CONTENTS - Central Public Works Department

SECTION 33
unskilled male mazdoor’ notified by the Ministry of Labour and that notified by the Local
Administration, will be collected by the Superintending Engineer (TAS). He will work out the indices
relevant to each month as per definition given in the sub clause and communicate to all the ADGs,
Chief Engineers and Superintending Engineers, who would arrange to circulate these figures to all
the Executive Engineers under their jurisdiction.
(5) Copies of all sanctions issued by the Executive Engineer shall be sent to his Superintending
Engineer and to his Chief Engineer also if the tender for the work was accepted by the Chief
Engineer.
33.11 Clause 12 of Forms no. CPWD 7 & 8
(1) Under this clause the Engineer-in-charge has powers to make any alterations in, omission from,
addition to or substitution for the original specifications, drawings, designs and instructions.
(2) The Engineer-in-charge is empowered under this clause to give necessary instructions to the
contractor, and the contractor is bound to carry out the work in accordance with such instructions,
but the following three conditions should be satisfied in the issue of such instructions:
(i) Instructions must be given before any additional or substituted item is taken up.
(ii) They must be given in writing.
(iii) They must be signed by the Engineer-in-charge.
33.11.1 Extension of time due to variations in items executed
As regards the extra time for completion of the work due to deviations in agreement items [para 24.1
of this Manual may be referred to], and altered, additional or substituted items, the Engineer-in-charge
should determine the proportion that the algebraic sum of deviated, altered, additional or substituted work
bears to the original contract work and certify for such portion. For substituted items, the additional cost of
modified component only is to be taken. Payment made towards clause 10C/10CA/10CC should not be
considered. He should extend the time for the completion of the work according to such proportion plus
25% thereof. The proportion so determined by the Engineer-in-charge is final, and the contractor cannot
raise a dispute as to such proportion and demand arbitration. However, if the contractor feels that the
period of extension given is, having regard to the proportion so determined miscalculated, it is open to him
to request arbitration under the relevant clause about the propriety or otherwise of such period of extension.
33.11.2 Precautions to be taken during sanction of items
(1) Some times while sanctioning items the Engineer-in-charge gives the impression to the contractor
that although he had recommended higher rates, the Superintending Engineer or the Chief Engineer
has reduced them. It should clearly be borne in mind that under the terms of the contract it is the
Executive Engineer who is the competent authority for according such sanction, and it should be
so worked as to convey clearly to the other party that the items have been sanctioned by him and
not for or at the instance of the higher authority.
(2) Sometimes the Executive Engineer endorses copies of communication addressed by him to the
competent authority for sanctioning rates for certain items, to the contractor concerned. This practice
is irregular and is likely to cause legal complications. All communications in connection with fixation of
rates etc. should be marked “Confidential”, and copies thereof should not be endorsed to the contractor
or any other private party. In reply to the communications of the contractor asking for early settlement
of items, which are required to be examined and sanctioned by higher authorities and the sanction is
awaited, the contractor should not be informed that sanction of the competent authority is awaited.
They should only be informed that the matter is under consideration and is receiving attention.
209