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Para 2.13 - Contract Authority | KartavyaDesk

WORKS_MANUAL

Original Rule Text

Note 1: The various classes of contracts and assurances of property, which may be executed by different authorities, are specified in the Notifications issued by the Ministry of Law from time to time. Note 2: The powers of various authorities, the conditions under which such powers should be exercised and the general procedure prescribed with regard to various classes of contracts and assurances of property are laid down in Rule 21 of the Delegation of Financial Powers Rules.

What This Means

Para 2.13 of the Works Manual essentially points you to where you can find the rules about who can sign contracts and property assurances on behalf of the government. It doesn't give you the specifics directly. Instead, it acts as a signpost. Note 1 directs you to notifications issued by the Ministry of Law, which detail the different types of contracts and assurances various government officials are authorized to execute. Think of it as a list of who has the power to sign what.

Note 2 then guides you to Rule 21 of the Delegation of Financial Powers Rules. This rule outlines the specific powers each authority has, the conditions they must meet before using those powers, and the general process to follow when dealing with different kinds of contracts and property assurances. It's like the instruction manual for using the powers listed in the Ministry of Law notifications. This rule is important for anyone involved in procurement, construction, or property management within the government, ensuring they understand their authority and responsibilities.

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

Key Points

  • Para 2.13 directs users to other rules and notifications for specific details.
  • Ministry of Law notifications specify which authorities can execute which contracts and assurances.
  • Rule 21 of the Delegation of Financial Powers Rules outlines the powers, conditions, and procedures for contracts and assurances.
  • Understanding these rules is crucial for government employees involved in procurement, construction, and property management.
  • Compliance ensures proper authorization and adherence to financial regulations.

Practical Example

Mr. Sharma, a Junior Engineer in the Public Works Department (PWD), needs to award a contract for road repairs worth ₹5 lakhs. Para 2.13 of the Works Manual directs him to the Ministry of Law notifications to see if he, as a Junior Engineer, has the authority to sign contracts of that value. He finds that only Assistant Engineers and above are authorized for contracts exceeding ₹3 lakhs.

Further, he consults Rule 21 of the Delegation of Financial Powers Rules, which details the tendering process, security deposit requirements, and other conditions he must follow. Since he lacks the authority, he must escalate the contract approval to his Assistant Engineer, ensuring compliance with the established procedures and avoiding potential legal issues.

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

Frequently Asked Questions

Where can I find the specific list of authorities and their contracting powers?
Refer to the Notifications issued by the Ministry of Law, which are updated periodically.
What happens if I sign a contract without the proper authority?
Signing a contract without proper authority can lead to legal complications, financial irregularities, and disciplinary action.
Does Rule 21 of the Delegation of Financial Powers Rules cover all types of contracts?
Rule 21 provides general guidelines. Specific contract types may have additional rules and procedures outlined in other government orders or manuals.
How often are the Ministry of Law notifications updated?
The notifications are updated as and when there are changes in the delegation of financial powers or related regulations. It's crucial to refer to the latest version.
Is Para 2.13 directly enforceable?
No, Para 2.13 is not directly enforceable. It is a reference to other enforceable rules and notifications. Compliance depends on following the rules mentioned in the Ministry of Law Notifications and Rule 21 of the Delegation of Financial Powers Rules.

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 2.13 of the Works Manual, which of the following sources specifies the various classes of contracts and assurances of property that different authorities can execute?

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