CONTENTS - Central Public Works Department

228 SECTION 35
(2) The decretal amount of the claim vide item (i) above should be debited in all cases to the works
concerned, and the charges referred to in item (ii) above to the sub-head “Establishment
Contingencies” of the executing department. As regards item (iii), the amount should generally be
borne by the department on whose behalf the work is undertaken on the ground that the action of
the executing department was as agent and taken in the interests of the work.
(3) When, however, it is established that the law suit has been caused by a deliberate act of an
employee of the agent department for his personal gain, the charges should be adjusted by recovery
from the individual concerned or by debit against the merits of each case. Such cases should be
submitted to the Government of India for their orders.
35.22 General
(1) In order to enable the Executive Engineers to put up proper defence of the case, it is necessary
that as and when the Executive Engineers hand over charge of the Division, or transfer arbitration
cases/works, they should, unless all the facts and arguments are already explained in the written
counter statement of facts, prepare and place on record a self-contained note giving all the facts
of the case and detailed comments on the claims.
(2) In order to enable speedy disposal of cases, the Executive Engineers should not ask for
adjournment to the extent possible.
(3) The Executive Engineer should always maintain a separate file so far as the disputes that have
cropped up on the work during the progress of the work. In case of his transfer or relinquishing
charge due to any reason, he should leave a self contained note on the file at the time of his
handing over charge, giving full background of all the disputes that have cropped up during the
time of his incumbency, various developments thereon and the orders passed with due reference
to the connected files. This should form a necessary and essential feature of all the handing over
notes. Suitable method and procedure should be devised in the Divisional Office by which such
files are carefully preserved and become available at a later stage to the Executive Engineer who
is required to defend the case.
(4) The transferred Executive Engineers should make a comprehensive note about the pending
claims of all the contractors for works in progress or completed in their time, except those where
counter statements of facts have already been prepared. The note should indicate the admissibility
or otherwise of each claim and the orders of competent authority. The note along with attested
true copies of important letters mentioned therein should be handed over to their successors/
other Divisions.
(5) It should be made a rule in the Divisional Office that all the drawings issued with the NIT, and
those subsequently followed for execution of works are properly preserved and kept along with
the contract documents. It should be ensured by the Executive Engineer that suitable and adequate
arrangements are made in his Division regarding preservation of all important documents, registers
etc. Besides others, a list of all such records should be prepared and kept handy so that correct
position of each case may be known to the Executive Engineer who is required to conduct the
case, to enable him to do so on proper lines.
(6) The arbitration cases should not be considered as legacy of old and defunct Divisions handed
over to subsequent Executive Engineers. These should, on the other hand, be given due importance
and dealt with on priority basis at all stages till these are finally disposed of.
(7) One of the important documents for defence in an arbitration case is the agreement. It is essential
that a copy of the Superintending Engineer’s orders conveying his decision on recovery of
compensation and copies of sanctioned extra, substituted and deviated items and sanctions to
extension of time, etc. are attached to the original agreement so that these are readily available
during the hearings of the arbitration case. It would be better if these papers are got signed by the
contractor as far as possible, so that any claim on these issues can be refuted before the Arbitrator.