81 The following general instructions are issued for guidance in regard to the sale and

disposal of government property in the Irrigation Department

1 there are three method open for the disposal of government property
● By private negotiation
● buy auction
● buy calling for tenders

Disposal by private negotiation:

The sale of government property by private Treaty is only justifiable on the grounds that
higher prices cannot or unlikely to be obtained. shares by private Treaty are to be avoided as
they are likely to give rise to complaints and notices of suit for other interested parties.
whenever unofficial empowered under the rules to dispose of government property desire to
conduct a sale by private Treaty he must obtain the approval of his immediate superior to this
method Before any negotiation or started

Sale by auction:

1. All Saints diocesan must be given wide publicity . Before announcing the auction reserve
price must be fixed by competent authority for the articles for property to be sold.
2. at An auction held by public auctioneer economy officer not below the rank of the sub
divisional officer should be present in order to receive deposits and issue receipts.
3. subject always to the Reserve price being updated and the confirmation of sale by
competent authority the articles or property put up for sale should normally be made
over to the party giving the highest bid at the auction on payment of the full amount of
the bid; if the officer in charge of the option does not possess the power to complete the
sale or if he has reason to believe that the highest bidder is unable to fulfill his contract
or is otherwise an suitable to be the purchaser of the property, then he shall at once
submit a list of the beats received together with the recommendation there on under
confidential cover to his immediate period for orders.
4. if during the course of action the officer incharge consider that the election held is not in
the best interest of the Government and also in the event of any dispute arising between
brothers, he may declare the action null and void and reaction the lot. bits received after
the fall of the hammer not be considered.
5. in case of the highest speed is less price the property must be withdrawn from sale at is
the officer in charge of the auction considered the Reserve price to be excessive taking
into account the prevailing market prices, he should ask his immediate superior
6. the highest and other brothers who offer are recommended to be considered under
class II above must deposit 25% of the sale price at the fall of the hammer, failing which
the action shall be null and void.

Sale by tender:
 1. When it is proposed to dispose of government property by calling offer tenders, reserve
price must be fixed by competent authority for the property to be sold before notices of
tender are issued the Reserve price must be kept confidential.
2. a copy of the notice of tender shall be sent to all part is known to be or likely to be
interested in the property to be sold, and where the extent of the sale what is it an
advertisement should be inserted in newspaper. Thunder should also be called as large
number of articles as possible at one time in order to attract competitive bidding.
3. date and time must be fixed for the opening of the tender all which must be sealed. all
tenders not accompanied by the satisfied earnest money aur received after vi time and
date must be rejected. the tender should be opened by the canal officer not below the
rank of Divisional officer.
4. if the officer opening the tender has power of a substance is subject to the Reserve
price being obtained shell accept the highest tender received and referred the earnest
money of the unsuccessful tenders but reserve price is less than the fair market value of
the article of property put off for sale, or if he has reason to believe that the party giving
the highest under will be unable to fulfill the contract, or is otherwise unsuited to be
purchaser of the property, he shall reject all tender and return all earnest money. e in
case of acceptance of the tender the earnest money may be taken as part payment for
purchase money and will be forfeited to government in the event of non fulfillment of the
contract.
5. in cases where the officer opening that undergoes not have power of acceptance, he
shall return earnest money in his opinion on likely to receive consideration and return
other earnest money at once, and shall immediately submit the list of tender receive
together with recommendation to the superior officer. in doing so he shall inform is
superior officer to reject all tenders are to issue order calling for fresh tender. in such
cases all earnest money is received shall be refunded to the tenders.

it must be clearly understood that in the sale of All property whether by private Treaty, by action
or by calling for tender, the officer conducting the sale has no power to dispose of the property
than the Reserve price fixed for the property.

in the case of the sale by private negotiation or tender accepted history sheet should be
opened for each article.

82 the auditor general decided with reference to root three statement of appendix of
appendix 22 CPWD code and article 68 of account code volume III that the main reason for
crediting recoveries of Expenditure to work in progress is not that technical estimate take
cognizance of the credit but that an improper inflation of the cost of the work avoided thereby. it
is, therefore correct amounting to credit recoveries of the nature mentioned in the above quoted
rules to the accounts of the work in progress and the provision for the non provision of the
recovery is make no difference.
 if, however, the account of the word concerned are closed or if for any special reason
the share of different work in lump credit cannot be determined, the credit should be taken to
revenue under rule to statement and article 66 of account code volume III, subject of course to
the provision of the parrot 295 of CPWD code and article 141 of the account code volume III in a
farmer case.

83 The composite schedule of rate has been revised and issued in the consolidated form
for all Engineering Works. the work item contained in IIT or part of the schedule as a whole, but
have been dropped in various chapter for the facility of identification. the rates in this schedule
shell apply to all the department of the provincial Government and self become effective from
1st July 1979
all cost estimates for administrative approval and detailed estimate for technical
sanction said we prepared on the basis of the rate provided in this schedule, with premium as
may be fixed by the chief engineer / director-general for the work within his jurisdiction by his
special or general orders, based on the competitive tenders. the schedule rates shall this
schedule shall be treated as non schedule items.

all work shall be executed at the composite and the materials And Labour shall be
procured by the contractor except where departmental stores are available and ought to be
disposed of to clear the inventory.

the rate of item other than those given in the schedule shall be treated as non schedule
items rates and function of such items and their rates shall be governed by the following
procedure
1. The analysis and rate of the item shall be prepared by the exactive engineer and may
be approved by the superintending engineer .
2. the rate of various item of work involved Shall be the same as given in the schedule and
where such rates are not available, average market rate should be used.
3. copies of the analysis and of composite rate sanctioned by the superintending engineer
for non schedule items shall be sent to the secretary, standing rates committee.

85 No contracts may be entered into by any authority which has not been empowered to do
so by or under the order of the president.
the various classes of contract and assurance is of property authorised by the president
in the exercise of the power conferred by article 19 of the constitution to be executed executed
by different authority's are specified in appendix E.

subsidiary orders of government as the limitation upon the powers of these authorities
come on the conditions under which such power should be exercised at the general procedure
prescribed with regard to search contacts, such as calling for and acceptance of tender, are laid
down in the appropriate departmental regulations.
86 The following general principles has been laid down for the guidance of authorities which
have to be entered into contract are agreement involving expenditure from public funds
● The terms of the contract must be precise and definite and there must be no room for
ambiguity and Ms construction there in.
● as far as possible, legal and financial advisor should be taken in the drafting of contract
and before they are finally entered into.
● standard forms of contract should be adopted wherever possible the terms are to be
subject to proper security.
● the terms of the contract once entered into should not be materially varied without the
previous persons consent of the authority competent to enter into the contract as so
worried. no payment to contractor by way of compensation, or otherwise come outside
the strict terms of the contract are in excess excess of the contract rates may be
authorised without the previous approval of the ministry of finance.
● no contract involving uncertain and indefinite liability or any condition of an unusual
character should be entered into without the previous consent of Ministry of Finance.
● whenever practice able and advantages, contract should be placed only after tender
have been openly inverted and, in cases where the lowest render is not accepted reason
should be recorded.
● in selecting the tender to be accepted, the financial status of the individual and firm
standing must be taken into consideration in addition to all other relevant factors.
● even in cases where the farmers written contract is not made in order for supplies
should be placed with out at least a written agreement as to the price.
● provision must be made in contract for safeguarding government property entrusted to
the contractor.
● when the contract is likely to endure for the period of more than 5 years it should,
wherever feasible, include the provision of an unconditional power of revocation of
cancellation of by the government at any time on the expiry of six months notice to that
effect.

87 All materials received should be examined come accounted, measure earth weight as
the case may be, when delivery is taken, and they should be taken in charge by the responsible
government officer who should see that the quantities are correct at their quality is good at
recorded a certificate to that effect. the officer receiving the story should also be required to give
the certificate that he has actually received the materials and recorded them in the appropriate
stock register.