Para 7.6.6 - Project Approvals | KartavyaDesk
Original Rule Text
(D) Execution of Work 14. The ‘Project Management Consultant’ shall obtain necessary Statutory Approvals/ Permission/ Clearances/ Certificates from the concerned Local Bodies & Statutory Authorities like District Authorities, Municipal Corporation, Panchayati Raj Institutions, Town Planning Board, Electricity Board/ Fire Department, State/ Central Pollution Control Boards, Stale/ Central Environmental Authorities, Forrest and Wild-life authorities etc (for e.g. removal of trees, re-locating utilities; conversion of railway level crossings, laying of railway sidings needed by the work; rehabilitation and resettlement of persons affected by the work; traffic control; mining of earth and stone; interfering protected monuments; blasting permission, environmental/ forest/ wild-life clearances; and shifting of religious shrines etc) to start the work have been obtained. The ‘Procuring Entity’ shall be responsible for providing all assistance to ‘Project Management Consultant’ in this process. 15. Works shall not be awarded by ‘Project Management Consultant’ to contractors till all statutory approvals/ certificates/ permissions required for taking up the work, are in place. 16. ‘Procuring Entity’ shall make the work site available free from encumbrances to ‘Project Management Consultant’. ‘Procuring Entity’ shall also ensure Availability of auxiliary services - like roads, power, water, solid & liquid waste disposal system, street lighting and other civic services. ‘Project Management Consultant’ shall provide necessary support in this process. 17. ‘Project Management Consultant’ shall permit ‘Procuring Entity’ to inspect or monitor the works, either itself or through Third party as and when it desires for assessing actual progress and quality of construction and any other aspects. 18. ‘Procuring Entity’ shall provide security clearance and ensure free access for ‘Project Management Consultant’ staff/ Employees and their workers working at Work site in case these are required. ‘Project Management Consultant’ shall provide necessary support in this process. 19. ‘Project Management Consultant’ shall ensure adequate availability of men & material by their contractors. 20. ‘Project Management Consultant’ shall ensure that it’s Contractor(s) implement required Health, Safety & Environmental (HSE) practices at the Construction Sites and
What This Means
Para 7.6.6 of the Works Manual, specifically section (D) relating to the execution of work, outlines the responsibilities of the Project Management Consultant (PMC) and the Procuring Entity (the government department or organization initiating the project) regarding statutory approvals and site readiness. Essentially, the PMC is responsible for obtaining all necessary permissions, clearances, and certificates from local and statutory bodies before starting any construction work. This includes things like environmental clearances, permissions from the electricity board, and approvals from local municipalities. The rule emphasizes that work cannot begin until these are in place.
However, the Procuring Entity isn't off the hook. They are responsible for providing all necessary assistance to the PMC in obtaining these approvals. Furthermore, the Procuring Entity must ensure the work site is free from any encumbrances and that essential auxiliary services like roads, power, and water are available. The PMC must also allow the Procuring Entity to inspect the work and ensure adequate availability of men and material by their contractors. Finally, the PMC must ensure that its contractors implement required Health, Safety & Environmental (HSE) practices at the Construction Sites.
In short, this rule aims to ensure that all legal and logistical prerequisites are met before construction begins, promoting smooth project execution and minimizing delays due to lack of approvals or site readiness. It affects both the PMC, who is responsible for obtaining approvals and managing the construction, and the Procuring Entity, who must provide support and ensure site readiness.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •The Project Management Consultant (PMC) is responsible for obtaining all necessary statutory approvals before starting work.
- •Work cannot be awarded to contractors until all required statutory approvals are in place.
- •The Procuring Entity must provide assistance to the PMC in obtaining approvals and ensure the work site is free from encumbrances and has necessary auxiliary services.
- •The Procuring Entity has the right to inspect and monitor the works.
- •The Project Management Consultant shall ensure adequate availability of men & material by their contractors and implement required Health, Safety & Environmental (HSE) practices at the Construction Sites.
Practical Example
The Ministry of Rural Development (the Procuring Entity) hires XYZ Consultants (the PMC) to construct a rural road under the PMGSY scheme. Before XYZ Consultants can award the road construction contract to any contractor, they must obtain environmental clearance from the State Pollution Control Board, permission from the local panchayat for using village land, and approval from the Electricity Board for relocating power lines. The Ministry of Rural Development is responsible for assisting XYZ Consultants in obtaining these approvals by providing necessary documents and liaising with the relevant authorities.
Furthermore, the Ministry must ensure that the land is free from any legal disputes and that access roads, water supply, and electricity are available at the construction site. If XYZ Consultants award the contract to ABC Contractors without obtaining the necessary environmental clearance, the Ministry can halt the project and hold XYZ Consultants accountable for violating Para 7.6.6 of the Works Manual. XYZ Consultants must also ensure that ABC Contractors follow all safety protocols and environmental regulations during construction.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What happens if the PMC starts work without obtaining all the necessary approvals?▼
What kind of assistance should the Procuring Entity provide to the PMC in obtaining approvals?▼
Who is responsible for ensuring the availability of auxiliary services like water and electricity at the work site?▼
Does this rule apply to all types of government construction projects?▼
What are the HSE practices that the Project Management Consultant needs to ensure?▼
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 7.6.6 of the Works Manual, which entity is primarily responsible for obtaining necessary statutory approvals, permissions, clearances, and certificates before the commencement of work?
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