Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA MUNICIPALITIES (PREPARATION OF PLANS AND ESTIMATES AND EXECUTION OF MUNICIPAL WORKS) RULES, 1966 CONTENTS PART 1 :- General 1. Title 2. Definitions PART 2 :- Preparation of Plans and Estimates 3. Authority directing the preparation of Plans and estimates 4. Preparation of plans and estimates 5. Rates to be followed for estimates 6 . Consultation with other Institutions or Departments of Government 7. Estimates to be accompanied by certain statements 8. Technical sanction PART 3 :- Sanction of Plans and Estimates 9. Sanction of Plans and Estimates 10. Every estimate to bear an endorsement 11. Deviation from original estimates 12. Revised estimates or supplemental estimates to be prepared whenever necessary 13. Check Measurements 14. Charges for check-measurement 15. Register of Estimates PART 4 :- Execution of Municipal Works 16. Application of the Part 17. Execution of works 18. Mode of execution of works 19. Municipal Engineer to supervise work 20. Tenders 21. Security deposit 22. Agreements from contractors 23. Measurement of work 24. Completion report KARNATAKA MUNICIPALITIES (PREPARATION OF PLANS AND ESTIMATES AND EXECUTION OF MUNICIPAL WORKS) RULES, 1966 In exercise of the powers conferred by clause (i) of sub-section (2) of Section 323 and Section 366 of the Karnataka Municipalities Act, 1964, (Karnataka Act 22 of 1964), the Government of Karnataka, hereby makes the following rules the draft of the same having been published as required by sub-section (1) of Section 323 of the said Act in Notification No. PLM 10 MLR 65, dated 25th November, 1965, published as GSR NP 744, in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 2nd December, 1965, namely PART 1 General 1. Title :- (1) These rules may be called the Karnataka Municipalities (Preparation of Plans and Estimates and Execution of Municipal Works) Rules, 1966. (2) They shall apply to all Municipal Works both original works and repairs, which are partly or wholly constructed out of Municipal funds. 2. Definitions :- In these rules, unless the context otherwise requires. (a) "Act" means the Karnataka Municipalities Act, 1964 ; (b) "Estimates" include estimates for original works and repairs; (c) "Form" means a form appended to these rules; (d) "Original Works" and "Repairs" shall have the meaning assigned to them in the Departmental Code of the 1 [Public Works, Command Area Development and Electricity Department] of the State Government; (e) "Section" means a section of the Act. 1. Substituted for the expression "Public Works Department" by GSR 79, dated 11-3-1987 PART 2 Preparation of Plans and Estimates 3. Authority directing the preparation of Plans and estimates :- The preparation of the plans and estimates in respect of any work shall be undertaken under the direction of the Municipal Council or such other authority competent to accord sanction to the execution of such work. 4. Preparation of plans and estimates :- All plans and estimates for works to be executed partly or wholly out of Municipal fund and undertaken by, or on behalf of a Municipal Council may be got prepared. (a) by the 1[Public Works, Command Area Development and Electricity Department of Government or the Directorate of Municipal Administration] or such agency specified by the Government under sub-section (1) of Section 366 of the Karnataka Municipalities Act, 1964 at the request of the Municipal Council, if the work is to be executed by that Department or such agency; or (b) in respect of a Municipal Council where there is a Municipal Engineer, by or under the supervision of the Municipal Engineer; (c) in respect of a Municipal Council where there is no Municipal Engineer by or under the supervision of the highest engineering subordinate employed by the Municipal Council; (d) in respect of a Municipal Council where there is no Municipal Engineer or engineering subordinate, by such officer who may be entrusted by the Municipal Council with the preparation of plans and estimates; (e) in respect of a Municipal Council where there is no officer referred to in sub-rules (b), (c) and (d) the plans and estimates shall be prepared by the Assistant Engineer of the 2 [Public Works, Command Area Development and Electricity Department or by the Engineering section of the Directorate of Municipal Administration] within whose jurisdiction the Municipality is situate on payment of the centage charges levied under the orders of Government, from time to time. 1. Substituted for the words "Public Works Department of Government" by GSR 79, dated 11-3-1987. 2. Substituted for the words "Public Works Department" by GSR 79, dated 11-3-1987 5. Rates to be followed for estimates :- The appropriate authority referred to in Rule 4 shall prepare the estimates on the basis of the schedule of rates sanctioned by the Municipal Council for the year; and where there is n6 sanctioned schedule of rate, the appropriate authority shall prepare the estimates on the basis of the schedule of rates applicable to the execution of works in the sub-division of the 1 [Public Works, Command Area Development and Electricity Department] having jurisdiction over the area. 1. Substituted for the expression "Public Works Department" by GSR 79, dated 11-3-1987. 6. Consultation with other Institutions or Departments of Government :- Where the preparation of plans and estimates for Municipal works relates to or is connected with any institution or department of Government other than Public Works Department such institution or department of Government may be consulted in the preparation of the plans and estimates by the appropriate authority referred to in Rule 4. 7. Estimates to be accompanied by certain statements :- Estimates for works shall be drawn up in Form 1 and shall consist of a detailed statement of items of works to be executed with quantities, unit, rate, total amount for each item and an abstract showing the estimated cost of each sub-head including contingencies. Details of the work charged establishment should also be prepared and appended to the detailed estimate. 8. Technical sanction :- (1) No plan or estimate relating to any original work costing more than 1[two thousand] rupees shall be placed before the Municipal Council nor shall the execution of such work be commenced except after technical sanction by an Officer of the 2[Public Works, Command Area Development and Electricity Department or the Directorate of Municipal Administration] or a Municipal Engineer or an Engineering subordinate of the Municipal Council. 3 [(2) x x x x x.] (3) A Municipal Engineer or an Engineering subordinate employed by a Municipal Council specified in column (1) of the table below shall be competent to accord technical sanction of plans and estimates of works me estimated cost of which is indicated in the corresponding entry in column (2) thereof. 1. Substituted for the words "Five hundred" by GSR 79, dated 11- 3-1987 2. Substituted for the words "Public Works Department" by GSR 79, dated 11-3-1987 3. Sub-rule (2) omitted by GSR 79, dated 11-3-1987 PART 3 Sanction of Plans and Estimates 9. Sanction of Plans and Estimates :- 1 [(1) A Town Municipal Council may sanction estimate not exceeding one lakh rupees in value in each case. Where the estimates exceed one lakh rupees but does not exceed two lakh rupees, the sanction of the Deputy Commissioner shall be obtained where the estimate exceed, two lakh rupees, but does not exceed ten lakh rupees, the sanction of the Director of Municipal Administration shall be obtained.] [(2) x x x x x.] [(3) In respect of the works taken up from its own funds a CMC may sanction estimates not exceeding five lakh rupees. Where the estimates exceed five lakh rupees but does not exceed ten lakh rupees, the sanction of the Director of Municipal Administration shall be obtained. Where the estimates exceed ten lakh rupees the sanction of the Government shall be obtained. (4) In respect of the works taken up from its own funds a TMC may sanction estimates not exceeding one lakh rupees where the estimates exceeds one lakh rupees but does not exceed five lakh rupees, the sanction of the Deputy Commissioner shall be obtained. Where the estimate exceeds five lakh rupees but does not exceed ten lakh rupees sanction of the Director of Municipal Administration estimate exceeds ten lakh rupees shall be obtained. Where the sanction of the Government shall be obtained.] 1. Substituted for the expression "Public Works Department" by GSR 79, dated 11-3-1987 10. Every estimate to bear an endorsement :- (1) Save as otherwise provided, no work shall be executed without the prior approval of the plans and estimates by the Municipal Council or other Competent Authority. (2) On the estimate for each work, the sanction accorded by the Competent Authority shall be noted in, red ink and the same shall be countersigned by the Municipal Commissioner or Chief Officer, as the case may be: Provided that in the case of any work undertaken out of grants received from Government, or other sources the relevant classification of the work shall be noted in the estimate. 11. Deviation from original estimates :- No deviation except that involving a cost of not more than 1 [two thousand and five hundred rupees] shall be made from the original plans and estimates without the sanction of the Municipal Council or other authority which approved the original estimates and without technical sanction by the appropriate authority. 1. Substituted for the expression "Public Works Department" by GSR 79, dated 11-3-1987 12. Revised estimates or supplemental estimates to be prepared whenever necessary :- (1) A revised estimate shall be prepared whenever the original estimate is likely to be exceeded by- more man [Two thousand five hundred rupees or eight per cent of the original estimate whichever is less] or where a change of design or plan is proposed or for renewal of a work which had been abandoned after partial execution. The revised or supplemental estimate shall always be accompanied by a comparative statement in Form 2. (2) The revised estimate prepared under sub-rule (1) shall be submitted to the Municipal Council or other Competent Authority and sanction obtained. (3) Every additional item of work which is not contingent on the proper execution of the work as first sanctioned and which is subsequently found to be necessary shall be covered by a supplemental estimate and shall be supported by a full report of t h e circumstances which rendered such work necessary. The supplemental estimate shall be placed before the Municipal Council or other Competent Authority and sanction obtained to it. (4) No revised or supplemental plan and estimate shall be brought up before the Municipal Council or other Competent Authority without technical sanction by the appropriate authority. 13. Check Measurements :- (1) Every Municipal work executed shall be check-measured by the appropriate authority referred to in sub-rule (2). (2) In the case of Municipalities in which there is no Municipal Engineer and where the cost of work does not exceed [twenty five thousand] rupees the check-measurement of the work executed shall be done by the Municipal Commissioner or, the Chief Officer, as the case may be, or some other officer specially authorised by the Municipal Council in this regard. Where the cost of the work exceeds [twenty five thousand] rupees the check measurement shall be done by such authority in the [Public Works, Command Area Development and Electricity Department] as is empowered to check measure work executed for Government. 14. Charges for check-measurement :- Where check-measurement under Rule 13 is done by an officer of the Government in the [Public Works, Command Area Development and Electricity Department], centage charges shall be payable by the Municipal Council to the 1 [Public Works, Command Area Development and Electricity Department] at such rates as may be determined by Government from time to time. 1. Substituted for the expression "Public Works Department" by GSR 79, dated 11-3-1987 15. Register of Estimates :- All estimates sanctioned by the Competent Authority shall be entered in a register of sanctioned estimates in Form 3, separate pages being set apart for works falling under different heads such as, original works, repairs, grant-in-aid works. Whenever revised or supplemental estimates are sanctioned the fact shall be noted against the original entry with the relevant authority sanctioning these estimates. PART 4 Execution of Municipal Works 16. Application of the Part :- The provisions contained in this part shallapply in respect of works of the Municipal Council executed in accordance with S.366(2) of the Karnataka Municipalities Act, 1964. 17. Execution of works :- Execution of Municipal works shall not be authorised by any authority unless detailed plans and estimates have been prepared and approved, provided works costing not more than one hundred rupees in the case of a Town Municipality and two hundred rupees in the case of a City Municipality may be executed without such preparation and approval of detailed plans and estimates. (2) No work shall be commenced until necessary funds have been specifically allotted therefor in the budget: Provided that emergent works may with the approval of the Municipal Commissioner or Chief Officer, as the case may be, be commenced in anticipation of sanction of the Competent Authority regular plans and estimates being submitted to the said authority and sanction obtained at the earliest possible date, and the action taken under mis proviso being reported to the Municipal Council at its next meeting. 18. Mode of execution of works :- All works shall be executed either by contract or departmental agency of the Municipal Council. 19. Municipal Engineer to supervise work :- (1) The Municipal Engineer of the Municipal Council shall be in direct charge of the works executed by the Municipal Council. (2) The Municipal Engineer shall, in the execution of such works exercise the same powers as officers of the corresponding rank in the 1 [Public Works, Command Area Development and Electricity Department.] (3) In case where a Municipal Council has not got the required engineering staff, the work may be got executed by the Chief Officer or by such officer authorised by the Municipal Council, where the estimated cost of work does not exceed five thousand rupees and where the cost exceeds five thousand rupees the work may be got executed by the officers of the Public Works Department. 1. Substituted for the expression "Public Works Department" by GSR 79 dated 11-3-1987 20. Tenders :- (1) Subject to the provisions of Section 72 of the Karnataka Municipalities Act, 1964 and s.347 of the Karnataka Municipalities Act, 1964 and these rules the Municipal Commissioner or Chief Officer as the case may be shall invite tenders for every contract for the execution of a work and supply of material required for the execution of such work the estimated cost of which exceeds five hundred rupees. (2) Tenders in duplicate in sealed covers shall be invited by the Municipal Commissioner or Chief Officer in an open and public manner by advertisement in the local newspapers. (3) Every notice by advertisement shall state. (a) when and where the contract documents can be seen; (b) when and where the tenders are to be submitted and opened; (c) the amount of earnest money to accompany the tender and the nature of security required in case the tender is accepted; (d) the authority competent to accept the tender and that such authority shall have the right to reject any or all of the tenders received without assigning any reasons; (e) that the amount of earnest money shall be forfeited if a tenderer withdraws his tender without valid reasons; (f) that the earnest money deposit does not bear any interest; (g) that the rates shall be entered item-wise both in figures and words in both the copies and all corrections are attested. (4) The Municipal Council may collect such fees as it may specify for tender and agreement forms that may be supplied to the contractors. 21. Security deposit :- Where a tender has been accepted and the work is entrusted to a contractor a security equal to seven and half per cent of the total estimated cost shall be taken from such contractor for the due fulfilment of the contract, subject to recovery as follows. two and half per cent of the estimated cost as earnest money deposit at the time of tender; five per cent of the estimated cost at the time of payment of work bills. 22. Agreements from contractors :- For the fulfilment of a contract, an agreement on a duly stamped paper shall be obtained from a contractor in the case of works costing more than five hundred rupees in the case of a City Municipal Council and two hundred rupees in the case of a Town Municipal Council. 23. Measurement of work :- All measurements of work done (whether by means of daily labour, contract or materials received or issued) shall be recorded in a measurement book in Form 4 which shall be maintained by the engineering subordinate or other officer of the Municipal Council required to take measurements: Provided that separate measurement books shall be maintained for metalled roads as distinguished from other works. 24. Completion report :- When a work is completed a completion report shall be prepared in Form 5 by the Municipal Engineer, Municipal Commissioner or Chief Officer, as the case may be to the effect that the work has been satisfactorily completed in accordance with the sanctioned plan and estimate. In case of contract works the final bill shall, not be paid without the completion report.