Section 134 in Haryana Panchayati Raj Finance, Budget, Accounts, Audit, Taxation and Works Rules, 1996
134. Manner of execution of works, calling of tenders, quotations and contract agreement. [Section 209.]
(1)(a)Before undertaking the execution of any work, a Gram Panchayat or Panchayat Samiti or a Zila Parishad, as the case may be, will first decide whether it would itself executive the work or get it done as deposit work through a contractor upto power of administrative approval vested in them as per Schedule 'A'. Beyond this power the work will be got executed through Engineering Wing Panchayati Raj of the Development Department. All the account shall be maintained by the respective authorities as per departmental register in Form LVIII and tender register Forms LIX and LX.(b)The tenders will be called/invited and dealt with by the authorities in the manner given in Schedule 'B'.(2)(a)When a tender has been accepted under the rules an agreement on a form prescribed in sub-para (1) of para 7.3 of manual of orders of the Public Works Department, Building and Roads Branch, Punjab will be entered into between the contractor and the Panchayati Raj Institution concerned. The earnest money deposited by the contractor for the due performance of the contract shall be treated as part of his security which will be deducted from his running bills progressively at the rate of 10 per cent of the amount of work done. In the case of works amounting to more than Rs. 1.00 lac, the security shall be deducted at the rate of 10 per cent for first one lac of payments and thereafter it may be deducted at the reduced rate of 5 per cent. The amount of earnest money received by the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, Panchayati Raj institution as also the amount deducted from the running bills shall be deposited in the local post office/bank/duly pledged in the name of the Sarpanch, Chairman, Panchayat Samiti, President, Zila Parishad or Executive Engineer concerned.(b)The security deposited under the provisions of clause (a) above shall be retained for three months after the completion of the work and shall then by an express order of the Gram Panchayat Samiti, Zila Parishad, or Executive Engineer, concerned be refunded to the contractor unless in the meantime his work has been found to be defective or not upto specifications and the contractor has not remedied such defects or has failed to bring the work upto specifications, in which case such security or sum deducted shall be retained until such defects or failure has been remedied by the contractor, or by any other agency chosen by the Panchayati Raj institution concerned at the cost of original contractor. A record of the deposits made either in cash or by deduction from running bills as also of all the payments of deposits shall be kept in Gram Panchayat/Panchayati Samiti/Zila Parishad office/Executive Engineer, office in deposit register in Form LXXII, as the case may be.
