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Rule 97
Procedure to get work done by Consumer Committee or Beneficiary Community
» (1) Notwithstanding anything else written in this regulation, construction work or related services estimated to cost up to one crore rupees, residents residing in the same place and consuming such service: Consumer Committee consisting of community only or It can be done or obtained from the beneficiary community.
(1a) The cost estimate mentioned in sub-rule (1) up to one crore rupees shall include the amount of value added tax, overhead contingency amount and public participation.
(2) For the purpose of sub-rule (1), the nature, quantity, amount of work or service concerned, the amount to be spent or to be spent by the consumer committee or the beneficiary community and other necessary matters shall be disclosed by the public body by publishing a public notice to solicit proposals or such committee or community. He can submit a proposal or petition himself.
(3) After receiving the proposal or application according to sub-rule (2), the relevant public body and such consumer committee or beneficiary community shall discuss, negotiate or visit the construction site as necessary and enter into a purchase agreement regarding such work or service. The following things should be mentioned in such agreement:-
(a) Nature of construction work or service, quantity, cost estimate, amount to be incurred by consumer committee or beneficiary community, period for completion of work or service,
(A1) The contribution to be made by the consumer committee or the beneficiary community in each work unit in the work with an estimated cost of more than sixty lakh rupees,
(b) Designing, preparing cost estimates, approving, giving technical advice, measuring, testing and providing other necessary technical assistance, supervision, quality control, of the related work by the public body. (c) construction works or services are completed or made available with the participation of public bodies and consumer committees or beneficiary communities,
(d) The operation or maintenance of the completed construction work should be done by the consumer committee or the beneficiary community,
(e) PublicAdvance amount to be made available by the body to consumer committee or beneficiary community,
(f) the terms and manner of payment for completed works or services, and
(G) Other essentials.
(4) When providing construction works or services to the consumer committee or the beneficiary community, payment shall be made only after deducting the value added tax, overhead contingency amount and public participation in the cost estimate as per clause (b) of sub-rule (3).
(5) After signing the purchase agreement according to sub-rule (3), the public body may advance up to a maximum of one-third of the contract amount to such committee or community. The last installment of the advance given by the public body should be completed before payment.
(6) The consumer committee or the beneficiary community shall submit the technical evaluation, bill, compensation and other documents proving the cost of each installment of work after being approved by the meeting of such committee or community and submitted to the relevant public body.
(7) The consumer committee or the beneficiary community shall post the information of the expenditure incurred in each installment in a public place and shall conduct a social audit within the prescribed period in accordance with the procedure prescribed by the Public Procurement Monitoring Office in relation to the work done by it.
(8) If the public body is unable to provide technical assistance to the consumer committee or the beneficiary community for the related work, the committee or community itself may appoint the necessary technical manpower for that work under contract. The remuneration to be given to the technician appointed in that way shall be paid from the contingency deducted by the public body. But such salary cost will not exceed three percent of the estimate.
(9) Heavy machines such as loaders, excavators, rollers, dozers, graders, bituminous distributors, and bituminous boilers cannot be used in the construction work conducted by the consumer committee or the beneficiary community. However, at the time of preparing the cost estimate, if it is mentioned that the work of a complex nature requires the use of heavy machinery, then the relevant PSuch a machine can be used after taking the consent of the public body on the recommendation of the expert.
(9A) If heavy machinery is found to be used contrary to the restrictive clause of sub-rule (9), the contract with such consumer committee or beneficiary community shall be cancelled.
(10) The work received by the consumer committee or the beneficiary community must be completed by itself and cannot be done by any builder or sub-contractor. If for some reason the committee or community cannot complete the work on time, the public body should be notified. After receiving such information, the public body shall carry out the necessary checks in this regard and terminate the contract with the said committee or community and carry out the rest of the work in accordance with the law and this regulation.
(11) After the completion of the construction work by the consumer committee or the beneficiary community, the technical staff assigned by the relevant public body shall pass the inspection of such work and submit to that body the details of the amount received from such body and the total expenses including labor, cash or goods incurred from public participation. The concerned public body shall prepare and record the work completed report in such a way that the details obtained and the names and positions of the persons and officials who carried out the survey, design, cost estimation, supervision and performance of the said construction work shall be disclosed.
(12) After the completion of the construction work according to sub-rule (11), the public body shall transfer the ownership of the project to the consumer committee or the beneficiary community.
(13) If it is found that the consumer committee or the beneficiary community has misused any amount received by them, the relevant public body shall investigate and collect such amount from the officials of the consumer committee in a similar manner as the government debt. It will be the duty of the Chief District Officer concerned to provide assistance to such agency in the recovery of such amount.
(13a) If a construction professional is found involved in any work procured by the consumer committee or the beneficiary community, the publicThe agency shall cancel the agreement with the said consumer committee or beneficiary community and recommend to the Public Procurement Monitoring Office to blacklist the construction business to do such work, keeping a record that such consumer committee or beneficiary community will not be allowed to do any such thing in the future.
(14) According to this rule, the Public Procurement Monitoring Office may determine the procedure to be adopted by the public body in relation to the following matters when the consumer committee or the beneficiary community works:-
(a) Determination of labour-intensive work,
(b) Constitutive methods and functions, duties and rights of consumer committees or beneficiary communities,
(c) how to improve economy, quality, sustainability in work or service,
(d) Keeping records of income and expenditure,
(e) supervision and monitoring of work or services,
(f) modification and inspection of construction works, and
(G) Other essentials.
(15) The consumer committee or the beneficiary community may determine the service fee to be paid by the consumer for using the service of the transferred project in accordance with sub-rule (12) and shall set up a fund to collect such fee and operate and maintain such construction work from the same fund.
(1a) The cost estimate mentioned in sub-rule (1) up to one crore rupees shall include the amount of value added tax, overhead contingency amount and public participation.
(2) For the purpose of sub-rule (1), the nature, quantity, amount of work or service concerned, the amount to be spent or to be spent by the consumer committee or the beneficiary community and other necessary matters shall be disclosed by the public body by publishing a public notice to solicit proposals or such committee or community. He can submit a proposal or petition himself.
(3) After receiving the proposal or application according to sub-rule (2), the relevant public body and such consumer committee or beneficiary community shall discuss, negotiate or visit the construction site as necessary and enter into a purchase agreement regarding such work or service. The following things should be mentioned in such agreement:-
(a) Nature of construction work or service, quantity, cost estimate, amount to be incurred by consumer committee or beneficiary community, period for completion of work or service,
(A1) The contribution to be made by the consumer committee or the beneficiary community in each work unit in the work with an estimated cost of more than sixty lakh rupees,
(b) Designing, preparing cost estimates, approving, giving technical advice, measuring, testing and providing other necessary technical assistance, supervision, quality control, of the related work by the public body. (c) construction works or services are completed or made available with the participation of public bodies and consumer committees or beneficiary communities,
(d) The operation or maintenance of the completed construction work should be done by the consumer committee or the beneficiary community,
(e) PublicAdvance amount to be made available by the body to consumer committee or beneficiary community,
(f) the terms and manner of payment for completed works or services, and
(G) Other essentials.
(4) When providing construction works or services to the consumer committee or the beneficiary community, payment shall be made only after deducting the value added tax, overhead contingency amount and public participation in the cost estimate as per clause (b) of sub-rule (3).
(5) After signing the purchase agreement according to sub-rule (3), the public body may advance up to a maximum of one-third of the contract amount to such committee or community. The last installment of the advance given by the public body should be completed before payment.
(6) The consumer committee or the beneficiary community shall submit the technical evaluation, bill, compensation and other documents proving the cost of each installment of work after being approved by the meeting of such committee or community and submitted to the relevant public body.
(7) The consumer committee or the beneficiary community shall post the information of the expenditure incurred in each installment in a public place and shall conduct a social audit within the prescribed period in accordance with the procedure prescribed by the Public Procurement Monitoring Office in relation to the work done by it.
(8) If the public body is unable to provide technical assistance to the consumer committee or the beneficiary community for the related work, the committee or community itself may appoint the necessary technical manpower for that work under contract. The remuneration to be given to the technician appointed in that way shall be paid from the contingency deducted by the public body. But such salary cost will not exceed three percent of the estimate.
(9) Heavy machines such as loaders, excavators, rollers, dozers, graders, bituminous distributors, and bituminous boilers cannot be used in the construction work conducted by the consumer committee or the beneficiary community. However, at the time of preparing the cost estimate, if it is mentioned that the work of a complex nature requires the use of heavy machinery, then the relevant PSuch a machine can be used after taking the consent of the public body on the recommendation of the expert.
(9A) If heavy machinery is found to be used contrary to the restrictive clause of sub-rule (9), the contract with such consumer committee or beneficiary community shall be cancelled.
(10) The work received by the consumer committee or the beneficiary community must be completed by itself and cannot be done by any builder or sub-contractor. If for some reason the committee or community cannot complete the work on time, the public body should be notified. After receiving such information, the public body shall carry out the necessary checks in this regard and terminate the contract with the said committee or community and carry out the rest of the work in accordance with the law and this regulation.
(11) After the completion of the construction work by the consumer committee or the beneficiary community, the technical staff assigned by the relevant public body shall pass the inspection of such work and submit to that body the details of the amount received from such body and the total expenses including labor, cash or goods incurred from public participation. The concerned public body shall prepare and record the work completed report in such a way that the details obtained and the names and positions of the persons and officials who carried out the survey, design, cost estimation, supervision and performance of the said construction work shall be disclosed.
(12) After the completion of the construction work according to sub-rule (11), the public body shall transfer the ownership of the project to the consumer committee or the beneficiary community.
(13) If it is found that the consumer committee or the beneficiary community has misused any amount received by them, the relevant public body shall investigate and collect such amount from the officials of the consumer committee in a similar manner as the government debt. It will be the duty of the Chief District Officer concerned to provide assistance to such agency in the recovery of such amount.
(13a) If a construction professional is found involved in any work procured by the consumer committee or the beneficiary community, the publicThe agency shall cancel the agreement with the said consumer committee or beneficiary community and recommend to the Public Procurement Monitoring Office to blacklist the construction business to do such work, keeping a record that such consumer committee or beneficiary community will not be allowed to do any such thing in the future.
(14) According to this rule, the Public Procurement Monitoring Office may determine the procedure to be adopted by the public body in relation to the following matters when the consumer committee or the beneficiary community works:-
(a) Determination of labour-intensive work,
(b) Constitutive methods and functions, duties and rights of consumer committees or beneficiary communities,
(c) how to improve economy, quality, sustainability in work or service,
(d) Keeping records of income and expenditure,
(e) supervision and monitoring of work or services,
(f) modification and inspection of construction works, and
(G) Other essentials.
(15) The consumer committee or the beneficiary community may determine the service fee to be paid by the consumer for using the service of the transferred project in accordance with sub-rule (12) and shall set up a fund to collect such fee and operate and maintain such construction work from the same fund.