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NOTIFICATION
GOVERNMENT
OF MIZORAM
PUBLIC
WORKS DEPARTMENT
No.D.24011/1/98-PWM/
Dated Aizawl, the Aug.
2003
RULES
FOR REGISTRATION OF CONTRACTORS UNDER
PUBLIC WORKS DEPARTMENT, GOVERNMENT OF MIZORAM – 2003
1.0
PREAMBLE :
1.10
These rules are framed in conformity with the provisions
in CPWD Manual Volume-II, Section 35 and Appendix 53, 2002 –
Edition for registration of contractors which may be applied to
contractors under PWD, Mizoram for all construction works under
PWD except Electrical and Mechanical works.
2.0
TITLE & COMMENCEMENT :
2.10
These rules may be called “ RULES FOR REGISTRATION OF
CONTRACTORS UNDER PUBLIC WORKS DEPARTMENT, MIZORAM – 2003”.
2.20
They shall come into force from the date of publication in the
Official gazette.
3.0
CLASSES OF CONTRACTORS :
3.10
There are four classes of contractors :
1)
Class-I : Qualified to tender works of
any amount.
2)
Class-II : Qualified to tender works upto
Rs.40.00 lakhs.
3)
Class-III : Qualified to tender works upto Rs. 15.00
lakhs.
4)
Class-IV : Qualified to tender works upto Rs.5.00
lakhs.
4.0
REGISTERING AUTHORITY :
4.10
Registration of Class-I Contractor shall be done by the
Engineer-in-Chief, Public Works Department with approval of a
Committee consisting of the Secretary, Public Works Department
as a Chairman, all Chief Engineers and Superintending Engineers
under Public Works Department as Members.
4.20
Registration of Class-II Contractors shall be done by the
Chief Engineers within their respective jurisdiction with the
approval of a Committee consisting of the Engineer-in-Chief,
Public Works Department as a Chairman, all Chief Engineers and
all Superintending Engineers under Public Works Department as
Members.
4.30
Registration of Class-III Contractors shall be done by
the designated Superintending Engineers under Public Works
Department with the approval of a Committee consisting of the
concerned Chief Engineer, Public Works Department and all the
Superintending Engineers under him as Members.
5.0
QUALIFICATIONS :
5.10
CLASS-I :
5.11
On promotion : A contractor desiring registration as
Class-I Contractor
a)
should have sufficient means, organization and machinery
for executing the works.
b)
should have satisfactorily executed at least 3 (three)
works costing not less than Rs.20.00 lakhs each, at least one of
which has been of building works and the aggregate value of all
such works executed has not been less than Rs.70.00 lakhs during
the last 5 (five) years from the date of his application.
5.12
For retired Engineers : For direct entry, graduate
Engineers (Civil) with 10 (ten) years experience and Diploma
Engineers (Civil) with 20 (twenty) years experience of the rank
of Executive Engineer and above shall be eligible for
registration to Class-I Contractor after a lapse of 2 (two)
years from retirement of active Government Service or after
obtaining permission from Government in conformity with CCS
(Pension) Rules 1972 provided he has sufficient means,
organization and machinery.
5.13
Direct Registration : For direct registration, the
applicant
a)
should have permanent Engineering establishment
comprising a minimum of 1 (one) graduate Engineer (Civil),
having 3 (three) years experience and 2 (two) Diploma Engineers
having 3 (three) years experience.
b)
should possess at least 6 (six) nos. in his establishment
in good working condition of the following Civil Construction
tools and plants and machineries :-
i)
Excavator cum Loader
ii)
Bull Dozer
iii)
Paver Finisher
iv)
Hot Mix plant
v)
Road Roller
vi)
Stone Crusher
vii)
Concrete batching Plant with
weight batcher (10 TPH
Capacity)
viii)
Steel shuttering and scaffolding (for an area of at
least
500 sq.m)
ix)
Truck/ Tipper
x)
Builder hoist (10m height at least)
xi)
Air compressor
xii)
Excavator
c)
should possess solvency certificate from Schedule bank
not less than Rs.50.00 lakhs.
d)
should possess credit facilities from Schedule Bank not
less than Rs.10.00 lakhs.
e)
should be permanent resident of the State of Mizoram.
5.20
CLASS-II
5.21
On promotion : A contractor desiring registration as
Class-II Contractor
a)
should have satisfactorily executed at least 3 (three)
works costing not less than Rs.5.00 lakhs each, at least one of
which has been of building works and the aggregate value of all
such works executed has not been less than Rs.18.00 lakhs during
the last 5 (five) years from the date of his application.
5.22
For retired Engineers : For direct entry, graduate
Engineers (Civil) with no past experience, Diploma Engineers
(Civil) with 3 (three) years experience shall be eligible for
registration to Class-II Contractor. A retired non-Diploma
Engineers with 20 (twenty) years experience shall be eligible
for registration to Class-II Contractor after a lapse of 2 (two)
years from retirement of active Government Service or after
obtaining permission from Government in conformity with CCS
(Pension) Rules 1972.
5.23
Direct Registration : For direct registration, the
applicant
a)
should have a permanent Engineering establishment
comprising of a minimum of 1 (one) graduate Engineer (Civil),
having 3 (three) years experience and 2 (two) Diploma Engineers
having 3 (three) years experience.
b)
should possess at least 4 (four) nos. in his
establishment in good working condition of the following Civil
Construction tools and plants and machineries :-
i)
Excavator cum Loader
ii)
Bull Dozer
iii)
Paver Finisher
iv)
Hot Mix plant
v)
Road Roller
vi)
Stone Crusher
vii)
Concrete batching Plant with weight batcher (10 TPH
Capacity)
viii)
Steel shuttering and scaffolding (for an area of at least
500
sq.m)
ix)
Truck/ Tipper
x)
Builder hoist (10m height at least)
xi)
Air compressor
xii)
Excavator
c)
should possess solvency certificate from Schedule bank
not less than Rs.30.00 lakhs.
d)
should possess credit facilities from Schedule Bank not
less than Rs.6.00 lakhs.
e)
should be permanent resident of the State of Mizoram.
5.30
CLASS-III
5.31
A contractor desiring registration as Class-III Contractor
a)
should have satisfactorily executed works, the aggregate
value of which is not less
than
Rs.3.00 lakhs
5.32
Graduate Engineers with no past experience, Diploma
Engineers with 3 (three) years experience and non-Diploma
Engineers with 10 (ten) years experience shall be eligible for
registration as Class-III contractor.
5.40
CLASS-IV :
5.41
Any person/ individual desiring a registration as
Class-IV contractor should have a permanent residence in
Mizoram. He should produce a House Tax Clearance Certificate
indicating the House Pass or Land Settlement Certificate No. and
year at the time of submitting his application for registration.
In the case of the person/ individual having only House Site
allotted by Revenue Department/ Village Council Authority
concerned, the certificate and xerox copy of the House Site duly
countersigned by the President of the Village Council concerned
or by the Officer of Revenue Department as the case may be.
6.0
FIXED EARNEST MONEY :
6.10
The registered contractors of Mizoram of various
categories and classes desirous of seeking exemption of Earnest
Money in individual cases of tenders will be required to deposit
the following Lump Sum amount of Fixed Earnest Money with the
government in the form of National Savings Certificate or Fixed
deposit or as may be decided by the Government, in the credit of
the Government as shown below :
|
Sl.No.
|
CLASS
OF CONTRACTOR
|
FIXED
EARNEST MONEY
|
|
TRIBAL
|
NON-TRIBAL
|
|
1.
|
CLASS
- I
|
Rs.20,000.00
|
Rs.40,000.00
|
|
2.
|
CLASS
- II
|
Rs.10,000.00
|
Rs.20,000.00
|
|
3.
|
CLASS
– III
|
Rs.5,000.00
|
Rs.10,000.00
|
|
4.
|
CLASS
- IV
|
Rs.500.00
|
Rs.1,000.00
|
7.0
EARNEST MONEY :
7.10
A contractor without depositing the Fixed Earnest Money
stated above shall have to deposit Earnest Money with each
individual tender at the following rates :-
(1)
For works upto Rs.5.00 lakhs : 21/2 % of the
estimated cost.
(2)
For works above Rs.5.00 lakhs : 2% of the estimated cost.
subject to a maximum of Rs.1.00 lakh.
8.0
SECURITY DEPOSIT :
8.10
A deduction of 10% from a relavent running bill will be
effected towards the Security Deposit, and the Earnest Money
deposited at the time of tender shall be treated as part of the
Security Deposit, subject to a maximum of Rs.5.00 lakhs.
9.0
AREA OF OPERATION :
9.10
The area of operation of Class-I and Class-II contractors
shall be whole Mizoram.
9.20
The area of operation of Class-III Contractors shall be
divided into two: namely, Southern and Northern Mizoram.
Class-III Contractors registered by Superintending Engineer,
Lunglei Circle shall operate within Lunglei, Saiha and Lawngtlai
Districts and those registered by other Circles shall operate
within the undivided Aizawl District.
9.30
The area of operation for Class-IV Contractors shall be
confined within the circle under which registration was made.
10.0
CANCELLATION OF REGISTRATION :
10.10
If any registered Contractor is found involved in any of
the following activities, his registration will be liable to
cancellation, after a summary hearing of such contractor :-
(1)
Adoption of malpractices in submitting tender/ drawing
bills etc.
(2)
Failure to settle accounts with the labourers engaged for
works.
(3)
Failure to maintain good reputation and integrity.
(4)
Failure to execute the works according to specifications.
(5)
Sale/ sub-letting or transfer of contractual works on
Power of Attorney without permission.
10.20
The existing registered contractors of various classes
desiring to continue their registration, unless they opt for
deposit of Earnest Money under rule 7.10 shall be required to
deposit Fixed Earnest Money under Rule 6.10 taking into account
the amount already deposited under the preceding Rules within
such time as may be determined by Engineer-in-Chief, Public
Works Department failing which the previous registration under
the preceding Rules shall stand cancelled.
10.30
Registration of proprietorship firm/ partnership firm/
private or public limited company registered on account of the
experience or qualification of one or more of the partners shall
stand terminated when the partners on whose experience and
qualification based on which registration was made cease to
associate with the firm.
11.0
GENERAL CONDITIONS :
11.10
All applications for registration as Contractor should be
submitted in prescribed form which will be made available from
the Engineer-in-Chief’s Office PWD for Class-I and Class-II
Contractors from Chief Engineer’s Offices, PWD, Class-III
Contractors from the concerned Superintending Engineer’s
Offices and for Class-IV Contractors from the concerned
Executive Engineer’s Offices. And application duly accompanied
with Income Tax Clearance Certificate for non-tribals. House Tax
Clearance Certificate and Professional Tax Clearance Certificate
for tribals shall be submitted to the concerned Registering
Authority.
11.20
A contractor will be required to certify that he will not
get himself registered in more than one class.
11.30
Revalidation of enlistment of contractors shall be done
every 3 (three) years with effect from the publication of these
new Registration Rules.
11.40
Request(s) for upgradation will be considered at least
twice a year. While considering upgradation of contractors to a
higher class, performance reports maintained by the concerned
Superintending Engineers will be taken into consideration.
11.50
Contractors who are members of the families of the
Divisional Accountants or Engineering Officers from the grades
of Junior Engineers to Superintending Engineers will not be
allowed to tender for works in the jurisdiction where such
officers are working. Definition of family members will be as in
the Central Civil Services (conduct) Rules 1964.
11.60
No minor should be registered as contractor.
11.70
On the death of any contractor his registration shall be
cancelled forthwith by the concerned Registering Authority.
11.80
Performance report of Contractors shall be maintained as
per Para 35.5 and 35.6 of CPWD Manual Volume-II in respect of
Contractors Class-III and above, and Confidential Register of
Contractors shall be maintained in all division offices in
respect of Class-IV Contractors.
12.0
MISCELLANEOUS :
12.10
No contractor whose Registration has been cancelled will
be eligible for re-registration as contractor within 3 (three)
years from the date of cancellation of his/ her Registration.
13.0
REPEAL AND SAVING :
13.10
Rules and procedures for enlistment of contractors under
PWD, Government of Mizoram as notified vide
No.D.24011/1/98-PWM dt.25.5.1998 with its subsequent
amendments dated 29.9.98, 14.6.99 and 20.6.01 stand repealed
with the commencement of these rules.
13.20
Provided that not withstanding such repeal of the
preceding rules anything done or action taken under these rules
so repealed, shall be deemed to have been validly done or taken
under the corresponding provisions of these rules.
By Order etc
(RAMHLUNA
KHIANGTE)
Secretary
to the Govt. of Mizoram
Public
Works Department
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