Para 9.5 - Payments & Securities | KartavyaDesk
Original Rule Text
6. Handling Securities: Proper procedures for safe custody, monitoring and return of bank guarantees and other instruments may be followed. Chapter 6 has more details in this regard. Before making a final payment or before releasing the performance bank guarantee, a ‘No Claim Certificate’ (Annexure 20) may be insisted upon from the contractor to prevent future claims. Whenever a bank guarantee is released following due procedure and safeguards, acknowledgement thereof should also be taken from the contractor. 7. Advance Payment, as per Contract: The terms and conditions of such payments are set out in the contract wherein the amount of advance payment is specified, as are the timing of the payment and the amount of advance payment security to be provided by the Service Provider. The advance payment is set off by the Procuring Entity in equal instalments against monthly billing statements until it has been fully set off. Once an advance has been provided, requests for any additional advance are not considered until the service provider liquidates the previous advance. The advance payment security is then released. In some contracts there may be provision for mobilization fee to be paid. (Please refer to para 6.4) 8. Electronic Bill (e-Bill) processing system was announced in Union Budget 2022-23, as part of ‘Ease of Doing Business and Digital India eco-system’ to bring broader transparency and expedite the process of payments. It will enhance transparency, efficiency, and faceless-paperless payment system. Contractors shall submit their bills electronically through the e-Bill portal, wherever such facilities are available. Concerned authorities verify these bills for discrepancies, authenticity, and adherence to rules. Once verified, the bills shall be approved for payment. The approved bills are integrated with the electronic payment systems. Funds are allocated from the relevant budget heads. The system generates payment orders. The e-Bill system allows real-time on-line tracking of bill processing by Contractors.
What This Means
Para 9.5 of the Manual for Procurement of Non-Consultancy Services outlines the procedures for handling securities, advance payments, and electronic bill processing. It ensures that government departments properly manage financial instruments like bank guarantees, make advance payments according to contract terms, and utilize electronic billing systems for transparency and efficiency. This rule affects all government departments and agencies involved in procuring non-consultancy services, as well as the service providers (contractors) they engage with. The goal is to protect public funds, streamline payment processes, and promote accountability.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Proper procedures must be followed for the safe custody, monitoring, and return of bank guarantees and other financial instruments.
- •A 'No Claim Certificate' (Annexure 20) should be obtained from the contractor before final payment or release of the performance bank guarantee.
- •Advance payments are governed by contract terms, including the amount, timing, and security required from the service provider.
- •The e-Bill processing system should be used wherever available to enhance transparency and expedite payments.
- •Contractors should submit bills electronically through the e-Bill portal, and authorities must verify these bills for accuracy and compliance.
Practical Example
The Ministry of Rural Development contracts 'CleanSweep Services' for office cleaning. The contract specifies an advance payment of ₹50,000, secured by a bank guarantee of the same amount. As CleanSweep Services submits monthly bills, the Ministry deducts ₹10,000 from each bill until the advance is fully recovered. Before releasing the final payment and the bank guarantee, the Ministry obtains a 'No Claim Certificate' from CleanSweep Services. All bills are submitted and processed through the e-Bill portal, allowing CleanSweep Services to track the payment status online.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What is a 'No Claim Certificate' and why is it important?▼
How should advance payments be managed?▼
What are the benefits of using the e-Bill processing system?▼
What happens if a contractor requests an additional advance payment before liquidating the previous one?▼
Where can I find more detailed information about handling securities like bank guarantees?▼
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 Para 9.5 of the Manual for Procurement of Non-Consultancy Services, what document should be obtained from the contractor before making a final payment or releasing the performance bank guarantee?
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