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State of Haryana - Section

Section 77 in Haryana Panchayati Raj Finance, Budget, Accounts, Audit, Taxation and Works Rules, 1996

77. Security deposits. [Section 209].

(1)Every subordinate or Cashier or Store-keeper of Panchayat Samiti or Zila Parishad, as the case may be, who shall be required to handle cash or stores, shall furnish security to be [depedning upon the amount likely to be handled] [Substituted for 'fixed' vide Haryana Government Notification No. G.S.R. 7/11/1994/S. 209/2002, dated 15.4.2002.] by the Executive Officer or Chief Executive Officer, as the case may be. The amount of the security shall be fixed according to the Government instructions as available in this behalf, failing which according to the circumstances and local conditions. When an official who has furnished security takes regular leave or is deputed to other duty the official who is appointed to officiate for him shall be required to furnish the full amount of security prescribed for the post, unless a competent authority, on valid reasons which must be recorded in writing, has authorised a relaxation of the rules regarding security applicable to his case.
(2)Whenever a private person or firm contracts to supply stores or execute a work, he or it shall, unless [on the cogent reasons] [Substituted for 'exempted' vide Haryana Government Notification No. G.S.R. 69/H.A. 11/94/S.209/2000, dated 19.10.2000.] by the Panchayat Samiti or Zila Parishad as the case may be, to do so, be required to give security for the fulfilment of his or its contract and a suitable provision regarding security shall be incorporated in the agreement.
(3)When any earnest money in cash is received alongwith tenders, it will be treated as deposit received by the Panchayat Samiti or Zila Parishad, as the case may be, and shall be brought to account immediately unless the Panchayat Samiti or Zila Parishad, with the sanction of the Government allows such money to remain in the custody of an official authorised by it in this behalf. In that case only sums tendered by the contractors whose tenders have been accepted shall eventually be brought to account. The earnest money received from contractors whose tenders have not been accepted, shall forthwith be repaid to them after obtaining proper acknowledgement. No interest will be paid by the Panchayat Samiti or Zila Parishad on deposits in cash. Security furnished in cash by an employee of a Panchayat Samiti or Zila Parishad or a contractor may be converted, at the cost of the depositor, into any of the interest-bearing securities:Provided that :
(i)the depositor has expressly requested in writing that this be done; and
(ii)the acceptance of the new form of security is permissible under the rules and under the terms of agreement or bond.
Notes :- (1) Cash actually received or recovered may be converted into an interest-bearing security even when it forms part of a deposit which is being paid in instalments and has not yet been realised in full.
(2)Percentage deductions made from a contractor's bills held as security for the due fulfilment of a contract shall not be converted into any other form of security unless there are special orders of the competent authority for such conversion.
(3)A security deposit taken from an employee of the Panchayat Samiti or Zila Parishad shall be retained for at least six months from the date when he vacates his post.
(4)Without special orders of the competent authority no security deposit shall be repaid or retransferred to the depositor or otherwise disposed of except in accordance with the terms of his security of agreement. When an interest bearing security is returned or retransferred the acknowledgement shall set forth full particulars of the security.
(5)The percentage deductions from bills held as security in connection with contracts to execute works shall not be refunded till the final bill has been prepared and passed.