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CONTENTS - Central Public Works Department

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SECTION 52<br />

(2) The inspection reports are sent by the CTE to the Executive Engineer concerned, to which the<br />

Executive Engineer shall reply within the period mentioned in the letter. Matter of serious nature,<br />

or such matters pertaining to sanctions of estimates, NIT’s acceptance of tenders etc., dealt by<br />

the higher officers, may be referred by the CTE to be replied by the higher officers.<br />

(3) In respect of such paras, the Executive Engineer shall send his comments, if required by the<br />

higher officers, to the Superintending Engineer concerned, and not directly to the CTE.<br />

(4) In order to expedite replies and settle the points and to ensure timely action, it is essential that the<br />

time limit fixed by the CTE is strictly adhered to by the officers of CPWD at all levels. For keeping<br />

a proper watch in the disposal, the Executive Engineer/Superintending Engineer/Chief Engineer<br />

shall maintain a register in proforma given in Appendix 44.<br />

52.4 Recoveries of overpayments pointed out by the CTE<br />

(1) Normally the recoveries of overpayments pointed out by the CTE should be made within a period<br />

of 3 months from the date of issue of memorandum by the CTE. The overpayment arising out of<br />

the defects pointed out by the CTE should be promptly assessed and accepted by the Divisional<br />

Officer whenever agreed to, and the recoveries effected from the money due to the contractor,<br />

either from the same work from the immediate running bill, or from any other work or from the<br />

security deposit, if any, with the Director General (<strong>Works</strong>).<br />

(2) In no case, action to recover the overpaid amount should be kept pending, or be kept in abeyance<br />

on account of the case being before the Arbitrator. Action in terms of the award can be taken after<br />

the award is received and accepted by the competent authority. Recoveries/adjustment of the<br />

amount in question should, in no case, be effected by debiting the amount to Miscellaneous <strong>Public</strong><br />

<strong>Works</strong> Advance (MPWA).<br />

(3) In order that the recoveries of overpayment pointed out by the CTE are promptly effected, a<br />

Register of Overpayments pointed out by the CTE Organisation and subsequent recoveries<br />

effected, should be maintained by the Divisional Officer in the proforma given in Appendix 45.<br />

(4) Although the inspection of CTE is a part of the contract, yet the CTE is not a party to the contract,<br />

no reference should be made to his inspection/examination of works in any correspondence made<br />

with the contractor. Notice for rectification of defects, recoveries to the made etc., shall be issued<br />

by the Engineer-in-charge, who is party to the contract, acting for and on behalf of the President<br />

of India.<br />

281

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