CONTENTS - Central Public Works Department

164 SECTION 23
(ii) The Divisional Officer shall incorporate the corrections and send certified copies of the
agreement to the following:
(a) Tender accepting authority,
(b) Pay and Accounts Officer,
(c) Divisional Accountant,
(d) Assistant Engineer(s) in charge,
(e) Junior Engineer(s) in charge.
(iii) It has been observed that there is a lot of avoidable delay in the supply of copies to Audit/Pay
and Accounts Office. According to instructions, a copy is required to be supplied to Audit/Pay
and Accounts Office latest within 4 weeks of acceptance of a tender.
(4) Certification of agreement
(i) The Divisional Officers should certify each copy of an agreement as “True copy” and put their
full signatures in token of such certification. Similar action may be taken by Assistant Executive
Engineer/Assistant Engineer in respect of agreements within his power.
(ii) Also, the original, duplicate and all copies of an agreement should be properly sealed.
(5) Payments only after execution and supply of copies of agreement
In the absence of execution of agreement, the first payment should not be made to the contractor
without specific sanction from the Superintending Engineer. No subsequent payment(s) should be
made unless the agreement has been signed.
23.5 Weeding out of old agreements
(1) Formation of Committee
For weeding out old agreements, a Committee consisting of the following shall be constituted by
the Chief Engineer:
(a) Superintending Engineer(P)/Superintending Engineer(A)
(b) Financial Officer to Chief Engineer
(c) Executive Engineer of the concerned Division
(d) Divisional Accountant of the concerned Division.
(2) The Committee will review all agreements for which final bill has been paid at least 10 years earlier
and will decide which of those are to be weeded out, considering the points given in (a), (b) and (c)
below. The Committee will record the following certificate before weeding out/destruction of such
records.
(a) The agreements are not required to be preserved for legal references, such as arbitration/
court cases, or any other claims of contractor/department.
(b) The agreements are not required to be preserved for any pending Statutory Audit/Internal
Audit paras, or settlement of any accounts affecting the exchequer.
(c) The Committee is satisfied that these records are no more required for any other referred
cases etc., and no claims in respect of such records are likely to arise in future.
(3) The Committee will also prepare a list of such records as per proforma given in (Annexure) for all
agreements that are weeded out.
23.6 Supplementary agreements
(1) Where it is not desirable to keep the complete contract open for minor items, execution of which is
not immediately possible on account of:
(i) Certain prerequisite(s) which is(are) not the responsibility of the contractor, or
(ii) Execution of maintenance/operation of equipments and installations for a specified period after
completion of the construction/erection work.
In such cases the main contract may be finalized, and the residual work may be got done
through the same contractor by execution of a Supplementary Agreement on the form prescribed
vide Appendix 26.