Rajasthan Municipalities (Purchase of Materials and Contracts) Rules, 1974
- Basis: Section 297, read with Sections 298 & 80 of the Rajasthan Municipalities Act, 1959.
- Total Rules: 17
Rule 1: Short Title & Commencement
- Short Title: Rajasthan Municipalities (Purchase of Materials and Contracts) Rules, 1974.
- Commencement: One month after publication in the Official Gazette.
Rule 2: Definitions
- "Board": Includes Municipal Council.
- "Purchasing Officer" / "Indenting Officer": Refers to the Executive Officer.
- "Executive Officer": Includes the Commissioner of the Municipal Council.
Rule 3: Purchase of Materials and Execution of Work by Tender
- Tenders must be invited for:
- Supply of materials or goods exceeding ₹1,000.
- Execution of any work exceeding ₹2,000.
- This is subject to prior sanction from the competent authority as per Rule 14.
Rule 4: Time Limit for Inviting Tenders (for Materials/Fabrication)
| Estimated Expenditure (₹) | Time Limit |
|---|---|
| Up to ₹1.00 lakh | One week |
| ₹1.00 lakh to ₹5.00 lakhs | Two weeks |
| Above ₹5.00 lakhs | One month |
- Starting Point for Time Calculation: The time limit is calculated from the date the tender notice appears in the newspaper to the final date for tender submission.
Rule 5: Re-Tendering
- If a sufficient number of tenders are not received due to inadequate publicity or other reasons, fresh tenders must be invited.
Rule 6: Procedure for Obtaining Tenders
| Tender System | Description | Value Limit (₹) |
|---|---|---|
| Open Tender | Public advertisement (General Rule) | ₹5,000 or over |
| Limited Tender | Direct invitation to a limited number of firms | Less than ₹10,000 |
| Single Tender | Invitation to only one firm | Does not exceed ₹1,000 |
- Special Conditions & Exemptions from Tendering:
- No Tenders Required: Tendering is not required for purchases of any value if:
- Goods are of a proprietary character.
- Purchased from registered manufacturers, or at rates approved by the Central Stores Purchase Organisation or DGS&D.
- Purchased from specific government undertakings like Rajasthan State Agro Industries Corp., Rajasthan State Small Scales Industries Corp., or Certified Khadi Bhandars (for items they manufacture).
- Cloth purchased from National Textiles Corp. Ltd., Rajasthan Handloom Project Board, or Rajasthan Rajya Bunkar Sahkari Sangh Ltd.
- Purchases from Sahkari Wholesale Upbhokta Bhandars that receive supplies directly from manufacturers.
- Spare parts for motor vehicles purchased from the manufacturer or its authorized dealer, up to a limit of ₹1,000.
- The State Government grants a specific exemption.
- Limited Tender instead of Open Tender: A limited tender can be used even for amounts over ₹10,000 if:
- The Purchasing Officer records in writing that advertising is not in the public interest.
- The Indenting Officer certifies in writing that the demand is urgent.
- No Tenders Required: Tendering is not required for purchases of any value if:
Rule 7: Blacklisting
- The State Government can blacklist firms/persons for corrupt practices or supplying sub-standard goods.
- No municipal board shall issue tenders to or purchase from such a blacklisted firm.
Rule 8: Ensuring Quality Control
- Inspection: Supplies must be inspected by the Purchasing Officer or a nominated responsible officer.
- Responsibility: The Purchasing Officer is personally responsible for ensuring the supply conforms to the approved samples and specifications.
- Sample Size: At least 10% of the supplied articles must be picked for comparison, unless impracticable (in which case reasons must be recorded).
- Rejection: If the supply is non-compliant, the Purchasing Officer can reject it and ask the supplier to replace it at their own cost.
- Decision Time: The Purchasing Officer must decide on acceptance or rejection within one week of receiving the supply.
- Audit/Check: Members of the Finance Committee and officers authorized under Section 283 of the Act can check the stock register and compare supplies with approved samples.
Rule 9: Charges for Tender Forms
| Estimated Tender Value (₹) | Charge for Form (₹) |
|---|---|
| Up to ₹10,000 | 2.00 |
| ₹10,001 to ₹20,000 | 3.00 |
| ₹20,001 to ₹30,000 | 4.00 |
| ₹30,001 to ₹50,000 | 5.00 |
| ₹50,001 to ₹75,000 | 6.00 |
| ₹75,001 to ₹1,25,000 | 8.00 |
| Above ₹1,25,000 | 10.00 |
Rule 10: Time Limit for Inviting Tenders for Public Works
| Cost of Work (₹) | Time Limit |
|---|---|
| Up to ₹2.00 lakhs | Two weeks |
| ₹2.00 lakhs to ₹5.00 lakhs | Three weeks |
| Above ₹5.00 lakhs | One month |
- Calculation: From the date of notice publication to the deadline for tender submission.
Rule 11: Publication of Tenders
- Works with an estimated cost up to ₹2,000 may be executed by an approved contractor at the rates prevailing in the Public Works Department (B&R) or lower negotiated rates.
- Media for Publication:
Estimated Cost (₹) Publication Media Up to ₹20,000 One local daily/weekly/fortnightly newspaper approved by the State Govt. Above ₹20,000 to ₹10 lakhs As approved by the State Government. Above ₹10 lakhs One state-wide circulation newspaper AND one all-India newspaper.
Rule 12: Earnest Money
- No tender will be considered unless it is accompanied by the required earnest money deposit as notified.
Rule 13: Inspection Before Approval
- All articles are subject to inspection before acceptance and must conform to prescribed specifications and tests. Inspection can occur during manufacturing, before dispatch, or after.
Rule 14: Competent Authority for Financial Sanction/Approval
| Municipality Type | Expenditure Limit (₹) | Approving Authority |
|---|---|---|
| Municipal Corporation | Up to ₹25 Lakhs | Additional/Deputy Commissioner |
| Up to ₹1 Crore | Chief Executive Officer | |
| Up to ₹2 Crores | Mayor | |
| Up to ₹5 Crores | Finance Committee | |
| Full Budgetary Powers | Corporation | |
| Municipal Council | Up to ₹2 Lakhs | Commissioner |
| Up to ₹50 Lakhs | President | |
| Up to ₹1 Crore | Finance Committee | |
| Full Budgetary Powers | Council | |
| Municipal Board | Up to ₹1 Lakh | Executive Officer |
| Up to ₹25 Lakhs | Chairman | |
| Up to ₹50 Lakhs | Finance Committee | |
| Full Budgetary Powers | Board |
- Exceeding Budget: If an amount exceeds the previous year's actual income and expenditure by more than 20%, prior approval is required from:
- State Government (for Corporations and Councils).
- Deputy Director (Regional) (for Municipal Boards).
- Contract Execution: Every contract must be in writing, signed by the Chairman and Executive Officer, and sealed with the common seal of the Board.
Rule 15: Technical Approval of Estimates and Bills
The following officers can technically approve/examine estimates and bills for construction works up to the limits shown:
| Officer Level | Sanctioning Limit (₹) |
|---|---|
| Engineering Subordinate / Junior Engineer | Up to ₹30,000 |
| Assistant Engineer | Up to ₹1 Lakh |
| Executive Engineer | Up to ₹15 Lakhs |
| Superintending Engineer | Up to ₹25 Lakhs |
| Additional Chief Engineer | Up to ₹40 Lakhs |
| Superintending Engineer (Directorate, Local Bodies) | Above ₹15 Lakhs |
- Note 1: The powers of Junior and Assistant Engineers apply only if no higher-ranking technical officer is posted in that Municipality/Council.
- Note 2: In a Municipal Corporation/Council where no Superintending Engineer or Additional Chief Engineer is posted, the power to approve matters above ₹15 Lakhs lies with the Superintending Engineer (Local Bodies).
Rule 16: Compliance
- No contract is legally binding unless it complies with these rules and the Act.
Rule 17: Forms of Tenders, etc.
- Tender forms, notices, and agreements shall follow the format prescribed in the Rajasthan General Financial & Accounts Rules.
- The procedure for executing works, payments, registers, and other transactions shall be the same as used in the Public Works Department (B&R) of the State Government.