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Rule 113
Arrangements for advance payment and disbursement
“(1) Section 52A of the Act to suppliers, builders or service providers. Submissions can be made as stipulated in the purchase agreement.
(2) The supplier, builder or service provider shall regularly provide the public body with the bank account in which the advance amount given as per sub-rule (1) has been deposited and the monthly statement revealing the purpose of the expenditure.
(3) A bank guarantee issued by a commercial bank and such a bank guarantee issued by a foreign bank in such a way as to collect such advance amount from the supplier, builder or service provider when making a submission in accordance with sub-rule (1) and if he does not act according to the agreement, the said entity shall immediately pay to such entity upon request. If it is done, the commercial bank within Nepal will have to take a counter guarantee and give an advance.
(4) The valid period of the bank guarantee as per sub-rule (3) should be at least one month longer than the period for which the advance mentioned in the purchase agreement should be extended.
(5) The advance given by the public body as per sub-rule (1) shall be deducted from every running bill or other bill as mentioned in the purchase agreement.
(6) If the supplier, builder or service provider does not perform the work according to the purchase agreement within the time period mentioned in the contract, if the payment in accordance with this rule cannot be made, the public body shall receive the amount of the bank guarantee as per sub-rule (3) from the relevant bank and pay the payment from him One hundred and ten percent interest will also have to be charged.
(7) When a public body withdraws the goods through a bill of exchange, it shall withdraw the advance amount within thirty days from the date of receipt of the goods at its office.
(8) In case of non-availability of the goods from the supplier concerned or if the goods cannot be received within the stipulated time for providing the goods, generally the promissory note should be canceled and for that reason the amount deposited in the bank should be withdrawn and the advance amount for opening the promissory note should be withdrawn.