Panchayat:Repo18/Law Manual Page0618

Provided further that, the Panchayat shall obtain the previous sanction of the technical committee specified under sub-rule (1) of Rule 5 where the excess over the estimate is more than five percent.

(4) The Executive Committee Convener of the Samithi shall enter into an agreement with the Panchayat in conformity with the decision of the Government for due performance and completion of work undertaken by the beneficiary committee. Abond [signed by the members of the executive committee, shall be given to the Panchayat by entrusting the convener to enter into such agreement, by agreeing the right to complete the work at their risk, if the execution and completion of work is not satisfactory, directly by the Panchayat or through the contractor and by agreeing to realise jointly and severally from the members of the beneficiary committee including the convener the loss sustained by the Panchayat.

(5) In the case of work executed by the Panchayat through the beneficiary committee, there shall be no binami transactions and if the binami transactions are revealed, the contract entered into by the convener of the Executive Committee of the beneficiary committee under sub-rule (4) shall be set aside at the risk of the beneficiary committee and the work shall be completed either by the Panchayat directly or through contractor and the persons responsible for the binami transactions shall be held liable for the misuse of Panchayat fund.

(6) Convener of the Executive Committee of the beneficiary committee shall keep in writing the details of quality, quantity and price of goods and materials, number of labourers, wages and connected details of the work and entrust it to the Secretary of the Panchayat completion of work.

(7) An amount of 25% of the estimate or 5 Rs. 1,00,000 (One lakh), whichever is less may be given in advance to the Convener of the Executive Committee of the beneficiary committee before the commencement of work with the sanction of the Panchayat Committee and interim payment may be sanctioned in proportion to the work executed and proportionate portion of advance may be deducted from it and the interim payment and the remaining portion of advance amount shall be deducted from the final bill.

14. Inspection and test check of public works.- (1) Every work under taken by the Panchayat shall be executed under the direct control and supervision of the Panchayat Engineer or other technical employees empowered by him and the progress and quality of the work shall be inspected and test checked by them directly and they are either jointly or severally responsible for the satisfactory completion of such work.

(2) Panchayat Engineer shall inspect and ensure the quality of goods and materials used for the execution of work.

(3) If technical sanction to any Work has been accorded by an Engineer of a Government department or another Panchayat or Municipality, he shall inspect the quality and progress of that work and ellglble traveling allowance shall be glven to him from the Panchayat.

(4) Any member of the Panchayat, Social Audit Committee appointed by the Panchayat, the sub committee appointed by the Grama Sabha, any beneficiary committee connected with the work and the Inspecting Officers deputed by the Government for this purpose shall have the right to inspect the execution of public work at any time.

(5) In case a new item of work which has not been included in the estimate for unforeseen reasons or an additional work has to be executed during the course of execution of a public work in accordance with the estimate, an estimate for the excess work shall be prepared and previous sanction shall be obtained from the authorities who had given administrative and technical sanction