probable revised standard rent after completion of the
works, and
(d) the probable actual rent likely to be recovered should be
furnished along with the proposals.
264. Additions and improvements to buildings for which
special reduced rents have been sanctioned by Government.
Proposals for additions and improvements to buildings for which special
reduced rents have been sanctioned by Government should be jealously
scrutinized. Adequate additional rent in proportion to the further capital
expenditure should, as a rule be recovered in all cases in which the
reduced rent was fixed in consideration of certain defects, as it would
not be correct to reduce the rent of a house on account of defects and
then to improve it without increasing the rent.
 99

265. Liability to rent for new buildings and for additions

—
and alterations.

(a) The Executive Engineer should fix, the approximate rate of

rent to be recovered and should give notice thereof to the officer for whom
the building is intended, one month in advance of its probable date of
completion. Immediately the building is fit for occupation, the Executive
Engineer or the Sub Divisional officer concerned should intimate the
fact of its completion to the officer concerned. The liability to rent
commences from a date one week after the date of receipt of the intimation by
the officer, and the rent should be covered in accordance with rules, whether
the building has been occupied within that time or not. The rent so fixed
will be subject to adjustment later, should the rent finally sanctioned by the
competent authority under the rules differ from that decided upon by the
Executive Engineer.
(b) In the case of additions and alterations to a residential
building which necessitate a revision of rent, the Executive Engineer will
fix, in the first instance, the revised rate of rent to be recovered, subject
to modification and the necessary adjustments after the sanction of data
statements by the competent authority, and will give notice thereof to
the tenant within ten days after the completion of additions and alterations.
The revised rate will have effect from the date of completion of the
work.
(c) Revised data statement should be submitted to the
competent authority immediately after the completion of each work
involving an increase to the capital cost of the building without waiting for
the completion of works subsequently sanctioned.
Note.— All data statements for calculating the standard rents of
Government residential buildings have to be sent to
Government for approval through the Accountant-General.
266. Damage to residential buildings by tenants.— Every officer
for whom a Government residence has been provided is bound to
leave it in a fit state for occupation by his successor and will be
required to pay the cost of any special painting, white-washing,
cleaning
 100

or other repairs which may be rendered necessary by any improper use

of the building. In order to give effect to this rule and to see that the
quarters have been handed over for occupation in thoroughly good ord.
the Executive Engineer or the Sub-divisional officer should arrange to
have each residential building inspected immediately after it is vacated.
The incoming tenant will also be responsible for bringing to the notice of
the Executive Engineer any special damage at the time he enters the
building.
Note 1. The intention of the rule is that, while repair occasioned by
natural wear and tear should be carried out at Government
cost, damages to Government property which can be
proved to be due to culpable carelessness on the part of
tenants should be charged to them.
Note 2.— A notice to the above effect should be issued to occupants
before they occupy their allotted quarters.
Note 3.— A list of fixtures in each residential building shall be maintained
by section officers and in sub-division and division offices
and a copy of it shall be hung in each building. Whenever a
change in occupancy of a building occurs, the outgoing
officer should obtain from the incoming officer a receipt for
the fixtures handed over and forward it to the P.W.D. Section
Officer in charge of the building. If the building on being
vacated by one officer is not occupied immediately by
another, the outgoing tenant on vacating the building should
obtain a certificate from the P.W.D. section officer that all
the fixtures noted in the list are present and in good order;
and, when the building is reoccupied, the section officer
should obtain from the new tenant a receipt for the fixtures.
If any of the fixtures are left in a damaged condition, the
section officer should immediately report the fact through
the Sub Divisional officer to the Executive Engineer who
will recover the cost of the damaged articles from the
outgoing tenant.
 101

267. Care of vacant buildings.. If' an officer for whom a

Government residence is provided with or without rent is allowed for
his own convenience to live elsewhere, he is expected to engage a
watchman to take care of the building. Until a private watchman is so
employed, the P. W.D. will employ one and recover the cost from the
tenant; when however a residence remains unoccupied not purely on
account of personal reasons but because the post to which the residence
is attached is vacant or its incumbent is exempted both from occupying
it and from the liability to rent the following arrangements should be
made:

(1) If the quarters are expected to be vacant for one month or less,
the officer on the spot discharging the duties of the permanent officer for
whom the quarters are intended should arrange to depute a peon or
other menial to look after the vacant building, or garden attached to it.
(2) If the quarters are expected to be vacant for more than one
month the department in charge of the building will employ a watchman
at the cost of the Government to look after the building as well as the
garden.
Note 1. The Executive Engineer is authorised to sanction the
entertainment of a watchman or caretaker in the case of
Government residence in his charge. In exercising this
power, the Executive Engineer should ordinarily sanction
only the lowest pay of the watchman. If, however, it is
found absolutely necessary to pay more than the lowest
rate in special cases, he should record his reasons for doing
so.
Note 2.— A watchman employed for a vacant residential building need
not be discharged, when the building is temporarily used as
a rest-house by touring officers for not more than 15 days.
 102

D. UPKEEP OF THE COMPOUNDS ATTACHED TO

PUBLIC BUILDINGS
268. (a) To ensure the proper upkeep of the compounds attached
to Government buildings including residences in charge of the P.W.D.
the following rules should be observed:—
(1) The occupant of a Government building or residence shall
be responsible for the proper care and upkeep of the trees, shrubs, and
hedges in the compound and will also see that the compound is kept in
proper order.
(2) No tree or main branch of a tree shall be cut without the
Executive Engineer's concurrence.
(3) The ground of the compound shall not, without the
concurrence of the Executive Engineer, be broken for any purpose except
that of "gardening" in the ordinary sense of the word, and this sense
shall not include the digging of pits, ponds or wells for watering purposes.
(4) Bushes and shrubs planted in the ground are the property
of the Government and may not be cut down or removed from the
compound without the concurrence of the Executive Engineer. But his
concurrence shall not be required for such cutting down, uprooting or
trimming of any bush or shrub or lopping of any tree as maybe necessary
for the proper maintenance of the garden.

(5) The Executive Engineer will report to the Superintending

Engineer any breach of the above rules which may come to his notice.
(b) The compound of jails and mental hospitals will be
exempted from the operations of the above rules and will be in sole
charge of the Superintendents.
269. The tenants of rented or rent free residences may be allowed
the enjoyment of the usufruct of trees, provided the compounds are
maintained at their cost and the pay of the gardeners and all garden
expenses are borne by them.
270. An officer occupying Government quarters has no right to the
trees or branches blown down by cyclone, as the term "usufruct" is not
meant to include them.
 103

E. HOSTELS
271. The hostels attached to schools and colleges do not come
under the class of residences for Government Officials, but they should
be shown in the monthly return of residential building for purposes of
watching the recovery of rents therefore. They should he treated as
nonresidential buildings for the purpose of determining the authority
competent to accord administrative approval to additions and
improvements thereto.
CHAPTER IV
MISCELLANEOUS RULES REGARDING
OFFICE WORK EXCLUDING ACCOUNTS
PROCEDURE
A. INITIAL RECORDS OFACCOUNTS
272. The initial records upon which the accounts of works are
based are—
(a) The Muster Roll (Form K.P.W. 19).
(b) The Measurement Book (Form K.P.W. 21).
273. For work done by daily labour the subordinate in charge of
the work will prepare a Muster Roll recording thereon when practicable
the work done and the amount payable. For piece work and for contract
work generally, the Measurement Book will form the basis of account.
From the Muster Rolls the subordinate will prepare the labour reports
and from the Measurement Book he will check (or, if so arranged,
prepare) the bills and accounts of contractors and suppliers.
I. Muster Rolls
274. The Nominal Muster Roll, Form K.P.W. 19 is the initial record
of the labour employed each day on a work and must be written up
daily by the subordinate deputed for the purpose. (See also paragraphs
309 to 311 of the Kerala Public Works Account Code).
 104

275. In view of the importance of this initial record the following

precautions should be observed with regard to the custody and issue of
Muster Roll forms in the divisional and subdivisional offices.
276. A Register in the Form given below shall be maintained to
account for Muster Roll forms in each Divisional Office or Sub Divisional
Office where the Sub Divisional Officer himself is the Disbursing Officer
and maintain his own cash book.
REGISTER OF MUSTER ROLL FORMS
Division ................................................................................ ..

Date of return

U,

0 0

cyJ
0

(2) (3) (4) (5 ) (6) (7)

Sub-Division ..........................................................................
277. At the time of issue, a serial No. will be assigned to each
Muster Roll form and the name of work noted under the dated initials of
the Disbursing Officer. The inner sheets will also similarly be initialled
by the disbursing officer and assigned numbers corresponding to the
outer sheet but each such sheet shall bear in addition Roman numbers.
Thus the first inner sheet of Muster Roll No. 8 will be 8 (i) the second 8
(ii) and so on.
278. The signature with designation of the official to whom Muster
Rolls are issued should be taken against the entry of issue in the register
or reference to the acknowledgement quoted therein.
 105

279. The Muster Roll forms will remain valid during the month for
which they are issued. If any form is not brought into use during the
montlfit must be returned to the office of issue for immediate reissue
order a fresh number. Some of the Muster Roll forms issued to stations
remote fi-om headquarters will, however, remain valid for three months
and the name of work will not be entered on them. These are intended
for use in case of emergency.

280. Payments may only be authorised in valid forms authenticated

by the Disbursing Officer and the voucher Nos. and date should be
noted in the register against the entries of issue of the forms as soon as
the payments are accounted for in the Cash Book. The Divisional
Accountant or Sub Divisional Clerk in the case of Sub Divisions where
the Sub Divisional officer is the disbursing officer, should verify the voucher
numbers and initial in the relevant column of the register in token of
verification. In the case of a register maintained in the Sub Division the
Divisional Accountant should test-check at least 10 per cent of the entries
at the time of inspection of the Sub Division to ensure that the register is
being properly maintained.
281. Muster Rolls lost or destroyed can only be written off under
orders of the Superintending Engineer to whom a full report explaining the
circumstances of loss or destruction should be sent as soon as detected.
282. The Register of Muster Rolls for the Divisional and Sub
Divisional Offices shall be kept in the custody of the Divisional
Accountant and Sub Divisional clerk respectively but the Disbursing
Officer will be responsible that these rules are observed.
II. Measurement Books
283. The Measurement Book Form K.P.W. 21 is a most important
record since it is the basis of all accounts of quantities whether of work
done by daily labour, piecework schedule contract, or of materials
received. It is the original record of actual measurement or count. The
description must be lucid so as to admit of easy identification and check.
A reliable record is the object to be aimed at as it may have to be
Produced as evidence in a Court of Law. Rules regarding the maintenance

•
 106

of Measurement Books and the manner of making entries therein are

found in the Kerala Public Works Account Code, paragraphs 316 and
317.
Note.— Whenever measurement Books, change hands, even if it is
only from one office to another situated in the same buildings,
the receipt of the books should be acknowledged in writing
by some responsible person of a grade not inferior to that of
a clerk.
284. Sub divisional Officers are expected to check the calculations,
etc., recorded in measurement books as laid down in paragraph 327 of
the Kerala Public Works Account Code and to check measure works
as laid down in paragraph 320 of the Kerala Public Works Account
Code. The Executive Engineer will check measure the work done on
not less than 50 of their important works in each year or the check
measurement should invariably be for works costing one lakh and above
and the check measurement should include atleast 25% of the value of
works under important items of work whichever is higher.
285. A register of check measurements should be maintained in
each division showing all check measurements made by the Divisional
Officer and this register should be available for inspection by the Audit
Officer during his inspection.
286. During their tours and inspections of Divisional offices,
Superintending Engineers should make it a special duty to see that
Measurement Books are carefully kept, that measurements are properly
recorded, and that the books are complete records of the actual
measurements of each kind of work done and are maintained in
accordance with the above rules.

287. Superintending Engineers are competent to deal with losses

of Measurement Books. All losses of Measurement Books should at
once be reported to the Superintending Engineer who will deal further
in the matter. He will write off the loss and will take disciplinary
action if necessary.
 107

III. Progress Reports of Works

288. Sub divisional Officers and subordinates will furnish to the
Executive Engineer such progress reports of works and at such intervals as
may be prescribed. It is the duty of the official-in-charge of any work to
bring to notice any dilatoriness, bad work, or anything militating against the
interest of Government on the part of any contractor or piece worker.

B. CUSTODY OF CASH
289. Public money in the custody of the department should be
kept in strong treasure chests and secured by two locks of different
patterns. The duplicate keys of Divisional and sub divisional cash chests
should be placed, under the seal of the Executive Engineer, in the custody
of the Treasury Officer in the jurisdiction of the Division concerned. A
duplicate key register should be maintained and once a year, in the month
of April, the keys should be sent for, examined and returned under fresh
seal, a note being made in the register that they have been found correct.
The key of one lock should be kept apart from the key of the other lock
and in a different person's custody when practicable. When there is a
police guard, the havildar or other petty officer of the guard should
usually be the custodian of one set of keys. The chest should never be
opened without both custodians being present. The non-commissioned
officer or daffadar of the guard should always be present when a treasure
chest is opened and until it is again locked. Whenever a cashier is
attached to a Division or Subdivision, the key of one of the locks of the
treasure chest will necessarily remain in his possession.

Note.— The above rule should be strictly followed in offices where

cashiers have been required to furnish security under paragraph
293. In other offices where iron safes and cash chests are
embedded in masonry and the cash to be deposited does
• not ordinarily exceed Rs. 500 a single lock is sufficient.
Portable cash chests will always be provided with two locks.
 108

C. CASHIERS
I. General
290. Cashiers may be appointed with the sanction of Government
whenever the cash transactions of a division or subdivision are sufficiently
extensive to require it.
291. One cashier may make the cash payments of two or more
Sub Divisions, or through the whole of a division wherever such an
arrangement is found to be practicable.
292. The Executive Engineer will count the cash in the hands of
each cashier at least once a month; or in the case of out-stations, he or
the Assistant Engineer will count it whenever he may visit them. He will
on such occasions record a note in the cash book showing the date of
examination and the amount (in words) found.
II. Security deposits (Subordinates)
293. Cashiers whether appointed permanently or temporarily, must
furnish security, the amount being fixed by Government according to the
circumstances of each case. Store-keepers, sub-store-keepers and all
subordinates entrusted with the custody or handling of cash or stores,
are required to furnish security in accordance with the rules in Article
301 of the Kerala Financial Code.
D. STORES
I. General
294. The stores of the Public Works Department are divided into
the following classes, viz., (i) Stock, or general stores, (ii) tools and
plant, (iii) road metal and (iv) materials charged direct to works. Unless
there are orders to the contrary the officer-in-charge of a subdivision
will be responsible for all the stores belonging to it.
Note: A contractor should not be asked to take delivery direct from
—

a firm of articles required for a work as it may lead to fraud.

295. An Executive Engineer is responsible that proper arrangements
are made throughout his division for the custody of public property. He
must be careful to keep all tools and implements in efficient order, must
 109

protect surplus stock from deterioration, and must take proper

precautions to prevent the loss of public stores by lire.
296. Every officer is bound to take charge of departmental
stores which from the death or departure of the persons lately in
charge, or from any other cause, may be left at or near his station without
adequate protection.
II. Acquisition of stores
(A) PURCHASE OF STORES
(i) Stores (other than tools and plant)
297. Stock and other materials (other than road metal)
required in ordinary course for the execution of sanctioned works, may
be procured by the Executive Engineer after getting the sanction of the
competent authority and observing the stores rules in Chapter VII of
the Kerala Financial Code, Volume I and the Rules contained in the Store
Purchase Manual.
Note.— Purchases of materials far in advance or in excess of
requirements results in both direct and indirect loss of
Government should be avoided.
(ii) Tools and Plant
298. "Tools and Plant" can only be purchased or manufactured on
estimates sanctioned by competent authority.
299. Charges for new supplies of and repairs to bicycle, in the
case of executive offices, should be classified under "Tools and Plant"
While those relating to typewriters and duplicators, cyclostyle machines,
etc., which are classed as "Stationery" should be classified under
"Contingencies".
300. The Floating Plant of a division consists of boats, dredgers or
other vessels intended primarily for use in connection with the works of
the division. The Floating Plant obtained in connection with large projects
is generally treated as "special" and charged to the works concerned.
Other Floating Plant required in connection with general maintenance
 110

purpose is charged to the "Tools and Plant" of the division. In the first
case the cost of maintenance and repairs of the floating plant is debited
to the work concerned and in the second to "Tools and Plant".
(B) MANUFACTURE
301. The manufacture or collection of material involving an outlay
of Rs. 2,000 or upwards, must in all cases be covered by an estimate
showing the proposed outlay and the material to be received. If the
material be for a work already duly sanctioned, or for reserve stock
within the sanctioned limit for the division, the estimate will only required
the approval of the competent authority but in all other cases the estimate
must be duly sanctioned as for an original work.
III. Reserve of Stock
302. Ordinarily, materials should be purchased only for works in
progress, and petty stores obtained, if possible, from a supplier who
should enter into a contract for them at scheduled rates, and no reserve
of stock should be kept. But in the case of any division in which, owing
to its remoteness from markets or for any other reason it may be
considered necessary that a reserve should be maintained, the sanction
of Government should be obtained for the maintenance of reserve stock
up to a maximum value to be prescribed; and, if this has been done, the
Executive Engineer should subject to the sanction of the competent
authority regulate the purchase or manufacture of stock articles to an
extent sufficient to keep his stock up to that limit, the sanction of superior
authority being obtained when it becomes necessary to exceed it. The
fixed maximum should be kept at the lowest point compatible with
efficiency, and the stock returns of divisions should be carefully scrutinized
by Superintending Engineers, from time to time, with, reference to this
point. As it is not known on which work these stores may be used, they
are accounted for in a Suspense Account of stock, see paragraph 193
of the Kerala Public Works Account Code.

IV. Stock taking

303. Executive Engineers are to have all the stock in their divisions
checked at least once a year. It is not necessary that all the stores of a
 111
division or even of a sub division, should be checked and counted at the same
time. All stores should be counted by an officer not below the rank of a Sub
Divisional Officer.
304. All articles of stock (but not tools and plant) which are not likely
to be required during the following twelve months, should be reported
to the Executive Engineer who will, if necessary, take the
Superintending Engineer's orders as to their disposal.
V. Disposal of Stores
(A) LOSS OF STORES
305. Executive Engineers should, deal with all cases of loss of
public stores, from whatever cause under Articles 171, 172, 315, 318 319
of Kerala Financial Code Volume I.
Note 1. When Stores including tools and plants material borne under the
suspense head of account 'Stokes' are lost the loss should made
good by recovering the cost supervision charges at 20% and
storage charges fixed by Government.
In respect of tools and plant materials, the cost of which is
charged to the head of account "tools and plants" cost plus
supervision charges at 20% alone should be recovered.
Note 2. In the case of loss of stores including tools and plants materials
—

charged to 'tools and plant' die to embezzlement in addition to

recovery of cost of supervision charges at 20% and storage
charges as laid down in Note (1) interest charges at the rates as
fixed by Government from time to time at the appropriate stage
after the liabilities are determined and from time to time a written
demand is made on the amount of liabilities so determined
should also be realised.

(B) SALE OF STORES

(i) General
306. When stock materials are sold to the public or other
Departments an addition of 20 per cent must be made to cover charges on
account of supervision, over and above the rate fixed under paragraph
 112

212 of the Kerala Public Works Account Code. This addition, may ,

however, be waived by the officer empowered to sanction the sale in

the case of surplus stock which, in his opinion, would otherwise be
unsalable.
Note. The term "Other Departments" includes also special divisions
—

of the Public Works Departments, the establishment of which

is classified under major heads other than that to which the
establishment of the supplying division relates.

(ii) Surplus Machinery

(a) The original acquisition cost of any machine will be the
actual value paid and the initial transport and incidental charges incurred.
When a machine is purchased second hand the acquisition cost will
also include the cost of overhaul done to put the machine in working
order for the first time.
'(b) The scrap value of any piece of equipment should be
assumed as 10% of the original purchase value.
(c) The life of any second hand machine will be that which is
mutually agreed to between the selling and purchasing projects or
organisations - vide also clause (f) below.
(d) Selling price at any stage during the rated life of the
equipment shall be calculated by a straight line depreciation curve, starting
from the acquisition cost and ending with the scrap value, from which
will be deducted the cost of repairs necessary to put the equipment in
working condition. The cost of repairs will be that mutually agreed to
between the selling and purchasing projects or organisations.
(e) If any project sells a piece of equipment after it has used
out its full rated life, the purchasing project will take over the equipment
"as is, where is" at its scrap value, that is, any repairs required at that
stage will be borne by the purchasing project.
(f) In case no correct records of hours worked have been
kept for any machine to be transferred, the representative of the selling
 113

and purchasing projects or organisations will mutually agree on the figure

to be adopted for number of hours worked. The repairs may he carried
out at the option of the purchaser and the willingness of the seller at the
workshop of the selling project.
The transfer of equipment should he given effect to as
expeditiously as possible pending the settlement of transfer value.
(g) In case of any dispute between the selling and purchasing
projects or organisations or where mutual agreement, where so specified,
is not possible to be arrived at, the decision of the Government will be
final and binding on both the parties.

(iii) Surplus Stores

307. All surplus stores will be divided into two classes.— (i)
Serviceable and (ii) unserviceable. When stores (including tools and
plant) of any kind become unserviceable, a report thereof must be made
in the survey report Form K.P.W. 17; this should be done at once on
discovery of the fact; as it is desirable to avoid keeping worthless materials
on stock. In the report all proper explanations must be given and the
period during which the articles have been in store or in use, and the
cause of deterioration must be stated.

308. All unserviceable articles should be sold in public auction with the
sanction of the Competent Authority.
309. If, for special reasons, the authority competent to sanction the
disposal of the articles considers that it will be better in the interests of the
Government to order the effective destruction of such articles, he may do so.
310. All serviceable surplus materials at site of works, which have been
completed, abandoned or stopped indefinitely should, if likely to be of use
on other works within a reasonable time, be transferred to works in
progress or brought on to stock account.
311. The Executive Engineer of a division should prepare a list of (1)
the serviceable surplus materials brought on to stock account in his
 114

division and of (2) all other articles, which are already borne on stock
and which are not likely to be required in his division during the following
twelve months, and circulate it among the neighbouring divisions, a copy
thereof being also sent to the Superintending Engineer of his own Circle
and to other Superintending Engineers concerned.
312. It will be the duty of the Executive Engineers and the
Superintending Engineers to see that all the articles shown in the surplus
lists of the several divisions circulated as in paragraph 311 above are
used to the best advantage as early as possible on works, in the division
in which the articles are surplus or in the divisions to which the surplus
lists have been circulated.
313. If use cannot be found for any of the articles shown in the
surplus lists of the divisions within a period of one year from the date
they were first entered therein then the Executive Engineers should take
action immediately to have the articles sold by public auction with the
sanction of the competent authority except in the case of costly stores
or those which are not easily procurable.
314. When a building or a portion of a building or other works are
dismantled, the dismantled materials may be either:—
(a) sold; •
(b) brought into stock at a valuation;
(c) utilized in the construction of new work in the same building; or
(d) utilized in the construction of new work in a different building.
The transaction shall be dealt with in the accounts as described in the
explanatory note of Appendix to the Kerala Public Work Code.
315. Except as provided in paragraph 368 III no public stores
maybe sold otherwise than by the public auction, without the permission
of the Superintending Engineer. Commission which should ordinarily
not exceed 5 per cent may be allowed to the auctioner, not being a
departmental subordinate, but no commission can be allowed on private
sales.
 115
VI. Hire of Tools and Plant
316. The following rules govern the hire of tools, plant and
machinery in the Public Works Department General Stores, (Government
Workshops including Divisional Stores) loaned to Government
Departments, Local Bodies, Contractors, etc.
(1) Ordinarily heavy plant and machinery alone should be let
out on hire; light and petty tools such as Carpenter's, Blacksmith's or
Fitter's tools etc., covered by Class D Rule 6 should not be hired out
except under pressing need and that with the discretion of the Officer in
charge.
(2) Ordinarily, if plant and machinery are likely to be required
for a continuous period of 5 years the articles required should be
purchased out-right instead of being hired and on completion of the
work, if no longer required, the same can be returned to the Officer in
charge of the Stores, who after examination may if they are still serviceable
take them over at a valuation.

(3) The hire charges payable under these rules should be

recovered monthly in advance except in the case of Government
Departments, Local Bodies and Contractors doing Government works
in which case they may be recovered monthly in arrears.
(3A) The hire charges in respect of Departmental Vehicles shall
be recovered at the rates given in Appendix IIIA. In addition to the
above rates, 15% shall be charged if the Vehicles are hired out for works
in high ranges.
(4) A deposit of the full market value or the full original cost of
the tools and plant whichever is greater should be taken in all cases
from private individuals including contractors requiring them for use on
private works. This deposit shall be taken in the case of non-Government
works also when the Departmental Staff does not move with the plant
and operate it.
(5) If, in any particular case the deposit, arrived at under this
rile is higher than what the occasion really demands the amount may at
the discretion of the Chief Engineer, be reduced to a safe figure.
 116
(6) A formal agreement as per model agreement in Appendix
III should be entered into by the Officer in charge of Stores for all plant,
machinery and tools hired out to local bodies, contractors and private
parties. For use both on Government, non-Government and Private
Works.
(7) In addition to the rent payable under these rules the person
hiring the tools, plant and machinery should also pay-
(i) All transit and incidental charges in connection with the
dispatch of the tools, plant and machinery from the Stores and return
thereto; and
. (ii) The cost of replacing missing or broken parts or of
repairs necessitated by any definite or specific damage.
(8) For the purpose of fixing the rates of hire (vide rule 10)
tools and plant shall be divided into 4 classes.
Class A. Plant and machinery which under fairly constant use, is
—

likely to have a life of 20 years e.g. portable steam engine and steam
vertical boilers, steam pumps, etc.
Class B. Plant and machinery which under fairly constant use is
—

likely to have a life of 12 years e.g., steam road rollers, steam air
compressors, steam concrete mixers, internal combustion engines of
low speed type, steam hoists, power cranes, rail track of tramway plant
and pile driving equipments, suction dredgers, etc.
Class C. Plant and machinery which under fairly constant use is
—

likely to have life of 6 years e.g., all motor driven machinery comprising
of pumps, air compressors, welding set, concrete mixers, mortar mills,
road rolling locomotives, internal combustion engine of high speed type
and power calyx drills, hand operated calyx drills, gear pumps, hand
cranes, mortar mills, boring tools and rock drills, rolling stock of tramway
plant, two wheeled and four wheeled trollies, water carts, centrifugal
pumps, pulsometer, stone crushers, hand operated concrete mixers and
lorries and trailers.

Class D. Tools that are brittle and easily damaged such as tools
—

for fitters, like pipe tongs, chair tongs, pipe wrench, taps dies, spanners,
 117
carpenter's tools such as awgens, chisels, etc., machine tools, smith's
etc.,
implements and other items such as mammattics, pickaxes, iron chatties,
manilla ropc, iron shairs, etc.
(9) if at the end of the period of life fixed for a plant or machinery inany
of the four classes mentioned above, it is considered still fit for use, it should
be transferred to a fifth class ' E' without value and hire charges at the rate fixed
for the class to which it originally belonged should be charged whenever it is
hired to other divisions, etc.
(10) The hire charges for heavy plant and machinery lent to other
Public Works Divisions, Government Departments, Local Bodies and to
contractors for use on Government works shall be fixed to cover interest,
depreciation, repairs on return or overhauling, and storage and the annual rates
are fixed as:—

The hire rates should be reviewed and revised at least once in two years in
keeping with the latest borrowing rate of Government and the average
maintenance charges of each class of machinery currently incurred.

(11) Ordinarily the working life of a plant or machinery shall be taken as

ten months in the year, the two months being earmarked for necessary overhaul
and repairs. The monthly hire shall be reckoned as 1/10 of the annual hire. The
rent for fractions of a month shall be calculated at 1/20 of the monthly rate per
diem subject to the maximum of the
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monthly rate. The hourly rate of hire charges shall be calculated at 1/8
of the daily hire charges. This hourly rate will be applicable only to
earthmoving equipments. The period of hire shall be counted from the
date the plant and machinery leaves the stores to the date it is returned.
(12) When heavy plant and machinery are lent to private
parties or contractors for use on works other than Government works,
therein charged shall be 50 per cent more than the rate prescribed in the
rule mentioned above. But in the case of Road Rollers lent to Contractors
/ Private Parties for use on works.
(13) In case of real emergencies, petty tools and
miscellaneous items as described in clause 8 (D) may be hired to
Government Departments, Local body or to a Contractor for
Government works but such tools must be returned to the stores as
soon as possible after the emergency ceases. The hire to be charged for
these items will be 50 per cent of the book value irrespective of the
period of hire. In case of breakage or if rendered useless the balance
value plus 20 per cent extra charges over the above will be recovered
allowing reasonable wear and tear.

Note. Government tools may be lent as a special case to petty piece

—

workers for the execution of Government works free of charges

or deposition the responsibility of the Sub Divisional officer in
charge of the works provided the rates for the work paid to
the piece worker are based on free issue of tools. If any of the
tools lent be not returned, full cost with centage shall be
recovered from the piece workers. The percentage deduction
on intermediate bill should be sufficient to cover the value of all
tools lent.
(14) The rules relating to the hiring out of pump sets owned by
Government Departments to Panchayats/ Cultivators during emergency
are given in Appendix - VIII.
(15) Floating plant not actually required for departmental
purposes may be let out on hire to private persons and occasionally to
Local Bodies such as Municipalities at rates fixed by Government on
 119

conditions laid down in the rules that may be issued from time to time.
advance deposits should be demanded from outsiders hiring floating
Plant. Government officers may use departmental boats on the payment
of rent fixed and on conditions laid down in each case.

(16) The Chief Engineer, the Superintending Engineer and

superintendent, Government Engineering Workshops are empowered
to hire out tools and plant and machinery to Local Bodies and private
parties for the period, specified below, subject to the conditions laid
down in the above rules.
Superintending Engineer
and Superintendent, For a period not exceeding 3 months
Engineering Workshops
Chief Engineer For any period in excess of 3 months
(17) The Executive Engineers and Assistant Engineers are also
empowered to hire out Tools and Plant and Machinery under their
respective charge, to Local Bodies for a period not exceeding one month
and ten days respectively subject to the conditions laid down in sub-
rules (1) to (15).
VII. Insurance of Government Property
317. In the case of goods imported from abroad insurance charges
are payable by Government, when the purchase price includes cost,
insurance and freight of goods as delivered at any port of entry in the
State. In F.O.B or F.A.S. contracts also insurance charges are payable
by Government. In all cases of contracts where supplying firm does not
undertake insurance at its cost the purchasing officer may arrange for
insurance himself against risks in transit such as loss, damage etc.
Insurance is essential in the case of fragile goods, costly machinery,
equipments, delicate machines and instruments and such articles which
deteriorate or otherwise become useless in transit.
318. When the terms of delivery accepted by the Purchasing Officer
are Ex. factory or Ex. godown or F.O.B / F.O.R. Place of despatch,
the charges for onward transmission including freight and insurance have
 120

to be borne by Government. Insurance of articles, supplied from sources

in India is optional, but in all cases in which damage is likely, insurancess
advisable.

E. DEPARTMENTAL REVENUE
I. Sale of Usufruct of Trees, etc.
319. (1) Except in cases where the sale of fishery rights in inland
waters specially entrusted to the Public Works Department, the fisheries
in .all public inland waters shall be disposed of by the Fisheries
Department. It is the duty of the Divisional Officers of the Public Works
Department to see that the sales of miscellaneous properties such as
usufruct of trees, grass, etc., are made periodically to the best advantage
of the Government. The sales should be made by public auction after
due publicity has been given.
(2) For the publication of notice for auction sales, the following
procedure is prescribed:—
Amount Nature of publication Period of Notice
1 2 3
Upto Rs. 1,000 Auction notice should be Two weeks from the
published in Notice Boards date of publication
in the Division Office, Sub-
Division Office, Section
Office, Taluk office, Panchayat
Offices and Village Offices &
in important localities
Above Rs. 1,000 Auction notice should be Three weeks from the
and upto published in Notice Boards date of publication
Rs. 10,000 in the Division Office, Sub- in the Gazette
Division Office, Section
Office, Taluk office, Panchayat
Offices and Village Offices &
in important localities and
Gazette and in one of the
Malayalam Dailies having
the largest circulation
in the area.
 121
Above Rs, 10,000 Auction notice should be Thirty days from the
published in Notice Boards date of publication
in the Division Office, Sub- in the Gazette
Division Office, Section
Office, Taluk office, Panchayat
Offices and Village Offices &
in important localities and
Gazette and in two Malayalam
Dailies having the largest
circulation in the area.
Note.— The amount mentioned above is the Book Value in the
case of auction of materials. If the Book Value is not
known, the assessed value as adopted for disposing of
the materials should be taken. The amount fetched in the
previous auction sale of usufructs of trees, lease of land etc.,
should be taken. The assessed value will be derived with
reference to the condition of the articles and their
existing market price (G.O.(Rt) 59/70/PW. dated 16-1-
1970 and G.O. (Rt) 513/ 70/PW dated 20-4-1970).
320. As soon as the bid is knocked down 50% of the bid amount
and proportionate sales - tax thereon shall be collected in advance. A
sum equal to 50% of the total purchase amount for the entire period
of the lease shall be deposited as security for the due fulfilment of
the conditions of the lease by the successful bidder. The balance
50% of the bid amount shall be collected in 2 instalments of 25%
each, the share for each year being collected in advance before 30th
April. If these payments are not made then and there, the right should
be resold or fresh tender notice issued. When the tenderer does not
come up with 50% of the bid amount when the auction is knocked
down, the Earnest Money Deposit should be forfeited and the right
re auctioned. Failure to observe this rule may result in loss to
Government, for which the officers concerned will be held primarily
responsible.

Note L— Before confmning sales, the officers entering into agreements

should make careful enquiries regarding the solvency of the
successful bidder.
 122

Note 2. The Executive Engineer concerned may at his discretion

—

extend up to a maximum of one month the time limit of one

week prescribed in the second sentence of this paragraph
for payment of the balance, subject to the following
conditions:—
(i) the Executive Engineer is satisfied about the solvency of
the successful bidder;
(ii) such extension does not involve any risk to Government;
and
(iii) the successful bidder is not allowed to enjoy the usufruct
until he makes the payment.
Note 3. In respect of auction of ferries, the bidder should pay the bid
—

amount in 10 equal monthly installment and should remit

initially 25% of the bid amount as Security Deposit for
fulfillment of the terms of the lease as per agreement. But in
the auction sale of ferries, where the entire bid amount is
paid in full at the commencement of the lease period and in
respect of free service ferries 5% of the bid amount alone
need be remitted as security deposit. The security Deposit
amount will be released to the bidder after expiry of lease
period. If the bidder fails to. fulfill any of the terms of the
agreement the deposit shall be forfeited.

Note 4. The lease deed for the right of lease of Ferries shall be
executed in the Form prescribed in Appendix - X of this
Code.

321. Agreements for the sale of grass and usufruct of trees shall be
drawn up in the prescribed forms with necessary modifications, when
the amount of the lease for the whole period covered by the agreement
is more than Rs. 100 and the period exceeds one year; in the case of
other such leases, no agreements need be taken and it will be sufficient
if the conditions of the sale and of the enjoyment and penalties for the
infringement thereof are published at the time of the sale and
communicated to the successful bidders.
 1

123

II. Rents of Buildings and Lands

322. rules of relating to rents of public buildings and lands will be
found in Chapter III o I* this Code and paragraphs 279 to 292 of the Kerala
Public Works Account Codc.
III. Navigation Revenue
323.The rules relating to the use of canals and public ferries and the
scale of fees chargeable on account of registration, licences,
wharfages, demurrages and others are contained in the notifications and
navigation rules framed under the Canals and Public Ferries Act published
separately and issued to the divisions concerned.
IV. Public Works Department Toll Gates
324.The right to collect tolls on Government roads will ordinarily be
leased out under the orders of the Superintending Engineers of circles either by
public auction or by inviting sealed tenders, according to the circumstances of
each case. The Chief Engineer may at his discretion run them
departmentally in particular cases for special reasons.

F. MISCELLANEOUS
I. Bridge over Irrigation Canals and Channels

325.If the construction of a new irrigation channel interferes with existing

public right of way, the cost of construction and up keep of the bridge to a
standard adequate to the requirements of normal road traffic from time to time
shall be met from irrigation funds. In cases where such bridges have to be
improved or reconstructed in order to meet the requirements of increased
traffic, the entire cost should be met by the Public Works (Irrigation)
Department irrespective of the question whether the bridge is structurally
sound or not, or whether the roadway interrupted is a maintained road, or a
cart track, etc., subject to the condition that the Public Works (Irrigation)
Department is satisfied that such reconstruction or improvement due to
increased traffic is really necessary. The cost of the increased roadway over
the bridge and its maintenance should be borne by the local authority concerned.
Railings, sidewalls and embankments up to the limits of the Public
Works
 124

Department and those beyond the limits of the Public Works Depatment
land should be treated as part of the approach road and constructed
and maintained by the local body concerned.
II. Store Keepers
326. When the stores are sufficiently extensive to require it, a store
keeper will be appointed to hold charge. The store keeper will have
nothing to do with the disbursement of cash„ the supply of materials or
the preparation of bills. His duties will be confined to the receipt, custody,
preservation and issue of the stores under his charge, and to keeping
the required returns relating to them.
G. TRANSFERS OF CHARGE
I. General
327. An officer must not delay making over charge after the arrival
of the relieving officer; nor must he without the permission of his
immediate superior officer, leave the station before the arrival of his
successor. The relieving officer will take up the expenditure of cash and
stores from and for the first day of the month during which the relief
took place, and submit the next monthly accounts in the same manner
as if he has been in charge during the whole month. But the relieved
officer remains responsible that proper explanation is forthcoming for
transactions during his incumbency.
328. A register of incumbents of charges should be kept in every
divisional office showing the period of incumbency of each officer who
has held charge of the division and of the several Sub Divisions and, in
each Sub-divisional office, a similar register of the incumbents of that
Sub Division only.

II. Executive Engineers and Sub divisional Officers

-

329. The cash book or imprest account should be closed on the

date of transfer and a note recorded on it, over the signature of both the
relieved and relieving officers showing the cash and imprest balances
and the number of unused cheques, made over and received in transfer
by them respectively: A copy of this note, together with the following
 125

documents, should be forwarded the same day to the Superintending

Engineer in the case of divisional or to the Executive Engineer in the
case of subdivisional charges:—
( ) Transfer report.
(2) Receipt of stock, tools and plant and other store under the
immediate charge of the relieved officer, Forms A and B being used for
divisional and subdivisional charges, respectively.
(3) A detailed report on the state of surveying and mathematical
instruments. In the case of transfer of di visional charges this report
should be in respect of instruments at the headquarters only.
330. The receipts of cash and stores balances should be prepared
by the relieved officer, but the relieving officer should note any
inaccuracies therein so that the Superintending Engineer or the Executive
Engineer as the case may be, may pass such orders in respect of any
deficient articles as may be necessary. A copy of the receipts may be
given to the relieved officer, if desired by him.

FORM A
Received in transfer from A.B., late Executive Engineer.................
Division, the stores in his personal charge as detailed in the annexed list ..
The balance returns of the stock and tools and plant in charge of all
subdivisional officers for the half-year and year ending respectively are
on record, and the divisional stock returns have been prepared to end
of
C.D.
(Station and Date) Executive Engineer,
..................... Division
FORM B
Received in transfer from A.B., late officer in charge of ........
Subdivision, the stock and tools and plant which have been in this
Personal custody, as detailed in the last balance return and accounts of
receipts and issues to date.
 126

The returns for the year ended ........................ the half Year
ended and for the month of for the whole
subdivision have been submitted to the Executive Engineer, and the
account of daily receipts and issues for the current months has been
written up-to-date.
C.D.
(Station and Date) Relieving Subdivisional Officer.
331. The relieved officer should further give the relieving officer a
list and memorandum showing all the works in hand and the orders
remaining to be complied with and of such matters as particularly require
his attention with full elucidation of any peculiarity in his charge, or
apprehended difficulties. He should also furnish the relieving officer
with a complete statement of all unadjusted claims with the reasons for
their not having been adjusted in due course and a report as to any
complication likely to arise owing to their non-adjustment.

332. On assuming charge, an Executive Engineer will make it his

business to acquaint himself with the works in progress in the division;
he will examine the state of the accounts and inspect the stores. He
should mention specially in his transfer report whether the accounts may
be considered fairly to represent the progress of work. A Sub Divisional
Officer should in addition count, weight or measure selected stores in
order to test the accuracy of the returns, and should minutely examine
the works in progress as to their quality and as to their accordance with
the sanctioned plans and estimates. He will report to his superior anything
irregular or objectionable that may come officially to his notice. In cases
where the relieved and the relieving Sub Divisional Officers or Executive
Engineers are present to hand over and take over, the transfer of charge
will be held to be complete only after all the stores and tools and plant in
the personal custody of the relieved Subdivisional Officer or Executive
Engineer are actually counted, handed over and taken over. The
Superintending Engineers concerned shall, under paragraph 555 of the
Kerala Public Works Account Code, allow them such time as is
reasonably necessary for such counting, handing and taking over. In
 127

case however where the relieved officer cannot be present to hand over either
by reason of serious illness or sudden death, an immediate verification of
the stores in his personal custody should be arranged for by the officer taking
over charge under paragraph 335 of the Kerala Public Works Department
Code. If the relieved officer is unable to be present on account of serious
illness, he shall be required to nominate a person, who will represent him
during such verification and sign for him for the correctness of the check. If,
on such verification any deficiency is noticed, the officer, who left the charge
suddenly on account of illness, shall be held responsible for the deficiency,
unless, after his recovery from illness, he is able to account for it from the
accounts or other records maintained by him.

333. In the case of the transfer of a division, the report of completion of

transfer should, except in special circumstances, be submitted within a
fortnight of such transfer. In the case of any disagreement between the
relieved and relieving officers, a reference should be made to the
Superintending Engineer.
334. The transfer report of a Sub-divisional charge, should, on
receipt by the Executive Engineer, be scrutinized by himany remarks
,

necessary being entered in the column provided for that purpose and
returned to the Sub Divisional Officer who, after acting on the orders
received, should return it to the Executive Engineer for record in the
divisional office. The Executive Engineer is responsible for seeing that
the transfer of charge is conducted properly and for reporting to the
Superintending Engineer any points on which orders are required.

335. In the case of a divisional or subdivisional charge becoming

vacant by the death or sudden departure of the officer-in-charge, the next
senior officer of the Department present should assume charge and take action
as above prescribed forwarding to the Superintending Engineer or
Executive Engineer, as the case maybe, the receipts which would otherwise
be given to the received officer.
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III. Other Officers

336. In the case of transfers of charges other than divisions and
subdivisions the Executive Engineer should issue instructions as to the
work to be jointly inspected by the relieved and relieving officer.
Note In the case of all transfers of charge of subdivisions and sections
—

detailed lists of the component parts of heavy plant and

machinery and of tramway plant should always be included
among the transfer papers, and that if, for any reasons, it is not
possible to verify these lists at the actual time of transfer, the
should be verified immediately afterwards by the relieving officer,
who in case of any avoidable delay, will be held responsible
for any deficiencies.

CHAPTER V
SPECIAL RULES FOR IRRIGATION,
NAVIGATION, EMBANKMENT AND
DRAINAGE WORKS
A. WORKS FOR WHICH CAPITAL AND REVENUE
ACCOUNTS ARE KEPT
I. Productive and Unproductive Works
337. Projects for irrigation, navigation, embankment and drainage
for which Capital and Revenue Accounts are kept are of two classes:
(1) Productive and (2) Unproductive. See paragraph 348.
338. Productive public works are works of a remunerative character
undertaken for the improvement of the country and are expected after a
certain period to yield enough revenue to meet the interest charges on
the capital and the cost of working and maintenance.
339. Unproductive public works are those which although not
directly remunerative to the extent of productive works, are calculated
to guard against a probable future expenditure in relief of the population,
or which are undertaken for the general improvement of the country, or
for general administrative purposes.
 129

ii. Conditions relating to Productive Works

340. To admit of a new work being classed as productive the
following
conditions must be satisfied:
(a) There must be good reason to believe that the revenue
derived from it will, within ten years after the probable date of its
completion, repay the annual interest on the capital invested calculated at
such rate as the State Government may fix from time to time, but in preparing
a project for sanction no deduction is to be made from the total capital
outlay on account of anticipated excess of revenue over simple interest
calculated at the rate for productivity mentioned above.
Note 1. Capital invested includes (1) direct charges, (2) indirect
charges and (3) all arrears of simple interest, if any, i.e.,
balance of total interest calculated at the rate for productivity
over total net revenue.
Note 2.— Betterment levy is taken in reduction of capital expenditure
in the pro forma accounts of the Projects, viz., Financial
forecasts, Administrative accounts, etc., although it is treated
as indirect receipt for the purpose of general accounts.
(b) It must be susceptible of having clear Capital and Revenue
accounts of it kept.
(c) Its classification as a productive work must be duly
sanctioned by a Competent Authority.
III. Unproductive Works
341. Unproductive works have been defined in paragraph 339.
Ordinarily they are works undertaken for the general improvement of the
country and financed from General Revenues.
IV. Classification
342. The rules for determining (1) whether a work which has been
Classed as productive shall continue to be so classed, and (2) whether an
unproductive work may be, re-classed as productive, are as follows, the
percentage rates referred to being those prescribed for the time being
and being subject to alteration at the discretion of the State
Government.
 '130

(i) Every irrigation, navigation, embankment or drainage Work for

which capital accounts arc kept should, until ten years after the date of
the closure of its construction estimate, be classed, as productive if the
net revenue anticipated from it appears likely to repay, on the expiry of that
period the annual interest charges on the capital invested.
Conversely, if it is not expected to yield the relevant return, it should be
classed as unproductive. If moreover, at any time during the period of
construction, or within ten years of the date of the closure of its
construction estimate, it becomes apparent that a work originally classed
as productive will not actually be remunerative according to the criterion
prescribed above, it should be transferred from the productive to the
unproductive class, and similarly if it becomes obvious, during the same
period, that a work sanctioned as unproductive will actually prove
remunerative the transfer of the work from the unproductive to the
productive class may be effected.

(ii) Every work classified in accordance with rule (i) above

will retain its classification unchanged during the eleventh, twelfth and
thirteenth years after the closure of its construction estimate.
(iii) If any irrigation, navigation, embankment or drainage work
for which a capital account is kept and which is classed as productive
fails, at any time after the expiry often years, from the date of the closure
of its construction estimate, in three successive years to yield the relevant
return prescribed in rule (i) above, it should be transferred to the
unproductive class. A work classed as unproductive which succeeds in
yielding, in three successive years, the relevant return prescribed for a
productive work may, on the same principle, be transferred to the
productive class.

(iv) If an existing irrigation, navigation, embankment or drainage

work be extended or improved, the criterion of productivity prescribed
in rules (i) to (iii) above shall be applied to the whole system, including
such extension or improvement, as if the extension or improvement had
been executed simultaneously with the original work, and the date of
sanction referred to in those rules for the purpose of determining the
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percentage to be returned by the system as a whole, shall be that of the accord

of sanction to the original project. As an exception to this rule, if any
extension be, owing either to its nature or magnitude, such as may reasonably be
considered to be a separate project and if it be susceptible of having clear
capital and revenue accounts kept of it, as distinct from those of the project as a
whole, it should be treated as a separate project and in that case the conditions
relating to extension and improvement shall be applicable. In all such cases
separate capital and revenue accounts should be maintained for the extension in
order to enable the productivity test to be periodically applied.

(v) Rules (i), (iii) and (iv) are, however, subject to the proviso that
the State Government may postpone the transfer of a work from one class to
the other in cases in which it is satisfied that its success or failure is due to
purely transient causes.
343. The transfer ofa work fromthe productive to the unproductive category
or vice versa, will affect the recording of all future transactions in connection
with it. No adjustment will be made in the general accounts in respect of past
transactions, but the necessary transfers will be effected by the Accountant-
General in the pro forma accounts of the work in question.
V. Principles for determining what Expenditure is
chargeable to Capital and what to Revenue
344. Irrigation and navigation works are generally of a revenue
producing character. Large works being usually financed from borrowed money,
it is essential to see how they are working and for this purpose a capital and
revenue accounts has to be maintained showing the total cost of construction,
extensions and improvements, as well as the gross revenue and the cost of
working and of maintenance.

345. The principles to be observed in deciding whether an item of

expenditure should be charged to capital or to revenue are as follows:—
(a) Capital bears all charges for the first construction and
equipment of a project as well as charge for maintenance of sections not
opened for working and charges for such subsequent additions and

_____________________
 132
improvements as may be sanctioned under the rules by competent
authority
(b) Revenue bears all charges for maintenance and working
expenses, which embrace all expenditure for the working and upkeep
of the project, as also for replacements and for minor additions or
improvements, as it may be considered desirable to charge to revenue
instead of increasing the capital cost of the undertaking.
(c) In the case of renewals and replacements of existing works,
if the cost really represents an increase in the capital value of the system
and exceeds the cost of the original work by Rs. 1,000, the cost of the
new work should be divided between capital and revenue, the portion
debited to the latter account being the cost of the original work, which
should be estimated if the actual cost is not known, and the balance
charged to capital. In other cases, the whole cost of the new work
should be charged to revenue. Thus a renewal which does not represent
a substantial improvement of the original work, but which is, in all material
essentials, the same as the latter, although it may exceed the cost of that
work by more than Rs. 1,00Q should not be charged to capital but to
revenue accounts.

(d) When the construction estimate of a project for which a

separate capital account kept, is closed, the expenditure on works of
extension will be charged thus,-
(i)Estimates exceeding Rs. 1,000 for (i) works which are
in themselves directly remunerative, such as new distributaries, mill or
works for increasing the canal discharge, and (2) works which are
necessary for the full development of a project, but which are not in
themselves directly remunerative, shall be charged to the capital account.
(ii) Estimate amounting to Rs. 1,000 or under shall be
charged to the revenue account under extensions and improvements.
(iii) All estimates for works which are neither remunerative
in themselves nor considered necessary for the development of the project
shall be charged to the revenue account under extensions and
improvements. L.
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(c) Where outlay is of a nature which under these rules does

not appertain to capital it is not, under any circumstances and whatever
its magnitude, to he charged to capital .
'When Capital and Revenue Accounts should he kept
346. Capital and Revenue Accounts should he kept of all new
irrigation and navigation works whether entirely constructed or merely
remodeled and restored by Government, the estimated capital outlay
on which is more than Rs. 50,000 inclusive of establishment and tools
and plant charges, and of works costing less than Rs. 50,000 in case
the Government specially order to that effect, provided there is good
reason to anticipate that the revenue derived there from will more than
cover the working expenses, direct and indirect.
347. If for any reason a project of which the estimated capital
outlay is over Rs. 50,000 is considered to be of insufficient importance
to justify the maintenance of a capital account or if any difficulty be
anticipated in ascertaining the correct revenue, it may, with the sanction
of Government, be classed as a work for which neither capital nor
revenue accounts are kept.
B. WORKS FOR WHICH NEITHER CAPITAL NOR
REVENUE ACCOUNTS ARE KEPT
348. Under this head are grouped a number of works. Which,
while collectively of great importance, are individually either too small
or are so un remunerative as to make it not worthwhile to maintain
separate accounts for each work. All expenditure on such works
whether on the construction of new works, extension and improvements
or on repair and maintenance of existing works are booked under the
head 68A (A) or (B) or 18A (1) or (B) (1)-works for which neither
capital nor revenue accounts are kept, as the case may be. Such works
cannot be classified as either productive or unproductive, in the absence
of capital and revenue accounts-see paragraph 337.
 134

C. MINOR IRRIGATION WORKS IRRIGATING LESS

THAN 80 HECTARES
349. The Director of Local Bodies is in charge of the maintenance o
fall Minor Irrigation Works irrigating less than 80 hectares excepting
such of them as have been specially placed under the Public Works
Department. All works connected with Minor Irrigation with the
exception of those requiring professional skill and ability are executed
by the Department of Local Bodies out of funds placed at its disposal.
The expenditure on works requiring professional skill and ability will be
incurred in the Public Works Department out of the funds placed at the
latter's disposal.

D. DEBIT OF EXPENDITURE ON INVESTIGATIONS

350. Expenditure on the investigation of a new irrigation project
productive or unproductive-should be accounted for under the minor
head "Other charges" under the minor head "18. Other Revenue
Expenditure Financed from Ordinary Revenue, Miscellaneous
Expenditure". The other minor heads "Establishment and Tools and
Plant" are intended for record of charges of the cost of establishment
and tools and plant employed on such investigation. When the projects
are actually taken in hand the Accountant-General makes the necessary
adjustments to transfer such expenditure to the capital account if such
account is kept for the work.

E. PREPARATION OF PROJECTS-IRRIGATION
WORKS
I. General
351. The preliminary investigation of a project by the Public Works
Department should be limited to the collection, by inspection, preliminary
field work and enquiry, of the data required for arriving at an approximate
estimate of cost and at a decision whether the project is likely to be feasible
and should be further investigated with a view to its eventual execution.
The report on the preliminary investigation should include a general
description of the proposed work and an approximate estimate of the
cost of the project and if the complete investigation of the project is
 135

recommended a general description of the lines of the investigations to be

made and an estimated of their cost considering the work to be done in all
the departments concerned and not only in the P. W. D.
352A. The following points should be dealt with particularly in
the report:—
(a)The amount of water available having regard, when necessary,
to the possible claims of other State, to the interests of existing irrigation
under the source proposed to be tapped whether in this or in other State
and to the rights of other riparian owners of lands irrigated lower down;
(b) The approximate extent of the ayacut of the project and its
general location;
(c) The existing sources of irrigation in the proposed ayacut
(e.g. tanks and wells), the suitability of the soil for irrigation;
(d) The rainfall and its distribution throughout the year;
(e) The level of sub-soil water at various seasons as indicated
by wells in the proposed ayacut;
(f) The nature of the crops to be irrigated, the duty of water at
the field and at the head-works and the allowance made for seepage
and evaporation in the channels;
(g) A description of the distributary channels which in the case
of larger works, should be accompanied by a longitudinal section;
(h) Any measures which may be necessary for the protection
of the ayacut from floods from outside it, such as river flood banks;
(i) The existing drainage facilities in the ayacut and the works
to be undertaken—
(1) to ensure that the drainage course are made sufficient to
carry off not only the floods which occur from time to time owing to
local rainfall but also the additional water which will be placed on the
land by the proposed project; and
(2) to enable the drainage water from the fields in the ayacut
to reach the drainage courses without having to passover cultivated land
for an undue length;
 136

(j) The adequacy of the existing communications and provision

of additional communications and the agency by which they should be
provided:
(k) A rough estimate of the cost of special staff in the various
departments concerned :—
(1 ) for making a complete investigation,
(2) for carrying out the works and
(3) for expediting the development of irrigation after the
works are completed.
(1) The sources from which labour can be obtained;
(m) A description of the healthiness of the tract in which the
works are to be carried out and the need for and cost of special measures
to safeguard the health of those to be employed on the construction of
the works, and of housing accommodation and other amenities for them.
B. In the case of a storage work the report should include—
(a) A general description of the catchment;
(b) The runoff at the site of the proposed, reservoir with data
on which the available supplies are calculated;
(c) The approximate capacity of the reservoir;
(d) A general description of the soil and subsoil of its bed and
porosity of the bed;
(e) The materials of which it is proposed to construct dam;
(f) A longitudinal section and a few cross-section of the dam
with sketches of the profiles proposed for adoption;
(g) A general description of the soil and sub-soil at the site of
the proposed dam and their porosity, the suitability of the foundation of
the proposed dam and the possibility of leakage under it or round its
flanks;
(h) The proposed surplus works;
(i) The materials required and those available for the
construction and the localities from which they can be obtained; and
 137

(j) A recommendation whether an examination of the site by a

geological expert is necessary or not.

353. The report should also include a preliminary financial forecast

including an estimate of the rate of watercress, which will have to be
charged in order to make the project remunerative, provision being made
for the acquisition of land and the excavation of channels at the cost of
the Government for large blocks of land and for the acquisition of land
alone for filed channels to be excavated by ryots at their own cost within
those blocks; and for any works that may be necessary to ensure
adequate protection from floods and drainage of the land to be irrigated.
The maximum area of a block to which the channels are, under the
proposals made, to be excavated at the cost of the Government and the
normal area to be served by a field channel should also be given.
354. It is very necessary that the local Public Works Department
officers should exercise very careful foresight in framing estimates of the
cost of works. It is the duty of the Superintending Engineer and Executive
Engineer in preparing or scrutinizing an estimate to consider carefully
the local conditions and the details of the methods by which it is proposed
to carry out the work and to satisfy himself that the estimate makes
adequate provision for all requirements which can be foreseen. The
exercise of special care is necessary in the case of estimates for
productive works since the decision to proceed with them or not must
greatly depend on the estimated cost of carrying them out.
355. A general description of the proposed works should follow,
including the sources from which the supply of water is to be drawn, the
quantity of water available at different periods of the year, and the quantity
it is proposed to utilize; also the character of the sediment brought down,
whether likely to fertilize or the reverse, the area of land commanded,
the average area usually cultivated and the area a probably irrigable; the
length of main channels and distributaries and, if navigation be also
contemplated, the length of the navigable portion.
356. (a) The following informations should also be furnished. The
quality of water allotted to each main channel and the area irrigable
 138

therefrom in tabular form, the dimension of the channels and the works
on each being furnished separately.
(b) The reasons for the adoption of the particular scheme
recommended in preference to any other; and a full account of the basis
on which the alignments of channels and other portions of the design
have been projected with a careful analysis of any engineering questions
involved.
(c) The question of labour and the sources whence it is
obtainable and the probable effects of the operations on the existing
rates.
(d) The localities whence materials are obtainable, and the
facilities for manufacture, with the probable rates, the results of any
experiments on the quality of lime, the character of brick, clay, etc.
(e) The method proposed of carrying out the work, and the
establishment probably required.
(f) The executive division into which it is proposed that the
works should be divided and the time which will probably be occupied
in construction.
(g) In the case of projects for which capital and revenue
accounts will be kept, the returns expected form the works and basis
on which they are calculated.
II. Particular Instructions as regards Storage
Projects
357. The report should, in addition to the information specified in
paragraphs 355 and 356 give the area of the tank and contents when
full, the area of land commanded and irrigable, the length of the dam, its
maximum height, materials of which it is proposed to construct it, form,
etc. length of surplus weir or weirs, and the mode in which the water 15
to be let off for irrigation. The questions of the available water supply
number of times the reservoir will probably fill during the year, rainfall
and proportion flowing off the catchment, character of soil and general
slopes of the country, losses by evaporation and absorption and issues
 139

Of compensation water, quality of the water, depreciation of storage

capacity owing to silt deposit, etc., should be fully dealt with, as well as the
quantity of flood water for which provision must be made, and the waterway
of the escape weirs.
III. Embankment
358. In the case of new lines of embankment, it is necessary that the
report should show clearly the financial responsibilities of Government in
connection therewith and the manner in which it is proposed that the outlay
shall be recovered.
IV. Project Estimates
359. The complete estimates for a project should include indirect as
well as direct charges. The main headings are as follows:—
(1 ) Works (including surveys and special tools and plant).
(2) Establishment (including leave allowances).
(3) Tools and plant (ordinary).
(4) Pensionary charges.
Indirect charges—
Capitalization of abatement of land revenue on area occupied by works
calculated at twenty years purchase.
Provision should be made in the estimate of establishment, tools and
plant and pensionary charges as follows:—
Establishment (Including leave allowances) 25 percent on the
—

estimated works outlay.

Tools and Plant—Two percent on the estimated works outlay
(ordinary)
Pensionary charges.— (a) in the case of large projects for which
special establishments are employed and charged to the projects, such
percentage as may be fixed by the Government from time to time on the total
salary and leave allowances of the pensionable establishment
employed on the project, and
 140

(b) in the case of small projects or open capital work which are
carried out by the regular Public Works Department establishment and
which in consequence arc debited with the pro-rata charges for
establishment such percentage as may be fixed by the Government from
time to time on the gross establishment charges.
Note . The term "Pensionable Establishment" referred to in (a) above
—

also includes such portion of the temporary staff which may

be estimated by Government to have the likelihood of
ultimately being made permanent.
Provision should also be made in the project estimate for the levy
of one percent of the estimated works outlay for audit, although this
levy is made only in the proforma accounts of the works and not in the
regular accounts of the State.
360. The item included under the head "works" should be classified
under the prescribed main and sub-heads of account. The cost of
surveys including expenditure incurred, prior to the submission of the
project, should be included in the estimate.
Note 1. In the case of irrigation projects for which neither capital
—

nor revenue accounts are kept, it is unnecessary, except in

the case of large surveys for new irrigation projects referred
to in rules in Appendix 3 to the Kerala Account Code
Volume III to enter provision for establishment and tools
and plant in the estimate unless, for any reason, it may be
deemed desirable to do so in order to forecast the ultimate
result of the Project.

V. Closure of Construction Estimate

(Productive and Unproductive)
361. It is not possible to define exactly the period at which the
construction estimate of an "Irrigation or Navigation" work for which
capital accounts are kept should be closed; but unless specially ordered
otherwise, it should be closed; as soon as the project is practically in full
operation, although there maybe works such as drainage cuts, protective
 1

141
embankments, distributaries, etc., provided in the construction estimate, which it
is not desirable or economical to construct at once.
362. A date for the completion of the construction, on which the
sanction lapses, unless extended, must be assigned with each sanction.
363. For the purpose of providing for expenditure debitable to capital
after the closing of the construction estimate of an irrigation project such works
will be classified into two classes:—
(i) Works which are necessary for the full development of the
project, but which are not in themselves directly remunerative, e.g.,
drainage cuts, protective embankments, overbridges, etc.
(ii) Works which are directly remunerative in themselves,
Examples.— New distributaries, facilities for navigation works to
increase the canal discharge, etc.
VI. Completion Reports
364. When the construction estimate is closed, a completion report of
the project should be submitted to Government within 12 months or such
earlier period as the Chief Engineer may prescribe comprising the following
documents:—
(a) A statement (Schedule A) showing, by main heads and sub-
heads of the capital account, the actual expenditure on works completed
up to the date of the closure of the construction estimate.
(b) A statement (Schedule B) of works which are within the
scope of the sanctioned estimate and of which detailed estimates have been
prepared and sanctioned by competent authority, but which were incomplete
or had not been begun on the date of the closure of the construction
estimate.
(c) A statement (Schedule C) of works sanctioned between the
date of closing of the construction estimate and the time of submitting
completion report.
(d) A statement (Schedule D) of works for which no estimates have
been sanctioned up to the date of the submission of the completion report, but
the probable expenditure on which can be foreseen and which are
necessary to complete the project.
A
 142

(e) A Statement (Schedule l complied as a combination of

statements, A, B, C and I) showing revised forecast of
expenditure. This statement should also show, for purposes of
comparison, the sanctioned estimate by main heads and sub-heads of the
capital acoount.
(0 A report on the works executed up to the time of the closure
of the construction estimates. -his report will discuss the financial results
already attained and expected in the future and the general prospects of
the project and should be accompanied by forecast financial statements
based on Schedule E above, i.e., on the total anticipated ultimate
expenditure on the project.
(g) An index map showing the canals and distributaries as
completed.
Note.— It is essential that all important uncommenced works which
are within the scope of the sanctioned estimate should be
included in Schedules 13, C or I) as the case may be, except
that works included in a substantial section of projects, which
may have been abandoned even though provisionally, maybe
omitted provided that the total amount of the sanctioned
estimate as entered in Schedule E is reduced by the aggregate
assumed cost (including contingencies) of the works included
in that section.
 143
CHAPTER VI
POWERS OF SANCTION
Fundamental Conditions
5. (a) The expenditure to he incurred under the powers delegated
non be subjected to the general conditions in (iii) (iv) above and the
Kerala Public Works Department Code.
(i) that there should exist sanction either special or general
accorded by Competent Authority authorising the expenditure;
(ii) that there should be provision of funds authorised by
competent authority fixing their limits within which the expenditure can

be incurred;
(iii) that the expenditure incurred should conform to the
relevant provisions of the Constitution and all the laws made there under
and should also be in accordance with the financial rules and regulations
framed by competent authority;
(iv) that the expenditure should be incurred with regard to
broad and general principles of financial property.
(b) The powers of the State Government to accord sanction
to expenditure and for the provision of funds for incurring expenditure,
are embodied in the Delegation Rules framed by Government. The
powers of the subordinate authorities of the Public Works Department
other than those pertaining to establishment are specified in the succeeding
paragraphs.
(c) The expenditure to be incurred under the powers delegated
will be subject to the general conditions enunciated in (iii) and (iv) above
and to the rules in the Travancore Financial and Account Code except
in so far as they are overridden by express provision in this Code and
the Kerala Public Works Account Code.
(d) A group of works which form one project shall be
Considered as one work and the necessity for obtaining the sanction of
higher authority to a project which consists of such a group of works is
not avoided by the fact that the cost of each particular work in the
 144

project, is within the powers of sanction of the State Government. But

this restriction does not apply to the case of irrigation projects the
construction estimates of which have been closed and further capital
outlay of which is being incurred under the rules for capital expenditure.
This principle will also apply to the other delegations in these paragaphs
and no item of expenditure should be so split up as to bring it within the
powers of sanction of an authority who is not competent to accord
sanction to the expenditure as a whole.

365(A). Except with the special order of the President which must
be obtained in advance, the amount of the expenditure incurred on the
maintenance, improvement, renewal or replacement of official residences
of the Governor shall not in any one year exceed the amount specified in
the table below provided that the Governor may without exceeding the
maximum specified in the table, reappropriate, whenever necessary, from
or to one sub-head of the said table to or from another sub-head thereof.
Rs.
Improvements 20,000
Maintenance and Repairs :-
(a) Gardens 20,000
(b) Electricity 15,000
(c) W a t e r 7,000
(d) Repairs 38,000

Total 1,00,000
 145
A. POWERS OF CHIEF ENGINEERS
366. The following powers have been delegated to the Chief Engineer

I. Sanction to Estimates
Limit of powers
Rs.
(a) Administrative Approval:
(i) All works except building works of departments
other than the P.W.D., and residential buildings of the
P.W.D., electrification of Government buildings and
investigation estimates 1 lakh
(ii) Electrification of Government buildings 5,000
(b) Technical sanction:
Technical sanction to detailed estimates for which
previous administrative approval has been
accorded by competent authority Full of powers.
Note 1. An application for administrative approval should be submitted by
the Departments requiring the work to the authority competent
to accord it and should invariably be accompanied by a preliminary
report by an approximate estimate and by such preliminary plans,
information as to site and other details as may be necessary fully to
elucidate the proposals and the reasons therefore. The
approximate estimate and the preliminary plans should be
obtained from the P.W.D. except in cases in which the
Department itself has a qualified P.W. Officer attached to it. The
detailed estimate should on no account exceed the amount
specified in the administrative approval without the previous
sanction of the authority which originally accorded such approval
except when the excess is only ten (10) per cent or below.

Note 2.— The power to accord administrative approval is inclusive of

departmental charges where leviable.
 146

(c) Annual maintenance grants.— (i) Fixing annual maintenance

grants for non-residential buildings in the first instance on the basis of a
detailed estimate-Rs. 1,500 in each case.
Note. Expenditure will be permissible within this limit without detailed
—

estimate being prepared every year.

(ii) It shall be competent to the Chief Engineer to delegate the
power to the Division Officer to sanction all estimates for maintenance
and annual repairs to buildings, communications, irrigation and all other
works in his charge by distributing the allotment as per actual
requirements to the various classes of communications, buildings,
irrigation etc., as per the actual requirements of the year provided that
the estimate under each head viz., communications, buildings, irrigation
miscellaneous public improvements, etc., shall not exceed the budget
allotment for maintenance under this head i.e., the Division Officer shall
not be competent to divert the maintenance allotment from one head to
the other, but is competent to distribute the grant for roads, unmetalled
roads, village roads, etc. This is subject to the condition that no new
road or building or any work shall be taken for maintenance without
Government sanction.
(d) Excess over estimates. To deal finally with all excesses of
—

not more than ten per cent of the amounts of original estimates, technical
sanction to which has been given by Government and original or revised
estimates sanctioned by himself. The Chief Engineer may also pass
excess expenditure within a limit of Rs. 1,000 (one thousand) irrespective
of the amount of sanctioned estimate.
Note 1. The above power to deal with excesses up to ten per cent
—

applies both to administrative approval and technical sanction.

II. Alteration of Designs
To sanction the necessary alterations in the constructive details of
works during their execution, provided such alterations do not cause an
increase of charges beyond the limit of his power to deal finally with
excess over estimates.
 147

To sanction in case of emergency, the commencement of any original work

of any special or periodical repairs and incur expenditure up to any
reasonable and necessary amount reporting the fact forthwith Government
where the estimated cost exceeds the limit of his power to accord administrative
approval ill id taking all steps necessary to regularize the expenditure.
To suspend the commencement or progress of• any original work, the
administrative approval of which has been accorded by Government, and report
the fact forth with to Government for orders.
III. Stores
(a) Purchase, manufacture and repair of stores including tools
and plant.
To sanction:
(i) Purchase of tools and plant (excluding live-stock and officer
furniture) up to Rs. 2,500 in each estimate provided there is budget
provision.
(ii) The purchase or manufacture of stock articles up to Rs. 25,00()
provided the sanctioned reserve limit of stock is not exceed and the conditions
laid down in the stores rules as far as they are applicable are observed.
(iii) Purchase and repair of office furniture upto Rs. 2,500 for each
estimate provided there is provision in the budget.
Note.— Live stock can be purchased only with the sanction of
Government.
(a) Disposal of stores including buildings.— (i) To sanction the
disposal of all unserviceable or surplus stores, tools and plant, office furniture,
materials at site of works, dismantled materials, etc., up to a book value of Rs.
15,000.
(ii) To sanction the disposal of buildings whose money value
does not exceed Rs. 2,500 provided they are not required by other
departments for any Government purpose. A certificate to the effect should
be recorded while according sanction.
 148

IV. Write off

(i) To sanction the write off of stores to the book value of Rs. 500
on account of deficiency, depreciation or other causes.
(ii) To sanction the write off of irrecoverable value of stores lost
through fraud or negligence or other causes upto the value of Rs. 100
subject to the condition that the loss does not disclose (a) a defect in the
system or rules, the amendment of which requires the orders of a higher
authority; and (b) serious negligence on the part of some individual officer
or officers which might possibly call for disciplinary action requiring the
orders of a higher authority.
Note 1. A copy of every such order under (i) or (ii) should be sent to
—

the Accountant-General with the note of the circumstances

which occasioned or facilitated the loss.
Note 2. Stores include stock, tools and plant, office furniture, materials
—

at site of work and materials received form works dismantled

or undergoing repair.
V. Grant of Advance
To sanction secured advances to contractors up to Rs. 3,000 (three
thousand); (ii) to sanction unsecured petty advances to labourers; (iii)
to sanction unsecured advances to Maistries and Kanganies up to Rs.
1,000 (one thousand).
VI. Contracts and Tenders
To accept tenders and enter into contracts with a contractor for
works and materials, chargeable to works on an estimate and subject
to the store rules as far as they are applicable within the amount of the
sanctioned estimate.
VII. Miscellaneous Powers
To sanction the purchase of books and periodicals required for the
use of the Department within budget limits.
To sanction advertisement charges up to Rs. 250 in each case.
To hire buildings to accommodate Government Offices or for other
purposes up to a maximum of Rs. 100 per mensem in each case.
 149

To arrange for taking photographs through private agencies up to a limit of Rs.

100 in each case.
TTo sanction payment of godown rent and demurrage charges up to a
maximum of Rs. 100 in each case provided they are not due to the
negligence of any officer.
To sanction the disconnection or shifting of telephones.
To sanction payment of workmen's compensation under the Act to the
heirs or dependants of the deceased or disabled workmen as fixed by the
Commissioner for Workmen's Compensation subject to observance of
prescribed rules.
Transfer of Funds or Reappropriation
To transfer within the same departmental head the budget grants placed at
his disposal.
B. POWERS OF SUPERINTENDING ENGINEERS
367. The following is a summary of the powers of a Superintending Engineer:
I. Sanction to Estimates
Limits of powers
(a) Administrative approval: Rs.
All works except building works
of departments other than the P.W.D.
and residential buildings of the P.W.D.
and investigation estimates • 25,000
Note.— The power to accord administrative approval is inclusive of
departmental charges leviable.
(b) Technical sanction:
(i) To accord technical sanction to
all detailed estimates for which he
or a higher authority has accorded
administrative sanction for all original
works and repairs other than
•• 2 lakhs
maintenance works
 150
(ii) To accord sanction to all
estimates for maintenance or annual
repairs subject to the condition that
(a) that such estimates are for the
actual requirements of the year; (b)
that funds therefor are provided in
the sanctioned budget and (c) that
the amounts allotted for the purposes
are not exceeded
.. Full powers subject
to budget allotment
(iii) To fix the allotment per kilometre
of road and distribute the total budget
grant fixed by Government for
maintenance of communications to the
various classes of communications in
the best manner possible, provided
sanction of Government has been
obtained for taking up any new
work for maintenance
(c) Annual maintenance grants
Fixing annual maintenance grants
for non-residential buildings on the
basis of a detailed estimate .. 1,000 in each case
Note Expenditure will be permissible within this limit without detailed
—

estimates being prepared every year.

(d) Excess over estimates. To deal finally with all excesses of
—

not more than 10 per cent of the amounts of original estimates, technical
sanction to which has been given by the Chief Engineer and original or
revised estimates sanctioned by himself, subject to the limit ofhis power
to accord technical sanction to estimates. The Superintending Engineer
may also pass expenditure within a limit ofRs. 1,000 on sanctioned original
works and repairs irrespective of the total of the sanctioned estimates.
The Superintending Engineer shall not sanction any excess over a
revised estimate sanctioned by Government.
Note The above power to deal with excess up to ten per cent applied
—

both to administrative approval and technical sanction.

 151

1 1 . Alt era t io n o f Des ig ns

To sanction the necessary alterations in the constructive details of
works during their execution, provided such alterations do not cause an
increase of charge beyond the limit of' his powers to deal finally with
excess over estimates.
To sanction in case of emergency the commencement of any original
work or ()fatly
special or periodical repairs and incur expenditure up to
any reasonable and necessary amount reporting the fact forthwith to
Government and the Accountant General through the Chief Engineer
where the estimated cost exceeds the limit of his power to accord
administrative approval and taking all steps necessary to regularise the
expenditure.
To suspend the commencement of progress of any original works
the administrative approval of which has been accorded by Government
and report the fact forthwith to Government through the Chief Engineer
for orders.
III. Stores
(a) Purchase, manufacture and repair of stores including
tools and plants.— To sanction (i) purchase of tools and plant
(excluding live-stock and office furniture) up to Rs. 1,500 on each
estimate, provided there is budget provision for the same, (ii) the purchase
or manufacture of stock articles up to Rs. 15,000 provided the conditions
laid down in the Store Rules as far as they are applicable are observed;
(iii) purchase and repair of office furniture up to Rs. 500 for each estimate.
Note.— Live-stock can be purchased only with the sanction of Govt.
(b) Disposal of stores including building.— (i) To sanction
the disposal of all unserviceable or surplus stores to the book value of
Rs. 5,000.
(ii) To sanction the disposal of buildings, whose money value
does not exceed Rs. 2,000. Such sanction should be accorded only
after reference to other departments if the buildings are required by
them for any Government purpose. A certificate to that effect should
also be recorded while according sanction.
 152

IV. Write off

(i) To sanction the write off or stores to the book value of Rs.
300 on account of deficiency, depreciation or other causes.
(ii) To sanction the write off of irrecoverable value of stores
lost through fraud or negligence or other causes up to the value of Rs
100 subject to the condition that they do not disclose, (a) a defect in the,
system or rules the amendment of which requires the orders of a higher
authority, and (b) serious negligence on the part of some individual officer/
officers which might possibly call for disciplinary action requiring the
orders of a higher authority.

Note 1. A copy of every such order under (i) or (ii) should be sent to
the Accountant-General with a note of the circumstances
which occasioned or facilitated the loss.
Note 2. Stores include stock, tools and plant, office furniture,
—

materials at site of work and materials received from works

. dismantled or undergoing repairs.
V. Grant of Advance
To sanction secured advances to contractors up to Rs. 2,500.
To sanction un-secured petty advances to labourers.
To sanction un-secured advances to maistries and kanganies up to
Rs. 1,000.
VI. Contracts
To accept tenders and enter into contracts with a contractor for
works and materials chargeable to works on an estimate and subject
to the Store Rules as far as they are applicable within the amount of the
sanctioned estimate and such excess as he is competent to pass, the
powers being restricted to contracts entered into in the standard form.
VII. Miscellaneous Powers
(1) To sanction advertisement charges up to Rs. 100 in each case.
(2) To finalise and issue the certificate regarding the valuation of
buildings and structures involved in Land Acquisition Cases costing above
Rs. 1 lakh and below Rs..5 lakhs within four months.
 153
VIII. Reappropriation
The powers of Superintending Engineer to sanction reappropriation
of funds will be governed by the provision in the Budget manual as amended
from time to time.

C. POWERS OF DIVISIONAL OFFICERS

368. The following is a summary of the powers delegated to the
Divisional Officers:
I. Sanction to Estimates
Limits of powers
Rs.
(a) Administrative approval:
All works except building works
of departments other than the P.W.D.
and residential buildings of the P.W.D.
and Investigations estimates 10,000
Note.— The power to accord administrative approval is inclusive of
departmental charges where leviable.
(b) Technical Sanction:
All works for which the previous administrative approval has
been accorded by competent authority and specific budget
provision for the work in an allotment has been secur ed
from co mpeten t auth ority 2 5,00 0
(c) Excess over estimates.—To sanction trifling alterations in the
constructive details. To deal with all excesses of not more than five per cent of
the amounts of original estimates sanctioned by himself or the Chief Engineer or
the Government, provided the total amount of such excesses is within the limit of
his power to sanction estimates technically.
Note. The above power to deal with excesses up to 5 per cent will apply to
excesses incurred on actual execution when the detailed estimates does
not exceed 10 per cent over both administrative
 154

approval and technical sanction of detailed estimates in which

case revised administrative approval should he Obtained from
competent authority unless the latter is within the powers of the
Divisional Officer. The competent authority is the chief
Engineer when the detailed estimate does not exceed l0 %
administrative approval.
II. Alteration of designs
To sanction trifling alteration in the constructive details of works,
the detailed estimates of which have been sanctioned by the Government
or the Chief Engineer, during their execution, in cases of necessity ,

reporting his action to the Chief Engineer provided no increase of charge

above the estimate is caused by such alterations
III. Stores
(a) Purchase, manufacture and repair of stores including
tools and plant. To sanction the purchase and repairs to tools and
—

plant (including office furniture) to the extent of Rs. 500 for each estimate
provided there is budget provision.
(b) Disposal of stores including buildings. (i) To sanction
—

the disposal of all unserviceable stores to the book value of Rs. 200.
(ii) To sanction the sale of surplus articles at site of any work
at their full value up to a book value of Rs. 200.
IV. Write off
No powers.
V. Grant of advance
To sanction advances to labourers taking the necessary precaution
to secure Government against loss up to Rs. 500.
VI. Contracts
It shall be competent to Divisional Officer to accept and enter into
contract for sanctioned works, with a contractor for works and materials
chargeable to works on an estimate and subject to the Stores Rules as
far as they are applicable to a limit of Rs. 25,000 in each case. If the
 155
lowest tender is not accepted, the reasons must he clearly recorded in
the order.
The Divisional Officer will be competent to accept tenders rates in
excess of sanctioned estimate rates provided no individual rate for any
item is in excess of sanctioned estimate by 5 per cent and the total
estimate cost is not exceeded beyond the power of the Divisional Officer
to sanction excess over estimates.

Should the Executive Engineer consider that the work although not
executed in strict accordance with the specification may be allowed to
stand, he is empowered to pay for the same at such reduced rates as he
may fix subject to the conditions that the acceptance of work below
specification and payment at reduced rates should be resorted to only
for those items where it is structurally impossible to get the work re-
done, and with approval of the competent authority in such cases, the
Executive Engineer should keep in the concerned file a detailed record
of such cases showing the basis of reduction in rates together with their
detailed analysis which may be made available for audit during
inspections.
VII. Reappropriation
The powers of the Executive Engineer to sanction re-appropriation
of funds will be governed by the provision in the Budget manual as
amended from time to time.
VIII. Miscellaneous Powers
To finalise and issue the certificate regarding the valuation of buildings
and structures involved in land acquisition cases costing above Rs. 15,000
and up to Rs. 1 lakh within three months.

•
 156

D. POWER OF SUBDIVISIONAL OFFICERS

369. The following powers have been delegated to Sub Divisional
Officers.
I. Sanction to Estimates
(a) Mchnical sanction.—To accord technical sanction to all minor
works, administratively approved and provided for in the budget up to
Rs. 2,000.
II. Stores
(a) Disposal ofstores.— To sanction the disposal of unserviceable
articles the book value of which does not exceed Rs. 50.
III. Contracts
It shall be competent to a Subdivisional Officer to enter into all
agreements not exceeding Rs. 2,000 and pass final bills relating to such
agreements subject to the following conditions:—
(i) The rates for items shall not exceed the rates for items
included in the sanctioned estimate for original works.
(ii) The rates for items under maintenance works shall not
exceed those provided in the sanctioned maintenance estimate for the
year or for the previous year or similar rates for items approved in
agreement executed by the Divisional Officer, in the case of maintenance
schedule of rate approved by the Divisional Officer for the year.
(iii) Lump sum items exceeding Rs. 5 in any single case shall
not be provided in such agreement. The total of the lump sum items
also shall not exceed Rs. 50 or 2 per cent of the total amount of contract.
(iv) The Sub Divisional Officers are empowered to pass part
bills on agreements executed by Divisional Officers up to a limit of Rs.
2,000 at a time provided the bill has been certified and check measured
by the Sub Divisional Officer before payment.
 157

IV. Miscellaneous Powers

To finalise and issue the certificate regarding the valuation of buildings
and structures involved in land acquisition cases costing above Rs. 5,000
and upto Rs. 15,000 within two months.

370. Valuation of Private Boats by Departmental Officers.—

officers of the P.W.D. not below the rank of the Assistant Engineer
qualified in Mechanical Engineering may issue Valuation Certificates of
private Boats.
Note. The rules relating to the issue of Valuation Certificate is
—

appended as Appendix IX.

 i 58
APPENDIX I
Forms or Schedule, Contract and 'lender Notice
(Paragraphs 128, 129 and 134 of the Kerala Public Works.
Department Cade)
GOVERNMENT OF KERALA
Department
Agreement No .....................................
between ................................ the
Governor of Kerala
DESCRIPTION OF WORK
Estimate Sanction No ................................
Amount...........................................
Amount of contract Rs ....................................................................
Year Amount
Budget Provision
Time of completion
Division ..................
Subdivision
Date ..................................
NOTES
1. The agreement will be the contract.
2. The accepted tender with conditions of
contract annexed should be attached to this
agreement and marked as Schedule A. GOVT. OF KERALA
3. The agreement should be signed by the parties in the presence of
two witnesses. ............................................................... Department
4. In the event of the agreement being
executed by a firm, it must be signed
separately by absence of any partner it must
be signed on his behalf by a person holding a
power of attorney authorising to do so.
5. Receipts for payments made on account of a
work when he signed by the several partners,
except in the case of well known and
 159
recognised
firms. and except where the cntrac_ tars
are described in their contract as firm.
The amount of security to be &Posited shall

bc 5 per cent of the probable amount of contract

rounded off to the next higher unit of Rs. 50.
The Security shall he in cash. currency
notes, 'treasury chalans or cheques
drawn on a recognised hank with offices
in the Kerala State.
AR-1 ICLES OF AGREEMEN't made the ......
day of ............................. 20.............. between 11.1:. the (governor of
.............................................(hereinafter
Kerala referred tr, 'fee Government which
expression shall where the context so admits or impiies he deemed to
include his successors in office and assigns) of the one part and
(hereinafter called the contractor which expression shall
where the context so admits or applies be deemed to include his heirs,
executors, administrators, successors in interest, legal representatives and
assigns as well) of the other part.
WHEREAS the Government are desirous of ................. and have
caused an estimate of probable quantities contained in Schedule A, drawings
and specifications describing the work to be done to be prepared,
WHEREAS the said Schedule A, drawings numbered serially 1 to
inclusive-(Schedule B)-and the specifications-
(Schedule C)-have been signed by or on behalf of the parties hereto,
WHEREAS the Contractor has deposited in cash/Treasury Chaim/
Government Promissory Notes/Cheques Rs as security for
the due performance of this contract,
WHEREAS the Contractors has also signed the copy of the Madras
Detailed Standard Specifications and addenda volume thereto maintained
in the Division Office in acknowledgement of being bound by
all the conditions of the clauses of the standard preliminary specification
and all the standard specifications for items or works described by a
Standard Specification number in Schedule A,
WHEREAS the Contractor has agreed to execute upon and subject
to the conditions set forth in the Preliminary Specification of the Madras
 160

Detailed Standard Specifications and such other conditions as arc contained

in all the specifications forming part of this contract (hereinafter referred to
as "the said conditions") the works shown upon the drawings and
described in the said specifications and set forth in Schedule A as the
"Probable quantities" and comply with the rate of progress noted at the
end of this articles of agreement for a sum of Rupees* ........................
or such other sum as may be arrived at under the Clause of the Standard
Preliminary Specification relating to "Payment on lump sum basis or by
final measurement at unit prices".
Now these presents witness and it is hereby mutually agreed as
follows:—
(1) In consideration of the payment of the said sum of Rupees
or such other sum as may be arrived at under the clause of the
Standard Preliminary Specification relating to "payment on lump sum
basis or by final measurement at unit prices" the Contractor will, upon and
subject to the said conditions, execute and complete.the works shown upon
the said drawings and described in the said specifications and to the
extent of the probable quantities shown in Schedule A with such
variations by way of alterations of, additions to, or deductions from the
said works and method of payment therefor as are provided for in the
said conditions.
(2) The term Executive Engineer in the said conditions shall mean
the public works officer in charge of the .............................
Division, who shall be competent to exercise all the powers and privileges
reserved herein, in favour of the Government A with the previous sanction
of or subject to the ratification by the# .......................................
in cases
where sanction or ratification may be necessary.
(3) The arbitrator for fulfilling the duties set forth in the arbitration
clause of the Standard Preliminary Specification shall be Superintending
Engineer of ................................... Circle.

* To be entered in words and figures

A
Rest of sentence to be struck off, if the Executive Engineer can himself enter
in the contract without reference to any higher authority
# Designation of officer who is competent to approve of the contract, under
the Kerala Public Works Department Code
 161

(4) Time shall be considered as of the essence of the agreement and

Contractor hereby agrees to commence the work as soon as this
convenient is accepted by competent authority as defined by the Kerala
Public Department Code and the site (or premises) is handed over.
As provided for in the said conditions and agrees to complete the
work within months from the date of such handing over of the site (or
premises) and to show progress as defined in the tabular statement "Rate
for extension of time" contained in Clause 59 of the Standard
Preliminary Specification.
(5) The said conditions shall be read and construed as forming part of this
agreement and the parties hereto will respectively abide by and submit themselves to
the conditions and stipulations and perform the agreements on their parts, respectively.

(6) Upon the terms and conditions of this agreement being fulfilled and
performed to the satisfaction of the Executive Engineer, the security deposited by the
Contractor as herein before recited or such portion thereof as he may be entitled to
under the said conditions shall be returned to the
Contractor
IN WITNESS whereof the Contractor*
............. and# ............................................. for and on behalf of the
Governor have hereunto set their hands the day and year first
above written.
Signed by Sri ...............................
the Contractor ...........................................
In the presence of witnesses.
1 .................................................
2 .................................................
Signed by Sri ...................................
for and on behalf of the Governor.
In the presence of witnesses.
1
2
* Contractor's name,
# Name and designation.
 162
RATE OF PROGRESS
The following rate of progress and proportionate value of work done
from time to time, as will be indicated by the Executive Engineer's
Certificates of the value of work done will be required.
Date of commencement of this progress will be the date on Which
the site (or premises) is handed over to the contractor.

Period after date of Percentage of work completed (based

Commencement on contract lump sum amount)

Note:- The periods to be entered in column (1) for the purpose of defining the
rate of progress may be fixed by the Executive Engineer to suit each case.
 SCHEDULE 'A'
Schedule of Rates and Approximate Quantities
(a) The quantities given here are those upon which the lump sum tender cost or the work is based, but they are subject to
alterations, omissions or additions as provided for in the conditions of this contract and do not necessarily show the actual
quantities of work to be done. The unit rates noted below are those governing payment for extras or deductions or omissions
according to the conditions of the contract, as set forth in the preliminary specification of the Madras Detailed Standard Specifi-
cations and other conditions or specifications of this contract.

(b) It is to be expressly understood that the measured work is to be taken nett (notwithstanding any custom or practice to the
contrary) according to the actual quantities when in place and finished according to the drawings or as may be ordered from time
to time by the Executive Engineer and the cost calculated by measurement or weight, at the respective places, without any
additional charge for any necessary or contigent works connected therewith. The rates quoted are for works IN SITU and complete
in every respect. cis
Rate Unit Amount
Item Probable quantity* Description of
M.D.S.S. No. Words Figures Figures
No. Figures work in words
Rs. P. Rs. P

1 I
Date .................................................................................................................................. (Signature of Contractor)
*Note.- The Second Subdivision of this column (i.e. column 3) is for entering description in words such as numbers, cubic metre,
kilogram, etc.
 SCHEDULE `E'
List of Drawings Supplemental List
Note-All drawings to be signed by the Contractor As referred to in the specifications (including the prelimi-
as well as the Officer entering into the nary Specification of the Madras Detailed Standard Speci-
contract fications
Drawing Drawing Date on which
Description ' the drawing
SI. No. SI. No. Description
Number Number was supplied

1 2 3 4 5 6 7

Date ................................................................................................................................................... (Signature of Contractor)

SCHEDULE 'C'
List of Specifications for the various items of works supplementing those d escrib ed in Sched ule A b y
Standard Specification Numbers
 DESCRIPTIVE SPECIFICATION SHEET
Materials
(i) Size alternative to Standard
Specification size or size
prescribed
Mortars and Concrete
(ii) Mixes prescribed if deviation Source from Approximate Remarks
from Standard Specification which item is lead
(iii) Masonry joint thickness and deviations to be obtained
Lime
Surki
Portland cement
Sand for mortar works
Sand for filling in
Earth for refilling and disposal or Surplus
Broken stone for concrete, reinforced concrete, etc.
Broken stone for road works
Broken brick
Gravel
Quarry rubbish
Rough stone, jeddy stone, etc.
Flooring stone
Cut stones
Cuddapah slabs
Corrugated roofing-Deviations in gauge
Bricks (Wall)
(Terrace)
(Flooring)
Pan tiles
Flat tiles
Mangalore tiles
 Pressed, ornamental tiles etc.
Teak wood
Other classes of wood
Furnishing for doors, windows, etc.
Standardized items of furniture
Paints
Tar
Wood oil
Varnish
Distemper (Brand and number of coats) Steel,
R.S. Beams, etc.
Iron work for Jail Cells-Ventilators, doors, Lock,
boxes, Cage, Latrines, etc.
Cast iron
Lime Mortar
Surki Mortar
Pointing
Terrace work
Deviation, if any and proportions, if
surki mortar required for any stages
Plastering
Concrete broken stone in lime mortar
Concrete broken stone in surki mortar
Reinforced cement concrete
Brick work or masonry joint thickness
Floor surfacing
1. Insert in remarks column where excess earth required for filling is to be obtained from the where excess soil if any is to be carted or con%eved
2. Enter if d eviatio n fr o m s tand ad sp ecificatio n p roced ure and iro n in b rass
3. These will usually be purchased from Jail - Vide current price list for same
4. Enter if thee are to be supplied from the Central Jail and if so where Contractor shall take delivery of same
5. Pointing state if to be done as per "Remarks on Pointing" in Madras Detailed Standard Specification and included in niansonry rite
-

6. Deviation in plastry thickness, if any, State with lime mortar, or surki mortar as Cement mortar and proportions.
 167

CONDITIONS OF CONTRACTS
The person whose tender may he accepted shall, before the
date fixed for commencing the work, if so required sign an agreement
and a bond, of which forms are deposited in the Executive Engineer's
office. and shall pay for all stamps and legal expenses incident thereto,
and he shall deposit in Treasury chalan a sum amounting to (5) five per
cent on the cost of the work Undertaken by him, as security for the due
performance of his contract. Damages payable by the contractor under
the terms of his contract, may be deducted by the Executive Engineer
from, or paid by the sale of a sufficient part of this security, deposit or
from the interest of any such Government of India security, or from any
other sums due, or which may become due to him by the Government.

2. In every case in which under any clause or clauses of this

contract the Contractor shall have rendered himself liable to damages
amounting to the whole of his security deposit, the Executive Engineer
shall have power either to rescind the contract altogether, or to have the
work completed without further notice at the contractors risk or expense,
as he may deem best suited to the interest of the Government and
contractor shall have no claim to compensation for any loss that may
accrue from any materials he may have collected or engagements he
may have entered into, on account of his work and in the latter case the
Executive Engineer shall have power to deduct whatever amount may
be expended on the completion of the work, from any sums that may be
due or become due from the Government to the contractor on account
of this or any other work or recover such sums from him and his assets
movable and immovable under the provisions of the Revenue Recovery
Act for the time being in force as if they were arrears of land revenue or
otherwise as Government may choose. And in case the contract shall
be rescinded under the provisions aforesaid the contractor shall not be
entitled to recover or be paid any sum for any work theretofore actually
performed under this contract unless and until the Executive Engineer
shall have certified the performance of such work and the value thereof,
and he shall only be entitled to be paid the value so certified.

The Executive Engineer shall also have power to measure up the

work of the Contractor, and to take such part thereof as shall be
 168

out of his hands, and to give it to another contractor to

complete, in which case, any expense which may be incurred in excess
of the sum, which would have been paid to the original Contractor, if the
whole work has been executed by him (of the amount of which excess
the certificate in writing of the Divisional Officer shall be final and
exclusively shall be borne and paid by the original contractor, and may
be deducted from any money due to him by Government, under the
Contractor otherwise, or from his Security Deposit, or the proceeds of
sale thereof, or a sufficient part thereof.
3. In the event of the Executive Engineer's putting in force the
power vested in him under the preceding clause, he may, if he so require
it, take possession of all tools, plant, materials and stores or any portion
thereof, on the place where the works were to be performed or on
other land of the Government adjoining thereto, paying or allowing for
the same in account, at the contract rates, or, if not specially provided
for therein at current market rates, otherwise the contractor may be
required to remove such tools, plant and materials or stores from the
premises; and in the event of his failing to do so, the Executive Engineer
may remove them at the contractor's expense or sell them by auction
on account of the contractor.
OR
The Executive Engineer is fully empowered to devote all, or such
portions as may be requisite, if any guarantee or reserve fund or any
moneys due to or become due to the contractor for this or any other
work to making good, bad or indifferent work, on the part of the
contractor, in such manner as he may think desirable.
4. If the contractor shall be hindered in the execution of his work
so as to necessitate and extension of time allowed for its completion, he
shall apply in writing to the Executive Engineer, who shall, if reasonable
grounds be shown, authorise such extension of time, if any, as may, in
his opinion, be necessary, and without such written authority of the
Executive Engineer, the contractor shall not be exempted from the
damages leviable if the work or any part or parts thereof be not completed
within the prescribed time.
 169

The date fixed by the Executive Engineer for the commencement and
completion of the work as entered in this agreement shall be strictly observed by
the Contractor, who shall pay damages at the rate of 1% oftbcestimated value of
the contract for everyday that the work remains un-commenced or unfinished
after the proper date. And further to ensure good progress during the execution
of work, the Contractor shall be bound, unless the contract provides otherwise,
in all cases in which the time allowed for a work exceeds one month, to
complete '/4 of the whole work to be done when /4 of the whole time for it
has elapsed, '/ of the work when 1/2 of the time has elapsed and 3/4 of the
2

work when /4 of the time has elapsed the penalty for failure in either of the
3

cases shall likewise be that the Contractor shall be subject to pay daily damage
at the rate of 1% on the estimated value of the amount of work that should
be completed by that time. Provided always that the entire damages to be
paid under the provisions of the clause, shall not exceed in the whole, the
amount of retention plus the security deposit. All the damages payable under
the provisions of this clause or the clause 12 shall be considered as
liquidated damages to be applied to the use of the Government without
reference to the actual loss sustained owing to the delay.

5. On completion of work, the contractor shall be furnished with a

certificate to that effect by the Executive Engineer but no work shall be
considered as complete until the contractor shall have removed all
scaffolding, surplus materials and rubbish and cleaned offthe dirt from all
wood work, doors, windows, walls, floors or other parts of any building
he may have been employed upon for repairs or other work, nor until the
work shall have been measured by the Executive Engineer whose
measurement shall be binding and conclusive, after the delivery of a notice
in writing to the contractor or his agent forty-eight hours before the time
appointed by the Executive Engineer for measuring the work. If the contractor
shall fail to clear the work as herein provided before completion and
delivery, he shall forfeit all claims to surplus materials and the work shall be
cleared by the Executive Engineer at the expense of the Contractor.
 170

6. No payment shall be made for works estimated to cost not

more than rupees five hundred till all the works have been completed and
approved. l3ut in the case of works estimated to cost more than rupees
five hundred the contractor shall receive a monthly payment to such extent
as the works may be approved and passed under a certificate by the
Executive Engineer. But all such intermediate payments shall be regarded
as payments on account, to be covered by the final bill for the complete
work, and not as payments for work actually done and completed.
The final bill shall be submitted by the contractor within one month of the
completion of the work, otherwise the Executive Engineeris certificate of the
measurement shall be accepted as final and binding on all parties.

7. A bill shall be submitted by the contractor each month for all

work executed in the previous month in accordance with the terms of
the specification, and the Executive Engineer shall take the requisite
measures for having the same tested and the claim as for as admissible,
adjusted, if possible, before the expiry often days from the presentations
of the bill, should the contractor be unable to prepare the bill himself,
the Executive Engineer shall depute a subordinate to measure up the
work performed in the presence of the contractor, whose
countersignature to the measurement list will be a sufficient warrant to
the Executive Engineer to prepare the bill for him from that list.

8. No work will be paid for unless thoroughly good and fully in

accordance with the specification, and should through inadvertence had
work be passed and paid for, it will nevertheless be perfectly competent
for the Executive Engineer to strike the same out of the account at any
future time and recover the value at any date previous to or at the time
of granting the final certificate.
9. The bill above alluded to shall be submitted in exact accordance
with the form supplied by the Executive Engineer, and the rates at which
the value of the work is calculated shall be those entered in the attached
schedule of rates. To allow of a guarantee fund being formed on the
part of the Government, a deduction of 10% from all payments to the
Contractor is to be made by the Executive Engineer at the time of
payment. This guarantee fund can also be in the form of deposits in
 171
condition that it recoveiies are to be made from such retention deposits,
interest lor such recoveries f or the period for which such amount become
doe toGovernment will also be recovered from the deposits. The
contractor should deposit the entire retention money initially in
banks beforc the first running account bill is passed and paid.
Additional retention money on the basis of the revision of
probable amount of contract should also be deposited in banks
befbre the first bill in which such additional claim ill excess o (The
original probable amount of contract is prised and paid. But the amount
so held as retention plus the security deposit of 4% as per clause (1)
shall not at any time exceed 8% of the contract amount subject to the
condition that the maximum amount of retention from bills will be
limited to Rs. 50,000 for works costing upto Rs. 10 lakhs and Rs. l
lakh for works costing more than Rs. 101alchs, if the authority
executing the agreement is satisfied that the amount so retained
shall cover the liabilities of the contractor if any as far as the
works done till then are concerned. The retention amount which is
held as additional security, will be released by the officer competent
to pass the final bill, at his discretion after successful completion of
the work, to the satisfaction of the and finally taken over by the
Departments, retaining only such amount as he may consider
necessary to cover the liabilities, if any, of the Contractor. The
maximum period of retaining the security deposit is six months
from the date of completion of work. The security amount will, if
necessary, be released earlier at the discretion of the Executive
Engineer, concerned provided he is convinced that the amount as per
the final bill will cover all liabilities of the Contractor and records a
certificate to that effect and provided further that the Contractor
has produced the latest clearance certificate of Income-tax and
Agricultural Income-tax and Sales Tax. Till then the responsibility
for the structure will rest with the Contractor.
10. When an estimate provides for the use of any special
description of materials to be supplied from the Executive
Engineer's Stores or if it is required that the contractor shall use
certain stores to be provided by the Executive Engineer, a
memorandum is to be attached showing the
 172

particulars of the stores, the rates at which they will be delivered and the
place of delivery and the contractor should be supplied with materials
as required from time to time, to be used by him only For the purpose
of the contract. All materials supplied to the contractor shall remain the
absolute property of the Government and shall not, on any account, he
removed from the work and shall at all times be open to inspection by
the Executive Engineer. The contractor shall be responsible for the
proper use and bear the cost of protection of materials so made over to
him by the Department for use on the work and bear any loss from
deterioration or from faulty workmanship or avoidable excessive use of
the materials, etc., or from any other causes. Of the materials so supplied
the value of the quantities certified by the officer in charge as having
been actually used on and for the specified and sanctioned requirements
of the work including permissible percentage of wastage, shall be
deducted at the agreed rates of recovery entered in the memorandum
referred to, or, in the absence of such stipulation at the book value or at
current market value, whichever is higher at the time of issue, from bills
submitted by or payable to the contractor from or by the sale of the
security deposit or a sufficient part thereof. Unused balance, if any, at
the time of the completion or determination of the contract will not be
accepted by the Department. The cost of such materials, amounting as
it does to an excess supply over sanctioned requirements, shall be
recovered at book value plus 20% or current market rate whichever is
higher, and in addition, specific penalty rates as may be fixed by the
Chief Engineer in the form of Departmental Circular orders from time to
time shall also be recovered at the discretion of the Executive Engineer.

11. The contractor shall invariably execute all work in the most
substantial and workman-like manner and the materials used shall be of
the best description. The contractor shall also conform minutely to the
drawing and specifications which form the basis of the accepted tender
and other written instructions and drawing, if any, relating to the work
which may from time to time be issued by the Executive Engineer.
12. If it shall appear to the Executive Engineer, or his subordinate
in charge of the work that any work has been executed with unsound,
imperfect or unskillful workmanship, or with materials of an inferior
 173

description, the contractor shall on demand in writing, forthwith rectify,

remove, or reconstruct the same in whole or in part, as the case may
require, at his own proper charge and cost; and in the event of his refusing to
do so within a period to be specified by the Executive Engineer or his
subordinate, orifhe shall fail to remove, from the site of the work within
a specified period, any materials or article which are considered by the
same officer unsound or bad quality, or not agreeable to the terms of the
contract and to provide immediately suitable materials or articles in lieu
of those condemned, then the contractor shall be liable to pay damages
at the rate of one per cent on the amount of the estimate for every day
not exceeding ten days that he fails to comply with written demand of
the Executive Engineer or his subordinate.
13. Should the Executive Engineer, consider that work although
not executed in strict accordance with the specification may be allowed
to stand, he is empowered to pay for the same at such reduced rates as
lie may fix; but this proceeding is quite optional on his part.
14. All works under execution by contract shall at all times be open
to the inspection and supervision of the Executive Engineer and his
assistant, and the Contractor shall always, when he is not himself present,
have a responsible agent present at the work during the usual working
hours, and at all other times, when reasonable notice of the intention of
the Executive Engineer or his Assistant to visit the works shall have
been given, to receive their orders and instruction. Orders given to the
contractor's agent shall be considered to have the same force as if they
had been given to the contractor himself. The appointment of an agent,
and any change of agent shall be forthwith notified by the Contractor to
the Executive Engineer who shall accord his approval in writing without
which the appointment shall not stand.
15. The contractor shall furnish, free of charges, all labour and tools
required for such examination of the work as the Executive Engineer, at
any time considers desirable, failing which he may have these done at
the contractor's cost deducting the charges incurred from his bill.
16. The contractor shall give due notice in writing to the Executive
Engineer or his assistants to measure any work which is going to be
covered up or otherwise placed beyond the reach of measurements, in
order that the correct dimensions may be taken before being so covered
 174

and must have the authority in writing of the Executive Engineer ecourht
assistant to cover it up, in default whereof at the option of the Executive
Engineer, the same shall be uncovered at the contractor's expense or no
allowance shall be made for such work or materials.
17. If the contractor or his work people break, deface, or injure any
part of a building they may be working in or any building, road fence,
enclosure or grass-land or cultivated ground, or if any damage: shall happen
to the work while in progress from any cause whatever or any imperfection
become apparent in it, he shall make the same good at his own expense or in
default the Executive Engineer may cause the same to be made good, and
deduct the expense from any sums that may be then, or at any time
thereafter, due to the Contractor.
18. The contractor shall supply at his own cost all plant, tools,
implements, ladders, cordage, tackle and scaffolding required for the proper
execution of his work together with the carriage fi'r the same to and from the
work. lle shall also supply without charge the requisite agency with the
necessary means to set out works, and to count, weigh, and assist iu the
measurement of his work or materials. He shall also provide all necessary
fencing and lights and take other precautions required to protect the public
from accident and shall he bound to bear the expenses of defence of any
action or law proceedings that may be brought by any persons for iMury
sustained owing to the neglect of the above precautions to and pay any
damages and costs which may he awarded in consequence.
19. No work is to be done on Sundays without the written
permission of thc Executive Engineer.
20. No contract shall he assigned or sublet without the written
approval of the Executive Engineer. Every contractor assigning or
subletting his contract without such approval shall be considered to have thereby
committed a breach of contract and the Executive Engineer may thereupon
rescind the contract, and the security deposit of such contract or shall stand
forfeited and be absolutely at the disposal of the Government, and the contractor
shall have no claim for any compensation for any loss that may accrue from
materials he may have collected, or engagements entered into, nor shall he be
entitled to recover or be paid for any work heretofore actually performed
under the contract.
 175
21. In the case of partners tendering no change in the individual of
the firms shall affect the liability of the persons who may sign such tender.
Any such change shall be forthwith notified by the contractors to the
Executive Engineer for his information. The Contractor shall not without
prior permission of Government alienate the landed property or Bank
Deposit based on which Solvency Certificate was obtained from the
Revenue Department for purpose of Registration as a Contractor and
in the even of doing so, it will be considered as a breach of Contract
and he will be removed from the list of approved Contractor with suitable
penalty to be, decided by the officer-in-charge of the work.
22. If any amount which by virtue of this contract may be due to
the contractor be not claimed for payment within three months from the
date on which it falls due the same will be placed in deposit account and
if the amount so placed remains unclaimed for three years thereafter the
contractor or others to whom it may be legally due will forfeit all the
same which will be finally credited to Government.
23. In case when materials have to be measured and paid for, the
contractor shall be responsible for such materials until they are formally
taken over by the Department or used in works.
24. The terms of the contract cannot be added to, varied or reduced
by any oral agreement previous or subsequent to its signature. Any
such oral agreement will be repudiated by the Department.
25. The Department does not undertake to relieve contractor from
any difficulties or penalties arising from interference with private property
in carrying out this contract.
26. In the event of it being decided by the Division Officer that for
any reason such as non-acquisition of lands and such other contingencies
the work shall not be commenced, shall be suspended or stopped before
completion, the contractor will be paid for work actually done as materials
actually supplied up to date of stoppage but Government will be held in
no way responsible for any further liability.
27. The contractor shall, at the instance of the Engineer or other
Officer in charge of the Division, remove from offthe work any workman,
sub-contractor or employee in his service, who may be objected to for
allY cause. He shall not employ any person previously in the service of
this Department or the Government without definite written sanction.
 176

28. I f the total amount of any bill or works done comes to 50 p.

and above in paise column, the same will be considered as one Rupee
and if it be below 50 p. it will be omitted for purpose of rounding of
payments.
Having made myself thoroughly acquainted with the above
specification and agreement and understanding the temis there of agree
to conform thereto in all points.

Contractor.
Witness. ...........................................................................................
Divisional Officer.
Memorandum of materials to be supplied from the Public
Works Store for the work
Signature of the Executive Engineer
Signature of Contractor

Particulars Rate which the materials will Place of

be charged to the Contractor delivery
Unit Rs. Ps.
 177
KERALA
......................................................... DEPARTMENT
FORM No. 83
NOTICE INVITING TENDERS FOR WORK
Scaled tenders arc invited for the following work:-
Name of work .........................................................................................
Locality ...................................................................................................
2. The items and sub-heads of works to be done arc enumerated
in the subjoined Schedule. Unless otherwise specified the tender must
be for the whole or any individual work and part tenders are liable to
rejection. A contractor may tender for more than one work with the
Earnest Money Deposit specified in each case, but shall not tender for
any part of a work only, unless specifically so required.
3. All works shall ,be done in conformity with the specifications
and conditions of Contractors in force in the P.W.D. In cases of
schedule rate contract tenderers must quote their own rates specifically
for each item, without reference to the departmental estimates or the
current schedule of rates for percentage rate contract only a single
rate as a percentage above or below or at the rate given in the schedule
by a single entry at the bottom of the schedule under the head "quoted
rate" may be made. The rates quoted shall be inclusive ones, covering all
the operations contemplated in the specifications and tender schedules
and all incidental work necessary for such operations such as shoring,
bailing, form work, scaffolding, etc. "The rates quoted shall be
inclusive of Sales Tax".
3A. When tenders are delivered based on Contractors alternate
designs such tenders should be accompanied by a Schedule of
quantities of materials to be used for each item of work with
complete detailed specifications and data. In such cases the benefit of
any savings in the quantities of materials actually used up under each
item of work during execution will accrue to the Department.
4. Tender sealed and endorsed as such with the name of the work
clearly written thereon, should be delivered at the office of the Division
Officer Superintending Engineer ...................................... Chief
Engineer ................ before .......a m /p.m. on or before ........... 20 ...... They
will be opened at the office of delivery on .................... at ........ am/
 178

pm by ................................... or such officer as may be authorised in

this behalf in the presence of such of those tenderers or their authorised
agents as may be present. In case it is not possible to open the tenders on
the specified date due to any valid reason the revised time and date of
opening of tenders will be intimated in writing to the tenders. The total
amount of each tender will be read out, the tender and all correction in the
tender will be attested by the tender opening officer with dates and initials
and by the tenderer, if present. A list of corrections which remain unattested
by the tenderer will be made out and pasted to each tender. Details of
individual rates will be treated as confidential and will not be read out.
Each tender should be accompanied by a receipt for an Earnest Money
Deposit of Rs The Earnest Money may be produced
in one or other of the following forms:

(a) Chalan receipt from a Government Treasury. The Chalan

will be Countersigned by an Authorised Departmental
Officer in the office from where tender form is purchased.
(b) Draft on a scheduled Bank made payable to the officer
who has invited tenders.
(c) Deposit-at-call on a schedule bank assigned in the favour
of the Governor of Kerala.
(d) Cash remittance is not normally accepted. The officer
receiving the tenders may, if he considers necessary relax
this rule and permit cash being received in special cases.
Tenders not accompanied by such deposit, for receipt will not be
considered. Contractors who have deposited permanent earnest money
and have secured exemption from individual payments, need not do this,
except whom special Earnest Money is asked to be deposited.
5. Selected Contractor will be required to produce Income Tax
and Sales Tax Clearance Certificates before final payment is made for
the work, and before security deposits released.
6. The Contractors submitting tender should produce copies of
Solvency Certificates clearly indicating to what extent they are solvent
from the Tahsildar of the Taluk where they reside along with their tenders.
7. Each tenderer must also send a Certificate of Income Tax'
 179
verification from the appropriate Income Tax Authority in the form
prescribed therefor.
In the case of Proprietary or Partnership Finn it will be necessary to
produce the certificate aforementioned for the proprietor or proprietors
and for each of the partners as the case may be.
If a certificate had already been produced by the tenderer during the
calendar year in which the tender is made in respect of a previous tender it
will be sufficient if particulars regarding the previous occasion on which the
certificate was produced are given.
All tenders received without a certificate as aforementioned will be
summarily rejected.
8. The tenderer shall examine closely the Madras Detailed Standard
Specifications, and also the Standard Preliminary Specification contained
therein, and sign the Divisional Office copy of the Madras Detailed
Standard Specification and its addenda volume in token of such study
before submitting his tender unit rates which shall be for finished work in
site. He shall also carefully study the drawings and additional specifications
and all the documents which form part- of the agreement to be entered
into by the accepted tenderer. The Madras Detailed Standard
Specifications and other documents connected with the contract such as
specifications plans, descriptive specification sheet regarding materials,
etc., can be seen at any time during office days in the office of the
Executive Engineer/Assistant Engineer .................... Division/Sub Division.
A copy of the set of contract documents can also be had on payment of
Rs ........................... for each set.
9. The tenderer's attention is directed to the requirements for
materials under the clause "Materials and Workmanship" in the
"Preliminary Specification". Materials conforming to the Indian Standard
Specification shall be used on the work, and the tenderer shall quote his
rate accordingly.
10. Every tenderer is expected, before quoting his rates, to inspect
the site of the proposed work he should also inspect the quarries and
satisfy himself about the quality and availability of materials. The names
of quarries, kilns, etc., wherefrom certain materials are to be obtained
will be given in the Descriptive Specification Sheet. The best class of
 180

materials to be obtained from the quarries or other sources defined shall

be used on the work. In every case, the materials must comply with the
relevant Standard Specification. Samples of materials as called for in the
Standard Specification, or in this tender notice, or as required by the
Executive Engineer in any case, shall be submitted for the Executive
Engineer's approval before the supply to site of work is begun. If the
Contractor, after examination of the source of materials defined in the
Descriptive Specification Sheet, is of opinion that materials complying
with standard or other specifications of the contract cannot be obtained in
quality or sufficient quantity from the source defined in the Descriptive
Specification Sheet, he shall so state clearly in his tender and state where
from he intends to obtain materials, subject to the approval of the Executive
Engineer.

The Government will not, however, after acceptance of a contract

rate pay any extra charges for lead or for any other reason, in case the
Contractor is found later on to have misjudged the materials available.
Attention of the contractor is directed to the Standard "Preliminary
Specification" regarding payment of seigniorage, tolls, etc.
Note: The Department does not undertake to construct or make
-

available any approach road or other means of approach to the

proposed work site and the tenderer shall get acquainted with
the available means of approaches to the proposed site and quote
for the various items. The department shall not be liable for any
claim raised later, on the plea of non availability or non access to
the site.
11. The tenderer's particular attention is drawn to the sections and
clauses in the "Standard Preliminary Specification" dealing with—
(1) Test, inspection and rejection of defective materials and work.
(2) C a r r i a g e .
(3) Construction plant.
(4) Water and lighting.
(5) Cleaning up during progress and for delivery
(6) A c c i d e n t s .
(7) D e l a y s .
(8) Particulars of payment.
The contractor should closely peruse all the specification clauses
 181

which govern the rates which he is tendering.

12. In consideration of the tenderer being allowed to quote for the
work, he should keep the tender firm for a period of ......................
months from the date of opening the tender during which period or till the
tenders are decided whichever is earlier, he will not be free to withdraw
the tender. Any such withdrawal will entail forfeiture of the Earnest Money
Deposited for the work.
Due to Departmental or Administrative reasons it is found necessary
to keep tender open for a further period, prior consent of the tenderer
shall be obtained in writing for every further period of one month.
13. Before commencing work or within a week after the date when
the acceptance of tender has been intimated to him, the tenderer shall
deposit a sum sufficient to make at the balance of 4 per cent of the
probable value of contract which together with the amount of Earnest
Money Deposited shall be treated as security for the proper fulfilment of
the same and shall execute an agreement for the work in the P.W. Schedule
Form. If he fails to do this or in the case of P.W. Contracts, maintain a
specified rate of progress (to be specified in each case in the Tender
Schedule) the Earnest Money and Security Deposit shall be forfeited to
Government and fresh tenders shall be called for, or the matter otherwise
disposed off. If as a result of such measures due to the default of the
tenderer to pay the requisite deposit, sign contracts or take possession of
the work, any loss to Government results, the same will be recovered
from him as arrears of Revenue but should it be a saving to Government,
the Original Contractor shall have no claim whatever to the difference.
Recoveries on this or any other account will be made from the sum that
may be due to the contractor on this or any other subsisting contracts or
under the Revenue Recovery Act, or otherwise as the Government may
decide.

Note:—If the amount of contract does not exceed Rs. 5 lakhs the amount
of security will be 4 percent. If the amount of contract exceeds
Rs. 5 lakhs the amount of security will be 2 percent, subject to a
minimum of Rs. 20,000.
14. The acceptance of the tender rests with the, ....................
who does not undertake to accept the lowest or any particular tender.
15. The right to carry out the work either in conformity with or in a
 182

manner entirely different from the terms of this invitation, that may be
considered most suitable before or subsequent to the receipt of tenders
due to exigencies of work, is reserved with the Department.
16. Drawings, schedule of quantities specifications of work to be
done and conditions of contract to be entered into can be seen at the
office of the undersigned and/or of the ........................................... Engineer
on any working day during office hours, or purchased form the Executive
Engineer's Office ........................................... on payment of a cost of
Rs ...............................per set. It shall be definitely understood that the
Government does not accept any responsibility for the correctness or
cofnpleteness of the schedule, that the schedule is liable to alternation by
omissions, deductions, or additions at the discretion of the Competent
Departmental Officer or as set forth in the conditions of contract. The
tenderer will however base this tender amount in the case of lump sum
tender, on the basis of those quantities, etc.
17. Printed Departmental Forms of tender and general specifications
can be obtained from the office of the undersigned at a cost of
Rs ....................... each. Tenders not
submitted in such printed forms, or submitted incomplete in any respect
whatever such as unattested errors and corrections in rates, quantities,
units or amounts (figures not expressed in words) totals of contract not
entered, etc., shall be liable to summary rejection.
18. The Earnest Money Deposit of the unsuccessful tenderer will
be refunded immediately after tabulating the tenders keeping only the
earnest money of the first 3 lowest tenders.
• The Earnest Money Deposit of the remaining unsuccessful
tenders will also be refunded within a week from the date of acceptance
of the tender.
19. Solicitor's fee if any should be paid to the Law Officers of
Government for scrutinising or drawing up of agreements, will be paid
and recovered from the successful tenderer.
20. Tenderers must also state in their tenders if they are prepared to
carry out at their tendered rates such portion or portions of the work as
may finally be allotted to them by the officer deciding tenders.
21. Any further information necessary can be obtained at the office
of the undersigned on all working days during office hours.
22. The work should be completed in all respects in ........................
 183
months from the date of the order to start work is issued and in any case
not later than ................................. 20........
23. Payment on lump sum basis or by final measurement at
unit prices.— (a) Final measurements need not be taken unless either
the contractor or the Executive Engineer claims extras to, or deductions
from, the quantities of Schedule A.
(b) In case final measurements arc claimed, they shall be taken
only for those items for which either the contractor, or the Executive
Engineer claims final measurements and the quantities of the remaining
items in Schedule A shall be accepted as correct. The lump sum amount
mentioned in the agreement will then be varied by addition thereto or
deducting there from as the case may be the difference (if any), between
the amounts mentioned in Schedule A for such items and the amounts
arrived at by calculation at contract rates based on the revised quantities
for the same, obtained by the final measurements aforesaid.

(bb) When payments on earth work exceeding 300m3 are made

based on tape measurements, the Contractor shall give a declaration in
writing to the effect that he agrees for the recovery of the over payments
if any from the next bill.
(c) Items of work not expressly or impliedly described in the
Schedule, Plans or Specifications will be treated as "extra". They will
include only items of works which though highly necessary for the proper
execution of the work and for its completion, were not provided for in the
Original Contract.
1. The execution of an extra item of work and payment therefore
will be based on the following conditions:-
(i) There shall be an order in writing to execute the extra
item of work duly signed by an Engineer not below the rank of an Assistant
Engineer, before its commencement.
(ii) If the Contractor finds, after examining the
specifications and plans that extras are involved, he should give notice to
the Engineer to this effect and shall proceed with the execution of the
extra item, only after receiving instructions in writing from the Engineer.
2. Extra items may be classified as additional, substitute d or
altered items, depending on their relation or otherwise to the original item
or items of work.
 184
3. The rates for extra items shall he worked out as below:-
(i) In the case of all extra items whether additional altered
or substituted, if accepted rates for identical items arc provided for in the
contract, such rates shall he applicable.
(ii) In the case of extra items whether altered or substituted,
for which similar items exist in the contract, the rates shall be derived
from the original by appropriate adjustment of cost of affected components.
The percentage excess or deduction of the contract rate for the original
item with reference to the departmental estimated rates shall be applied
to deriving the rate for such items.
(iii) In the case of extra items, whether altered or substituted
and for which similar items do not exist in the contract and rates exist in
the Schedule of rates, the rate shall he arrived at on the basis of the
departmental data rates current at the time or ordering the extra item,
after applying the tender deduction except on cost of departmental material
tender excess if any, will not he applied.

(iv) In the case of additional items, the rates shall be arrived at

on the basis of the departmental data rates current at the time of ordering
the extra item or the date of commencement of the extra item, whichever
is earlier, after applying the tender deduction except on the cost of
Departmental material. Tender excess, if any, will not be applied.
(v) In the case of extra items, whether additional, altered or
substituted, for which the rates cannot be derived from similar items in
the contract, and only part ly from the departmental Schedule of rates, the
rates for such part or parts of items as are not covered in the Schedule of
rates shall be determined by the Engineer on the basis of the prevailing
market rates giving due consideration to the analysis of the rates furnished
by the Contractor with supporting documents, including Contractors Profit.
This shall be added on the departmental rate (including Contractor's profit)
current at the time of ordering or executing the extra item, whichever is
earlier for the other parts of the item, for which rates can be derived from
the Schedule of rates.

(vi) In the case of extra items whether additional, altered or

substituted, for which the rates cannot be derived either from similar item
of work in the Contract or from departmental schedule of rates, the
Contractor shall within 14 days of the receipt of the order to carry out the
said extra item of work communicate to the Engineer the rates which he
 185
proposes to claim for the items supported by analysis of the rate claimed
and the department shall within one month thereafter be determine the
rate on the basis of the market rate giving due consideration to the rate
claimed by the Contractor.
(vii) In the case of percentage rate Contract, the rate for extra
item shall be arrived at by applying the percentage excess or deduction to
the departmental data rate as per the original Schedule on which the
tenders were invited.
4. Whenever the term "Departmental Data Rates" appears, it
shall mean the rate derived from the Departmental Schedule of rates and
shall include conveyance charges and Contractor's profit.
(d) Payment for additions and deductions for omissions.
No authorised variation shall vitiate the contract, but additions and
omissions shall be measured up and dealt with in accordance with Clause
23 (b).
(e) No payment for unsanctioned extras.— It shall be distinctly
understood that no payment whatever will be made to contractor for
variations by way of extras, in cases where such variations have been
made without the written sanction of the Executive Engineer.
(f) In cases in which the Contractor has executed extra items
not contemplated in the agreement but the rates of which require sanction
of higher authorities, the Division Officer may, in such cases, sanction
advance up to an amount not exceeding 75% of the amount for the items
at the rate worked out and certified by the Sub division Officer. The
Junior Engineer shall in all such cases promptly record all authorised extra
items executed by the Contractor including detailed measurements and
quantities thereof in the Measurement Book. He shall neither enter any
rate for the same in the Measurement Book nor include such extra items
in the body of the bill when the bill is received in the sub-division, the Sub-
division Officer shall prepare a separate statement for those extra items
showing the items executed, quantity of each item, rate for each item
worked out by him based on agreement conditions and amount for each
item on the basis of the rate worked out by him. He shall also furnish a
certificate to the effect that he has personally examined all the extra
items and they are bona fide, the amount payable for these items will not
be less than Rs ....................... (amount to be specified) and that there is
no objection in paying 75% of this amount as a secured advance. On
 186

receipt of the bill with the above statement and certificate, the Division
Officer may make payment not exceeding the amount recommended by
the Sub-division Meer as a lump sum secured for works done but not
billed for.
24. Arbitration.— In case of any dispute or difference betwee n
the parties to the contract either during the progress or after the completion
of the works or after the determination, abandonment, or breach of the
contract, as to the interpretation of the contract, or as to any matter or
thing arising there under except as to the matters left to the sole discretion
of the Executive Engineer under Clauses 20, 27 (c), 29, 36, 37 and 40 of
the Preliminary Specification, or as to the withholding by the Executive
Engineer of payment of any bill to which the contractor may claim to be
entitled, then either party shall forthwith give to the other notice of such
dispute or difference, and such dispute or difference shall be and is hereby
referred to the arbitration of the Government Arbitrator appointed in G.O.
(Ms) No. 78/70/PW dated 12-5-1970 mentioned in the "Articles of
Agreement" (hereinafter called the "Arbitrator") and the award of
such Arbitrator shall be final and binding on the parties.
25. The contractor shall not without the previous sanction in writing
of the authority accepting the tender, execute any power of attorney in
respect of any matter, touching this contract, and any such power of
attorney executed without such sanction shall not be recognized by or be
binding upon Government or their officers. It shall be entirely within the
discretion of the authority accepting the tender either to grant such sanction
or to refuse it or revoke a sanction once given.

26. No part of the contract shall be sublet without written permission

of the Executive Engineer nor shall transfer be made by power of attorney
authorizing others to receive payment on the Contractor's behalf.
27. The Executive Engineer or other sanctioning authority reserves
the right to reject any tender or all the tenders without assigning any
reason therefore.
28. Cement and M.S. Rods required for the work will be supplied
departmentally from the District Stores and their value recovered at
Rsper bag of 50KG of cement and Rs ..................................................per/
Kg.of M.S. Rods. CeMent and rods as well as other materials so issued
 187

shall remain the property of Government though in Contractors custody

and shall not be removed from the stores at work site except under written
authorization by a Competent Authority not less than the rank of a Junior
Engineer. In the case of M.S. Rods the maximum wastage up to but not
necessarily 5% may be allowed at the discretion of the Executive Engineer
in charge of the work and the recovery will be made at rates specified
above.
29. Any other materials available in Departmental Stores if issued
to the Contractor will be recorded at book value or issue rate plus 20%
Supervision Charges or Market Value or Data Rate whichever is higher.
The fixing of market rate will be governed as per Clause 33.
30. Value of quantities of departmental materials issued for the work
unaccounted for by the Contractor will be recovered from him at book
value plus 20 percent thereof towards Supervision Charges plus Storage
Charges, if any, or at the current market value whichever is higher, with
Sales Tax. Market value will be the retail selling price of the material in
the locality for the work of the nearest market town current on the date
of issue or recovery whichever is more. The Executive Engineer shall
obtain this information and record it for reference within seven days of
such issue sending a copy to the Contractor. The decision of the Chief
Engineer regarding current market rates shall be final and binding on the
Contractor.

31. In making payment the total amount of the bill will be rounded
off correct to the nearest rupee if the amount is above Rs. 25 and to the
nearest paise if the amount is below Rs. 25.
32. (a) When Power Rollers (which term includes Steam and Diesel
Rollers), are hired out to Contractors, hire charges for the Rollers (which
include cost of lubricating oils, grease, small stores and establishment
charges, but exclude cost of fuel), shall be recovered at the rate of Rs.
105 per day of eight hours for the full period the roller is hired out to the
contractor, including non-working days, except for authenticated periods
of breakdown of the roller for the full working hours of a day, that is 8
hours from 8 a.m., to 5p.m. (including one hour's interval for lunch) and
for Sundays and other Public Holidays, if there is no work on these days.

The daily rate of hire fixed by the Chief Engineer shall be for a day
 188
of S hours or part thereof, between 8 a.m. and 5p.m. with one hour's
interval for lunch.
(b) If there is work on Sundays and other Public Holidays, the
hire charges for the Rollers, shall be recovered at the rate of 1:20 times
the rate for normal working days.
(c) When Power Rollers are worked on any day in excess of
eight hours (that is outside the normal working day between 8 a.m. and 5
p.m.) hire at the rate of 1:20 times the hourly rate applicable for that day
(based on the rate for 8 hours) shall be levied for every extra hour or part
thereof.
(d) The average out-turn expected from a Power Roller for a
day of 8 hours shall be fixed by the Chief Engineer (Buildings & Roads)
for the various items of road work. A variation of plus or minus 12'/2%
may be allowed to this average. If the daily out-turn from the Roller falls
outside the permissible variations, the Contractor shall be charged at one
and a half times the rate of normal hire for the day, specified for the
Roller concerned.
However, this Clause shall not be applicable in cases where the
variation is due to authenticated periods of breakdown of the Roller or
increment weather.
32A. In addition to the hire charges, necessary water, split
firewood, diesel oil (fuel oil) or powering, as the case may be, required for
the efficient working of the Power Roller, shall be supplied by the Contractor
at his cost.
33. Value of quantities of the departmental materials issued for the
work either allowed to deteriorate or unaccounted for, amounting as it
does to an excess supply over the sanction requirements, shall be recovered
at book value or issue rate plus 20% supervision charges or market rates
whichever is higher with Sales Tax and in addition, specific penalty rate
stipulated by the Department. Market value will be the retail selling price
of the materials in the locality of the work or the nearest market town
current on the days of issue, or recovery which is more. The Executive
Engineer shall obtain the information and record within 7 day of such
issue, sending a copy to the Contractor. The decision of the Chief Engineer
regarding the current market rates shall be binding on the contractor.
 189
34. Tcnderers should declare that they are not related to any
Government Servant, who is in charge or having control of the work.
Relationship in this will be restricted to father, mother, son, daughter, brother, sister,
direct uncle, nephew, father-in-law, brother-in-law, mother-in-law, sister -law
and first cousin of the Officer concerned. If the above scottiedri-tion is
found to have been contravened,when they tender the Earnest Money/Security
Deposit of the tenderer/tender will be forfeited and the contract entered into
will stand cancelled.
35. The Contractor will provide his own tools and plant, store sheds
to store his own materials as well as those supplied by the Department and
will be entirely responsible for proper use and safe custody of the latter and
also for any loss, damage, theft, mishandling, weathering or any cause
whatsoever.
36. In case of Schedule Rate Contract, If different rates are quoted
for the same specification of work under identical working condition at the
same site/indifferent appendices of the Schedule, the lowest quoted rate will
be accepted for the items in all the appendices.
37. The Contractor shall be responsible for the safety of the labour
employed by him and he shall be liable to pay the necessary compensation in
case of accidents, as per the Workmen's Compensation Act.
The Contractor will also be liable to abide by theTair wage clause
condition attached separately.
38. Empty bags, of cement used on the work need not be returned
to the Departmental Stores. Value of empty cement bags will be recovered at
rates fixed by the Department from time to time.
39. If the Department undertakes to supply particular materials no
claim for extra payment on account of delay in the supply of these materials will
be entertained.
40. In the case of construction of staining to wells, excessive tilts of
any occurring to the extent which is more than the percentage allowed as per
rules will have to be rectified by the Contractor at his own cost and if the
Contractor fails to attend to the same it will be got attended to by other
agency and the cost thereof recovered from the original Contractor.
41. The Contractor shall produce proof of possession of valid license
under the current explosive rules in case an item in the nature of rock
 190

43.Tenders which are not in conformity with this tender notice are liable
to rejection.
44. This tender notice with the conditions stated herein will form
part of the Contract documents.
45.In the case of schedule contracts when the rates quoted for a
particular item in figures and words disagree, the rates quoted in words
will be taken for the purpose of the settlement of the contract. The
contractor is bound to accept these rates if the contract is awarded to
him. Similarly in the case of percentage rate contract when the overall
percentage rates quoted in figures and words disagree, the rates noted in
words will be taken for the purpose of the settlement of the contract. The
contractor is bound to accept these rates if the contract is awarded to
him.
 191

46. The entries in the tender schedule issued by the department is in no

way to be corrected by the tenderers and if the tenderers have to note any thing,
they should note the same as a foot note in the bottom of the page. If any
correction is made by the tenderers in the tender schedule the tenders are
likely to be rejected.
47. In case of the percentage rate contract, the overall percentage rate
quoted by the Contractor shall not be varied on any account whatever and it shall
hold good for all items done irrespective of variations in quantities.
48. The quantities provided for in the Schedule may vary widely and the
contractor should be prepared to do any excess over the schedule quantities
at his quoted rates for the works.
........................... Engineer or
Division / Sub-division Officer,
For and on behalf of the Governor of Kerala.
 1
-

192
KERALA PUBLIC WORKS DEPARTMENT

Specifications
PART I - GENERAL
The rates tendered by a Contractor for the work shall include the
cost of —
(a) All labour and supervision thereof, all materials, tools,
implements and plant of every description, ladders, cordage, tackle, etc.,
as well as the provision of safe and substantial scaffolding required for
the proper execution of the work in conformity with the specification for
the various items of work;
(b) supplying the requisite agency with necessary equipments,
to set out the work as well as to afford facilities for such examination of
the work as the Departmental Officers may, at any time consider desirable,
as also to count, weigh and assist in the measurement, or check
measurement of the work or materials;
(c) Providing and maintaining all temporary fences, shelters,
lights, watchmen and danger signals and such other precautions as are
necessary, for the protection of the work or materials, as well as to protect
the public and those connected with the work from accidents at the site
of, or on account of the work;
(d) All sheds, mortar mills and mixing platform of every kind
required for the proper execution of the work according to the specification;
(e) All fees royalties of materials; and
(f) Finally clearing away of all rubbish, surplus materials, plant
etc., on completion of the work and dressing and levelling off and restoring
the site to a tidy condition, prior to handing over the work to the Division
Officer or his authorised assistant and also its maintenance until so taken
over.
2. In the case of supplies of materials such rubble, broken stones,
gravel, sand, etc., which may have to be measured prior to being used on
the work the Contractor must always stack or arrange them neatly on
level ground or on ground cleared and levelled by him for the purpose in
such manner as may be ordered by the Officer-in-charge so that they
may be easily susceptible of inspection and measurement, the cost of
such clearing, levelling and stacking or arranging being included in the
 193
rates for work. Each stack must be straight and of uniform section
throughout and of the dimensions specified by Officer-in-charge.
Materials not stacked arranged in accordance with instructions issued
will not be measured and paid for.
3. The Contractor shall be bound to bear the expense of defence
of any action or law proceedings that may be brought by person for any
injury sustained owing to neglect of above precautions in connection with
the execution of the work, and to pay any damages and cost which may
be awarded in consequence.
4. The Contractor shall also help himself out of any difficulties of
penalties arising from interference with private property in the execution
of the contract.
5. The tenderer should state whether he has all the plant necessary
for the execution of the work. If, in the opinion of the Division Officer,
Contractor's own plant is neither sufficient not suitable for the proper
execution of the work, the Department may supply other available plant
and recover reasonable hire for the same. The Division Officer's decision
in the matter shall be final and binding on the Contractor.
6. The Contractor shall bear the running expenses inclusive of pay
of the departmental staff attached to such plant and cost of repairs of all
Government plant while in his possession on hire as also the cost of restoring
the same in good condition at the time of return, due allowance being
made for fair wear and tear.
7. All materials and plant that arc to be made over to the Contractor
by the Department shall be handed over to him at the Division Office or
Store Yards at Division Headquarters or the P.W.D. District Stores and
the charges, for their handling, loading and unloading and conveyance to
-any fro for the respective work as also for stacking the materials neatly
and in regular heaps on the ground or sheds to which they are brought
shall be deemed to be included in the rates for the work.
8. Unless otherwise specifically, provided for in the contract, the
Contractor shall at his own cost keep all portions of the work free from
water whether due to springs, soakage or inclement weather and in a
neat and sanitary condition and shall also see that drainage and sewage
are prevented from entering the site of work or accumulating therein.
 194

9. The Contractor shall be responsible for the proper use and bear
the cost of protection of materials made over to him by the Department
for use on the work and bear any loss from deterioration or from faulty
workmanship or any other cause. The cost of materials thus allowed to
deteriorate amounting as it does to an excess issue over sanctioned
quantities, will be recovered at rate 20 per cent over the actual cost. The
orders of the Division Officer in the matter should be final and binding on
the Contractor.
10. The Contractor shall be responsible to see that the level or other
pegs, profiles, bench marks, masonry pillars or other marks set up by the
Department for guidance in the execution of the work are not disturbed,
removed or destroyed. If any such marks are in the opinion of the Division
Officer found disturbed, removed or destroyed, they will be replaced by
the Department at the cost of the Contractor.
11. Any materials brought to the site of work, or any work done by
the Contractor but rejected by the Officer-in-charge as being not up to
the specifications shall in the case of materials supplied be then and there
removed from or broken up at the site of work, and in the case of work
done be dismantled or rectified at the expense of the Contractor as may
be ordered by the Officer-in-charge.
12. In all cases whether so specified in the contract or not the work
shall be executed in strict accordance with the Contractor's accepted
tender and these specifications and with such further drawings and
specifications and orders as may from time to time be issued by the Division
Officer.
*13. Whenever the Contractor is ordered by the Division Officer or
his authorised assistant or subordinate to execute any item or work which
is not in the tender, it shall be the Contractor's duty to get a special price.
arranged for the item and to see that it is written in the work spot order
book (which shall be provided by the Division Officer and kept in the
work by the subordinate in charge and that this order is initialled and
dated by the Contractor and the Officer ordering that particular item of
work. For any extra item executed by the Contractor and not so entered
in the work spot order book and initialled both by the Contractor and the
Departmental Office ordering such extra item that Contractor shall have
no claim for extra payment.
14. Any dispute or difference that may arise between the Division
officer and the Contractor on account of the Contract, shall at the instance
 195

of either party be referred to the Government Arbitrator for dealing with

arbitration cases whose decision given in writing shall be final, conclusive
and binding. The Division Officer may at his discretion delegate in writing,
to any of his subordinates any of his powers regarding these specifications.

Specifications
PART II - MATERIALS
PART III-WORK
(As current in the Kerala Public Works Department)
Signature of tenderer .......................................
Date ..............................

KERALA ..........................................................DEPARTMENT

Chief Engineer.
(Sd.)
FORM OF TENDER
Name of work ....................................................................
To
The Governor of the State of ......................................................
(hereinafter referred to as Government)
Sir,
I/We do hereby tender to execute the works enumerated in the
Schedule accompanying in accordance with the terms in your tender
notification dated ............................................... and specifications and
conditions of contract in force in Kerala P.W.D ..
2. Copy of the specifications duly signed is also enclosed.
3. I/We further agree to complete the whole work in .............
weeks/ months from date of receipt of order to start work, and/or in the
case of place-works, maintain the minimum rate of progress specified in
the Tender Schedule.
4. I/We do/do not agree to accept and carry out such portions of
the work included in my/our tender as may be allotted to me / us if the
work be not given to me/us.
 196

5. In consideration of I/We being registered as a Contractor in the

Kerala P.W.D. and invited to tender. 1/We agree to keep the tender open
f o r a c c e p t an c e days from the due date of submission
thereof and not to make any modifications in its terms and conditions
which are not acceptable to Government.
A sum of Rs. ........................ is hereby forwarded in cash I
treasury chalan / deposit at ............ receipt of a scheduled bank as
Earnest Money. It I/We fail to keep the tender open as aforesaid or make
any modifications in the terms and conditions of the tender which are not
acceptable to Government.
OR
If after the tender is accepted. I/We fail to execute the agreement as
provided in clause 13 of Tender Notification or to commence the execution
of the works as provided in the conditions. I / We agree that the
Government shall, without prejudice to any other right to remedy, be at
liberty to forfeit the said Earnest Money absolutely.
Ace.— (i) Tender Schedule
(ii) Earnest Money Rs. /in
(iii) Signed copy of Specification
(iv) Signed copy of plan
Usual signature of tenderer .................................
Full Name ..................................................................
Nationality .................................................................
Place of residence ................................................
Date of submission ...................................
 TENDER SCHEDULE
N.B:- (1) All rates to be inclusive. (2) Rates to be entered in words in remarks column. (3) The amount of tender
should be filled up and totalled by sub-heads by the tenderer excepting for items for which definite quntities
are not given in the schedule.

Approximate quantities

Remarks (here enter rate

Amount
Tendered inclusive

in words)
Name ofAppendix

rate per Unit

Estimate Item No.

Quantity

2!ufl
Description of items of work
Rs. Ps.

Rs. Ps.
1 2 3 4 5 6 7 8

Grand Total

Name of tenderer ...............................................

Address ......................................................
Date ..................................................
Signature of Tenderer
 198

APPENDIX II
Instructions for the Execution of Emergency Works for
Irrigation, Flood Relief, Drought Relief, etc.
(Note under paragraph 162)
In an emergency such as flood, drought, etc., timely action will obviate
or minimise losses and suffering. Except as provided in paragraph 162 of
this Code there is no provision to take up any work without proper sanction.
In an emergency if sanction is awaited from higher authorities there may
be delay. With a view to obviate such delays the following instructions
are issued for the speedy execution of these emergency works.
All Executive Engineers and Assistant Engineers of Irrigation Branch
of the P.W.D. and of the Panchayat Department will be Emergency
Officers. On receipt of information regarding a breach or a flood or a
case of acute drought the officer concerned should immediately proceed
to the spot or depute his assistant to go to the spot. He should gauge the
danger or damage, find out if any precautionary or other emergency works
are to be done and if so arrange for the works. If the ordering of such
works does not fall within his power he should still start the works in
anticipation of approval; but simultaneously send intimation to the superior
officer concerned. The latter on receipt of such advice should immediately
take steps to regularise the works taken up in anticipation of his approval.
Under section 27 of the Travancore-Cochin Irrigation Act an Irrigation
Officer has powers to enter upon private property for purpose of executing
emergent works of repair, etc. Under section 17 of the Malabar Irrigation
Act any officer of the Revenue Department not below the rank of the
Revenue Inspector or P.W.D. not below the rank of a Supervisor may in
case of any damage to an irrigation work due to accident or otherwise or
in case of apprehended danger to any such work, enter upon and land
adjacent to such work and execute works necessary for the purpose of
repairing such damage or the prevention of damages to the irrigation work.
The above powers are exercisable only in respect of works which come
under the category of irrigation works under the Irrigation Act. In regard
to other categories of work, the officers will have to get the permission of
the owners to enter upon private property.
For carrying out such emergency works the officer on the spot will
have the powers of sanction, etc., of the officer just superior to him by
one rank-that is to say, an Assistant Engineer will have Executive
Engineer's powers and the Executive Engineer will have a Superintending
 199

Engineer's powers. When the latter officer receives information and

takes over the responsibility for the works the enhanced powers of his
junior will automatically cease. Whenever an officer proposes to exercise
such enhanced powers he should also intimate the Comptroller. The
emergency powers of sanction to be vested with the officers included
both powers of administrative sanction and technical sanction. The
exercise of emergency powers will be subjected to the following safeguards
and conditions.
(a) Whenever powers of the superior officers are assumed under
the above proposed delegation it would be desirable that the concerned
superior officer scrutinises the works expenditure and ratifies the action
taken by the subordinate officer.
(b) When technical estimate is not sanctioned by the competent
authority before completion of the work a duly sanctioned estimate
prepared according to the schedule of rates together with a completion
report for the final expenditure must also be forwarded to audit for final
admission.
(c) The intimation to the Comptroller must be within a week from
the date from which expenditure is first authorised and should further
contain the following information:
(i) The approximate expenditure proposed to be incurred.
(ii) The date by which the expenditure will be closed.
(iii) Whether a duly sanctioned technical estimate could not be
prepared before the completion of the work; and
(iv) I f not wh y?
(v) A certificate from the Chief Engineer that the work was so
urgent that the administrative and technical sanction by the
authorities competent normally could not be obtained before
starting the work and that the total expenditure as finally
incurred is within the schedule of rates.
(d) The actual expenditure that may be incurred before getting
necessary sanction (both technical and administrative) from the officers
competent to accord sanction normally should be limited to their existing
limits. They should proceed further only after obtaining sanction from the
competent authorities.
(e) When the emergency is over the officer should write a self
contained report explaining the whole thing and indicating the steps to be
taken if any to avoid a recurrence of the danger in future.
 200

APPENDIX III
Model agreement form for Hiring Government Tools & Plants
[Vide Paragraph 316 (6) of The Kerala Public Works Department
Code]
ARTICLES of agreement entered into this day of.......................
BETWEEN the ....................................acting for and on behalf of the
Government of Kerala (hereinafter referred to "the Government") of the
one part and (hereinafter referred to as
"the hirer") of the other part for the hire of tools and plant from the
Kerala Public Works Department.
WHEREAS the hirer as applied to the Government for the hire of
tools and plant or machinery specified in the schedule hereto annexed.
AND WHEREAS the hirer has agreed to the rules and conditions
laid down by the Government vide G.P. Order R. Dis 1100954/PWC.,
dated 22nd June 1955 for the hire of tools and plant or machinery owned
by them, thereto annexed and forming part of the agreement and further
agreed to the condition not to sublet the plant or to employ the same for
purposes other than that specified in the application, viz., pumping out
water from 33 and odd acres.
AND WHEREAS the hirer has in accordance with clause 3 of the
said conditions and rules arrears in advance /arrears agreed
to remit the hire charge payable under these rules and conditions monthly
in advance.
AND WHEREAS the hirer in accordance with clause 4 of the said
conditions and rules deposited an amount of Rs ............................ (Rupees
...........................................) equivalent to the full market value or the
full original cost of tools and plant.
AND WHEREAS the hirer, in addition to the rent and / or deposits
payable under these rules, has agreed to bear all the transit and incidental
charges in connection with the despatch of the tools and plant or machinery
hired by him from the Stores and return thereto and the cost of replacing
missing or broken parts or repairs necessitated by any definite or specific
damages and maintenance, running and handling charges during the period
the plant or machinery or tools remain in his custody.
 201

NOW THESE PRESENT WITNESS it is hereby mutually agreed

as follows.
( 1) The hirer shall be held responsible for the safe up-keep of the
tools and machinery or plants belonging to the Government and shall agree
to return the same in satisfactory condition at the termination of the period
for which they are hired.
(2) The hirer shall agree to all conditions and rules laid down by
Government for hire of their tools and plants, machinery, etc., referred to
above and hereto annexed and shall further agree to such other conditions
or rules that may be reasonably laid down subsequent to entering into this
contract.
(3) The hirer shall always have no objection whatsoever to the plant,
machinery or tools being inspected by the authorised officers of
Government at any time they are in his possession and shall agree to
carry out the orders or instructions that may be issued from time to time
during such inspection in respect of the upkeep, maintenance, housing or
running of the machinery, tools and plant.
(4) The hirer shall further agree to notify the officers immediately
when any damages are caused or parts become missing or such other
information concerning the properties of the Government hired by him
and he shall at his own cost rectify the defects or replace the missing or
damaged parts to the entire satisfaction of the officer entering into this
contract within a specified time. He shall not use the plant or machinery
unless and until the defects are rectified or parts replaced or before receipt
of orders of the officer.
(5) The officer empowered to hire out shall on the plant, machinery
or tools hired by the hirer being returned in satisfactory condition at their
stores on the expiry of the period of hire release the security deposited by
the hirer or any sum due to the hirer under this contract subject nevertheless
to any reservation and deductions therefrom which may be lawfully made
under the terms of this contract.
(6) All intimation notices or orders for time or for extra varied or
altered conditions which are to be the subject of an extra or varied charges
shall be in writing and unless in writing shall not be valid or binding or be
of any effect whatsoever.
 202

(7) the Government agree to bear Stamp Duty payable on this

agreement.
(8) The term "contract" shall include THESE PRESENTS, the rules and
conditions laid down by Government for hire of the tools and plant or
machinery, the schedule, the hirer's requisition in original hereto annexed.
IN WITNESS WHEREOF THE PARRIES TO THESE PRESENTS
have set their hands and seals the day and the year first above written.
SIGNED, SEALED AND DELIVERED BY the above said.
Signature,
Superintendent and C.B.I.
acting for on behalf of the Government of Kerala
in the presence of ...................................................................
WITNESS:
(1) ...........................................................................................
(2) ...........................................................................................

SIGNED, SEALED AND DELIVERED BY THE

above hirer in the presence of ...................................................

Signature.
WITNESS:
(1)
(2)
 Serial No.

Description of machin-
ery, plantor tools let on
hire
Manufacture's
name

Date of purchase

Book value

Classification as per
rules.

Details of security
deposited

Period of hire

Calcualted rate of
Signature of hirer

hire per mensem

Amount towards
hire

Date on which re-

turnable

Remarks
 204

APPENDIX III A
Rate of Hire Charges for Departmental Vehicles
(ride Paragraph 316 (3,1) of The Kerala Public Works Department Codel
SI. Description Rate in 1\1 1)etention 1)ciclition
No. of the Vehicle Kilo charges charges charges
metres per day perday (luring
replacement
(1) (2) (3) (`l) (5) (6)
Rs. Rs. Rs. Its
1. Station Wagon 0.50 40.00 20,00 10.00
2. PickupVan 0.46 20.00 10.00 10.00
3. Heavy Trucks over 14500 lbs 1.57 100.00 50.00 25.00
4. Lorries less than 14500 lbs 1.19 75.00 40.00 20.00
capacity but over 4 tons
5. 20 tons Tractor 1.26 50.00 25.00 15.00
6. J e e p s 0.32 30.00 I5.00 10.00
7. Water & Oil Tankers 0.60 50.00 25.00 15.00
8. Trailers upto 5 tons 0.63 40.00 20.00 10.00
9. Trailers from 5 tons to 10 tons 0.69 50.00 25.00 15.00
10. Trailer over 10 tons 0.79 60.00 30.00 15.00
11. Water Carts 0.32 20.00 10.00 15.00
12. Lorries upto 3 tons 0.88 60.00 30.00 15.00
13. Lorries over 3 tons & 1.19 75.00 40.00 20.00
upto 7 tons
14. 50 tons Tractor 4.38 150.00 80.00 40.00
15. Dumpers (Classic) 3.12 100.00 50.00 25.00
16. D u m p o s 3.12 100.00 50.00 25.00
17. Departmental Boat 3.42 50.00 25.00 15.00
Note:- (i) The hire charges for the first 24 hours should be the minimum charges in Col. 4
or the actual hire charges calculated with reference to the rate in Col. 3 whichever
is higher, no detention charge being leviable.
(ii) Detention charges will be levied in cases where in vehicles hired out are detained
for more than the first 24 hours.
(iii) The period of 24 hours after which detention charge will be levied will be
reckoned from the time when the vehicle actually leaves the departmental
shed.
(iv) The detention charge prescribed in Col. 6 are also leviable per day for periods
exceeding the first 24 hours provided the detention is due to repairs. In that
case the charge prescribed under Col. 5 is not leviable.
(v) Full rate of detention charge prescribed under Col. 5 or Col. 6 as the case may
be, is leviable for each calendar day of 24 hours exceeding the first 24 hours, or
part thereof. No part rate will be allowed.
(vi) Sub paras 4,5 & 6 of Para 316 will be applicable while hiring out the
Departmental Vehicles mentioned in the table.
 205

APPENDIX IV
Procedure regarding payments to be made for the services
of the Central Water and Power Commission when
availed of by the State Government
The Government of India have decided that recoveries should be
made from Central Ministries, State Governments and other outside parties
for the technical advice and other services rendered by the Central
Electricity Commission (The Central Water and Power Commission,
Power Wing) although the Commission has not been classified as a
commercial department. The following procedure should be adopted for
effecting .recoveries :-

1. Recoveries shall be made in respect of services rendered or

advice tendered by the Power Wing to the various Ministries, Central
Department (Commercial or no-Commercial), State Government, Local
Bodies and other private parties except in the following cases:—
(a) where the advice tendered is based on the data already
collected by the wing as a part of its normal functions,
(b) where the amount of recovery does not exceed Rs. 200 in
the case of non-Commercial Departments of the Central Government
and Rs. 100 in the case of others, provided that the work involved is not
of a recurring nature.
(c) services rendered to the Central Electricity Authority.
2. The power wing shall undertake work for which recoveries have
to be made, only at the specific written request in this behalf by the party
concerned and after acceptance by that party of the estimates of cost of
that work. Where any work is expected to cost more than Rs. 10,000,
the Commission shall obtain the permission of the Government of India,
Ministry of Irrigation and Power before undertaking it.
3. The basis of effecting recoveries shall be the same both for
service rendered and advice tendered.
4. The formula for effecting recoveries will be as follows:—
(1) The actual expenditure incurred on the undermentioned items
shall be charged for:—
(i) the pay and allowances of all the technical staff employed
on the work, excepting those of the Chairman and Members of the
Commission;
 206

(ii) the travelling allowances of the staff of the Commission

who arc required to undertake journeys in connection with the specific
work. This will also include the travelling allowance of the Chairman
and/or Members, if they have to undertake any journey, in connection
with any specific work on behalf of any party;
(iii) contingent and other expenditure incurred which is
directly chargeable to the work.
(2) An addition of 60 per cent on the total actual expenditure on
the items referred to in (1) above shall be charged for on account of
overhead charges to cover:—
(a) administrative charges on account of the supervisory
staff, and
(b) the leave and pension (or Provident Fund) contributions
of the staff actually engaged on the work.
(3) If any machinery (or tools or plant) is specifically purchased
for a particular work for which the Commission has no further use, the
entire cost of such machinery (or tools or plant) shall be debited to the
party concerned. In other cases, a suitable charge shall be made on
account of depreciation at such rates as 'Government may decide based
on the life and cost of machinery (or tools or plant).
(4) The actual expenditure on account of pay and allowances
of the technical staff referred to in (1) (i) above, will be arrived at on the
basis of diary sheets which will be maintained by all members of the
technical staff, for the purpose.
(5) The procedure outlined in sub-pars IV above, shall also apply
to work done in connection with the construction, inspection, and erection
of power plants for outside parties.
(6) The formula outlined in sub-para IV above, will take effect
from the Pt April 1953 but in effecting recoveries from the parties which
availed themselves of the services of the late Central Electricity
Commission or the Central Water and Power Commission (Power Wing)
between the 1st January 1948 and 31'' March 1953, 'Overhead' charges
shall be calculated at the existing provisional rate of 50 per cent on pay
and allowances including those of the Chairman and Members but
excluding travelling allowance and contingencies.
 207

No readjustment shall be made in respect of recoveries made for

5
advice rendered and services rendered before the 1 ' April 1953.

(7) Recoveries from State Government and other Central

Government department may be made by book adjustments through the
Accounts Officer, concerned; but recoveries relating to the Damodarvalley
Corporation and other private bodies will be effected in cash.
(8) Recoveries relating to any particular year should be effected
before the close of the accounts for that year. In the case of recoveries to
be effected in cash before the 31 March of the financial year concerned, the
amount to be recovered should be arrived at with reference to the actuals
of the first nine months in the year (for which reconciled figures of
expenditure are available) and the estimated expenditure for the
remaining three months subject to such adjustments as may be necessary
in the next financial year, i.e., after the close of accounts of the year to
which the recoveries relate. This procedure of calculating the recoveries
on the basis of the actuals for the first nine months of the year and the
estimated expenditure for the remaining three months, may also be adopted
in the case of recoveries to be effected by book adjustment if the actual
amounts to be recovered cannot be arrived at well before the close of the
accounts for the year and any delay is anticipated in the acceptance and
adjustment of the debits through the Accounts Officers concerned.

5. In the case of work undertaken on behalf of a private party the

Commission shall recover from that party the estimated cost of the work
in advance in a lump sum or in instalments, as may be considered
appropriate, so as to ensure that the cost of work already done does not
at any time exceed the amount of the advance in hand.
 208

APPENDIX V
Procedure in regard to Law Suits
The rules for regulating legal assistance to Government Officers when
they are threatened with civil or criminal proceedings or when such
proceedings are actually initiated against them are given in Appendix.
1. Preliminary.— These rules shall apply to all persons (other than
Police Officers) serving the Government in a civil capacity in connection
with the affairs of the State hereinafter referred to as public officers.
2. In these rules, any reference to the head of the department shall
be construed as reference:
(a) to the Hon'ble the Chief Justice in the case of the members
of the staff of the High Court; and,
(b) to the High Court, in the case of other officers under the
administrative control of the High Court.
3. Replies to threats of legal proceedings.- A public officer who
receives any communication containing a threat of civil or criminal
proceedings against him for acts done in his official capacity should forth
with forward, through the proper channel, a copy of such communication
intimating whether he wishes to reply thereto or not and if he proposes to
send a reply submitting a copy of the proposed reply:
(a) in case the proceedings threatened are civil proceedings, to
the head of his department; and
(b) in case the proceeding threatened are criminal proceedings,
to the District Magistrate.
If the public officer who receives such communication is the head of
the department he should forthwith forward to the Government a copy of
such communication, intimating whether he wishes to reply thereto or not
and submitting a copy of any reply which he proposes to send.
4. The head of the department or the District Magistrate, as the
case may be should examine the case and the draft reply, if one is proposed
to be sent, and give the officer such directions and make such changes in
the draft reply as he may consider necessary. In doubtful cases, a reference
should be made to the Government. A reply should be sent in the form in
which it is approved or required to be sent by the head of the department,
District Magistrate or Government as the case may be.
 209
5. Any failure on the part of the public officer to comply with the
provisions of Rule 3 or of Rule 4 will be viewed as a breach of
discipline will also render him ineligible for legal assistance from the
Government if proceedings are actually instituted against him.
6. The question of defending at the public expense a Public Officer
who has received a communication containing a threat of legal proceedings
against him need not ordinarily be taken up until the proceedings have
been actually instituted. If, however the Head of the Department or the
District Magistrate, as the case may be considers that proceedings are
likely to be instituted against the public officer, he may examine the question
as soon as he receives a copy of the communication referred to in Rule 3.
7. Defence of Public Officers in Civil and Criminal
Proceedings. (1) (a) Public Officers will always be protected when it
—

appears to Government that they have acted in good faith but the
Government do not bind themselves to undertake their defence when this
is not the case.
(b) Where an order sanctioning the defence of a Public
Officer in any Civil or Criminal Proceedings has been passed under these
rules, the Government may, after the conclusion of the proceedings, for
sufficient cause, cancel or revise such order.
(2) When the Government declined to defend, it rests with the
Officer concerned to take such measures as he considers necessary at
his own expenses, but if the verdict of the Court is in his favour, the
Government will, subject to the provision of rule 8, reimburse him for his
expenditure. It is to be distinctly understood, however, that the Government
do not undertake to pay any except reasonable expense.
8. (1) (i) Where Criminal Proceedings are instituted against a
Public Officer either by the Government or with their sanction and they
decline to undertake his defence, they recognise no obligation to reimburse
him for his expenditure, even though the verdict of the court may be in his
favour. The Government reserve to themselves full and unfattered
discretion to deal with every case as they deem fit.
(ii) Without prejudice to the above general rule, however,
the Government will ordinarily be prepared to reimburse the officer
Concerned in full, when they are satisfied that they were more or less
misled into instituting or sanctioning the prosecution.
 210
(iii) When the charge has been found to be false, but the
case is not of the kind mentioned in clause (ii), the extent to which the
officer is reimbursed will depend on the findings contained in the judgement,
and the other circumstances of the case as revealed by it.
(2) In every case to which sub-rule (i) applies, a detailed report
should be submitted to the Government examining fully the justification
for the prosecution and in particular whether there was just and reasonable
cause for it and setting out all the surrounding circumstances of the case.
The personal file of the officer concerned should also be submitted with
such remarks, if any, as may be considered necessary and relevant with
regard to the question of reimbursement.
9. (1) When any Civil Suit is instituted against a public officer in
respect of anything done or omitted to be done in connection with the
discharge of his official functions, the officer concerned should at once
inform the head of his department through the head of his office.
(2) When any Criminal Prosecution is instituted against a Public
Officer in respect of anything done or omitted to be done in connection
with the discharge of his official functions, the officer concerned should
at once inform, through the Head of his Office, the District Magistrate.
10. In the case of a civil suit or a criminal prosecution against a
public officer in connection with the discharge of his official functions,
the following procedure shall be adopted:—
(a) Civil suits.— (i) If on the date of the institution of the civil
suit, the period of limitation, if any, laid down in that behalf by any special
or local law governing such officer, has expired, or if the notice required
by section 80 of the Code of Civil Procedure, 1908, has not been duly
served on him, he shall at once move the court or cause the court to be
moved to dismiss the suit on the ground that it was instituted contrary to
the provisions aforesaid.

(ii) If however the provisions aforesaid have been complied with,

he shall report forthwith to the head of his office, all the circumstances
necessary to the forming of an opinion on the case. The head of the office
shall thereupon, as soon as may be after making any enquiry that may be
necessary, report the facts fully together with his recommendations to the
head of the department who shall, after consulting the Government Pleader
forward the report for the orders of the Government.
 211
(iii) Wliere the power to sanction the defence of suit has been
delecrated to the head of the department, he shall himself issue the
necessary orders after consulting the Government Pleader on receiving the
report from the officer concerned.

i vote 1-The following officers have been empowered to accord final

sanction for the defence of public officer. Fee of the lawyer
who may be engaged for the defence in each case is not likely
to exceed the limit noted against them:—
First Grade Heads of Departments Rs. 300
Heads of Departments other than first grade Rs. 200
Note 2.— The officers specified in Note 1 are empowered to write off
costs awarded to public officers under their control in civil suits
in which the defence of the officers has been sanctioned at public
expense, if such costs are irrecoverable, up to the limits specified
in Note 1 in each case.
(b) Criminal prosecutions.— (i) The public officer against
whom a criminal complaint is instituted shall see whether such complaint
is barred by reason of having been instituted after the expiry of the period
of limitation, if any, laid down in that behalf by any special or local law
governing such officer and if it is so barred, he shall at once move the
court or cause the court to be moved to dismiss it on the ground that it
was instituted contrary to the provisions thereof.
(ii) Section 197 of the Code of Criminal Procedure, 1898* lays
down a special procedure in regard to criminal prosecutions against certain
classes of officers. In those cases there will always be sufficient time to
obtain the orders of Government as to undertaking the defence of the
officer, and the officer concerned shall report the facts fully to the head
of his office who shall, after making any enquiry that may be necessary,
report them to the District Magistrate. The District Magistrate shall,
after consulting the Government Pleader forward the report for the orders
of the Government.
*Now Code of Criminal Procedure, 1973 Section 197
(iii)In the case of criminal prosecutions against the other classes
of Public Officer, it may not be possible invariably to obtain the orders of
the Government before the commencement of the proceeding. In the
cases, the fee of the lawyer who may be engaged for the defence will not
exceed Rs. 20 per diem or Rs. 100 for the whole case, the District
 212

Magistrate Oiler consulting the Head of the Officer concerned) shall

decide whether the defence shall be undertaken by the Government or
not. If the fee is likely to exceed the above limits or ifthe District Magistrate
and the Head of the Officer concerned disagree regarding the defence of
the accused officer, the District Magistrate shall instruct the Government
Pleader to appear for the accused officer in the initial proceedings and
request the court to postpone the further hearing of the case, pending a
decision by the Government as to whether he should be defended at the
expenses of the State or not. Where, however, the power to sanction the
defence has been delegated to the District Magistrate or the Head of the
Department, he shall himself issue the necessary orders on receiving the
report from the officer concerned.

Note.— District Magistrates are empowered to write off compensation

awarded by Court to Public Officers under their control in
criminal cases in which the defence of the officers has been
sanctioned at public expense, if such compensation is
irrecoverable subject to maximum of Rs. 150 in each case.
11. (a) If the Government or the officers acting on their behalf
sanction the defence of a Public Officer, it will ordinarily be sufficient to
engage a Government Pleader and in case of inconvenience to the
Government Pleader, a private lawyer may be engaged at the expense of
the State and the incidental expenses, e.g., court fees and batta for
witnesses, will also be borne by the Government.
The District Magistrate or the Head of the Department who has
power to sanction the defence of a Public Officer may also sanction the
payment of incidental expenses up to a limit of Rs. 50. The sanction of
the Government shall be obtained if the incidental expenses exceed Rs. 50.
(b) If in any cases any other counsel is engaged, the scale of
fees to be paid to such counsel shall be fixed by the District Magistrate or
the head of the department with the sanction of the Government:
Provided that the Government may in such cased delegate the power
to sanction fees up to such limits as may be prescribed by them to the
District Magistrate or the head of the department.
Note 1.— All the officers referred to in the note to Rule 10 (a) (iii) have
been empowered to sanction fees, not exceeding the regulation
fee and subject to the limits of their sanctioning capacity, to private
 213

counsel engaged for the defence of public officers under their

control in civil cases.
Nate 2. District Magistrates arc empowered to sanction fees to
private counsel engaged 1br the defence of public officers in
criminal cases at rates not exceeding the rates payable to
Government Pleader.
(c) In petty cases, appearance in person or aid given by the
prosecuting staff of the Police Department may often be quite sufficient
and where this is so, the employment of a pleader is superfluous,
12. If the officer wins the case and costs, damages or compensation
(whether as personal solatium or not) are or is awarded to him, the
expenditure incurred by the Government up to the limit of such costs
damages or compensation shall be refunded by him.
13. If in a Civil or Criminal Proceeding instituted against a Public
Officer the court decides in his favour but an appeal is filed or other
proceedings taken to secure a reversal or modification of the decision,
the question whether such appeal or proceeding should be resisted at the
cost of the State shall be decided in accordance with the foregoing rule.
14. If in a case in which the Government have undertaken the
defence of an officer, the decision of the court is against him, the questions
(a) whether an appeal should be filed or whether any other proceedings
should be taken, at the cost of the State, to secure a reversal or modification
of the decision, and (b) whether any damages awarded to the plaintiff or
any fine imposed upon the officer should be paid by the State, shall be
decided by the Government either on the application of the officer
submitted through the head of his officer or on the representation of the
head of his office. In their cases, the procedure laid down in rule 10 (a)
or 10 (b), as the case may be shall be followed.
15. If a Public Officer undertakes a journey in connection with a
Civil or Criminal case instituted against him for acts done in his official
capacity and the defence of such cases has been sanctioned; such Public
Officer may be granted travelling allowance admissible to an officer of
his grade while on tour.
16. As legal proceedings against public officers, particularly Civil
Suits, must interfere with discharge of their public duties and are likely to
cause harassment to them, the District Magistrate or head of the
department should impress on the counsel appearing for the officer
 214
concerned that he should request the court to deal with such proceedings
with the utmost possible expedition.
Institution by Public Officers of Civil and Criminal
Proceedings
17. (1) The previous sanction of the Government shall be obtained
in all cases where a Public Officer desires to institute a Civil suit or Criminal
prosecution against any person or persons in respect of any matter arising
out of, or in connection with, his conduct or his acts as such officer.
Nothing contained in this sub-rule shall be deemed to affect the operation
of Rule 77 of the Government Servants' Conduct Rules.
(2) In granting sanction to the institution of any such proceeding
whether under sub-rule (1) or under Rule 78 of the Government Servant's
Conduct Rules, the Government shall decide whether they will themselves
bear the costs of the proceeding whether the officer should institute the
proceeding at his own expense. In the latter case, in the event of a
decision in favour of the officer, the Government shall decide whether to
reimburse him to the extent of the whole or any part of the costs incurred
by him.
(3) The Government may delegate their powers under sub-
rules (1) and (2) to the head of department in any case or class of cases.
(4) The provision of Rules 7 (1) (b), 8 to 14 and 15 shall apply,
so far as may be mutatis mutandis to the institution of proceedings under
this rule.
18. General.— Nothing in these rules shall be deemed to authorise
a public officer to sanction the defence or institute of any Civil or Criminal
proceedings at the cost of the State in a case in which he is personally
concerned. Such cases must be reported to the Government for orders.
 215

APPENDIX VI
Rules for the destruction of useless records in the possession
of the Public Works Department
Tide paragraph 51 of the Kerala Public Works Department Code.)
1. Records shown in list I appended to these rule shall be preserved.
2. Records shown in list 2 appended to these rules shall be destroyed
after the expiry of the periods shown in column 3 thereof.
Note.— The Chief Engineer or the Divisional Officer shall however be
competent to order the preservation of any record in the
Department or the Division respectively for any longer periods.
3. The list of records of the Chief Engineer's Office due for
destruction shall be sanctioned by the Chief Engineer and the records
shall be destroyed in the presence of the Superintendent and the Record
Keeper. Records due for destruction in the Division, Sub Division and
Section Offices shall be sanctioned by the Division Officer concerned
and the Records shall be destroyed in the presence of the Manager and
the Record Keeper as regards the records of the Division Office and of
the Sub Division Officer and Section Officer respectively as regards those
of the Sub division Office and Section Office.
4. A consolidated list of the records sanctioned to be destroyed
shall be published in three successive issues of the Government Gazette
prior to their destruction.
Note.— (1) Such destruction may be arranged quarterly, half yearly or
annually as is convenient.
Note.— (2) As regards the account records included in the list a
certificate from the Account Officer that there are no
unsettled objections relating to them should be obtained
before they are destroyed.
5. Nothing in these rules shall be deemed to authorise the destruction
of records of experiments and observations or investigations of Projects
and Works valuable from a professional point of view. These should on
no account be destroyed.
6. Each office shall maintain a Permanent Register of the records
destroyed showing the sanction, date of destruction, etc., in Form K.P.W. 89.
 216
I. LIST OF RECORDS TO BE PRESERVED
IcHIEF Engineer's Office
A. ACCOUNTS
Nil
B, CORRESPONDENCE
Particulars Remarks
1. Index Register of Records.
2. Registers of Records Destroyed.
3. Gazettes and Almanacs.
4. Printed Administration Reports of the State.
5. Chief Engineer's Administration Reports of the P.W.D.
6. Records connected with Experiments and Observation.
7. Register of Land Acquisition with Land Plan and Area Lists.
8. Reports relating to Correspondence.
9. Files of Government and Departmental Circulars.
C. DRAWING AND ESTIMATES
10. (a) Survey Maps and Plans.
(b) Register of Survey Maps and Plans.
11. Standard of type designs.
12. Register of buildings.
13. Plans of important buildings.
14. Reports on Projects, important schemes of works.
15. Register of books, etc.
16. Register of Drawing and Mathematical Instruments.
17. Register and Statements of Rainfall.
18. Water Register (of channels in the Kodayar Project).
2. Executive Engineer's Office
A. ACCOUNTS
19. Register of Leases.
20. Register of Revenue.
21. Register of Rents on Buildings.
22. Register of Savings Bank Security Deposits.
23. Register of lapsed deposits.
24. Contractors's ledger.
25. Records or Registers connected with expenditure which are within
the statute of limitation.
26. Records on works, etc., not completed although beyond the statute
of limitation.
 • 217
27. Register of tools and plant and furniture.
B. CORRESPONDENCE
28. Index Register of records.
29. Registers of records destroyed.
30. Gazettes and Almancs.
31. Printed Administration Reports of the State.
32. Records connected with experiments and observations.
33. Register of Land Acquisition with land plan and area lists.
34. Reports relating to encroachments.
C. DRAWINGS AND ESTIMATES
35. (a) Survey maps and plans.
(b) Register of survey maps and plan.
36. Standard of type designs.
37. Register of buildings.
38. Plans of important buildings.
39. Reports on Projects, important schemes of works.
40. Register of Books, etc.
41. Register of drawing and Mathematical instruments.
42. Register and statements of rainfall.
43. Water Register (of the channels in the Kodayar Project.)
44. Survey Field Books.
45. Level Feild Books
3. Subdivisional Officers
A. ACCOUNTS
46. Register of Revenue.
47. Register of Rent on buildings.
48. Register of furniture.
49. Contractor's ledger.
50. Daily receipts and issues of tools and Plant.
51. Register of advances to labourers.
52. Register of stamp papers received and issued.
B. CORRESPONDENCE
53. Register of inventories in Sirkar Bungalows.
54. Register of leases.
C. DRAWINGS AND ESTIMATES
55. Register of Plans.
56. Register of Village maps, etc.
57. Register of books, drawing instruments, etc.
 218
4. Section Offices
A. ACCOUNTS
58. Register of Daily Receipts and Issues of Tools and Plant.
II. LIST OF RECORDS THAT MAY BE,eDrilo■,(SITojROreYfelin:II:on

No. Particulars I
Chief Engineers's Office
A. ACCOUNTS
I Acquittance roll for Establishment 35 complete account
years
Pay and Travelling allowance
2. Service Books To be disposed of with
pension application or de
stroyed six months after
the death or dismissal of
the officers
3. Attendance Registers 35 years
4. Travelling journals of officers 3 complete account years
5. Register of undisbursed salaries 3 do.
6. Register of T.A/ bills 3 do.
7. Leave Register 3 do.
8. Register of liabilities and court
attachments 35 do.
9. Half-yearly recommendation rolls 3 do.
10. Register of subsistence allowance
received from Courts 1 do.
11. Anamath Register 3 do.
12. Contingent Register 3 do.
13. Contingent vouchers not sent to
the Account Office 4 do.
14. Register relating to stationery
article 6 do.
15. Budgets 10 do.
16. Applications for Reappropriations
of Budget Grants 1 do.
17. Quarterly Statements of Expenditure 3 do.
18. Progress Reports on works-B Form 1 year after the
Completion Report
for the work is sent
 219

5 complete account
19. Completion Reports Register of Survey
years
Reports 3 do.
20.
Register of Service Anchal and Postal
21.
Stamps 3 do.
11.
Statement and Periodical returns 3 do.
Statement
11. Quinquennial graves of
Europeans and Eurasians 15 do.
B. CORRESPONDENCE
24 Register of letters received 30 years
Register of letters despatched 30 years
25
26 Inspection notes of the Chief Engineer .
and the Deputy Chief Engineer
27. Inspection notes of the Executive Engineer 20 years
Work files 10 years
28. 5 years after the
Completion Report of
29. Personal files the work is accepted
To be destroyed six
months after the sev-
erance of the connec-
tions of an officer from
the State service by
retirement or otherwise.
30. Miscellaneous Files
5 years
31. Application for appointment, etc.
32. Administration Reports of the Divisions 2 years
and correspondence relating to the same
33. Correspondence relating to subjects in Sri 5 years
Mulam Popular Assembly
34. Correspondence relating to 20 years
encroachment 3 years after the mat
35. Correspondence Forms and Stationery ter is finally disposed of
36. Register of Dewan's requisition and 5 years
warrants
5 years after the last
37. List of unanswered references estimate is sent
38. Local Delivery Book 1 year
1 year
 220
C. DRAWINGS AND ESTIMATES
39. Register of estimates sanctioned 20 years
40. Register of estimate submitted 5 years (those esti-
mates not disposed of
being brought forward
in a new register)
39. Indent for articles on the General Stores 3 years
40. Register showing the receipts, issues,
etc., of Drawing and Stationery articles 5 years
2. Executive Engineer's Office
A. ACCOUNTS
41. Acquittance roll for Establishment,
Pay and Travelling allowance 35 complete account
years
42. S ervi ce Books To be disposed of with
pension application or
destroyed six months
after the death or
dismissal of the officer
35 years
43. Attendance Register 3 complete account
44. Travelling journals of Officers years
3 do.
45. Register of undisbursed salaries 3 do.
46. Register of Travelling allowance bills
3 years
47. Leav e Reg ist er 35 do.
48. Register of liabilities and court attachments
49. Half yearly recommendation rolls 3 complete account
years
35 do.
50. Register of do.
1 do.
51. Register of subsistence allowance
received from Courts
52. Anamath Register 3 do.
53. Contingent Register 3 do.
54. Contingent vouchers not sent to
the Account Officer 4 do.
55. Registers relating to Stationery Articles 6 do.
56. B u d g e t s 10 do.
 221
57 Applications for rcappropriation of
grants
budget
60. Quarterly statement of expenditure 1 do.
61. Progress Reports on works-I3 Form 3 do.
1 year after the C.R.
62. Completion Reports for the work is sent
5 complete account
63. Register of survey reports years
3 do.
64. Register of service Anchal and
Postal stamps
3 do.
65. Statements and Periodical Returns
3 do.
66. Quinquennial statement of graves of
Europeans and Eurasians 15 do.
67. Receipts of revenue remittances into
Treasury 3 do.
68. Register of revenue deposits To be destroyed after
15 complete account
years and after consul-
tation with the Account
Officer regarding li-
abilities
69. Register of personal deposits 15 years (same in item 68)
70. Register of work (Major and Minor) 5 years after the
completion reports
from all the works are
submitted
71. Work abstracts and vouchers relating
to the works 5 do.
72. Measurement Books To be preserved care
fully for 20 years
73. Regi st er o f do . do.
74. Daily reports in N.M. rolls 1 year
75. Statement of materials at site or works 5 years after the
completion report for
the work is submitted
76. Receipts on account of refund
of expenditure into treasury 5 years after the comple
tion report is submitted
 222
Application for letters of credit
and sanction to the same 2 years
7S. Monthly accounts (including the
adjustment book, cash abstract
20 years
book, etc., under the old system) 5 years
79. Survey Report and account sales 3 years
N. Register of Completion Reports
3 years
81. Register of Tender Forms 3 years
82. Register of embossed agreement forms
83. Cash books of Division and Sub- 20 years
division Offices 5 complete years
S4. Register of Cheque Books 6 do.
85. Counter Foils of cheque books 6 do.
86. Do. of Miscellaneous Receipt 5 do.
87. Register of N.M. Rolls 35 years
88. Register of incumbency 10 years
89. Register of agreements 3 years
90. Treasury Pass Books
B. CORRESPONDENCE
91. Register of letters received 30 years
92. Register of letters Despatched 30 years
93. Inspection notes of the Chief Engineer
and the Deputy Chief Engineer 10 years
94. Inspection notes of the Executive
Engineers 10 years
95. Inspection notes of the Subdivision 10 years
Officers
96. Progress Report of Section Officer 5 years
97. Work Files 5 years after the
completion report for
the work is accepted
98. Personal Files To be destroyed after
six months after the
officer's severance of
his connection with the
State service by retire-
ment or otherwise
99. Miscellaneous files 5 years
 223
100. Application and petitions for
appointments, etc. 2 years
101. Administration reports of the Division
and Subdivision Officers 5 years
102. Correspondence relating the S.M.P.A. 15 years
103. Correspondence relating to
encroachments 3 years after the mat
ter is filially disposed of
104. D o . f o r m s a n d s t a t i o n e r y 5 years
105. Correspondence relating to
transfer of charge of a Division,
Subdivision, Section, etc. To be preserved for at
least 5 years
106. Register of Dewan's requisition
and warrants 5 years after the last
estimate and memo of
cost sanctioned
107. List of unanswered references 1 year
108. Local delivery books 1 year
C. DRAWINGS AND ESTIMATES
109. Register of estimates sanctioned 20 years
110. D o . s u b m i t t e d 5 years (those estimates
not disposed of being
brought forward in a new
register)
111. Indents for articles on the
General Stores 3 years
112. Register showing the recei pts,
issues, etc., of drawing and
stationery articles 5 years
113. Register of notice inviting tenders 6 years
3. Subdivision Offices
A. ACCOUNTS
114. Acquittance rolls 35 complete
account
years
115. Leave Registers 3 do.
116. Attendance Register 35 do.
 224

117. Service Books To be disposed of with

pension application or dc
stroycd six months after
the death or dismissal of
the Officer
118. Register of service books To be renewed whenever
necessary or convenient
3 complete account years
119. Travelling journals
3 do.
120. Contingent Register
121. Register of Undisbursed Salaries 3 do.
122. Register of Court Attachments 35 do.
123. Register of Subsistence Allowance 1 complete year
received from courts
124. Register of Miscellaneous Receipts 20 complete years
125. Daily reports 1 do.
126. D a i l y r eg i s t er 1 do.
127. Subdivision Officer's cash books 20 years
with section officers imprests
128. Work Ledger 5 years after the comple
tion report is accepted by
the Chief Engineer
129. Orders from write backs 5 years after the comple
tion report is accepted by
the Chief Engineer.
130. Copies of invoices of stores
issued to or received from other
departments or Divisions 10 completed account years
131. Road metal statements 5 years after the comple
tion report is accepted by
the Chief Engineer
132. Register of cheque received and
issued5 complete account years
133. Register of embossed agreement forms 3 do.
134. Bill registers (Local and Foreign) 3 do.
135. Measurement Books 20 do.
136. Register of measurement books 20 do.
137. Register of N.M. Rolls received
and issued 5 complete account years
138. Anamath Register (Civil) 3 do.
139. Survey report register 3 do.
 225
140. Indents
3 complete account
years after completion
141. report is sent
Register of unclaimed wages 5 complete account years
142. B. CORRESPONDENCE
Inspection reports of the Assistant
Engineer
10 complete account
years
143. Petitions (files) 3 do.
144. Outward registers 30 do.
145. Inward registers 30 do.
C. DRAWINGS AND ESTIMATES
146. Agreement registers 10 complete account
years
147. Register of sanctioned estimates 10 do.
148. Register of estimates submitted
to the Division Officer 10 do.
4. Section Offices
A. ACCOUNTS
149. Work ledger5 years after the completion
report is accepted by
the Chief Engineer
150. Used imprest Cash Book 20 years
151. Indents 3 years after the comple-
tion report is accepted by
the Chief Engineer
152. Daily reports 1 complete account year
153. Register of daily reports 1 do.
154. Statements of monthly receipts and
issues of balance materials at site 5 years after the comple-
tion report is accepted by
the Chief Engineer
155. Write back order 3 complete account years
156. Road metal statements 5 years after the coin*
tion report is accepted by
the Chief Engineer
157. Bill register 3 complete account years

IN
 •
226

B. CORRESPONDENCE

158. Inward Registers 30 complete years account

159. Outward Registers 30 do.
160. Ten days progress reports 20 do.
161. Register of stationery 3 do.
162. Register of service Anchal and
Postage stamps 5 do.
C. DRAWINGS AND ESTIMATES
163. Register of estimates submitted to the Subdivision Office10
complete years account

APPENDIX VII
Bond to secure exemption from payment of Earnest Money in
Individual Cases
[Vide G.O. (Ms.) No. 469/PW., dated Is' November 1963]
KNOW ALL MEN BY these presents that I ................................................
registered as Class ............. Contractor, Public Works Department of
the State of Kerala (hereinafter referred to as "the bounden"), are held and
firmly bound unto the Governor of Kerala (hereinafter called the "Government"
which expression shall unless repugnant to the context or the meaning thereof
be deemed to include his successors and assigns) in the sum of Rs to be
paid to the Government for which payment well and truly to be
made I bind myself, my heirs, executors, administrators and representatives
firmly by these presents duly signed b y m e d a t e d t h i s d a y
of 20...
Whereas the bounden ...........................................................has to pay from
time to time to the Government earnest money in respect of works tendered to be
performed or in respect of tenders to be submitted in future by him in the
Public Works Department of the State of Kerala according to the conditions for
the submission of tenders or the demand of the Executive Engineer for the time
being in charge of the works, as the case may be;
WHEREAS the full value of the said earnest money is to be forfeited to the
Government of Kerala on the happening of the contingencies
 227

mentioned in such tenders;

WHEREAS the bounden desires to secure exemption from the
payment of earnest money with each individual tender has deposited with
the Chief Engineer, Public Works Department of the State of Kerala,
(hereinafter called the Chief Engineer) acting in the premises for and
on behalf of the Gove rnment a sum of Rs in for
the purpose of securing and indemnifying the Government in respect of
any default being made by the bounden in observing, performing and

fulfilling the provisions and conditions contained in the said tenders or any
of them;
WHEREAS the Government has agreed to exempt the bounden from
the demand of earnest money in respect of each individual tender on his
executing such bond as above written with such condition as hereunder

written.
NOW THE CONDITION of the above written bond is such that if
the bounden shall well and truly observe, perform and fulfill all the provisions
and conditions in the aforesaid tenders or tenders submitted in future and
shall fully indemnify and save harmless the Government in respect of any
default made by the bounden in observing, performing and fulfilling the
provisions and conditions contained in the said tenders or any of them,
then this obligation shall be void and of no effect otherwise the same shall
be and remain in full force and effect PROVIDED ALWAYS AND IT is
hereby declared and agreed by the bounden with the Government, that
the lump sum deposit of Rs made as aforesaid shall
be and remain with the Chief Engineer, as Earnest Money paid to the
Government for the purpose aforesaid with full power to the Government
or its officers and servants duly authorised in that behalf from time to
time as occasions shall require and to apply the same and the interest
thereon, if any, towards any amount due to the Government. It is hereby
agreed that the bounden shall within 14 days of the date of intimation
deposit with the Chief Engineer, a sum sufficient to make up the said
deposit to Rs either in cash or in interest bearing securities
accepted under the rules for the time being in force failing which, the
 228

above bounden .................................................... will deposit earnest money with

individual tender, and the balance of the deposit hereinbefore referred to
may, without prejudice to any other right of the Government, be refunded
to the said after obtaining "No Demand Certificate"
from the Executive Engineer concerned PROVIDED ALWAYS that in
the event of the above bounden having recoiled from any
tender or tenders and the amount or amounts of the earnest money in
respect of such tender or tenders. e xceeds the amount of
Rs ................................................t h e n n o t o n l y t h e a m o u n t o f
Rs ................... will stand forfeited to Government, but the Government
would be entitled to realize the difference by taking proceedings against
the bounden under this bond PROVIDED ALWAYS and it is hereby
declared and agreed by the said bounden that deductions in accordance
with the terms and conditions of the said tenders or any of them from the
amount of the bills payable to the bounden from time to time will continue
to be made by the Government or persons authorized in that behalf from
the bills payable under any contract by the Government, as security deposit,
such deposit or part thereof as has not been appropriated by the
Government will be returned to the bounden only on his duly carrying out
and fulfilling all the terms and conditions of such contract.
IT IS HEREBY FURTHER agreed and declared by and between
the bounden and the Government, that the Chief Engineer will hold the
receipt in respect of the deposit as aforesaid at the risk of the bounden
and will not be liable in the event of loss owing to the failure of the bank
or to any other cause whatsoever and in such an event the loss will fall on
the bounden and the bounden shall furnish fresh lump sum deposit of
earnest money as aforesaid.
IT IS HEREBY FURTHER agreed that in the event of the market
value of the lump sum deposit, if deposited in a form other than cash falls
shor t of th e afor es aid amoun t of Rs th e bound en sh all
deposit in cash a sum equivalent to the difference between the amount of
Rs and the market value as assessed by the Chief Engineer,
Public Works Department, Kerala.
 229

IT IS HEREBY FURTHER agreed and declared by and between the

bounden and the Government that in the event of the bounden claiming for the
refund of the above lump sum deposit, he will offer earnest money with
individual tender or tenders, unless he wants his name to be removed from the
approved list of the Public Works Department Contractors and the said deposit
shall be refunded to the bounden provided that necessary certificate from the
Divisional Officers have been duly obtained to the effect that no amounts are
outstanding against the bounden in connection with any work done or tendered
for, by the bounden in any of the Divisions of the State Public Works
Department.
IT IS HEREBY FURTHER agreed and declared that the terms and
conditions of this bond will also apply to all the works tendered for by the s a i d
bounden in the State P.W.D. from (here insert
the dates) to ........................................
AND IT IS HEREBY lastly agreed and declared by and between the
bounden and the Government that in case the bounden is removed from the
approved list of the State Public Works Department contractors by the State
Public Works Department, his earnest money of R s ( o r s u c h
s m a l l e r a m o u n t a s m a y b e c o n s i d e r e d available by the Chief
Engineer, or the officer or officers duly authorised by him in that behalf) shall be
returned after obtaining necessary certificates from the Division Officers
concerned to the effect that no amounts are outstanding against the said
contractors in connection with any work done or tendered for by the bounden in
any of the Divisions of the State Public Works Department. PROVIDED
ALWAYS that the return at any time of the said lump sum deposit shall not be
deemed to affect the right of the Government to take proceedings upon the above
written bond or otherwise against the bounden in case any breach of the
conditions of the aforesaid tenders or any of them or any agreement or
agreements resulting from the acceptance thereof or of overpayments
discovered after the return of
the said lump sum deposit.
IT IS HEREBY further agreed that all sums fond due to the
Government under or by virtue of this bond shall be recoverable from the
 230
bounden and his properties movable and immovable under the provisions
of the Revenue Recovery Act for the time being in force as though such
sums arc arrears of land revenue and in such oilier manner as th e
Government may deem fit.
Signedby ........................................................................................
In the presence
Acce pted..................................................................................
I................................................................................................
2................................................................................................
(Signature of the Officer)
For and on behalf of the Governor of Kerala.

Bondtosecureexemptionfrompaymentofearnestmoneyin

individual cases

FIRM
KNOW ALL MEN BY these presents that we .......................
registered as Class contractors, P.W.D. of the State of Kerala
(hereinafter referred to as the "bounden') are held and firmly bound
unto the Governor of Kerala (hereinafter called the "Government" which
expression shall unless repugnant to the context or the meaning thereof
be deemed to include his successors and assigns) in the sum of
Rs to be paid to the Gov ernment for which payment well
and truly to be made we bind jointly and severally ourselves, our heirs,
executors, administrators and representatives firmly by these presents
duly signed by us dated this day of 20
WHEREAS the bounden have to pay from time to time to the
Government earnest money in respect of works tendered to be performed
or in respect of tenders to be submitted in future by them in the State
Public Works Department, according to the conditions for the submission
of tenders or the demand of the Executive Engineer for the time being in
charge of the works, as the case may be.
WHEREAS the full value of the said Earnest Money is to be forfeited
to the Governor of Kerala on the happening of the contingencies mentioned
in such tenders.
 231
AND WHEREAS the bounden desires to secure exemption from the
payment of earnest money with each individual tender and have deposited
with the Chief Engineer, State Public Works Department (hereinafter called
the Chief Engineer acting in the premises for and on b e h a l f o f t h e
G o v e r n m e n t a s u m o f R s i n f o r t h e purpose of securing and
indemnifying the Government in respect of any default being made by the
bounden in observing, performing and fulfilling the provisions and conditions
contained in the said tenders or any of them.
AND WHEREAS the Government has agreed to exempt the bounden from the
demand of earnest money in respect of each individual tender on their
executing such bond as above written with such condition as hereunder
written.
NOW THE CONDITION of the above written bond is such that if
the bounden shall well and truly observe, perform and fulfill all the provisions
and conditions in the aforesaid tender or tenders submitted in future and
shall fully indemnify and save harmless the Government in respect of any
default made by the bounden in observing, performing and fulfilling the
provisions and conditions contained in the said tenders or any of them,
then this obligation shall be void and of no effect otherwise the same shall
be and remain in full force and effect PROVIDED ALWAYS AND IT is
hereby declared and agreed by the bounden with the Government that
the lump sum deposit of Rs .................................. made as aforesaid shall be and
remain with the Chief Engineer as Earnest Money paid to the Government
for the purposes aforesaid with full power to the Government or its officers and
servants duly authorized in that behalf from time to time as occasions shall require
and to apply the same and the interest thereon, if any, towards any amount due to
the Government. It is hereby agreed that the bounden shall within 14 days of
the date of intimation deposit with the Chief Engineer, a sum
sufficient to make up the said deposit to Rs either in cash or in
interest bearing securities acceptable under the rules, for the time
being in force, failing which the above b o u n d e n w i l l
d e p o s i t e a r n e s t m o n e y w i t h individual tender and the
balance of the deposit hereinbefore referred to may, without prejudice, to any
other right of the Government be refunded to the said after obtaining
"No Demand Certificate" from the Executive Engineers concerned.
PROVIDED ALWAYS that in the event of the above bounden having
realized from any tender or
 232

tenders and the amount or amounts of the earnest money in respect of

such tender or tenders exceeds the amount of Rs ..... t h e n n o t
only, the amount of Rs. ............................
will stand forfeited to Government
but the Government would be entitled to realise the difference by taking
proceedings against bounden under this bond PROVIDED ALWAYS and it
is hereby declared and agreed by the said that deductions in
accordance with the terms and conditions of the said tenders or any of
them from the amount of the bills payable to the bounden from time to time
will continue to be made by the Government or persons authorised in that
behalf from the bills payable under any contract by the Government, as
security deposit, such deposit or part thereof as has not been appropriated
by the Government to be returned to the bounden on his duly carrying out
and fulfilling all the terms and conditions of such contract.
ITIS HEREBY FURTHER agreed and declared by and
between the bounden and the Government that the Chief Engineer will
hold the receipt in respect of the deposit as aforesaid at the risk of the
bounden and will not be liable in the event of loss owing to the failure of
the bank or to any other cause whatsoever and in such an event the loss will
fall on the bounden and the bounden shall furnish fresh lump sum deposit
of earnest money as aforesaid.
IT IS HEREBY FURTHER, agreed that in the event of the market
value of the lump sum deposit, if deposited in a form other than cash,.falls
shor t o f th e afor es aid amount of Rs th e bound en sh all
deposit in cash a sum equivalent to the difference between the amount of
Rs and the market value as assessed by the Chief Engineer,
State Public Works Department.
IT IS HEREBY FURTHER agreed and declared by and between
the bounden and the Government that in the event of the bounden claiming
for the refund of the above lump sum deposit, they will offer earnest
money with individual tender or tenders, unless they want their name to
be removed from the approved list of the State P.W.D. Contractors and
the said deposit shall be refunded to the bounden provided that necessary
certificate from the Divisional Officers have been duly obtained to the
effect that no amounts are outstanding against the said ...............
............ in connection with any work done or tendered for, by bounden
in any of the Divisions of the State Public Works Department.
 233
IT IS HEREBY FURI'llER agreed and declared that the terms and
conditions of this bond will also apply to all the works tendered for by the s a i d
bounden (here insert the name of y
the firm
(here insert the dates) to ....... in the
State p,W.D. from
AND IT IS HEREBY LASTLY agreed and declared by and between the
bounden and the Government that in case the bounden are removed from the
approved list of the State P.W.D. Contractors by the State p W.D., t h ei r
ear n est mo n ey o f Rs ( o r su ch s mal l er amount as may be
considered available by the Chief Engineer or the Officer or Officers duly
authorised by him in that behalf) shall be returned after obtaining necessary
certificates from the Divisional Officers concerned to the effect that no
amounts are outstanding against the said contractors in connection with any
work done or tendered for by the bounden in any of the Divisions of the
State P.W.D. PROVIDED ALWAYS that the return at any time of the said
lump sum deposit shall not be deemed to affect the right of the Government to
take proceedings upon the above written bond or otherwise against the
bounden in case any breach of the conditions of the aforesaid tenders or any
of them or any agreement or agreements resulting from the acceptance
thereof or any over payments discovered after the return of the said lump sum
deposit.
IT IS HEREBY FURTHER agreed that all sums found due to the
Government under or by virtue of this bond shall be recoverable jointly and
severally from the bounden and their properties movable and immovable under the
provisions of the Revenue Recovery Act for the time being in force as though
such sums are arrears of land revenue and in such other manner as the
Government may deem fit.
Signed by ...................................................................................
In the presence of ......................................................................
Accepted by ...............................................................................
1 ......................................................................................
2
(Signature of the Officer)
For and on behalf of the Governor of Kerala.
 234

APPENDIX VIII
Rules for Hiring Government Pumps to Panchayats/
Cultivators in Emergency
Pump sets owned by Government Departments will be loaned out on
hire to Panchayats/ Cultivators during emergency under the following
terms and conditions:-
1. Applications for the hire of pumps in the prescribed form - Vide
Annexure - 1 should be made to the Officer in Charge of the Pumps and
all further correspondence regarding the hire address to him.
2. In case where the applicant for the hire is a Private person, he
will have to produce a Certificate from the Panchayat President of the
Village wherein he resides or from the Local Village Officer about his
financial soundness.
3. Hire of the pump will be charged at the rate given in Clauses 10
and 11 of Para 316 of Kerala Public Works Department Code according
to which annual hire of a pump will be 33% of its original value, hire for a
month will be 1/10 of the annual hire, a day's hire will be 1/20 of the
monthly hire and for an hour it will be 1/8 of a day's hire. Clause 12 of
Para 316 will not be applicable to pumps let on hire in emergencies.
4. Hire will be charged for the period during which the pump is
with the hirer; but for the day on which the pump is issued to the hirer
from the Departmental Store and for the day on which it is returned to the
Departmental Store, hire will not be levied.
5. In addition to the hire charges, the hirer will have to bear the
charges for transporting of the pump from the Departmental Store to the
work site and back there from to the Departmental Store. In addition, he
will have to meet all working charges of the pump and also the pay and
allowances of the department driver sent to operate the pump.
6. It is the responsibility of the hirer that the pump is kept safely
while in his custody, but the Departmental Operator will be responsible
for its proper working.
7. Normally, a pump will be hired upto a period of five days only.
The applicant should remit in advance the. hire and working charges, the
pay and allowances of the driver etc., the to and fro conveyance and
other incidental charges. The amount to be remitted being intimated to
the applicant by the Departmental Officers.
 235
8. In case the period of hire is to be extended the hirer should
apply to the Departmental officers at least two days before the expiry of
the hire already sanctioned.
9. As soon as the period of hire is over the hirer should return the
pump to the Departmental Store and if he fails to do this, the Department will
make immediate arrangement to take it to the store forthwith and
expenditure incurred by the Department for this shall be made good from
the hirer.
10. The accounts in respect of the hire should be settled within one
week from the date of cessation of the hire failing which other action
permissible under rule will be taken by the department to make good any
amount due from the hirer.
11. Before taking the pump from the Departmental Stores, the hirer
should give a written understanding for the safety of the pump set taken
on hire, for the prompt payment of hire charge and other dues in respect
of the hire and the prompt return of the pump to the Departmental
Stores as soon as its use is over and agreeing that any loss which may
happen to Government on account of his failure to carry out any of these
undertakings may be made good from him under the R.R. (Regulation)
Act.
12. The hire charges will be a credited to "XXXVAI (f) Miscellaneous"
Application for the Hire of Government Pumps to
Panchayats/ Cultivators for Agricultural Purposes in
Emergencies
1. Name of applicant (in Block Letters)
2. Address of applicant
3. Private address of applicant
4. Particulars of pump applied for
(whether oil driven, electric
pump and capacity of pump)
5. Purpose for which pump is required
6. Survey Nos. and area of land benefited
by the proposed pumping
7. No. of days for which the pump is required
Date .................................................................. Signature of Applicant
 236
DECLARATION

The rules for the hire of pumps for agricultural purpose in emergencies
have been read by me / to me and I have clearly understood those rules.
I hereby undertake that I shall abide by the rules and that any loss that my
part shall be made good by me. Failing which Government will be at full
liberty to proceed against me under the Revenue Recovery Regulations
in force and to recover the amount to Government on and all other dues
from me to Government on account of this hire from my moveable or
immovable properties.
Signature of Applicant
CERTIFICATE
I hereby certify that, to the best of my knowledge, the Statements
given above in the application are correct and the applicant is solvent.
Date .................................................................. Signature
Name & Designation

FOR DEPARTMENTAL USE

Orders of the Officer empowered to sanction the hire
Particulars of pump set hired.

Date of issue of'the pump

Date of return of the pump to the Departthent after use
Amount of hire charges realised and details of its
remittance to the Treasury
Signature of the Department Officer
 237

APPENDIX IX
Rules for the issue of Valuation Certificate required by Private
Boat Owners to assess the value of their Boats.
I. When a private boat owner wants to get the value of his boat
a_csessed, he may apply for the same to an Officer of the P.W.D. not below
the rank of an Assistant Engineer qualified in Mechanical Engineering,
having jurisdiction over the area enclosing a chalan receipt for Rs. 100 (Rs.
One hundred) remitted under the revenue head of the office held by such
officer.
2. The Valuation Officer shall issue a receipt to the applicant for the
valuation fee remitted in the form K.P.W. 3 and account for the receipt in his
Cash Book.
3. Valuation will be taken up only for the bonafide purpose of
applying for Government loans or for mortgaging the vessel to any Bank or
Co-operative Society. Such valuation may also be taken up for purpose of audit.
The necessity for the valuation should be clearly defined in the application.
4. The Valuation Officer shall keep registers of the valuation in his office
indicating the name of the boat assessed the details of the owner of the boat,
purpose of valuation, value assessed, details of valuation fee realised date of
issue of Valuation Certificate besides keeping a copy of the certificate issued
for record purposes.
5. The Valuation Certificate issued shall be in the Form Annexed.
 , 238

ANNEXURE
Draft Form of Valuation Certificate to Mechanised Vessels
SI.No.
1. Name of vessel
2. Name of owner
3. Description of Engine, such as make,
Engine No. BHP year of manufacture
etc.
4. Dimension of the Vessel
(a) Length
(b) Breadth
(c) Depth
5. Registered Tonnage
6. Year in which the vessel was built
7. Amount of valuation fees realised vide
Chalan No. and date of Government
Treasury
8. The purpose for which the Valuation
Certificate is applied for
9. Date of receipt of application for
Valuation Certificate
10. Date of commencement of valuation
11. Date of completion of valuation work
12. Name and designation of the officer
making the valuation
13. Assessed value of the vessel including
all accessories on board as on vide details
over leaf.
Station .........................
Date ................................................Signature and Designation of Officer
(To be printed on the reverse side of the form)
 239

lktatls olValuation Assessed Value

Rs. Ps.
I lull
Superstructure
3. Engine
4. I lie Save Equipments
5. Fire Fighting Equipments
6. Other Accessories
Total
Station
Date .. Signature of the Valuation Officer

APPENDIX X
Form of Lease Deed to be executed by Lessees of the Ferries
under the Public Works Department
[Para 320 Note (3) of Kerala Public Works Department Code
and G.O. (Rt) 3 70/75/PW dated 20-3-1975]
DRAFTAGREEMENT FORM
This indenture made this ................................... day of .......................
20 ..................... between the Governor of Kerala (hereinafter called 'the
Government') of the one Part and Shri ......................................................
residing at.............................................................and carrying on business as licensee,
(hereinafter called 'the Licensee' which expression where the context admits
shall include his heirs, executors, administrators, legal representatives and
permitted assigns) of the other Part.
Whereas the 'Licensee' bid at the public auction held on .....................
for the right to collect Tolls at ...................................... ferry during the
period of one year from 1st April, 20.................. to 31st March, 20 ........ and
the said bid was accepted by the Executive Engineer, Public Works
Department (Buildings and Roads) for and on behalf of the Government
............................... subject to the terms and conditions hereinafter
contained to which the licensee has also agreed.
Now this indenture Witneseth as follows:-

Scanned by CamScanner
 240

I. (1) The Government grants unto the licensee the sole and
exclusive licence and authority to collect tolls at ferry
mentioned in the Schedule - A, as ferry charges at the rates specified in
the Schedule - B hereto and not in excess thereof.
(2) The licence hereby granted shall be held and exercised
bythe licence for a period of one year from 1st April 20 ....... to 31
March 20 .....................
(3) The sum of Rs. ........ (Rupees .......................... only)
deposited by the licensee with the Department shall be treated as Security
for the due performance and observance by the licensee, of the terms
and conditions herein contained and to be performed and observed by the
licensee. The aforesaid deposit will carry no interest.
(4) The licensee shall pay to the Government the licence
amountin equal monthly instalment at Rs ............................... p
by 10th April, 20 and also such additional amounts as may be
fixed by the Government under Clause II (3) hereof in case the ferry
charges are increased by the Government.
II The licensee convenants with the Government as follows:-
(1) To take possession at his own cost on the 1st April, the ferry and
the other properties of the Government appurtenant thereto and keep and
maintain the same in good and sound condition and on expiry of the licence,
to hand them over to the subsequent licensee or to such person as may
be directed by the Executive Engineer, Public Works Department (B&R)
only to make such alterations and changes therein, as have been permitted
or approved by the Executive Engineer, Public Works Department (B&R)
Wing.
(2) To pay the sums of money hereinbefore mentioned at the time
and in the manner aforesaid, provided however that in case of default the
licensee shall -
(a) pay interest at the rate of 12 percent per annum of all
amounts not paid on the respective dates herein fixed for payment, from
the date on which such amount or amounts falls due for payment.
(b) make good to the Government any loss caused by a resale
or through departmental management or owing to default on his part to
fulfil all or any of the terms of this agreement.
 241
(3) To collect fees only at the rates mentioned in Schedule 13 or
as may be fixed by the Government from time to time and in all
cre demand is made, to grant receipts for such payments.
(4) In case of any disputes under this Deed to submit to the
decision of the Executive Engineer, P.W.D. (B&R) ............................
whose decision shall be final and legally binding on the licensee.
(5) To pay such higher amount as license fee as may be fixed
by the Government in case the ferry charges are increased under sub
clause (3) above.
(6) Not to assign, underlet or part with possession and benefit
of the said license or of the liberties and privileges hereby granted or any
part thereof without first obtaining the written consent of the Executive
Engineer P.W.D. (B&R) .................................
(7) To make his own arrangements for the safety of all
properties entrusted to the licensee.
(8) To keep the ferry approaches and the ferry always in neat
and sanitary condition to the satisfaction of the Execution Engineer, Public
Works Department (Buildings and Roads).
(9) Not to make or permit to be made under any circumstances
any alterations or additions to the buildings used as ferry sheds without
the previous consent in writing of the Executive Engineer, P.W.D. (B&R)
provided always that if the licensee is permitted to make
any alterations, the licensee shall not be entitled to any compensation
therefore or to remove the improvements made at any time.
(10) The licensee doth further convenient that he shall without
failure conform to all the rules prescribed from time to time for management
of ferries in the Department and conditions of sale published, and further
that in the event of any breach of rules or of any of the conditions of
licensee, he shall submit to the penalties therein prescribed.

III. The Government hereby convenants with the licensee, that the
licensee paying the sums of money hereinbefore mentioned, at the
respective times hereby fixed therefore, and performing and observing the
several convenants and stipulations herein on his part contained, shall
peaceably hold and enjoy the benefit of the said license and the liberties
and privileges hereby granted during the term without any interruption by
the department or any person claiming under or in trust for it.
 242
Iv. In the event of the licensee being guilty of breach or non
observance of any or all of the terms and conditions herein contained or
as set forth in the sale notification and on the part of the licensee to be
performed and observed, it shall be lawful for the Executive Engineer,
P.W.D. (B&R) in addition and without prejudice to the other rights and
remedies of the department consequent to such breach or non observance,
to terminate the license and to forfeit, the whole or part of the said Security
Deposit, recover all such costs, expenses or damages or loss which the
Government may suffer or be put to, by reason of the breach or non
observance by the licensee of such terms or conditions.
V. If the sum or sums of money hereby reserved or any part thereof
respectively remain in arrears for 15 days after the same have became
due and payable, whether lawfully demanded or not, or in case default is
made by the licensee in the performance or observance of any of the
covenants on his part to be performed or observed, then and in either of
the said cases it shall be lawful for the Government, in addition to and
without prejudice to the other rights and remedies, consequent on the
same by giving 7 days notice in writing sent to the licensee at his last
known place of residence, either by registered post or left there at, to
determine these presents and the license hereby granted shall immediately
cease and determine, but without prejudice to any right of action or remedy
of the department in respect of any previous breach of any covenant on
the part of the license herein contained and the licensee shall be responsible
for all loss or damage sustained by the department by reason of such
determination, but the licensee will not be entitled to participate in any
benefit that may accrue thereafter and without prejudice to any of the
forgoing provisions, the Executive Engineer or his nominee shall have the
power to take over the ferry and all the properties appurtenant thereto
and conduct the ferry departmentally or order resale of the same or to act
in such manner as the Government may deem fit and to recover from the
licensee all or any loss, damage or expense that the loss, damage or expense
that the department may suffer or be put to by the action aforesaid.

VI. It is hereby expressly agreed that all sums found due from the
licensee under or by virtue of these presents shall be realizable from the
licensee and his properties, movable and immovable under the provisions
of the Revenue Recovery Act for the time being in force as if such sums
were arrears of land revenue and in any other manner as the Government
may deem fit.
 243
Were enter Schedule A and Schedule Ii)
In witness thereof, the Executive Engineer, 1'.W.1). (I3&R) .........
Division for and on behalf of the Governor of Kerala and
............
the Licensee Shri ............................ (here enter name and address) have
hereunto set their hands and seals, the day, month and the year first above written.
signed, sealed and delivered by the above named in the presence of -
(1) ................................................................................................
(2) ................................................................................................
signed, sealed and delivered by the above named in the presence of -
(1) ................................................................................................
(2)
APPENDIX XI
[Vide Note under Paragraph 226]
THIS LEASE DEED is executed in this the .............................. day
of ...................... Two thousand.................................. between the Governor
of Kerala (hereinafter called "the Lessor") of the one part and Shri/
Stmt a g e d . . . . . . . . . . . son of/daughter of /wife of Shri
.......................... of............................. House ......................... Village
.......... Taluk .................. District / a Society/Bank registered
under the ........................................ Act and having its Registered Office at
....................................... (hereinafter called "the Lessee") of the other Part.
WHEREAS at the request of the Lessee the Lessor has in G.O. No
....................... dated .................................agreed to let the building owned by
the lessor bearing No................................... and more particularly mentioned
and described in the Schedule hereunder written for a period of
.......................... years from .................... on a monthly rent of
Rs..................... (Rupees .................... only) subject to the terms and
conditions hereinafter contained.
And whereas by way of security for the due fulfilment of the terms and
conditions of the lease by the lessee, the lessee has deposited a sum o f
Rs (Rupees only) with the lessor.
Now these presents witness as follows:-
1. In consideration of the rent herein reserved and of the convenants on
the part of the lessee hereinafter contained the lessor doth hereby
 244
demise unto the lessee by way of lease the building bearing No..........
more particularly mentioned and described in the Schedule hereto together
with the Water Supply, Sanitary and Electrical Installations to hold the
same for the purpose of for a period of c ommencing
from ...........................on a monthly rent of Rs ........................... the first
of such payment to be made on ................
2. The lessee covenants with the lessor as follows:-
(.) to pay the monthly rent of Rs ..............................in advance
on or before ....................... day of that month.
(ii) in addition to the monthly rent to pay all charges for electricity
and water consumed during the lease period and the meter hire charges
for water meter and electric meter payable from time to time during the
period of lease.
(iii) to keep the exterior and interior of the demised premises,
the drains, and soil and other pipes and sanitary and water apparatus and
electric fittings and fixtures thereof in good condition.
(iv) not to make or permit to be made under any circumstances
any alterations in or additions to the demised building.
(v) to use the demised premises only for the purposes for which
it is leased out, namely for the (Here enter the purpose) and for no other
purpose.
(vi) not to assign, sub-let, transfer or otherwise part with
possession of the leasehold or any part thereof.
(vii) at the expiration of the period of this lease or sooner
determination thereof as provided hereunder to peaceably and quietly
surrender to the lessor the leasehold in the same condition as it was handed
over to the lessee.
(viii) that in case or breach by the lessee of all or any of the
covenants on his part to be observed and performed, it will be competent
for the lessor to terminate the lease without reference to the period of
lease hereinbefore reserved and to retake possession of the building without
notice.
(ix) that it shall be lawful for the lessor to revise and refix the
lease rent herein reserved at the end of every three years and the lessee
is bound to pay the revised rent so fixed.
3. The lessor covenants with the lessee as follows:-
 245
(i) to pay all existing and future taxes including Property Tax,
id rent and other charges, if any, payable by the owner thereof. S
(ii) that the lessee paying the rent hereby reserved and observing
and performing each of the covenants and stipulations herein contained, may
peaceably hold and enjoy the demised premises during the lease period
without any interruption by the lessor.
(iii) to keep the premises in good repair during the period of the lease.
(iv) to repay to the lessee on the expiry of the period of lease or
sooner determination of Security Deposit of Rs ............................. or so
much part thereof as is found due to the lessee after the settlement of
accounts between the lessor and the lessee.
4. On the expiry of the term of ............................... for which the lease
is granted, it shall be open to the lessor to renew the lease or terminate the
same according to the convenience and pleasure of the lessor.
5. If either party desires to determine the present demise shall give to the
other party not less than three month's notice in writing of such desire, then
immediately on the expiration of such period, the present demise and
everything herein contained shall cease and be void, but without prejudice to
the rights remedies of either party against the other in respect of any
antecedent claim or breach of covenant.
6. Notwithstanding anything herein contained the lessor reserves the
right to terminate the lease at any time without assigning any reason and
without notice.
7. All sums found due to the lessor under or by virtue of this Deed shall
be recoverable from the lessee and his/her properties movable and immovable
under the provisions of the Revenue Recovery Act for the time being in
force as though such sums are arrears of Land Revenue and in such other
manner as the lessor may deem fit ......................................
In witness whereof Shri ........................................... for and on behalf
of the lessor and Shri ....................................... the lessee have hereunto set their
hands the day, month and year first above written.
SCHEDULE
(Here enter the description of the property)
Signed by Shri ....................................... for and on behalf of the lessor.
In the presence of witnesses:-
 246
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by Shri ................................. for and on behalf of the lessee.

In the presence of witnesses:-
1 ...............................................................................................
...............................................................................................

APPENDIX XII
BY THIS POWER OF ATTORNEY I, .......................... (Here enter
the name), aged............................... son of Shri ..............................Residing
at ........................... House, ......................... Village .............................
Taluk ..................................... District, do hereby appoint Messers
.............................. Limited incorporated under the .................. Act and
having its head office at as my attorney to act in my
name and on my behalf and do all or any of the acts or things hereinafter
mentioned or execute any document or deed in respect of the execution
of work of (Here enter the details of work)
undertaken by me under the agreement entered into by me with the
Government and executed on the day of one
t h o u s an d n i n e h u n d r ed an d (h er e i n af t er r ef e r r ed t o as
"the said agreement") and to receive payments due to me under the said
agreement other than those hereunder specified;
2. WHEREAS my said attorney has agreed to render help and
financial assistance to me in carrying out the execution of the said work
effectively;

3. AND WHEREAS to secure the interests of my said attorney in

the execution of the above work, the said Bank has requested me to
appoint it as my attorney for the purpose and subject to the terms and
conditions herein contained, to which I have agreed, I hereby authorize
my said attorney to act in my name and on my behalf and to do all matters
relating to the receipt of all payments due to me under the said agreement
other than payments of any kind hereunder specified. I hereby further
authorize my said attorney to receive any amounts due to me under the
terms and conditions of the said agreement and to receive payments of all
kinds of bills other than those specified hereunder for sums payable to
me under the said agreement in my name which bills will be accepted
and signed by me and to cash and receive the amounts thereof and
 247
appropriate such receipts to itself towards amounts spent by it or to be due to
it and all other moneys agreed to be payable to it under the arrangements
between us and to grant receipt on my behalf in respect thereof.
4. The security amount under the said agreement for the fulfilment of the
execution of the said work will be released to me and the retention amount to the
attorney holder when it becomes due for payment under the terms of the said
agreement and in accordance with departmental rules and procedure.
5. 1 authorise my said attorney to sue for, recover and receive the money
due in connection with the said agreement, to conduct or defend proceedings
in connection therewith and to take all steps necessary for the realisation of all
amounts due to me in this behalf under said agreement.
6. I hereby agree that I shall be bound by all that my said attorney does
in connection with the above work in pursuance of this Power of Attorney.
Any amounts paid by the Government to my said attorney shall be deemed to
have been paid to me personally and I will be absolutely liable for all or any
amounts paid to my attorney even in case where my attorney has not
accounted to me. •
7. I agree and declare that the responsibility to execute the work, and to
complete the same in accordance with the said agreement shall vest with me
and my liability will not be absolved or in any way affected by this Power of
Attorney.
8. I hereby agree that all acts, deeds and things done by my said
attorney shall be construed as acts, deeds and things done by me and I
undertake to ratify and confirm all and whatever that my said attorney shall lawfully
do or cause to be done for me by virtue of the power hereby given.
9. I hereby declare that this power of attorney and all powers
granted hereby will not be revoked till the whole of the said work is
completed under and in accordance with the terms of the said agreement and
until the complete settlement and disbursement of all claims in connection
therein.
10. IN WITNESS WHEREOF I have signed this power of attorney on
this the day of ........................ 20 ..............................
Signature ...............................
In the presence of witnesses:-
1.
2.
 248

APPENDIX X111
BY THIS POWER OF ATTORNEY 1, .......................
the name). aged .............................. son of Shri ......................
a t H o u s e , V i l l a g e T a l u k
District. do hereby appoint as my attorney to act in my name and on my
behalf and do all or any of the acts or things hereinafter mentioned or
execute any document or deed in respect of the execution of work
( H e r e e n t e r t h e d e t a i l s o f w o r k ) u n d e r t a k e n b y me
under the agreement entered into by me with the Government and
Two thousand nine
executed on the day of ............ T
hundred and ....................... (hereinafter referred to as "the said
agreement") and to receive payments due to me under the said agreement
other than those hereunder specified;
2. WHEREAS my said attorney has agreed to render help and
financial assistance to me in carrying out the execution of the said work
effectively;
3. AND WHEREAS to secure the interests of my said attorney in
the execution of the above work, the said Sri ................................... has
requested me to appoint him as my attorney for the purpose and subject
to the terms and conditions herein contained, to which I have agreed. I
hereby authorise my said attorney to act in my name and on my behalf
and to do all matters relating to the receipt of all payments due to me
under the said agreement other than payments of any kind hereunder
specified. I hereby further authorise my said attorney to receive any
amounts due to me under the terms and conditions of the said agreement
and to receive payments of all kinds of bills other than those specified
hereunder for sums payable to me under the said agreement in my name
which bills will be accepted and signed by me and to cash and receive the
amounts thereof and appropriate such receipts to himself towards amounts
spent by him or to be due to him and all other moneys agreed to be
payable to him under the arrangements between us and to grant receipt
on my behalf in respect thereof.
4. The security amount under the said agreement for the fulfilment
of the execution of the said work will be released to me and the retention
amount to the attorney holder when it becomes due for payment under
the terms of the said agreement and in accordance with departmental
rules and procedure.
5. I authorise my said attorney to sue for, recover and receive the
 249
111due in connection with the said agreement, to conduct or defend
proceedings in connection therewith and to take all steps necessary for
the realisation of all amounts due to me in this behalf under said agreement.
6. I hereby agree that I shall be bound by all that my said attorney
does in connection with the above work in pursuance of this power of
attorlleY. Any amounts paid by the Government to my said attorney shall
be deemed to have been paid to me personally and I will be absolutely
liable for all or any amounts paid to my attorney even in cases where my
attorney has not accounted to me.

7. I agree and declare that the responsibility to execute the work,

and to complete and the same in accordance with the said agreement
shall vest with me and my liability will not be absolved or in any way
affected by this Power of Attorney.
8. I hereby agree that all acts, deeds and things done by my said
attorney shall be construed as acts, deeds and things done by me and I
undertake to ratify and confirm all and whatever that my said attorney
shall lawfully do or cause to be done for me by virtue of the power hereby
given. .
9. I hereby declare that this Power of Attorney and all powers
granted hereby will not be revoked till the whole of the said work is
completed under and in accordance with the terms of the said agreement
and until the complete settlement and disbursement of all claims in
connection therewith.
10. IN WITNESS WHEREOF I have signed this Power ofAttorney
on this the .............................. day of
...... 20 .........................................
Signature of the executant
In the presence of witnesses:-
1. ......................................... (Here enter name and address)
2. ......................................... (Here enter name and address)

APPENDIX XIV
Form of Quotation Notice
No ...................................................
Quotation No ........................
Sealed quotation are invited for and on behalf of the Governor of
Kerala for the work of ............... The rates quoted should be for
the completion of the work ........ The necessary superscription,
 250

the due date and time for the receipt of quotation, the date up to which the
rates will have to remain firm for acceptance and the name and address
of Officer to whom the quotation has to be sent are noted below. Any
quotation received after the time fixed on the due date is liable to be
rejected. The maximum period required for completion of the work should
also be mentioned. Quotations not stipulating period of firmness are liable
to be rejected..
Drawings, Schedule of quantities, Specifications of work to be done
and conditions of contract to be entered into can be seen in the Office of
the undersigned on any working day during Office hours or purchased
f r o m t h e O f f i c e o n
payment of cost Rs per set. It shall be definitely understood
that the Government do not accept any responsibility for the correctness
or completeness of the schedule and that the schedule is liable to alteration
by omissions, deductions, or additions at the discretion of the competent
departmental Officer or as set forth in the conditions of contract. The
tenderer will however base the quoted amount in the case of lump sum
quotation, on the basis of those quantities etc.
The acceptance of the quotations will be subject to the following
conditions:-
(l) Acceptance of quotation constitutes a concluded contract.
Nevertheless, the successful tenderer must within a week/fortnight after
the acceptance of his quotation furnish 4% of the amount of contract as
security deposit and execute and Agreement at his own cost for the
satisfactory fulfilment of the contract.
(2) Withdrawal from the quotation after it is accepted or failure to
complete the work within a specified time or according to specification
will entail cancellation of the order and in such case execution of the
work shall be made by alternate arrangement at the offerer's expense.
Any loss incurred thereby shall be payable by the defaulting offerer besides
forfeitures of security deposit, if any, furnished. In such an event the
Government also reserve the right to remove the defaulters name from
the list of Government approved contractors /suppliers permanently or
for a specified number of years.
(3) No representation for the enhancement of rate once accepted
will be considered.
(4) Any 4ttempt on the part of tenderers or their agents to influence
the officers concerned in their favour by personal canvassing will disqualify
the tenderers.
 251

(5) The quotation may be for the entire or part execution of work.
But the tenderers should be prepared to carry out such portion of work
included in the quotation as may be allotted to them.
(6) Special conditions, if any, printed on the quotation sheets of the
tenderer or attached with the tender will not be applicable to the contract
unless otherwise stated.
Superscription : "Quotation No. for"
Due date and time for receipt of quotation.
Due date and time for opening of quotation.
Date up to which the rates are to remain firm for acceptance.
Designation and address of Officer to whom the quotation is to be
addressed.
Place: ..........................................................Designation
Date: ........................... For and on behalf of the Governor of Kerala

APPENDIX XV
Form of Short Quotation Notice
No .......................................................................... P.W.D.
SHORT QUOTATION NOTICE
Sealed quotations are invited for and on behalf of the Governor of
Kerala for execution of work ..............................................
The envelopes containing the quotation should bear the superscription
to " " and should be addressed " 1 5

intending tenderers may submit the quotations on their own papers.

Last date and time for the receipt of the quotation is ................
Late quotations will not be accepted.
The quotation will be opened at .......................................... on ............
in the presence of such of the tenderers or their authorised representatives
who may be present at that time. The maximum period required for the
completion of the work should also be mentioned.
Details of the work and the conditions governing the contract can be
obtained free on request from ...................... till ...........................
Place: ...................................... Name and Designation of Officer
D
ate' ................................For and on behalf of the Governor of Kerala
 252
GOVERNMENT OF KERALA
Abstract
Finance Department - Execution of works of Government
through agencies other than Public Works Department -
Guidelines -Issued
FINANCE (INI) & PW-B) DEPARTMENT
G.O. (P) No.408/2007/Fin. Dated, Tvpm, 7th September 2007

ORDER
A good number of Departments in Government are executing civil
works through agencies other than the Public Works Department such as
Kerala State Industrial and Technical Consultancy Organisation Limited,
Kerala Small Industries Development Corporation Limited, Kerala State
Warehousing Corporation, Nirmithi Kendra, Kerala State Construction
Corporation, Roads and Bridges Development Corporation of Kerala
Limited, Kerala State Police Housing Construction Corporation, Kerala
Agra Industries Corporation, Kerala Land Developfnent Corporation,
Kerala State Housing Board etc. However there are no clear guidelines
on this issue and consequently, financially imprudent decisions and
irregularities in entrusting such works are seen to be quite rampant. To
remove such irregularities and to have a uniform pattern for works
undertaken by agencies other than Public Works Department, Government
have decided to have general guidelines in this regard.
Accordingly Government are pleased to issue the guidelines as detailed
in the annexure to this Government Order for agencies other than Public
Works Department which are executing civil works as well as for the
Administrative Departments who are getting the works done through the
said agencies for compliance in future.

By order of the Governor,

ASHWINIKUMAR RAI
Secretary (Finance Expenditure)
 253
ANNEXURE
GUIDELINES TO BE FOLLOWED WHILE EXECUTING CIVIL
WORKS THROUGH AGENCIES OTHER THAN THE P.W.D.
(i) If a civil work is to be done for the Government (including for
Government
any of the Department) it can be taken up only with the approval
of the Government, communicated through a valid order
(administrative sanction) by the competent authority (i.e. HoD), depending on
the extent of delegated powers or the Government in all other cases).
Constructions, if any, will have to be on Government land and the asset
created will have to belong to Government. The executing agency shall
not contribute to the cost of construction work, unless the Administrative
Sanction specifically permits it.
(ii) If a work is being undertaken by the executing agency for any
other Public Sector Undertaking, Co-operative body, autonomous
institution, statutory undertaking, etc. there has to be a valid sanction by
the PSU, etc. who will be meeting the cost. The funds will also have to be
fully provided by such PSU, etc. Constructions, if any, will have to be on
land belonging to PSU etc. Such constructions will not be undertaken on
land belonging to or in the possession of the Government, unless there is
a specific Government order permitting this. The asset created will belong
to the PSU etc. The executing agency shall not contribute to the cost of
construction / work.
(iii) The executing agency shall not undertake constructions on their
own, using their own funds or funds of others, on land that belongs to or is
in the possession of the Government, including a Government Department,
unless there is a valid Government sanction for this, issued in consultation
with Finance Department.
(iv) The estimate for the construction for the Government must be
based on the latest State Public Works Department Schedule of Rates
(except in respect of Nirmithi Kendra in works where they do not follow
PWD SOR). The PWD SOR will be revised hereafter with effect from
April every year. Estimate shall not include any items such as "Tender
excess". "Cost of land" etc.
(v) If the executing agency is not inviting tenders and are undertaking
the work on their own without tenders, only the estimated amount will be
payable to the executing agency. Tender excess, contractor's profit, etc.
will not be payable.
 254

(vi) The centage charges / consultancy charges, etc. payable to the

executing agency shall not exceed 5% for works costing Rs. 5 crore or
more, 6% for works costing Rs. 3 crore or more but below Rs. 5 crore,
7% for works costing Rs. 50 lakh or more but below Rs. 3 crore and 8%
for works costing less than 50 lakh. The scope of work will include
preparation of rough cost estimate, design / architectural fees, preparation
of detailed estimate, tender documents and tender notices, evaluation of
tenders, supervision of construction, passing of bills etc. The percentage
as above shall apply to the estimate amount or the actual cost of
construction, whichever is lower. This should be shown separately in the
estimate while issuing Administrative Sanction. Service tax (currently
12.2%) on the charges / fees (and not on the project cost) can also be
paid.
(vii) Technical Sanction for civil works for the Government can be
issued by the executing agency, provided cost of the work (including
centage / consultancy charges) does not exceed the Administrative
Sanction amount by more than 15%. If the revised cost exceeds 15%
before TS is issued by the executing agency, revised A.S. should be issued
by the competent authority.
(viii)For giving tender excess, the power of executing agency will be
that of Chief Engineer as ordered by Government from time to time
(presently, 5% for works in excess of Rs. 1 crore). For approving tender
excess over and above such limits, approval of the Tender Committee in
Government must be taken. The Secretary to Government concerned
(from whose budget the expenditure is being met) shall move PWD
Secretary with the details as per pro forma prescribed by Public Works
Department. The Secretary to Government concerned will also be a
member of the Tender Committee, while considering such work.
(ix) These orders will apply to KITCO, SIDCO, Kerala State
Warehousing Corporation, Nirmithi Kendra, Kerala State Construction
Corporation, RBDCK, Kerala State Police Housing Construction
Corporation, Kerala Agro Industries Corporation, Kerala Land
Development Corporation, Kerala State Housing Board, *[Habitat
Technology Group], **[HLL Life Care Limited and Hindustan Prefab
Limited], ** * [Kerala State Coastal Area Development Corporation Limited
*G.O. (P) 423/09/Fin dated 1-10-2009
**G.O. (P) No. 486/10/Fin dated 13-9-2010
***G.O. (P) No. 241/10/Fin dated 19-4-2010
 255

0(scApc)] where they.execute work forthe Government or other Pais/

autonomous bodies..1 his will not apply when such agencies undertake their own
works utilizing their own funds or for works for agencies other than the State
Government and State Government PSUs, autonomous bodies etc. It will also
not apply in respect of works by PSUs (like KSCC) where the contract has been
awarded after participating in a competitive tender.
(x) These instructions shall apply only in respect of Administrative
Sanctions issued after 31-8-2007.
GOVERNMENT OF KERALA
Abstract
Public Works Department - Revision of PWD Schedule of rates
2008 - Modified - Orders Issued
PUBLIC WORKS (H) DEPARTMENT
G.a(RO No. 947/08/FWD. Dated, Tvpm, 28th June, 2008
Read:-1. G.O. (Rt) No. 527/08/PWD dated 17-4-2008
2. Letter No. CE/(Admn.)/PLA 20911/2007 dated 21-5-2008
from the Chief Engineer (Adorn.), PWD, Thiruvanantha
puram.
ORDER
As per the Government Order read above the Schedule of rates (SoR)
of both civil and electrical items in PWD has been revised w.e. f. 14-2008. The
labour rates however were not revised, The Chief Engineer (Adm.) in his letter
read as 2nd paper above has requested a minimum of 25% enhancement over
the labour rates to make the rates workable as per the current market trend.
2. Government have examined the matter in detail and are pleased to
accord sanction to revise the labour rates mentioned in Government Order read
as 1st paper by allowing 20% increase.
3. The revised rates will be applicable only to works that are
tendered from the date of this order.
4. The Government Order read above stands modified to the extent. By
order of the Governor
N. SUDARSANAN PILLAI,
Additional Secretary to Government
 256

GOVERNMENT OF KERALA
Abstract
Stores Purchase Department - Cost of Tender Forms - VAT charge..
able - Reduced - Amendments to para 21 (a) of Stores Purchase
Manual - Orders issued
STORES PURCHASE (A) DEPARTMENT
G. 0. (P) No. 1/2010/SPD. Dated, Tvpm, 17th February 2010.
Read:- 1. G. 0. (P) No. 540/2008/Fin. dated 1-12-2008.
2. G. 0. (P) No. 1/2009/SPD. dated 8-1-2009.
3. G. 0. (P) No. 31/2D10/Fin. dated 23-1-2010.
_ ORDER
In the Government order read as I' and 2"d papers above Government
have enhanced the cost of Tender forms for the works and supplies of all
Departments in Government with rate of VAT chargeable as 12.5%. Now
Government are pleased to order that the rate of Value Added Tax (VAT)
chargeable on the cost of Tender forms incorporated under para 21 (a) of
the Stores Purchase Manual will stand reduced from 12.5% to 4% with
effect from 23-1-2010.

By order of the Governor,

Dr. P. PRABAKARAN,
Additional Chief Secretary.