GOVERNMENT OF ODISHA REVISED OPWD CODE

Transcription

1 GOVERNMENT OF ODISHA REVISED OPWD CODE

2 Table of Content Table of Content 1 Introduction General Background Definitions Organisation and Establishment Organisation Duties, Responsibilities and Accountabilities of Officers Establishment Establishment Matters Work Charged Establishment Outsourcing Employment of Medical Establishment Police and Other Guards Employment of Labour Officers Senior Manager (Law), e-procurement Cell Senior Manager (Finance), e-procurement Cell Junior Programmer, e-procurement Cell Miscellaneous Rules Works Classification of Works Basic Rules for Initiation of Public Works Requisition by Civil Officers Preparation of Estimates Contracts Sale and Acquisition of Land Execution of Works Execution of Works by Civil Officers Deposit Works Disposal of Estimate Supplementary and Revised Estimates Completion Reports, Certificates and Plans Public Buildings General Residence for Govt. Officials Miscellaneous Rules Initial Records of Accounts Custody of Cash Cashiers Stores Revision of OPWD Code

3 Table of Content 5.5 Transfer of Charge Recording of Plans and Drawings Destruction of Records Powers of Sanction of Government & of Officers of Department in charge of Public Works General Powers of Govt. in the Administrative Departments, Heads of Departments and Other Civil Officers Powers of Officers of the Departments in-charge of Public Works Miscellaneous Powers Safety Management General Environmental & Social Safeguards Environmental Safeguards Social Impact Management Asset Management General Odisha Road Asset Management System (O-RAM) Water Supply and Sewerage Asset Management System General Policy Quality Management General Quality Management System Dispute Redressal, Arbitration & RTI Dispute Redressal Arbitration Right to Information (RTI) Public Private Partnership (PPP) General Institutional Arrangement Project Procurement Process Training and Capacity Building Information Technology & Management Information System Information Technology Management Information Systems Data Security IT-MIS Strategy Formulation and Implementation Revision of OPWD Code

4 Abbreviation Abbreviations A/A AC ACR AE AEE AG APIO BIS BLT BOO BOOT BOQ BOT BPL CAD CAMP CBR CE CMB CPCB CPHEEO CPIO CPWD CR CRSC CWC DO DPR DRC ECI EE EIA EIC EMP EOT EPC Administrative Approval Air Conditioner Annual Confident Report Assistant Engineer Assistant Executive Engineer Accountant General Assistant Public Information Officer Bureau of Indian Standards Build-Lease and Transfer Build-Own and Operate Build-Own-Operator and Transfer Bill of Quantities Build-Operate and Transfer Below Poverty Line Computer-Aided-Design Comprehensive Asset Management Plan California Bearing Ratio Chief Engineer Computerised Measurement Book Central Pollution Control Board Central Public Health and Environmental Engineering Organisation Chief Public Information Officer Central Public Works Department Confidential Report Central Road Safety Cell Central Water Commission Divisional Officer Detailed Project Report Dispute Redressal Committee Empowered Committee on Infrastructure Executive Engineer Environmental Impact Assessment Engineer-in-Chief Electronic Mail Environmental Management Plan Extension of Time Engineering, Procurement & Construction Revision of OPWD Code

5 Abbreviation EPF ESI FIR FMS GAAP GIS GOI GOO Govt GPS HLCA HOD HQ HRD HT ICT ID IIT IRC IT ITB JE LA LAC LAN LOA LT M&E MB MDR MIS MoEF MoRT&H MOU MoUD MP MR NABARD Employees Provident Fund Employees State Insurance First Information Report Financial Management System Governance and Accountable Action Plan Geographical Information System Government of India Government of Odisha Government Global Positioning System High Level Clearance Authority Head of the Department Head Quarters Human Resource Development High Tension Information and Communication Technology Institutional Development Indian Institute of Technology Indian Roads Congress Information Technology Instruction to Bidders Junior Engineer Land Acquisition Land Acquisition Collector Local Area Network Letter of Acceptance Low Tension Monitoring and Evaluation Measurement Book Major District Road Management Information System Ministry of Environment and Forests Ministry of Road Transport and Highways Memorandum of Understanding Ministry of Urban Development Member of Parliament Muster Roll National Bank for Agriculture & Rural Development Revision of OPWD Code

6 Abbreviation NABL NAC NBC NGO NH NIT NIT O&M OIDF OMT OPWD OSPCB OSRP OWD PAP PHE PIO PMGSY PMS POL PPE PPP PPR PRQI PSIN PWD QA QMP R&B R&R RCC RFP RFQ RMMS RMU ROB ROW RPDAC National Accreditation Board for testing & Calibration of Laboratories Notified Area Council National Building Code Non-Governmental Organisation National Highway National Institute of Technology Notice Inviting Tender Operation and Maintenance Odisha Infrastructure Development Fund Operate-Maintain and Transfer Odisha Public Works Department Odisha State Pollution Control Board Odisha State Road Project Odisha Works Department Personnel Assurance Programme Public Health Engineering Public Information Officer Pradhan Mantri Gram Sadak Yojna Pavement Management System Petrol, Oil & Lubricants Personal Protective Equipment Public Private Partnership Preliminary Project Report Pavement Riding Quality improvement Personal Service Identification Number Public Works Department Quality Assurance Quality Management Plan Roads and Buildings Resettlement and Rehabilitation Reinforced Cement Concrete Request For Proposal Request For Qualification Road Maintenance Management System Road Maintenance Unit Railway Over Bridge Right of Way Rehabilitation and Periphery Development Advisory Committee Revision of OPWD Code

7 Abbreviation RTI SBD SDE SDO SE SH SIA SMB SRS T&P TOR TS VGF VIP VVIP WAN WBM WINGS WMM WTP WWTP Right to Information Standard Bidding Document Sub-Divisional Engineer Sub Divisional Officer Superintending Engineer State Highway Social Impact Assessment Standard Measurement Book Safe Road System Tools and Plant Terms of Reference Technical Sanction Viability Gap Funding Very Important Person Very, Very Important Person Wide Area Network Water Bound Macadam Web-based Information & Governance System Wet Mix Macadam Water Treatment Plant Wastewater Treatment Plant Revision of OPWD Code

8 Chapter 1: Introduction C H A P T E R 1 I N T R O D U C T I O N Revision of OPWD Code

9 Chapter 1: Introduction Existing As IS Provision (Chapter 1) 1 Introduction 1.1. Introductory 1.1 General Background Para This Code is intended to define the scope of the functions of the officers in charge of Public Works working under the administrative control of Works. Irrigation and Power, Rural Development, Urban Development Departments and any other Departments to which the execution of Public Works is assigned by the State Government. Unless otherwise stated in the Code, the Rules in this Code apply to all public works and are complementary to those laid down in the Odisha Treasury Code, Odisha Service Code, Odisha General Financial Rules, and Central Public Works Account Code as adopted and other Rules issued by competent authority. No prevision in existing OPWD Code Suggested Provision (Chapter 1: Introduction) Public Works Department in Odisha initially looked after all public works, whether irrigation, power, water supply, sanitation, roads or buildings. As the volume of works expanded, separate Departments were created for various PWD functions, for easy execution, administrative convenience and timely delivery of works. The various Departments responsible for PWD works are the following: I. Odisha Works Department (OWD); II. Department of Water Resources (DOWR); III. Rural Development Department (RDD); IV. Housing and Urban Development Department (H&UDD). Vistas of public works have expanded over the years, and have come to include a host of facilities such as roads, bridges, buildings, community buildings (like hospitals, schools, bus stands), houses, townships, drains, water supply and sewage disposal, municipal services, storage godowns, parks, tourist centers and public amenities in the town and villages, etc. The spurt in the demand of works in the public domain, expanding complexities of construction, new technological inventions, modes of delivery, funding patterns complexity of projects, specialized knowledge/expertise and professionalism required have led to the creation of many other institutions to take up public works viz. roads, bridges, buildings, canals, dams, tunnels, water supply, sewage etc Revision of OPWD Code i. PWD always had a key role in development of State in providing the basic infrastructure for development and progress. To define scope and functions of offices of PWD for execution of public works, OPWD Code was first developed in 1957 as a set of rules complementary to those laid down in Odisha Treasury Code, Odisha Service Code, Odisha General Revision of OPWD Code 1

10 Chapter 1: Introduction Existing As IS Provision (Chapter 1) No prevision in existing OPWD Code Suggested Provision (Chapter 1: Introduction) Financial Rules, CPWA Code etc. This code was further updated and developed in 1976 as OPWD Code Vol. I and Vol. II containing provisions of Code. Considering the necessity in the changed circumstances, a good number of amendments have been made to different sections of OPWD Code during these 37 years. ii. The revision is comprehensive updating of the Odisha Public Works Department (OPWD) Code and Manual as the framework of policy, standards, responsibilities and powers for planning, preparation, contracting and execution/management of public works in Odisha (including Buildings), assisting their submission for GOO endorsement and subsequently facilitating their promulgation and operationalisation has become a necessity of time. This involves inter alia (i) updating of procedures, responsibilities and accountabilities in all works stages from project inception, planning to completion, in conformity and consistency with GOI and GOO accounting and audit requirements; (ii) revision of provisions on dispute redressal mechanism(s) including relevant complaints handling and RTI Act aspects; (iii) inclusion of new sections on PPP policy and guidelines, on Environment and Social (safeguards) Management, on e- procurement requirements and processes, on Construction Zone Safety guidelines and on Road Safety Engineering/Design requirements; (iv) assistance to OWD for completion of the already underway review/updating of contractual documents for all GOO procurement of goods, works and services, with their integration/cross-referencing in the contents of the revised Code & Manual where appropriate. iii. To provide for capacity building required for all Departments of Odisha engaged in public works by imparting inception level and in-service training to its engineering cadres. Also to ensure Skill development of workers by imparting training in Industrial Training Institute and other such organisation or by developing in-house facility Scope of Code i. The Code defines the scope of administrative and executive functions of the PW Departments and also of their officers. The rules in the Code shall not be deemed to override any special rules laid down by the Government for application to special classes of works. ii. The Rules/Regulations outlined in Treasury Rules, Financial Rules, Account Code, Budget Manual, Civil Services Rules, IT Act, 2000, IT Amendment Act, 2008, e-waste (Management & Handling) Rule, 2010 etc. relating to classes of transactions which occur in the Public Works Department, as well as in other Departments of Government, are binding on Public Works Departments except in so far as they have been specifically overridden by express provisions in this Code. Barring these express provisions, in case of any conflict between the applicable law/rules of the Government, on one hand, and provisions of the Code, on the other, the former shall prevail. The PWDs shall, however, endeavour to get the Revision of OPWD Code 2

11 Chapter 1: Introduction Existing As IS Provision (Chapter 1) No prevision in existing OPWD Code No prevision in existing OPWD Suggested Provision (Chapter 1: Introduction) amendments effected in the code so that they are in consonance with the amended rules. iii. For detailed working, including delineation of duties of various categories of officials, each Engineering Department shall have its separate Manual of Orders. However, these Manuals will not take away the essence of the duties provided in the Code. The Administrative Secretary of each PWD should endeavour to get these reviewed periodically, at least once in five years Justification for Revision of Code i. In various sectors like roads and buildings, Urban and Rural Water and Sanitation, Water Resources, GOO is aiming for upgrading capabilities of performance to facilitate more effective service to boost the infrastructural as well as socio economic development of the state. ii. Accordingly a planned range of Policy, Capacity and resource improvement has to be brought about in working of OPWD, towards various sectoral improvement including Organisational Structure and Management, Financial Management Audit and Administration, ICT & MIS, and HRD. iii. Need for having in house design Directorate appropriate to the requirement of respective Department engaged in Public Works to facilitate in house design as well as review/monitoring of designs received from the Consultants. iv. To provide longer term advance study/training of selected staff to more rapidly acquire advance technical knowledge alongside their practical experience. v. Need for Management and Technological changes in various fields such as Construction Technology, Asset Management, and Project Management etc. vi. Policy Changes and Legal Changes such as PPP Policy, RTI Act, LA Act, Environment and Social Impact Legalisation, Impact Assessment and Management. vii. Emphasis on implementation of Safety Management and to make the Department ready to meet any disaster. viii. Need for changes in Quality Management System for Roads, Buildings and all other Infrastructure works in the State. ix. Updating of procedures, responsibilities and accountability consistent with GOO/OWD requirement. x. Need for Revision in Dispute Redressal Mechanism. xi. New approach to PPP Policy guidelines and implementation of projects. xii. Change in Contract Bidding Documents and New Procurement Manual with their integration in contents for Goods, Works and Services of revised OPWD Code and Manual Functions and Responsibilities Revision of OPWD Code 3

12 Chapter 1: Introduction Existing As IS Provision (Chapter 1) Code No prevision in existing OPWD Code Suggested Provision (Chapter 1: Introduction) i. Construction, repair, maintenance and relief work of buildings, roads, bridges, water distribution and sewer networks, water treatment plant, waste water treatment plants, pumping stations, storage reservoir, dams, canals and all other related major & minor structures funded by the State, GOI, any other source of funding. ii. Execution of original, renewal and repair works of the NH network financed through MORT&H after levying agency charges at the rates agreed between GOI and the GOO. iii. Ensuring with the help of civil administration and Police that no encroachment or structure, whether temporary or permanent is erected on the land and property under the control of OWD. This procedure shall be adopted till EEs are empowered with the provision of removal of encroachments as per GOO rules. iv. Maintaining the Register of Assets comprising of land, buildings and properties belonging to the GOO and under the administration of OWD, Asset Management through IT /ICT. v. Effective management of its human resources, imparting training to its Engineer and other officers for enhancing their capacities for improvement in operational efficiency and performance management Further Revisions in Code i. The Administrative Department for the Code will be Works Department. Any changes in the Code will be notified by the same. This Department, with the approval of the State Government, shall also designate a Chief Engineer as in charge of the Code for any revisions in the same. This Chief Engineer will be custodian of all records and files pertaining to this Code. ii. If any revision, addition or alteration is required on any technical point, this will be first discussed by a standing committee consisting of the EIC (Works Department), EIC (DoWR), EIC (OPHEO) and EIC (RWD), with Chief Engineer in charge of the Code as the Member Secretary. The decision of the Committee will be sent to Administrative Secretary of the R&B Department, who will further examine the issue and take necessary action after obtaining the approval of the Chief Minister. iii. The Administrative Secretary of Works Department will also hold periodical meetings to discuss any administrative or other issues arising during implementation of the Code. This meeting will be attended by the Administrative Secretaries and Engineer-in-Chief of Department, representatives of Finance Department, Law and Legislative Department as members. Chief Engineer in charge of the Code will be the Member-Secretary. In case there is no unanimity on any particular matter, the meeting will be presided over by the Chief Secretary and the decision of this meeting shall be final, subject, however, to the approval of the Chief Minister. Revision of OPWD Code 4

13 Chapter 1: Introduction Existing As IS Provision (Chapter 1) No prevision in existing OPWD Code No prevision in existing OPWD Code 1.2. Definitions(Page 1 4) 1.2 Definitions Para Unless there be No Change anything repugnant in the subject or context, the terms defined in this chapter are used in these rules in the sense as explained below. (1) Accountant General- means Accountant General, Odisha. He is Suggested Provision (Chapter 1: Introduction) iv. The amendment in the Code can be brought about only when the same is approved by the Chief Minister to whom the proposal will be submitted through the Minister in-charge of Works Department. The concurrence of Finance Department and Law Department will be required, in all cases Interpretation of Code: In case of any dispute or difference of opinion regarding any provision of the Code, the view as given by the State Government in the OWD (Administrative Department for the Code) will be considered as final To serve as help books for day to day working of the Department engaged in Public Works OPWD manual as well as Procurement Manual for Works, Goods and Services shall be referred Instructions/Circulars under the Code i. The Code envisages issuance of a number of instructions/circulars on various matters, either at Government or at Department level. These instructions/circulars can only be issued by the Head of Department (HOD) or the Administrative Secretary. Initially, these shall be issued within three months of applicability of the Code, and subsequently, as and when the occasion demands. The instructions/circulars should be appropriately numbered with a clear reference to the para(s). For example, in case of instructions issued by Works Department at Government level, they will carry number as PWD Code/Works/Govt./Para---/No.---/Date--- or an instruction issued by Water Resource Department at HOD level will get numbered as PWD Code/Irr/Deptt./Para ---/No. --/Date ---. In case of any conflict between the instructions issued by the Department and the Government, the instructions issued at the Government level will prevail. ii. Instructions on common subjects shall normally be issued by Works Department, though in consultation with Department of Water Resources and Housing and Urban Development Department. 1. Accountant General No Change Revision of OPWD Code 5

14 Chapter 1: Introduction Existing As IS Provision (Chapter 1) the head of office of audit and accounts in the State under the Comptroller and Auditor General of India and when used in relation to a Public Works Division, the head of office to whom the accounts of the Division are rendered. (2) Appropriation - means appropriation of funds by means of appropriation Bill. Allotment means the assignment to meet specified expenditure of funds in favour of subordinate authority (subordinate spending unit). (3) Administrative Approval - This term denotes the formal acceptance by the Administrative Department concerned, of the proposal for incurring any expenditure in the Public Works Department on a, work, initiated by or connected with, the requirement of such Administrative Department. It is, in effect, an order to the Public Works Department to execute certain specified works at a stated sum to meet the, administrative needs of the Department requiring 2. Appropriation No Change 3. Administrative Approval No Change Suggested Provision (Chapter 1: Introduction) Revision of OPWD Code 6

15 Chapter 1: Introduction Existing As IS Provision (Chapter 1) the work. Administrative approval is not required in the cases of petty works and repairs. No provision in existing Code No provision in existing Code No provision in existing Code (4) Competent Authority - means Government or any other authority to whom the relevant power may be delegated. No provision in existing Code No provision in existing Code (5) Controlling Officer - means Head of a Department or other Departmental Officer who is entrusted with the responsibility of controlling the incurring of expenditure and/or the collection of revenue by the authorities subordinate to the Department. In relation to the Departments in charge of public works, a list of Suggested Provision (Chapter 1: Introduction) 4. Application Administrator means the Chief Engineer (Technical), State Procurement Cell, Works Department, Odisha. 5. Chief Manager (Technical) means the Chief Engineer (Civil) who is the administrative and professional head of the State Procurement Cell. He is the Application Administrator of the e-procurement module. 6. Chief Procurement Officer means the Engineer-in-Chief (Civil), Odisha 7. Competent Authority No Change 8. Consultant means professional who will carry out his assignment with due diligence and total professional integrity, and at all times safeguard the interest of the Govt. and shall be responsible for accuracy of data, designs, drawings, estimates and other documents prepared by him. He shall indemnify the department against any negligence, deficiency in service or inaccuracy/deficiency in the work. 9. Concessionaire Is the holder of a concession given by the Government for development of public facility funded and operated through a partnership of Government and Private sector. 10. Controlling Officer No Change (See Annexure 1.1 for list of controlling officers) Revision of OPWD Code 7

16 Chapter 1: Introduction Existing As IS Provision (Chapter 1) officers declared as controlling officers is given in Appendix 1. (6) Chief Engineer - means the Chief Engineer or any other engineer to whom the State Government have delegated powers and functions of a Chief Engineer. He is the administrative and professional head of that branch of the public works of which he is in-charge and is responsible to the respective Administrative Department for the efficient working of that Department of branch. (7) Contract & Contractor - The term 'contract' means any kind of undertaking written or verbal, express or implied, by a person not being a Government Servant or by a syndicate of firm, for the construction, maintenance or repairs of one or more works, for the supply of materials, or for the performance of any service in connection with the execution of works or the supply of materials. The term 'contractor' means a 11. Chief Engineer No Change 12. Contract & Contractor No Change Suggested Provision (Chapter 1: Introduction) Revision of OPWD Code 8

17 Chapter 1: Introduction Existing As IS Provision (Chapter 1) person syndicate or firm, that has made such an undertaking but often its use is restricted to contractor for the-execution of works or for service in connection therewith. Suggested Provision (Chapter 1: Introduction) No provision in existing Code 13. Digital Signature Certificate means a Digital Signature Certificate issued by the Certifying Authority as per IT Act, (8) Drawing and Disbursing Officer - means a head of an office, and also any other gazetted officer designated by the Govt. Of Odisha or Head of a Department or an Administrator, to draw bills, cheques and make payments on behalf of the State Govt. The term shall also include a Head of a Department or an Administrator where he himself discharges such functions. The head of an office may also authorise any gazetted officer serving under him to sign a bill or order for him in terms of provisions of S.R. 102 of the O.T.C. Vol. I and notes there under whenever such a course is considered necessary in the interest of the office. 14. Drawing and Disbursing Officer No Change (9) Department of Government Department of Government No Change Revision of OPWD Code 9

18 Chapter 1: Introduction Existing As IS Provision (Chapter 1) means the Department of the Government of Odisha as specified in the Rules of Business. (10) Deposit Works shall - mean works of construction or repairs the cost of which is met not out of Govt. funds, but is financed from non-government sources, which may either be deposited in cash or otherwise placed at the disposal of a Divisional Officer. Works executed for municipalities, local bodies and public undertakings etc. fall under this category. No provision in existing Code No provision in existing Code No provision in existing Code (11) Financial Year - means the year beginning on the 1st of April and ending on the 31st of March following. (12) Govt. or State Government - means the Govt. of Odisha. 16. Deposit Works No Change Suggested Provision (Chapter 1: Introduction) 17. Engineer-in-Chief Engineer-in-Chief is by promotion amongst CE under consideration of the state government who is responsible for administrative and professional control of specified works in the Department carried out by various CE under him. 18. e-procurement means electronic procurement of Works, Goods and Services. 19. Expenditure Sanction Financial concurrence of the cost of project proposal by the competent authority is termed as Expenditure Sanction. 20. Financial Year No Change 21. Governor (Sl. No. 13) No Change (13) Governor - means the 22. Govt. or State Government (Sl. No. 12) No Change Revision of OPWD Code 10

19 Chapter 1: Introduction Existing As IS Provision (Chapter 1) Governor of the State of Odisha. (14) Government Account - means the total of the Consolidated Fund Account, Contingency Fund Account and the Public Account of the State. (15) Head of a Department - means any authority, declared to be such by the competent authority with reference to Rule 20 of the Odisha Service Code. The declaration is made in general terms, and not with reference to certain specified rules only and includes any other officer, declared to be such by the competent, authority. (16) Local Body - means an authority legally entitled or specially empowered by Govt. to administer a local fund. No provision in existing Code (17) Project - means irrigation, navigation, embankment and drainage, water storage, civil or electrical works costing more than 23. Government Account No Change 24. Head of a Department No Change 25. Local Body No Change Suggested Provision (Chapter 1: Introduction) 26. Nodal Officer (e-procurement) means the Superintending Engineer or equivalent rank officer in-charge who is responsible to the respective organisation for creation of Departmental users and intra Departmental transfer of Digital Signature Certificate of officers. 27. Project means irrigation, navigation, road, embankment and drainage, water storage, building, electrical works, piped water supply works, sewerage and drainage works costing more than Rs. 50 lakhs which consist of several works and are to be executed by more than one Division. Revision of OPWD Code 11

20 Chapter 1: Introduction Existing As IS Provision (Chapter 1) Rs. 25 lakhs which consist of several works and are to be executed by more than one Division. (18) Major Work - means an original work, the -estimated cost of which is Rs. 1,00,000 or above. (19) Minor Work - means an original work, the estimated cost of which is over Rs. 10,000 but less than Rs. 1,00,000. (20) Petty Work - means on original work, the estimated cost which is Rs. 10,000 or less] (Subtd. by Works Deptt. No , Dt ) (21) Public Buildings - used in this Code apply only to buildings borne in the books of the Public Work Department and maintained from funds provided to them. (22) Public Work - means civil works, public health engineering works, irrigation navigation, embankment and drainage works and electricity works. (23) Public Works Department - means a Department of the State Government in administrative Suggested Provision (Chapter 1: Introduction) 28. Major Work means an original work, the estimated cost of which is Rs. 25 lakhs* or above. *The financial limit shall be revised every three years 29. Minor Work means an original work, the estimated cost of which is over Rs. 5 lakhs but less than Rs. 25 lakhs.* *The financial limit shall be revised every three years 30. Petty Work means an original work, the estimated cost which is less than Rs. 5 lakhs.* *The financial limit shall be revised every three years 31. Public Buildings No Change 32. Public Work No Change 33. Public Works Department No Change Revision of OPWD Code 12

21 Chapter 1: Introduction Existing As IS Provision (Chapter 1) charge of Public Works. (24) Reappropriation - means the transfer of funds from one unit of appropriation to another such unit. No provision in existing Code (25) State - means the State of Odisha. No provision in existing Code (26) Subordinate Authority - means a Department of the State Government or any authority subordinate to it. (27) Treasury Rules - means the Treasury Rules of the State Govt. of Odisha embodied in the Odisha Treasury Code. (28) Work-Charged Establishment - means the establishment employed on the supervision or execution of a particular work, the cost of which is debitable to the work concerned. (29) The terms - used in this Code but not defined shall have the same meanings as explained in the C.P.W.A. Code. 34. Reappropriation No Change Suggested Provision (Chapter 1: Introduction) 35. Road Work means road works taken up by OWD and all Engineering Departments of the state consisting of various types of roads including NH, SH, MDR, ODR, Rural roads, Panchayat, Irrigation, Tourism and Housing Board roads etc. 36. State No Change 37. State Procurement Cell means the authority empowered by Government of Odisha for full rollout of e-procurement in the State. 38. Subordinate Authority No Change 39. Treasury Rules No Change 40. Work-Charged Establishment No Change 41. The Terms No Change Revision of OPWD Code 13

22 Chapter 1: Introduction Existing As IS Provision (Chapter 1) Notes: (7). Agreement between Municipality and the contractor for completion of some work. In the agreement it is stated that in absence of any specification in the contract the work is to be carried out according to PWD standard specification. In the PWD standard specification there is provision for decision of Superintending Engineer as to dispute in rates, specification as instructions. It should be deemed that there is provision for reference for arbitration in the agreement. It should be read as incorporate in the agreement. 1987(11) OLR 554. Contract for building - The plain meaning of clause II of the agreement seems to be that the contractor under the agreement has to be paid for the extra work at the rate at which he has to be paid for the main work. An agreement between the disputed parties which provides for arbitration has to be strictly followed in determining the claim over which there is a dispute: Suggested Provision (Chapter 1: Introduction) Since, services included in para 1.1 General Background, so, needs to be deleted Revision of OPWD Code 14

23 Chapter 1: Introduction Existing As IS Provision (Chapter 1) Any deviation on the part of the Arbitrator from the provisions contained in the agreement amounts to on out of misconduct on his part and on that ground an award is liable to set aside. I.L.R Cuttack 60. Suggested Provision (Chapter 1: Introduction) Annexure 1.1 List of Controlling Officers of the Government in Engineering Departments 1. Engineer-in-Chief, Civil, OWD 2. Engineer-in-Chief, Water Resources, DOWR 3. Engineer-in-Chief, Rural Works Department 4. Engineer-in-Chief, Public Health Engineering, U&HDD 5. Chief Engineer, Design Directorate, OWD 6. Chief Engineer, Buildings, OWD 7. Chief Engineer, Roads, OWD 8. Chief Engineer, World Bank Project, OWD 9. Chief Engineer, National Highways, OWD 10. Chief Engineer, e-procurement, OWD 11. Chief Engineer, Research Development and Quality Promotion, OWD 12. Chief Architect, Architecture Wing, GOO 13. Chief Engineer, Public Health Engineering (Urban), U&HDD 14. Chief Engineer, Rural Water Supply & Sanitation 15. Chief Engineer, Minor Irrigation, DOWR Revision of OPWD Code 15

24 Chapter 2: Organisation & Establishment C H A P T E R 2 O R G A N I S A T I O N A N D E S T A B L I S H M E N T Revision of OPWD Code

25 Chapter 2: Organisation & Establishment Existing As IS Provision (Chapter 2: Establishment) 2-1. Organisation and Functions of Departments In-charge of Public Works Para The business of Govt. is transacted in the various Department as per allotment of such business in accordance with the Rules of Business. Para (a). The Departments responsible for public work are divided into several branches, each being in charge of a Chief Engineer as decided upon by the Government from time to time. For administrative purposes each branch is divided into circles, a circle into divisions, a division into subdivisions and a subdivision into Sections having territorial or functional jurisdiction as may be decided by the State Government from time to time. Para (b). The Administrative Departments of Govt., Chief Engineers and Additional Chief Engineers responsible for various public works in the State are given in Appendix - 1. Note: The Electrical Chief Engineer is the Electrical Inspector to the Government, as defined in the Electricity Act, 1912, so far as the electrical installations belonging to the Government are concerned. Para The Administrative Departments in charge of public works are required to execute works of other Departments of the State Suggested Provision (Chapter 2: Organisation and Establishment) 2 Organisation and Establishment 2.1 Organisation No Change a. The Departments responsible for public work are divided into several branches, each being under EIC, CE or Chief Architect as decided upon by the Government from time to time. For administrative control of Chief Engineer, there are number of circles, a circle into divisions, a division into subdivisions and a subdivision into Sections having territorial or functional jurisdiction as may be decided by the State Government from time to time. Similarly office of Chief Architect is divided into office of Senior Architect, Deputy Architect, Architectural Assistant and Architectural Draftsman (Grade I & II). b. The Administrative Departments of Govt., EIC, Chief Engineers and Chief Architect are responsible for various public works in the State (list of controlling officer are given in Annexure 1.1 of chapter 1) Note: No Change No Change Revision of OPWD Code 16

26 Chapter 2: Organisation & Establishment Existing As IS Provision (Chapter 2: Establishment) Government. They may also execute works on behalf of local bodies, public undertakings, recognised public institutions, Government of India and other State Governments or another work specified by the State Government. No provision in existing OPWD Code Suggested Provision (Chapter 2: Organisation and Establishment) Creation of Additional Circles, Divisions, Sub-Divisions and other Implementation Models/Tieups: The work load of the Departments is subject to fluctuation, depending on budgetary allocation and receipts from various other heads/sources. Thus, the number of Circles, Divisions, and Sub-Divisions may require to be increased or decreased. To cope with this situation, a standing committee under the chairmanship of Administrative Secretary of concerned Department, Secretary Finance Department, EIC and Director (F&A) will discuss and finalise proposals for creation/abolition of the number of Circles, Divisions, Sub-Divisions etc. and get the same sanctioned from the competent authority The respective EICs shall undertake review of various cadres of their Department every 5 years to ensure that the personnel don t stagnate bringing in efficiency and discontentment adversely affecting the work culture of the Department The Govt may desire a more innovative and faster implementation of certain projects and some projects may require special skills. Accordingly, new implementation models may become necessary. For this purpose, the Departments may enter into Public Private Partnership (PPP) and/or may create special purpose vehicle (SPV), either on their own or in partnership. The Departments, where necessary, may create project implementation units (PIUs) for implementing certain projects. High value concentrated projects may be entrusted to exclusive charge of senior officers like CE /SE Department shall put in place structures, arrangements, institutions to take up new responsibilities, keep abreast with advancement of knowledge, technological and management changes, and cope with emerging situations and challenges. The Department and other bodies listed in this chapter shall endeavour to have memorandum of understanding (MOU) with academic/research institutions, etc. to create a platform for co-operation and partnership between the parties for defined objectives. Tie-ups with technical training institutes, industry and leading construction/ consultancy firms for training and upgradation of skills of Departmental staff shall be encouraged. Sanction of the HoD shall be obtained as Revision of OPWD Code 17

27 Chapter 2: Organisation & Establishment Existing As IS Provision (Chapter 2: Establishment) Suggested Provision (Chapter 2: Organisation and Establishment) required In this world of technological change, it is necessary that the Departments are acquainted with the latest practices in the field. With this intention, the Departments may tie up with any foreign and/or domestic institute for support on technical, managerial and financial matters. Such arrangements may be project-specific or function-specific. The Departments shall, with the approval of the competent authority, also associate themselves with the national and international bodies of repute such a Indian Roads Congress (IRC), Indian Buildings Congress (IBC), International Association for Bridge and Structural Engineering (IABSE), Indian Water Works Associations (IWWA), Central Board of Irrigation and Power (CBIP), Central Water Commission (CWC), Central Pollution Control Board (CPCB), Central Ground Water Board (CGWB), Central Public Health and Environmental Engineering Organisation (CPHEEO), etc. the Department shall also encourage innovations and new research. Regular seminars/workshops on topics of interest shall be held by each Department periodically Duties of Officers 2.2 Duties, Responsibilities and Accountabilities of Officers A. Duties and Responsibilities No provision in OPWD Code I. Engineer-in-Chief (EIC) EIC is responsible to the Government for the efficient administration and general professional control of public works of the Department. He is the professional adviser to the Government in all matters relating to his charge or on which his advice may be desired. He is required to bring clearly before the Government all subjects required for its decision. He will exercise full technical and supervisory control on the CEs and all other officers working under his control in the Department EIC, as far as possible, shall not involve himself in direct administration of contracts except as specially provided in directions issued by the Government, so as to provide one appellate channel within the Department itself. However, all the functions of the Department shall be coordinated by the EIC and he will get an annual plan of action prepared for the Department by February every year listing the targets of every unit including that at the level of CE. The Action plan shall be based on actual outcome and user oriented performance parameters viz. Quality Index of Roads, Asset Value, Safety, Congestion Index and not merely have physical and financial targets EIC is also responsible for long range planning, co-ordination, capacity building, and introduction of Revision of OPWD Code 18

28 Chapter 2: Organisation & Establishment Existing As IS Provision (Chapter 2: Establishment) Suggested Provision (Chapter 2: Organisation and Establishment) emerging construction technology and management practices. He shall ensure optimum utilisation of the personnel in the organisation for meeting the objectives EIC shall ensure the framing of Information Technology (IT) related applications appropriate to the needs of the Department EIC shall prepare annually the portion of the budget estimates relating to the establishment (including training) and works of his Department. He shall ensure that the budget allotments of the year are fully utilised so far as is consistent with general economy, and heavy expenditure in the last months 0f the financial year, for the sole purpose of avoiding lapse, is prevented. He shall also ensure that money not likely to be needed during the year is promptly surrendered, so as to allow its appropriation for other purposes by the proper authority. In case a commitment is made by the Government beyond the budget, EIC shall seek additional funds by re- appropriation, supplementary grant or excess grant, as considered appropriate or advised by Finance Department As soon as possible after the close of each year, EIC will arrange the preparation of Annual Administration Report of his Department, giving a brief and clear account of its operations. Significant milestones achieved, initiatives taken and lessons learnt should also be brought out It shall be ensured that property returns are duly filed by the staff, annual confidential reports (ACRs) are complete and up-to-date, and that pension cases do not remain pending inordinately EIC shall, in consultation with the CE, delegate power to the SE and EE posted in the Headquarters office to perform/dispose, at their own level, such functions/cases where no orders of the next higher authority are required. These delegations should be periodically looked into EIC shall have guidelines issued regarding functions to be performed at field level. Guidelines for keeping record of various activities performed by the Department at different levels to ensure availability of information which may be sought under Right to Information Act, 2005 shall also be clearly spelt out The major function of the Department is to get the public works completed in time, without cost over-run and with appropriate quality standards, EIC shall monitor the same closely and take all remedial steps. He shall identify the crucial/important projects for close monitoring at his personal level. The Administrative Secretary may also list down such projects for effective monitoring and implementation and ask for periodic reports on the same. Revision of OPWD Code 19

29 Chapter 2: Organisation & Establishment Existing As IS Provision (Chapter 2: Establishment) I. Chief Engineer Para Each Chief Engineer is responsible to the Govt. in the administrative Department for the efficient administration of the respective Department of branch thereof a general professional control of public works within his jurisdiction. He will exercise full technical and supervisory control over all the officers under him. Para Each Chief Engineer will exercise control over the duties of the officers of the Department in connection with the maintenance of the accounts, custody And disbursement of money, the custody of stores and timely submission of accounts to the A.G. He shall also ensure that all contracts, vouchers, muster rolls, Work charged establishment bills, works accounts, store accounts material-at-site accounts and other Suggested Provision (Chapter 2: Organisation and Establishment) The major function of the Department is to get the public works completed in time, without cost over-run and with appropriate quality standards. EIC shall monitor the same closely and take all remedial steps. He shall identify the crucial/important projects for close monitoring at his personal level. The Administrative Secretary may also list down such projects for effective monitoring and implementation and ask for periodic reports on the same EIC shall prepare every month a list of unresolved issues and bring the same to the notice of the Administrative Secretary. He shall try to resolve issues himself or request the Secretary Works to have a meeting for resolving them. The issues shall be resolved expeditiously He shall set physical as well as financial targets for all the units headed by CEs, Circles headed by SEs, Divisions headed by EEs and also the Project Implementation Units and Monitors the same periodically. II. Chief Engineer/Chief Architect No Change No Change Revision of OPWD Code 20

30 Chapter 2: Organisation & Establishment Existing As IS Provision (Chapter 2: Establishment) documents required by the A.G. in connection with the audit of the transactions of the Public Works Department are made available to him or the officers authorised by the latter. Para Each Chief -Engineer will prepare annually the portion of the budget estimates relating to establishment and works under his control. It will be his duty to administer the grant and to keep a close watch over the progress of expenditure against it with a view to see that no excess is permitted to occur and that if additional funds are necessary, application for the same is made. It will further be his duty to see that the grant is fully expended in so far as it is consistent with general Rules and procedure. He will ensure the prevention of large expenditure in the last months of the financial year. He will also be responsible for ensuring that provision which is not likely to be needed during the year is surrendered immediately so as to enable the competent authority to appropriate it for other purposes and for the timely submission of the budget estimates to the Govt. Para Whenever the expenditure on a work administratively approved is likely to exceed the approved limits, it is the duty of the Chief Engineer to submit a revised estimate to competent authority in time before excess expenditure is Suggested Provision (Chapter 2: Organisation and Establishment) Each Chief -Engineer will prepare annually the portion of the budget estimates relating to establishment and works under his control. CE shall assist EIC in getting the budget estimates prepare under his charge. He will ensure optimal utilisation of budget allocation following the principles of financial propriety. He shall try to ensure that change in demand of funds are reflected properly in the revised budget estimates. It will be his duty to administer the grant and to keep a close watch over the progress of expenditure against it with a view to see that no excess is permitted to occur and that if additional funds are necessary, application for the same is made. It will further be his duty to see that the grant is fully expended in so far as it is consistent with general Rules and procedure. He will ensure the prevention of large expenditure in the last months of the financial year. He will also be responsible for ensuring that provision which is not likely to be needed during the year is surrendered immediately so as to enable the competent authority to appropriate it for other purposes and for the timely submission of the budget estimates to the Govt No Change Revision of OPWD Code 21

31 Chapter 2: Organisation & Establishment Existing As IS Provision (Chapter 2: Establishment) incurred. Similarly, in case of projects which have been approved by Govt. sub-head wise, the Chief Engineer should submit a revised project-estimate if the sub-head wise expenditure (sub-heads of Administrative Sanction) is likely to, exceed by more than 10 percent of the original provision, irrespective of the fact whether the project estimate as a whole exceeds the prescribed limit of original estimate or not. Para The responsibility for all important structural designs under execution vests with the Chief Engineer who shall exercise careful control over the work of the Designs Directorate and the technical Sections. Para It is the duty of the Chief Engineer to approval all designs and drawings, of all component parts of the works of the projects for which he is required to give technical sanction as a whole. The Chief Engineer may delegate powers of approval to designs and drawings of such component parts of a project the total cost of which comes within the power of technical sanction of the subordinate officers. Para Whenever heavy damages are sustained by public works due to natural calamities like flood, rain, earthquake or accidents involving No Change No Change No Change No Change Suggested Provision (Chapter 2: Organisation and Establishment) Revision of OPWD Code 22