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Rule 19 - Building Dismantlement | KartavyaDesk

DFPR 1978delegation

Original Rule Text

Conditions: (i) No public building shall be dismantled unless it has been previously ascertained that it is not required by any other Department of the Government of India. (ii) No public building shall be demolished unless it is structurally in a dangerous condition or it is beyond economic repairs and has been certified as such by appropriate technical authority or it is necessary to vacate the site for constructing a more important Government building or structure. (iii) A public building, the dismantlement of which is sanctioned in exercise of the power conferred by this rule, shall be disposed of by public auction through the Central Public Works Department or the local Public Works Department in areas where the Central Public Works Department does not operate unless specific prior approval of the Competent Authority is taken for disposal of buildings to an identified party. (iv) The Departments or Ministries of the Government of India and Administrators shall have full powers to sanction dismantlement of purely temporary structures.

What This Means

Rule 19 of the Delegation of Financial Powers Rules, 1978, deals with the dismantlement and demolition of public buildings. Essentially, it sets out the conditions under which a government department can take down a building. Before any building is taken down, the rule mandates that it must be confirmed that no other government department needs it. This prevents the unnecessary loss of usable government assets. Further, demolition is only allowed if the building is structurally unsafe, beyond repair, or if the land is needed for a more important government project.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Dismantlement requires confirmation that no other department needs the building.
  • •Demolition is permitted only if the building is dangerous, beyond repair, or the site is needed for a more important project.
  • •Dismantled buildings must be disposed of through public auction (usually via CPWD or local PWD).
  • •Departments have full powers to dismantle purely temporary structures.
  • •Prior approval from the Competent Authority is needed for disposal of buildings to a specific, identified party instead of public auction.

Practical Example

The Ministry of Urban Development wants to demolish an old office building in Delhi. Before they can proceed, they must first circulate a notice to all other government departments to ensure that no other ministry or department requires the building for their use. After receiving confirmation that no other department needs the building, the Ministry finds that the building is not structurally dangerous but requires extensive repairs costing ₹50 lakhs. An appropriate technical authority certifies that the repairs are not economically viable. Therefore, the Ministry can proceed with the demolition. The salvaged materials from the building must then be disposed of through a public auction conducted by the CPWD. However, if a local NGO offers to purchase the building materials for a specific community project, the Ministry needs prior approval from the Competent Authority to sell directly to the NGO instead of holding a public auction.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What constitutes a 'purely temporary structure' that can be dismantled without needing to check with other departments?▼
A 'purely temporary structure' generally refers to buildings constructed for a limited duration or specific purpose, often using materials that are not intended for permanent use. Examples include temporary sheds, construction site offices, or structures erected for specific events.
If a building is deemed dangerous, who is considered an 'appropriate technical authority' to certify its condition?▼
An 'appropriate technical authority' would typically be a qualified engineer or architect from a recognized government agency or a certified private professional with expertise in structural engineering and building safety.
What happens if no one bids on the dismantled building during the public auction?▼
If no bids are received during the initial public auction, the department may re-auction the materials, potentially with a reduced reserve price. Alternatively, the department may explore other disposal methods, ensuring compliance with relevant regulations and obtaining necessary approvals.
Can a department donate the dismantled building materials to a charitable organization?▼
Generally, no. The rule mandates disposal through public auction unless specific prior approval is obtained from the Competent Authority for disposal to an identified party. A donation would likely require such approval and justification.
What is the 'Competent Authority' referred to in Rule 19?▼
The 'Competent Authority' varies depending on the specific department and the financial implications involved. It is typically a senior official within the Ministry or Department, designated with the authority to approve such matters, as defined in the relevant delegation orders.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 19 of the Delegation of Financial Powers Rules, 1978, what is the first condition that must be met before a public building can be dismantled?

Related Rules

Annexure IIDFPR 2024 - Annexure IIAppendix IDFPR 2024 - Appendix IRule 20DFPR 2024 - Rule 20 - (Expenditure from or incidence of charges on contingency fund of India)Rule 10DFPR 2024 - Rule 10 - (Re-appropriation)Rule 14DFPR 2024 - Rule 14 - (Insurance of Government property)

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