OFFICE MEMORANDUM NO. DGWMAN180 ISSUED BY AUTHORITY OF DIRECTOR by DerekSchouman

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									OFFICE MEMORANDUM NO. DGW/MAN/180 ISSUED BY AUTHORITY OF DIRECTOR GENERAL OF WORKS NIRMAN BHAWAN, NEW DELHI DATED: 18.05.09

Subject: Observation of CVC regarding alleged mis-appropriation of public funds by Horticulture Divisions by exercising unrestricted powers in the back drop of Circular No. CE/Acctt/599 dated 23.6.86 and definition of works may be taken up by CPWD under emergency situation. The Central Vigilance Commission expressed its serious concern over the unrestricted powers exercised by Dy. Director of various Horticulture Divisions in the back drop of the above mentioned Circular dated 23.6.86 to make local purchases of pots, manure and plants etc., without following any annual ceiling under the local purchases. In this regard, it is clarified that i) The Circular No. CE/Acctt./599 dated 23.6.86 had ceased to exist and is no more in existence after publication of CPWD Works Manual 2007. ii) It is obligatory on all the Wings of CPWD such as Civil, Electrical, Horticulture and Architectural Wings to follow the provisions of CPWD Works Manual 2007 including up to date amendments issued from time to time. iii) Financial powers of CPWD Officers of all Wings to make local purchases shall be governed by the provisions of CPWD Works Manual 2007 and O.M. No. DGW/MAN/153 dated 17.3.08. iv) Any violation to the provisions of CPWD Works Manual 2007 including subsequent amendments as carried from time to time shall attract penal action against Officers of CPWD of any Wing. 2) The Central Vigilance Commission has also desired to provide a clear definition of emergency in the CPWD Works Manual so as to avoid ambiguity. Therefore, provisions of CPWD Works Manual under para 2.2 of Section 2 are modified as under:Para Existing provisions No.
2.2 Works of inescapable nature (Ref. Rule 129(2) of GFR-2005)

Modified provisions
Works of inescapable nature (Ref. Rule 129(2) of GFR-2005) Various works of inescapable nature can be classified under two categories as under:-

The Chief Engineer shall declare works of inescapable urgency as ‘urgent/ emergency work’ in a judicious manner depending upon the gravity of the situation. This may arise due to a natural

Emergency Works:Emergency works are those kinds of works which arise all of sudden and are inescapable requiring immediate action that cannot brook any delay. Emergency

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calamity, civil disturbances, or exigencies that cannot brook any delay. In case of ‘urgency’ or ‘emergency’, the work may be executed in absence of any or all of the above mentioned prerequisites. On receipt of such written order of the competent authority in each case, the Executive Engineer/Assistant Engineer shall proceed to carry out the necessary work, and shall immediately intimate the AO concerned that he is incurring such a liability, stating therein the approximate amount of liability that he is likely to incur. The Executive Engineer/Assistant Engineer should obtain the administrative approval and expenditure sanction and accord of technical sanction of the competent authority to regularise the liability as early as possible.

works may be taken up by CPWD under following situations:Earth quakes. Blizzards Hurricanes/lightening Tornados Tsunami waves Floods Explosions/Arson Fire War Sudden collapse of building, bridge XI) Terrorist attack XII) Mass strike affecting civic services such as water, sewer and power supply XIII) Ceremonial functions at the time of death of President/Ex President, Vice President/Ex Vice President and Prime Minister/Ex Prime Minister. XIV) Spread of epidemic XV) Works required to maintain law and order in abnormal situations XVI) Restoration of services in Parliament, President/ Vice President House/ Prime Minister House and other Buildings of National importance and prestige. XVII) Restoration of services in case of accidents XVIII) Any work declared emergent by Chief Engineer in case the interest of work so demands In case of emergency, the work may be executed in absence of any or all of the above mentioned pre-requisites. On such aforesaid situations or on receipt of such written order of the Chief Engineer in case any work declared emergent by him, the Executive Engineer/Assistant Engineer shall proceed to carry out the necessary work, and shall immediately intimate the AO concerned that he is incurring such a liability, stating therein the approximate amount of liability that he is likely to incur. The Executive Engineer/Assistant Engineer should obtain the administrative approval and expenditure sanction and accord of technical sanction of the competent authority to regularise the liability as early as possible. I) II) III) IV) V) VI) VII) VIII) IX) X)

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Urgent Works:The urgent works need not to be treated as par with the works to be taken up under emergency situations. Urgent works may be defined as those kinds of works which requires fast start/completion within compressed schedule and are to be taken up on top most priority at the instructions of competent authority. Under such situation availability of funds needs to be ensured before taking up execution of works. Urgent works can be taken up at specific request of user department with prior in principle approval of CPWD officers competent to approve the work order to be issued to take up such works if work is to be executed through work order. Chief Engineer shall be final authority to approve the execution of urgent works.

The financial powers under emergency and urgent situation should be exercised with great caution after watching the financial interest of Government.

Superintending Engineer (C&M) Issued from file No. CSQ/CM/C/16(1)/2008 Copy as per mailing list

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