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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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