General Financial Rules, 2017 โ Study Notes
| Rule No. | Rule Title | Key Point |
|---|---|---|
| Rule 1 | Short Title and Commencement | GFR 2017 ยท At once ยท Applies to all Central Govt. Ministries/Depts ยท Autonomous Bodies unless own rules |
| Rule 2 | Definitions | 32 definitions ยท DDO = Gazetted Officer ยท HoD = min. Dy. Secy. ยท FY = 1 Aprโ31 Mar ยท CAPEX & OPEX models |
| Rule 3 | Inter-Departmental Consultation | All concerned depts must concur OR Cabinet decides ยท Indirect effect also counts |
| Rule 4 | Departmental Regulations of Financial Character | All financial regulations โ by or with MoF concurrence |
| Rule 5 | Removal of Doubts | Interpretation doubts โ Ministry of Finance decides ยท Decision is final |
| Rule 6 | Modifications | MoF may issue general/special instructions ยท Any other authority โ EXPRESS MoF approval mandatory |
- ๐These rules shall be called the General Financial Rules, 2017.
- โกThey come into force at once โ immediately upon publication in the Official Gazette.
- ๐๏ธApply to all Central Government Ministries and Departments, including their attached and subordinate offices.
- ๐ขGFR shall be deemed to apply to autonomous bodies also โ unless such a body has its own Financial Rules incorporated in its bye-laws and approved by the Government.
- โ ๏ธThe mere existence of bye-laws is not enough โ the financial rules must be specifically incorporated and carry Government approval.
Rule 2 contains 32 definitions. The most important ones for examination purposes are set out below.
- ๐Accounts Officer [Cl. i]: The Head of an office of accounts โ i.e., the Head of a Pay and Accounts Office (PAO).
- ๐Appropriation [Cl. iii]: Assignment of funds to meet expenditure of a specified kind from a primary unit of appropriation.
- ๐Competent Authority [Cl. v]: The President of India, or any authority to whom the President has delegated power under DFPR or through general/special orders.
- ๐Consolidated Fund of India [Cl. vii]: Fund under Article 266(1) of the Constitution โ all revenues received and loans raised by the Government.
- ๐Contingency Fund of India [Cl. viii]: Under Article 267(1) and the Contingency Fund of India Act, 1950. At the disposal of the President to meet unforeseen expenditure pending Parliamentary authorisation.
- ๐Controlling Officer [Cl. x]: Responsible for supervising revenue collection and controlling expenditure under a major head. Includes Head of Department and Administrator.
- ๐DDO [Cl. xii]: A Gazetted Officer authorised to draw bills and make payments on behalf of the Government โ also includes Head of Department or Administrator where they discharge such functions. โญ Very Important
- ๐Financial Year [Cl. xiv]: 1st April to 31st March of the following year.
- ๐Government Account [Cl. xvi]: Three parts โ Consolidated Fund + Contingency Fund + Public Account of India.
- ๐Head of Department [Cl. xvii]: Declared by competent authority โ shall not be of a rank below that of Deputy Secretary to the Government of India. โญ Exam point
- ๐Public Account of India [Cl. xxiii]: Under Article 266(2) โ moneys received by or held on behalf of the Government other than those in the Consolidated Fund.
- ๐Re-appropriation [Cl. xxvi]: Transfer of funds from one primary unit of appropriation to another within the same grant.
- ๐๏ธCAPEX Model [Cl. xxxi]: Buyer purchases the asset outright. Arranges maintenance after warranty. Disposes of the asset at the end of useful life. Ownership transfers to buyer at once.
- ๐OPEX Model [Cl. xxxii]: Seller provides, maintains, and supplies consumables for the asset. Takes it back at end of life. Buyer pays a staggered periodic fee. Seller retains ownership throughout.
| Parameter | CAPEX | OPEX |
|---|---|---|
| Ownership | Transfers to Buyer | Remains with Seller |
| Payment | One-time / upfront | Staggered periodic payments |
| Maintenance | Buyer (after warranty) | Seller throughout |
| Consumables | Buyer procures separately | Seller supplies |
| End of Life | Buyer disposes | Seller takes back |
| Obsolescence Risk | Buyer | Seller |
- ๐คNo order or rule on a matter affecting more than one Ministry or Department shall be issued without prior consultation with all concerned Ministries or Departments.
- โ Exception: If the matter has already been decided by the Cabinet, no prior consultation is required.
- ๐All Departmental Regulations of a financial character must be made by or with the concurrence of the Ministry of Finance.
- โNo Ministry or Department can unilaterally issue financial regulations without MoF involvement.
- โIf any doubt arises regarding the interpretation of any provision of GFR, the matter shall be referred to the Ministry of Finance, whose decision shall be final.
- ๐๏ธMoF is the sole and final interpreter of the GFR. No other authority can interpret its provisions โ all doubts are referred to MoF.
- โ๏ธThe Ministry of Finance may issue general or special instructions modifying the procedure prescribed in these rules.
- ๐Any other authority may modify GFR provisions only with the express approval of the Ministry of Finance.
| Rule No. | Rule Title | Key Point |
|---|---|---|
| Government Receipts (Rules 7โ20) | ||
| Rule 7 | All Receipts into Government Account | All moneys received โ brought into Govt Account without delay ยท Art.150 & 283(1) |
| Rule 8 | Moneys into Public Account ยท Court Moneys | Art.284 โ non-revenue moneys received by officers โ Public Account ยท Supreme Court & UT Courts included |
| Rule 9 | Duty to Assess and Collect Receipts | Dept must ensure dues correctly and promptly assessed, collected and credited |
| Rule 10 | Controlling Officer โ Monthly Accounts | CO to obtain monthly accounts from subordinates ยท Compare with Accounts Officer statements |
| Rule 11 | Rules on Revenue Assessment & Receipt Books | Detailed rules in dept regulations ยท Receipt books in Form GAR-6 |
| Rule 12 | Outstanding Dues | Amounts due not to be left outstanding ยท If irrecoverable โ competent authority orders |
| Rule 13 | No Credit via Suspense Head | Credit must follow actual realisation ยท No debit to suspense head unless specially authorised |
| Rule 14 | Report of Revenue Collection Progress | HoD/Administrator to keep Finance Ministry informed of revenue progress and variations from BE |
| Rule 15 | Rents of Buildings and Lands | HoD responsible for recovery of rent ยท Procedure as per CPWD rules |
| Rule 16 | Fines | Authority to realise fines must deposit money ยท Authority to refund must prevent double refunds |
| Rule 17 | Miscellaneous Demands | Accounts Officers to watch realisation of misc. demands โ contributions from States, Local Funds, contractors |
| Rule 18 | Remission of Revenue | Revenue not to be remitted or abandoned without sanction of competent authority |
| Rule 19 | Annual Statement of Remissions | Submit to Audit & Accounts Officer by 1st June annually ยท Individual remissions below โน1,000 excluded |
| Rule 20 | Rules on Remissions | Departments may make rules defining remissions and abandonments of revenue |
| Section I โ General Principles Relating to Expenditure and Payment of Money (Rules 21โ32) | ||
| Rule 21 | Standards of Financial Propriety | 4 principles ยท Ordinary prudence ยท No excess ยท No self-benefit ยท No private benefit except court-enforceable or policy |
| Rule 22 | Expenditure from Public Funds | No expenditure unless sanctioned by competent authority ยท Applies to CF, Contingency Fund, Public Account |
| Rule 23 | Delegation of Financial Powers | Powers delegated via DFPR ยท Undelegated powers vest in Finance Ministry |
| Rule 24 | Consultation with Financial Advisers | All draft memos for EFC/PIB/CEE/CCEA/Cabinet โ after FA consultation ยท Confirmation in memo mandatory |
| Rule 25 | Provision of Funds for Sanction | Sanction must indicate source of funds ยท Must state if valid appropriation/re-appropriation available |
| Rule 26 | Responsibility of Controlling Officer | 4 duties โ No excess ยท Right purpose ยท Public interest ยท Adequate control mechanism |
| Rule 27 | Date of Effect of Sanction | Comes into force from date of issue ยท For temporary posts โ date of creation to be specified |
| Rule 28 | Powers in Special Matters | No grant of land / assignment of revenue / mineral rights / relinquishment without Finance Ministry consent |
| Rule 29 | Communication of Sanctions | All sanctions to be communicated to Audit & Accounts Officers ยท 12 sub-clauses for procedure |
| Rule 30 | Lapse of Sanctions | Lapse if no payment in 12 months ยท 3 provisos (dept regulations / specific FY / stores with accepted tenders) |
| Rule 31 | Non-lapsing Sanctions | Additions to permanent establishment under general scheme / allowances for post โ do not lapse |
| Rule 32 | Remission of Disallowances / Write-off of Overpayments | As per DFPR and instructions issued thereunder |
| Section II โ Defalcation and Losses (Rules 33โ38) | ||
| Rule 33 | Report of Losses (7 sub-rules) | Immediately to next higher authority + Statutory Audit Officer + Principal Accounts Officer ยท 2 exemptions ยท 2-stage reporting ยท โน10,000 petty loss exemption |
| Rule 34 | Loss due to Fire, Theft, Fraud | Losses above โน50,000 โ reported to Police ยท Police investigation report to be obtained |
| Rule 35 | Loss of Immovable Property | Losses exceeding โน50,000 (buildings, works) due to natural causes โ reported to Govt through usual channel |
| Rule 36 | Report to Audit and Accounts Officers | Detailed report after full enquiry ยท Copy simultaneously to Audit Officer and PAO |
| Rule 37 | Responsibility for Losses | Personally responsible for own fraud/negligence ยท Also responsible for others' if contributed ยท Dept proceedings per Appendix 1 |
| Rule 38 | Prompt Disposal of Loss Cases | All stages โ detection, reporting, write-off, final disposal, action against delinquents โ to be completed promptly |
| Section III โ Submission of Records and Information (Rules 39โ41) | ||
| Rule 39 | Demand for Information by Audit/Accounts Officer | Afford all reasonable facilities to Audit Officer and PAO ยท Furnish all information for accounts, reports, payments, internal audit |
| Rule 40 | Non-withholding of Documents | No authority to withhold any information, books or documents from Audit/Accounts Officer |
| Rule 41 | Secret / Top Secret Files | Send personally to Head of Audit Office specifying classification ยท Dealt with per standing instructions |
- ๐ฐAll moneys received by or on behalf of the Government โ whether as dues of Government, for deposit, remittance, or otherwise โ shall be brought into Government Account without delay.
- ๐This shall be in accordance with such general or special rules as may be issued under Articles 150 and 283(1) of the Constitution.
- โ๏ธArticle 150: Accounts of the Union and States to be kept in such form as the President may, on advice of the C&AG, prescribe.
- โ๏ธArticle 283(1): Custody of the Consolidated Fund of India, the Contingency Fund of India, and payment of moneys into or withdrawal from such funds to be regulated by law made by Parliament.
- โ๏ธUnder Article 284 of the Constitution, all moneys received by or deposited with any officer employed in connection with the affairs of the Union โ other than revenues or public moneys raised or received by Government โ shall be paid into the Public Account.
- ๐๏ธAll moneys received by or deposited with the Supreme Court of India, or with any other Court (other than a High Court) within a Union Territory, shall also be dealt with similarly โ paid into the Public Account.
- ๐The head of account to which such moneys shall be credited and the procedure for withdrawal shall be governed by the:
- ๐Government Accounting Rules, 1990, and
- ๐Central Government Account (Receipts and Payments) Rules, 1983, or such other general or special orders as may be issued in this behalf.
- ๐Art. 266(1) โ Consolidated Fund of India (revenues + loans raised by Govt).
- ๐Art. 266(2) โ Public Account of India (moneys received on behalf of Govt, other than CF).
- ๐Art. 284 โ Non-revenue moneys received by officers โ specifically directed to Public Account.
- ๐๏ธIt is the duty of the Department of the Central Government concerned to ensure that the receipts and dues of the Government are:
- 1๏ธโฃCorrectly assessed
- 2๏ธโฃPromptly collected
- 3๏ธโฃDuly credited to the Consolidated Fund or Public Account as the case may be.
- ๐The Controlling Officer shall arrange to obtain from his subordinate officers monthly accounts and returns in suitable form, claiming credit for the amounts paid into the treasury or bank.
- ๐He must compare these accounts with the statements of credits furnished by the Accounts Officer to verify that amounts reported as collected have been duly credited.
- ๐Each Accounts Officer shall send an extract from his accounts showing amounts brought to credit each month to the Controlling Officer concerned.
- โ This monthly comparison ensures that all collections by subordinate officers are actually reaching the Government Account and are not being diverted or delayed.
- ๐Detailed rules and procedures regarding assessment, collection, allocation, remission and abandonment of revenue and other receipts shall be laid down in the regulations of the Department responsible for the same.
- ๐๏ธIn departments where officers receive money on behalf of Government and issue receipts in Form GAR-6, the departmental regulations must provide for:
- ๐Maintenance of a proper account of the receipt and issue of receipt books.
- ๐The number of receipt books to be issued at a time to each officer.
- ๐A check with the officer's accounts of the used books when returned.
- โฐAmounts due to Government shall not be left outstanding without sufficient reasons.
- ๐Where such amounts appear to be irrecoverable, the orders of the competent authority shall be obtained for their adjustment.
- ๐กOutstanding dues are a risk of revenue loss. Officers must actively pursue collection and not let dues languish. If irrecoverable, formal orders are required before writing them off โ unilateral abandonment is not permissible.
- โUnless specially authorised by any rule or order made by competent authority, no sums shall be credited as revenue by debit to a suspense head.
- โ The credit must follow and not precede actual realisation.
- ๐An Administrator or Head of a Department responsible for the collection of revenue shall keep the Finance Ministry fully informed of:
- ๐The progress of collection of revenue under his control.
- โ ๏ธAll important variations in such collections as compared with the Budget Estimates.
- ๐This is subject to any general or special orders issued by the Department of the Central Government concerned.
- ๐ขWhen the maintenance of any rentable building is entrusted to a civil department (other than the Central Public Works Department), the Administrator or Head of Department concerned shall be responsible for the due recovery of rent thereof.
- ๐The procedure for assessment and recovery of rent of any building hired out will be regulated generally by the rules applicable to buildings under the direct charge of CPWD.
- ๐Detailed rules regarding demand and recovery of rent of Government buildings and lands are contained in the departmental regulations of the departments in charge of those buildings.
- โ๏ธEvery authority having the power to impose and/or realise a fine shall ensure that the money is:
- โ Realised
- โ Duly checked
- โ Deposited into a treasury or bank as the case may be.
- โEvery authority having the power to refund fines shall ensure that:
- ๐ซNo double refunds of amounts of fines collected are made.
- ๐ซNo refunds of fines not actually paid into a treasury or bank are made.
- ๐Accounts Officers shall watch the realisation of miscellaneous demands of Government not falling under the ordinary revenue administration.
- ๐Examples include contributions from:
- ๐๏ธState Governments
- ๐๏ธLocal Funds
- ๐๏ธContractors and others towards establishment charges
- โA claim to revenue shall not be remitted or abandoned save with the sanction of the competent authority.
- ๐กEvery rupee of Government revenue is public money. No officer can waive a Government's claim to revenue on his own โ formal sanction from the authority empowered to remit is always required.
- ๐
Administrators and Heads of Departments (other than those in the Department of Posts) shall submit annually on 1st June to the Audit Officer and Accounts Officer concerned, statements showing:
- ๐Remissions of revenue and abandonments of claims to revenue sanctioned during the preceding year by competent authorities.
- ๐Exercised otherwise than by law or rule having the force of law.
- ๐กThreshold: Individual remissions below โน1,000 need not be included in the statements. โญ โน1,000 limit
- ๐Remissions and abandonments should be classified broadly with reference to the grounds on which they were sanctioned.
- ๐A total figure should be given for each class, with a brief explanation of circumstances leading to the remission for each class.
- ๐Departments of the Central Government and Administrators may make rules defining remissions and abandonments of revenue for the purpose of Rule 19.
Every officer incurring or authorising expenditure from public moneys should be guided by high standards of financial propriety and enforce financial order, strict economy, and compliance with all financial rules. The following four principles are specifically emphasised:
- ๐กEvery officer is expected to exercise the same vigilance in respect of expenditure from public moneys as a person of ordinary prudence would exercise in respect of his own money.
- ๐ธThe expenditure should not be prima facie more than the occasion demands. Economy and proportionality are the watchwords.
- โNo authority should exercise its powers of sanctioning expenditure to pass an order which will be directly or indirectly to its own advantage. No one shall be a judge in his own cause.
- ๐ซExpenditure from public moneys should not be incurred for the benefit of a particular person or a section of the people, unless โ
- โ (a) A claim for the amount could be enforced in a Court of Law, or
- โ (b) The expenditure is in pursuance of a recognised policy or custom.
- โ ๏ธGFR Rule 21 as enacted prescribes 4 principles (not 5). The oft-cited "5 Canons" including "No Loss of Interest" is a popular study shorthand โ but in the actual GFR text Rule 21 lists only the four principles above. Principle IV contains important two exceptions (court-enforceable or recognised policy) which are frequently tested.
- โNo authority may incur any expenditure or enter into any liability involving expenditure or transfer of moneys for investment or deposit from public funds (Consolidated Fund / Contingency Fund / Public Accounts) unless the same has been sanctioned by a competent authority.
- ๐The financial powers of the Government have been delegated to various subordinate authorities vide the Delegation of Financial Powers Rules (DFPR), as amended from time to time.
- ๐๏ธThe financial powers of the Government which have not been delegated to a subordinate authority shall vest in the Finance Ministry.
- ๐กDFPR creates the hierarchy of financial authority. Any power not explicitly delegated by DFPR flows upward to the Ministry of Finance. No vacuum exists in financial authority.
- ๐คAll draft memoranda for the following committees/bodies shall be circulated by the Ministry or Department concerned after consultation with the Financial Adviser of that Ministry or Department:
- ๐Expenditure Finance Committee (EFC)
- ๐Public Investment Bureau (PIB)
- ๐Committee on Establishment Expenditure (CEE)
- ๐Cabinet Committee for Economic Affairs (CCEA)
- ๐Cabinet
- ๐A confirmation to this effect (that FA consultation has been done) shall be included in the draft memorandum at the circulation stage. โ Exam point
- ๐All sanctions to expenditure shall indicate the details of the provision in the relevant grant or appropriation wherefrom such expenditure is to be met.
- ๐All proposals for sanction to expenditure shall indicate whether such expenditure can be met by valid appropriation or re-appropriation.
- โกWhere it becomes necessary to issue a sanction before funds are communicated, the sanction should specify that such expenditure is subject to funds being communicated in the budget of the year.
The Controlling Officer must ensure four things in respect of funds placed at his disposal:
- 1๏ธโฃThat the expenditure does not exceed the budget allocation.
- 2๏ธโฃThat the expenditure is incurred for the purpose for which funds have been provided.
- 3๏ธโฃThat the expenditure is incurred in public interest.
- 4๏ธโฃThat adequate control mechanisms are functioning in his Department for:
- ๐Prevention and detection of errors and irregularities in financial proceedings of subordinate offices.
- ๐ก๏ธTo guard against waste and loss of public money.
- ๐ Subject to fulfillment of the provisions of DFPR, all rules, sanctions or orders shall come into force from the date of issue, unless any other date from which they shall come into force is specified therein.
- ๐Orders sanctioning the creation of a temporary post should, in addition to the sanctioned duration, invariably specify the date from which it is to be created.
Except in pursuance of the general delegation made by, or with the approval of the President, a subordinate authority shall not, without the previous consent of the Finance Ministry, issue an order which involves:
- ๐๏ธ(i) Any grant of land, or assignment of revenue, or concession, grant, lease or licence of mineral or forest rights, or rights to water, power or any easement or privilege of such concessions, or
- ๐ธ(ii) Relinquishment of revenue in any way.
All financial sanctions and orders issued by a competent authority shall be communicated to the Audit Officer and the Accounts Officer. The procedure is detailed in twelve sub-clauses, the key ones being:
- ๐น(i) Sanctions relating to a matter concerning the Department proper, on the basis of which payment is to be made or authorised by the Accounts Officer โ should be addressed to the Accounts Officer.
- ๐น(ii) All other sanctions should be accorded in the form of an Order โ a copy thereof should be endorsed to the Accounts Officer concerned.
- ๐น(iii) For non-recurring expenditure, the sanctioning authority may accord sanction by signing or countersigning the bill or voucher instead of a separate sanction letter.
- ๐น(vi) All orders conveying sanctions to expenditure of a definite amount shall express the amount both in words and figures.
- ๐น(xi) Copies of all sanctions/orders shall be endorsed to Audit Officers, except the following categories (which need not be sent to audit):
- ๐ซAdvances to Central Govt. employees
- ๐ซAppointment, promotion or transfer of Gazetted/Non-Gazetted officers
- ๐ซCreation, continuation or abolition of posts
- ๐ซHanding over/taking over charge
- ๐ซGPF advances to Government servants
- ๐ซContingent expenditure under powers of Head of Office
- ๐ซOther routine sanctions by Heads of Subordinate Officers
- ๐๏ธOrders issued by a Department of a Union Territory Government where Audit and Accounts have not been separated โ communicated directly to the Audit authority. Where separated โ copies endorsed to Audit authorities.
- โฐA sanction for any fresh charge shall, unless specifically renewed, lapse if no payment has been made (in whole or in part) during a period of twelve months from the date of issue. โ 12 months
- 1๏ธโฃProviso (i): When the period of currency of the sanction is prescribed in departmental regulations or specified in the sanction itself โ it lapses on the expiry of such period (not after 12 months).
- 2๏ธโฃProviso (ii): When there is a specific provision in the sanction that expenditure would be met from the budget provision of a specified financial year โ it lapses at the close of that financial year.
- 3๏ธโฃProviso (iii) โ Stores Purchase: A sanction shall not lapse if, in the case of purchase of stores, tenders have been accepted (for local/direct purchase) or the indent has been placed (for Central Purchases) within the one-year period โ even if actual payment has not been made.
Notwithstanding Rule 30, the following sanctions shall not lapse:
- โ A sanction in respect of an addition to a permanent establishment made from year to year under a general scheme by a competent authority.
- โ A sanction in respect of an allowance sanctioned for a post or for a class of Government servants but not drawn by the officer(s) concerned.
- ๐กThese recurring or structural sanctions are not "fresh charges" โ they are ongoing obligations. Requiring their annual renewal would create unnecessary administrative burden. Hence they are exempted from the lapse rule.
- ๐The remission of disallowances by Audit and writing off of overpayments made to Government servants by competent authorities shall be in accordance with the provisions of the Delegation of Financial Powers Rules and instructions issued thereunder.
- ๐จAny loss or shortage of public moneys, departmental revenue, stamps, opium, stores or other Government property โ irrespective of the cause of loss and manner of detection โ shall be immediately reported by the subordinate authority to:
- ๐The next higher authority
- ๐The Statutory Audit Officer
- ๐The concerned Principal Accounts Officer
- โ Reporting is required even when the loss has been made good by the party responsible for it.
- 1๏ธโฃRevenue assessment errors: (a) Mistakes discovered too late for supplementary claim; (b) Under-assessments overruled by higher authority after the time-limit under law has expired; (c) Refunds allowed on the ground that claims were time-barred.
- 2๏ธโฃPetty losses of value not exceeding โน10,000. โญ โน10,000 limit
- โ ๏ธCases involving serious irregularities shall also be brought to the notice of:
- ๐Financial Adviser or Chief Accounting Authority of the Ministry or Department
- ๐Controller General of Accounts, Ministry of Finance
- 1๏ธโฃInitial Report: Made as soon as a suspicion arises that a loss has taken place โ no need to wait for confirmation.
- 2๏ธโฃFinal Report: Sent after investigation indicating โ nature and extent of loss, errors or neglect of rules which caused the loss, and prospects of recovery.
- ๐The complete report shall reach through proper channels to the Head of Department, who shall finally dispose of it under his delegated powers.
- ๐๏ธReports which he cannot finally dispose of under his delegated powers shall be submitted to the Finance Ministry.
- ๐ฐAn amount lost through misappropriation, defalcation, embezzlement etc. may be redrawn on a simple receipt pending investigation, recovery or write-off โ with the approval of the authority competent to write-off the loss in question.
- ๐๏ธIn cases of loss due to culpability of Government servants, the loss should be borne by the Central Govt. Department or State Govt. concerned with the transaction.
- โ If any recoveries are made from the erring official in cash, the receipt will be credited back to the Government that sustained the loss.
- ๐All cases involving loss from erroneous or irregular issue of cheques or irregular accounting of receipts shall be reported to the Controller General of Accounts along with the circumstances โ so that defects in rules or procedures can be remedied.
- ๐ฅDepartmental Officers shall, in addition to taking action under Rule 33, follow the provisions below in cases involving material loss or destruction of Government property as a result of fire, theft, fraud, etc.
- ๐All losses above โน50,000 due to suspected fire, theft, fraud, etc., shall be invariably reported to the Police for investigation as early as possible. โ โน50,000 threshold for Police
- ๐คOnce the matter is reported to the Police, all concerned must assist the Police in their investigation.
- ๐A formal investigation report shall be obtained from the Police Authorities in all cases referred to them.
- ๐ช๏ธAll loss of immovable property exceeding โน50,000 โ such as buildings, communications, or other works โ caused by fire, flood, cyclone, earthquake or any other natural cause โ shall be reported at once by the subordinate authority to Government through the usual channel. โ โน50,000 threshold
- ๐ขAll other losses (below โน50,000) should be immediately brought to the notice of the next higher authority.
- ๐ฅRule 34: Loss of movable Government property due to fire/theft/fraud โ Police report (above โน50,000).
- ๐ขRule 35: Loss of immovable property due to natural causes โ Report to Government through usual channel (above โน50,000).
- ๐After a full enquiry into the cause and extent of the loss has been made, the detailed report should be sent by the subordinate authority concerned to Government through the proper channel.
- ๐ฌA copy of the report or an abstract thereof shall be simultaneously forwarded to the Audit Officer and the Pay and Accounts Officer.
- ๐คAn officer shall be held personally responsible for any loss sustained by the Government through fraud or negligence on his own part.
- ๐He shall also be held personally responsible for any loss arising from fraud or negligence of any other officer to the extent to which it may be shown that he contributed to the loss by his own action or negligence.
- ๐Departmental proceedings for assessment of responsibility shall be conducted according to the instructions contained in Appendix 1 and those issued by the Ministry of Personnel from time to time.
- โกAction at each stage of detection, reporting, write-off, and final disposal shall be completed promptly.
- ๐ฎSpecial attention must be given to:
- โ๏ธAction against delinquents.
- ๐ก๏ธRemedial measures taken to strengthen the control system.
- ๐คA subordinate authority shall afford all reasonable facilities to the Audit Officer and Pay and Accounts Officer for the discharge of his functions.
- ๐Shall furnish the fullest possible information required for:
- ๐Preparation of any official account or report
- ๐Payments
- ๐Internal audit
- โA subordinate authority shall not withhold any information, books or other documents required by the Audit Officer or Accounts Officer.
- ๐If the contents of any file are categorised as 'Secret' or 'Top Secret', the file may be sent personally to the Head of the Audit Office, specifying this fact.
- ๐The Head of the Audit Office will then deal with it in accordance with the standing instructions for handling and custody of such classified documents.
- ๐กRule 41 does not override Rule 40 โ even classified files must be made available to the Head of Audit. The difference is only in the manner โ they are sent personally and dealt with as per classified document procedures, not through normal channels.
- ๐4 Principles of Financial Propriety (R.21) ยท 4 Duties of Controlling Officer (R.26)
- ๐โน1,000 โ individual remissions below this excluded from annual statement (R.19)
- ๐โน10,000 โ petty losses below this exempted from mandatory loss reporting (R.33)
- ๐โน50,000 โ threshold for Police reporting (movable, R.34) and Govt. reporting (immovable, R.35)
- ๐12 months โ period after which sanction lapses if no payment made (R.30)
- ๐1st June โ annual statement of remissions to be submitted to Audit & Accounts Officer (R.19)
- ๐5 bodies โ draft memos for EFC / PIB / CEE / CCEA / Cabinet โ FA consultation mandatory (R.24)
| Rule No. | Rule Title | Key Point |
|---|---|---|
| Budget Formulation (Rules 42โ56) | ||
| Rule 42 | Financial Year | 1 April โ 31 March |
| Rule 43 | Presentation of Budget to Parliament | Art.112(1) ยท Finance Minister lays AFS before both Houses ยท Railway Budget merged w.e.f. 2017-18 ยท Art.112โ116 governs ยท MoF Budget Division issues guidelines |
| Rule 44 | Contents of Budget | Revenue estimates ยท Expenditure per programme/scheme/project ยท Interest & debt servicing ยท Any other prescribed information |
| Rule 45 | Receipt Estimates | Prepared by estimating authority ยท Major Headโwise ยท Break-up of Minor/Sub/Detailed heads ยท Actuals of past 3 years ยท Cogent reasons for major variations |
| Rule 46 | Non-Tax Revenues | Collected through all Ministries/Depts and autonomous bodies ยท Tax revenues etc. managed by MoF departments |
| Rule 47 | User Charges | Must recover current cost + reasonable return ยท Deviations recorded with reasons ยท Reviewed every 3 years ยท Fixed through Rules/Executive orders (not statute) wherever possible |
| Rule 48 | Dividends and Profits | CPSEs must pay dividend promptly after AGM decision ยท Ministry to monitor ยท As per DIPAM guidelines |
| Rule 49 | Receipts Portal (e-Receipts) | All Ministries/Depts to migrate to e-Receipts ยท Prompt credit to Government account |
| Rule 50 | Expenditure Estimates | Charged vs Voted separated ยท Revenue vs Capital separated ยท Up to object head ยท Scrutinised by FA โ approved by Secretary โ sent to Budget Division |
| Rule 51 | Demands for Grants | Generally 1 DFG per Ministry ยท Main DFG by MoF Budget Division ยท Detailed DFG by Ministry before DRSC |
| Rule 52 | Form of AFS and DFG | Form prescribed by Finance Ministry ยท No change without MoF approval ยท Major head provisions in Detailed DFG must match Demands for Grants |
| Rule 53 | Acceptance and Inclusion of Estimates | Scrutinised in Budget Division ยท Secy (Expenditure) holds pre-budget meetings ยท Final estimates incorporated in Budget documents |
| Rule 54 | Outcome Budget | DoE + NITI Aayog + Ministry ยท Links outlays to outputs/outcomes ยท Measurable/quantitative terms ยท Based on MTEF projections ยท Performance determines continuation & allocation |
| Rule 55 | Vote on Account | Pending Appropriation Bill โ MoF obtains Vote on Account under Art.116 ยท Not to be used for New Service |
| Rule 56 | Communication of Grants | After Appropriation Bill โ MoF communicates to Ministries โ Ministries distribute to subordinate formations โ also communicated to PAOs |
| Section II โ Control of Expenditure Against Budget (Rules 57โ70) | ||
| Rule 57 | Responsibility for Control of Expenditure (8 sub-rules) | Dept responsible through HoDs/COs/DDOs ยท Grant usable only in FY ยท No excess without Supplementary Grant or CF Advance ยท Monthly reconciliation: DDOโPAO ยท Quarterly certificate by 15th of 2nd month after quarter end ยท GFR forms 5,6,7,8,9 maintained |
| Rule 58 | Liability Register | CO to obtain liability statements in Form GFR 3-A monthly from October ยท CO to maintain Liability Register in Form GFR 3 |
| Rule 59 | Estimating Savings or Excesses | HoD/CO must be in position to estimate likelihood of savings or excesses every month |
| Rule 60 | Disproportionate Expenditure | Accounts Officer reports to HoD on first appearance ยท But ultimate responsibility rests with authority administering the grant |
| Rule 61 | Excess Expenditure | PAO shall not allow payment in excess of Budget provisions without CAA's approval ยท FA/CAA must ensure funds available through Re-appropriation or SDG |
| Rule 62 | Surrender of Savings | Surrender to Finance Ministry by prescribed dates ยท Savings surrendered immediately on foresight ยท No reserve for future excesses ยท Rush of expenditure in closing months = breach of financial propriety ยท FA to ensure adherence to Monthly & Quarterly Expenditure Plans |
| Rule 63 | Expenditure on New Service | No expenditure on New Service unless Supplementary Grant or CF Advance obtained |
| Rule 64 | Additional Allotment for Excess | Subordinate authority must get additional allotment before incurring excess ยท Disbursing Officer cannot self-authorise excess ยท Take orders of administrative authority โ Re-appropriation or SDG or CF Advance |
| Rule 65 | Re-appropriation of Funds | Between primary units within a grant ยท Before close of FY ยท Only from units with expected savings ยท Not to create false savings with intent to restore ยท Supported by Form GFR 1 ยท Reasons for saving/excess of โน1 lakh+ to be stated ยท Copy to Accounts Officer |
| Rule 66 | Supplementary Grants | If no savings within grant or New Service โ Supplementary Grant under Art.115(1) before payment |
| Rule 67 | Advance from Contingency Fund | Unforeseen expenditure + no time for Supplementary Demand ยท Art.267(1) ยท Also for excess over Vote on Account ยท Procedure as per CF of India (Amendment) Rules, 2021 |
| Rule 68 | Inevitable Payments | Money indisputably payable shall not ordinarily be left unpaid ยท Provision for anticipated liabilities must be in DFG |
| Rule 69 | Pre-check of Bills | Appendix 10 contains procedure for Accounts Office check against provision of funds |
| Rule 70 | Duties of Chief Accounting Authority (Secretary) | 9 duties โ financial management ยท proper use of funds ยท effective/efficient/economical use ยท appear before PAC ยท monitor programme performance ยท expenditure statements ยท internal controls ยท procurement procedures ยท collect dues & avoid unauthorised expenditure |
- ๐ The financial year of the Government shall commence on the 1st day of April of each year and end on the 31st day of March of the following year.
- ๐๏ธIn accordance with Article 112(1) of the Constitution, the Finance Minister shall arrange to lay before both the Houses of Parliament an Annual Financial Statement (also known as the 'Budget') showing the estimated receipts and expenditure of the Central Government in respect of a financial year, before the commencement of that year.
- ๐The receipts and expenditure of the Railways (a departmental commercial organisation) form part of the Government's receipts and expenditure and are included in the Annual Financial Statement.
- ๐ With the merger of Railway Budget with the General Budget, the Demands for Grants and the Statement of Budget Estimates of Railways shall be part of the General Budget with effect from 2017-18. โญ Exam point
- โ๏ธThe provisions for preparation, formulation and submission of budget to Parliament are contained in Articles 112 to 116 of the Constitution of India.
- ๐The Ministry of Finance, Budget Division shall issue guidelines for preparation of budget estimates from time to time. All Ministries/Departments shall comply in full with these guidelines.
- โ๏ธArt. 112 โ Annual Financial Statement (Budget) ยท Art. 113 โ Procedure for Demands for Grants
- โ๏ธArt. 114 โ Appropriation Bill ยท Art. 115 โ Supplementary Grants ยท Art. 116 โ Vote on Account
The budget shall contain the following:
- 1๏ธโฃEstimates of all revenues expected to be raised during the financial year to which the budget relates.
- 2๏ธโฃEstimates of all expenditure for each programme, scheme and project in that financial year.
- 3๏ธโฃEstimates of all interest and debt servicing charges and any repayments on loans in that financial year.
- 4๏ธโฃAny other information as may be prescribed.
- ๐Detailed estimates of receipts shall be prepared by the estimating authorities separately for each Major Head of Account in the prescribed form.
- ๐For each Major Head, the estimating authority shall give the break-up of the Minor / Sub-head / Detailed-wise estimate along with actuals of the past three years. โญ Past 3 years actuals
- ๐Item-wise break-up of all major items of tax and non-tax revenues shall be clearly identified and depicted in the receipt estimates.
- ๐Any major variation in estimates with reference to past actuals or Budget Estimates shall be supported by cogent reasons.
- ๐๏ธAccounting heads under which major tax and non-tax revenues are collected shall be prescribed by the administrative Ministry in consultation with Budget Division, MoF.
- ๐ฐWhile tax revenues, non-debt capital receipts (including disinvestments) and borrowings are managed by the various Departments of the Ministry of Finance โ
- ๐๏ธNon-tax revenues are collected through all Ministries/Departments and other autonomous bodies and implementing agencies, comprising an important source of revenue for the Government.
- ๐MoF departments manage: Tax revenues ยท Non-debt capital receipts ยท Disinvestments ยท Borrowings
- ๐All Ministries/Depts manage: Non-tax revenues (fees, user charges, dividends, fines, etc.)
- ๐ก'User Charges' is an important component of non-tax revenues. Each Ministry/Department shall identify the user charges levied by it and publish them on its website.
- 1๏ธโฃUser charges must recover the current cost of providing services with a reasonable return on capital investment.
- 2๏ธโฃAny deviation from cost-recovery norms shall be specifically recorded with reasons.
- 3๏ธโฃRates of user charges shall be linked with appropriate price indices and reviewed at least every three years. โ Every 3 years
- 4๏ธโฃTo enable ease of revision, user charges shall be fixed, wherever possible, through Rules or executive orders โ not through a statute. โญ Exam point
- ๐Dividends and profits โ including the transfer of surplus from the Reserve Bank of India โ are a major component of non-tax revenues.
- โกPayment of dividends/profits by Central Public Sector Enterprises (CPSEs) shall not be delayed and must be paid within an appropriate time frame immediately after the decision on dividend is taken in the AGM.
- ๐Ministries or Departments shall monitor timely payments of dividends and profits.
- ๐The dividend shall be payable as per the guidelines issued by DIPAM (Department of Investment and Public Asset Management).
- ๐ปThe Government has provided a public portal for online collection of various non-tax revenues including fees and user charges through e-Receipts.
- ๐All Ministries/Departments shall take prompt measures for migration to e-Receipts, to ensure:
- ๐คCustomer convenience
- โกImmediate credit of receipts to the Government account
- โ๏ธThe expenditure estimates shall show separately:
- ๐Sums required to meet expenditure Charged on the Consolidated Fund under Article 112(3) โ no vote required.
- ๐Sums required to meet other expenditure for which a vote of Lok Sabha is required under Article 113(2) โ voted expenditure.
- ๐Estimates shall also distinguish provisions for Revenue Account from Capital Account, including loans by the Government and repayment of loans, treasury bills, cash management bills, and ways and means advances.
- ๐Detailed estimates of expenditure shall be prepared up to the final unit of appropriation (Object Head) under prescribed Major and Minor Heads for both Revenue and Capital expenditure.
- ๐Estimates shall include suitable provision for liabilities of the previous years to be discharged during the year.
- 1๏ธโฃScrutinised by the Financial Adviser of the Ministry/Department.
- 2๏ธโฃApproved by the Secretary of the Administrative Ministry or Department.
- 3๏ธโฃForwarded to the Budget Division, Ministry of Finance in such manner and forms as may be prescribed.
- ๐The estimates for expenditure for which a vote of Lok Sabha is required shall be in the form of Demands for Grants.
- ๐๏ธGenerally, one Demand for Grant is presented in respect of each Ministry or Department. However, for large Ministries, more than one Demand may be presented.
- ๐Each Demand normally includes provisions required for a service โ i.e., revenue expenditure, capital expenditure, grants to State and UT Governments, and loans and advances relating to the service.
- ๐Main Demand for Grants: Presented to Parliament by the Ministry of Finance, Budget Division, along with the Annual Financial Statement.
- ๐Detailed Demands for Grants: Laid on the Table of Lok Sabha by the concerned Ministries/Departments for consideration by the Departmentally Related Standing Committee (DRSC).
- ๐The form of the Annual Financial Statement and Demands for Grants shall be laid down by the Finance Ministry โ no alteration of arrangement or classification shall be made without the approval of that Ministry.
- ๐The heads under which provision for expenditure shall be made shall be prescribed by the Finance Ministry in consultation with the Administrative Ministry or Department. The authorised heads for a year shall be as shown in the Detailed Demands for Grants passed by Parliament โ no change without formal MoF approval.
- ๐The major head-wise provisions in the Detailed DFG must match with the provision made in the Demands for Grants presented by Budget Division, as appropriations are sought on the basis of Demands for Grants.
- ๐The estimates of receipts and expenditure of each Ministry/Department shall be scrutinised in the Budget Division, Ministry of Finance.
- ๐คSecretary (Expenditure) may hold pre-budget meetings with Secretaries or Financial Advisers of Administrative Ministries/Departments to discuss the totality of requirements.
- ๐The estimates initially submitted may undergo changes as a result of scrutiny and pre-budget meetings. The final estimates arrived at on the basis of scrutiny and meetings shall be incorporated in the Budget documents.
- ๐ฏAfter finalisation of budgetary allocations, the Department of Expenditure in consultation with NITI Aayog and the concerned Ministries shall prepare an Outcome Budget Statement linking outlays against each scheme/project with the outputs/deliverables and medium-term outcomes.
- ๐Outputs/deliverables shall be mandatorily given in measurable/quantitative terms on the basis of parameters decided in advance, based on projections in the Medium-Term Expenditure Framework (MTEF) Statement.
- ๐Allocations shall be against a firm set of deliverables which shall be adhered to.
- ๐The performance against specified outcomes would form the basis of deciding on the continuation of the scheme and the quantum of budget allocation.
- ๐กThe Outcome Budget is a shift from input-based budgeting to results-based budgeting. It connects money spent (outlays) to what is actually achieved (outcomes). Poor performance = reduced future allocation.
- โฐIf the Appropriation Bill is likely to be passed after the start of the financial year to which it corresponds, the Finance Ministry may obtain a 'Vote on Account' to cover expenditure for a brief period โ in accordance with the provisions of Article 116 of the Constitution.
- ๐คAfter the Appropriation Bill relating to the Budget is passed, the Ministry of Finance shall communicate the grants and appropriations to the Ministries/Departments.
- ๐Ministries/Departments shall in turn distribute the same to their subordinate formations.
- ๐ขThe distribution made shall also be communicated to the respective Pay and Accounts Officers, who shall exercise check against the allocation to each subordinate authority.
- โก๏ธAppropriation Bill passed โ MoF โ Ministry/Dept โ Subordinate formations โ PAOs informed
- ๐๏ธThe Departments of the Central Government shall be responsible for the control of expenditure against the sanctioned grants and appropriations placed at their disposal.
- ๐Control shall be exercised through Heads of Departments, other Controlling Officers, and Disbursing Officers subordinate to them.
- ๐ A Grant or Appropriation can be utilised only to cover charges to be paid during the financial year of the Grant or Appropriation and adjusted in the account of the year.
- โNo charges against a Grant or Appropriation can be authorised after the expiry of the financial year.
- ๐Form GFR 5 โ Allocation register maintained by DDOs (minor/sub-head wise); entries sent to HoD by 3rd of each month.
- ๐Form GFR 6 โ Broadsheet maintained by Controlling Officer to monitor receipt of DDO returns.
- ๐Form GFR 7 โ Monthly compiled statement prepared by Controlling Officer (totals from DDOs + his own registers + adjustments from Accounts Officer).
- ๐Form GFR 8 โ Consolidated account prepared by HoD showing complete expenditure up to end of preceding month.
- ๐DDO's key duties on bills: (a) Prepare charged and voted bills separately; (b) Enter complete accounts classification from major head to object head; (c) Enter progressive total of expenditure up to date on each bill.
- ๐ Returns from DDOs due to HoD by 3rd of each month. If no entries, a 'Nil' statement must still be sent.
- ๐The Head of the Department and the Accounts Officer shall be jointly responsible for the monthly reconciliation of departmental figures with those in the Accounts Officer's books.
- ๐DDOs shall maintain a Bill Register in Form TR 28-A and note all bills presented to the PAO.
- ๐ DDO shall furnish a certificate of agreement to the PAO by the last day of the month following the month of accounts.
- ๐HoD shall furnish a quarterly certificate to the Principal Accounts Officer certifying correctness of figures for the quarter โ by the 15th of the second month following the end of each quarter. โ Exam point
- ๐ Departments shall obtain Form GFR 8 figures from HoDs by the 15th of the month following the month to which the returns relate.
- โ ๏ธIf Accounts Office figures are found to be higher than departmental figures, the Accounts Office figures shall be assumed to be correct โ as appropriation accounts are prepared on that basis.
- ๐Departments shall also obtain statements showing physical progress of the schemes โ name of scheme, Budget provision, progressive expenditure, progress in physical terms, and detailed reasons for shortfalls or excess against both physical and financial targets.
- ๐A Broadsheet in Form GFR 9 shall be maintained by the Departments of Central Government or each HoD to watch the prompt receipt of various returns and to rectify any defaults.
- ๐In order to maintain proper control over expenditure, a Controlling Officer shall obtain from the spending authorities liability statements in Form GFR 3-A every month, starting from the month of October in each financial year. โญ From October
- ๐The Controlling Officer shall also maintain a Liability Register in Form GFR 3.
- ๐กOctober marks the mid-point of the financial year. Liability monitoring from October allows the Controlling Officer to identify impending excesses or savings with enough time to take corrective action (re-appropriation, surrender or seeking supplementary grants) before the close of the year on 31st March.
- ๐คA Head of Department or Controlling Officer shall be in a position to estimate the likelihood of savings or excesses every month and to regularise them in accordance with the instructions laid down in Rule 62.
- โ ๏ธThe Accounts Officer shall report to the Head of the Department immediately on the first appearance of any disproportionate expenditure, particularly in respect of recurring items of expenditure under any grant, appropriation, or a primary unit thereof.
- ๐However, the authority administering a grant/appropriation is ultimately responsible for the control of expenditure โ not the Accounts Officer.
- 1๏ธโฃThe Accounts Officer shall not allow any payment against sanctions in excess of the Budget provisions unless there is specific approval of the Chief Accounting Authority.
- 2๏ธโฃThe Financial Advisers and Chief Accounting Authority, before according concurrence for excess under any Head, shall ensure availability of funds through Re-appropriation or Supplementary Demands for Grants.
- ๐คDepartments shall surrender to the Finance Ministry, by the prescribed dates, all anticipated savings noticed in the Grants or Appropriations controlled by them.
- โฐFunds provided during the financial year and not utilised before the close of that financial year shall stand lapsed at the close of the year.
- โกSavings shall be surrendered immediately when foreseen โ without waiting till the end of the year.
- โNo savings shall be held in reserve for possible future excesses.
- ๐The Financial Advisers of Ministries/Departments shall ensure adherence to the Quarterly Expenditure Plan and guidelines issued by Ministry of Finance from time to time.
- โNo expenditure shall be incurred during a financial year on a "New Service" not contemplated in the Annual Budget for the year โ except after obtaining a Supplementary Grant or Appropriation or an advance from the Contingency Fund during that year.
- ๐กGuidelines to determine cases of "New Service" / "New Instrument of Service" are contained in Annexure-1 to Appendix-3 of GFR 2017. The key principle is that Parliament must authorise all new expenditure โ the Executive cannot spend on something Parliament has not approved in the Budget.
- ๐คA subordinate authority incurring expenditure is responsible for ensuring the allotment at its disposal is not exceeded.
- โ Where any excess is apprehended, the subordinate authority shall obtain additional allotment before incurring the excess expenditure.
- ๐For this purpose, authorities incurring expenditure shall maintain a Liability Register in Form GFR 3.
- โA Disbursing Officer may not, on his own authority, authorise any payment in excess of the funds placed at his disposal.
- ๐If faced with a claim certain to produce an excess, he shall take the orders of the administrative authority to which he is subordinate, who shall then arrange โ Re-appropriation, or Supplementary Grant/Appropriation, or advance from the Contingency Fund.
- ๐Re-appropriation of funds from one primary unit of appropriation to another within a grant or appropriation may be sanctioned by a competent authority at any time before the close of the financial year โ subject to DFPR Rule 10 and restrictions imposed by Finance Ministry.
- ๐The primary unit = final unit of appropriation = Object Head of Account.
- โ Re-appropriation shall be made only when it is known or anticipated that the appropriation for the unit from which funds are transferred shall not be utilised in full.
- โFunds shall not be re-appropriated with the intention of restoring the diverted appropriation when savings become available under other units later in the year. No manipulation allowed.
- ๐Application for re-appropriation ordinarily supported by a statement in Form GFR 1.
- ๐In all orders sanctioning re-appropriation, reasons for saving and excess of โน1 lakh or over and the primary units affected shall be invariably stated. โ โน1 lakh threshold
- ๐ฌThe authority sanctioning the re-appropriation shall endorse a copy of the order to the Accounts Officer.
- ๐๏ธIf savings are not available within the Grant to which the payment is required to be debited, or if the expenditure is on a "New Service" or "New Instrument of Service" not provided in the budget, a necessary Supplementary Grant or Appropriation in accordance with Article 115(1) of the Constitution shall be obtained before payment is authorised.
- โกWhen a need arises to incur unforeseen expenditure in excess of the sanctioned grant or appropriation, or on a New Service not provided in Budget, and there is not sufficient time for voting of Supplementary Demand before close of the financial year โ an advance from the Contingency Fund set up under Article 267(1) of the Constitution shall be obtained before incurring the expenditure.
- ๐An advance from the Contingency Fund shall also be obtained to meet expenditure in excess of the provisions for the service included in an Appropriation (Vote on Account) Act.
- ๐The procedure for obtaining an advance and recoupment of the Fund shall be as laid down in the Contingency Fund of India (Amendment) Rules, 2021 (placed at Appendix-6).
- ๐๏ธSupplementary Grant (R.66): Voted by Parliament ยท Used when time permits ยท Permanent authorisation
- โกCF Advance (R.67): No time for Supplementary demand ยท President's discretion ยท Must be recouped (replaced) by Supplementary Grant subsequently
- ๐ฐSubject to the provisions of Article 114(3) of the Constitution, money indisputably payable by Government shall not ordinarily be left unpaid.
- ๐Suitable provision for anticipated liabilities shall invariably be made in Demands for Grants to be placed before Parliament.
- ๐For easy reference, an extract relating to the procedures followed in the Accounts Office for check against provision of funds as a part of pre-check of bills has been placed at Appendix 10.
The Secretary of a Ministry/Department, who is the Chief Accounting Authority (CAA), shall be responsible for all of the following nine duties:
- 1๏ธโฃFinancial Management: Be responsible and accountable for the financial management of his Ministry or Department.
- 2๏ธโฃProper Use of Funds: Ensure that public funds appropriated to the Ministry/Department are used for the purpose for which they were meant.
- 3๏ธโฃEffective, Efficient, Economical and Transparent Use: Be responsible for such use of resources in achieving the stated project objectives, whilst complying with performance standards.
- 4๏ธโฃParliament: Appear before the Committee on Public Accounts (PAC) and any other Parliamentary Committee for examination.
- 5๏ธโฃPerformance Monitoring: Review and monitor regularly the performance of programmes and projects assigned to his Ministry to determine whether stated objectives are achieved.
- 6๏ธโฃExpenditure Statements: Be responsible for preparation of expenditure and other statements relating to his Ministry/Department as required by regulations, guidelines or directives issued by MoF.
- 7๏ธโฃInternal Controls: Ensure that his Ministry/Department maintains full and proper records of financial transactions and adopts systems and procedures that shall at all times afford internal controls.
- 8๏ธโฃProcurement Procedures: Ensure that his Ministry/Department follows Government procurement procedure for execution of works, services and supplies, and implements it in a fair, equitable, transparent, competitive and cost-effective manner.
- 9๏ธโฃCollections and Avoiding Waste: Take effective steps to ensure his Ministry/Department: (a) collects all moneys due to the Government; and (b) avoids unauthorised, irregular and wasteful expenditure.
- ๐Financial Mgmt ยท Proper Use ยท 4E Use ยท PAC ยท Performance ยท Statements ยท Internal Controls ยท Procurement ยท Collections & No Waste
- โ ๏ธThe CAA is the Secretary of the Ministry โ not the Financial Adviser. This is a frequently tested distinction.
- ๐Art. 112โ116 โ Constitutional provisions governing the Budget
- ๐2017-18 โ Year from which Railway Budget merged with General Budget (R.43)
- ๐Past 3 years actuals โ required in Receipt Estimates (R.45)
- ๐Every 3 years โ User charges to be reviewed at least (R.47)
- ๐3rd of each month โ DDOs send Form GFR 5 returns to HoD (R.57)
- ๐15th of month following โ Departments obtain GFR 8 returns from HoDs (R.57)
- ๐15th of 2nd month after quarter end โ HoD furnishes quarterly certificate to PAO (R.57)
- ๐From October โ Controlling Officer starts collecting monthly liability statements (R.58)
- ๐โน1 lakh โ threshold above which reasons for saving/excess to be stated in re-appropriation orders (R.65)
- ๐9 duties โ of the Chief Accounting Authority (Secretary of Ministry) under Rule 70
| Rule No. | Rule Title / Section | Key Point |
|---|---|---|
| I. PREPARATION AND FORM OF ACCOUNTS (Rules 71โ87) | ||
| Rule 71 | Preparation and Presentation of Accounts | Prepared by CGA ยท Certified by CAG ยท Submitted to President (preferably within 6 months of close of FY) ยท Laid before each House of Parliament |
| Rule 72 | Form of Accounts | Art.150 โ in form President prescribes on advice of CAG ยท CGA prescribes form of accounts of Union and States |
| Rule 73 | Principles of Accounting | Governed by Government Accounting Rules 1990 ยท Accounting Rules for Treasuries ยท Account Code Volume-III |
| Rule 74 | Cash-Based Accounting | Accounts prepared on cash basis ยท Transactions = actual cash receipts and disbursements during FY (not amounts due) |
| Rule 75 | Period of Accounts | Financial year: 1st April to 31st March |
| Rule 76 | Currency of Accounts | Maintained in Indian Rupees ยท Foreign currency and foreign aid converted to INR before accounting |
| Rule 77 | Main Divisions of Accounts โ Three Parts | Part I: Consolidated Fund (Revenue + Capital divisions) ยท Part II: Contingency Fund (Art.267) โ single Major Head ยท Part III: Public Account (debt, reserves, deposits, advances, suspense, remittances, cash balances) |
| Rule 78 | Classification of Transactions โ Six Tiers | Function/programme/activity based ยท Major Head โ Sub-Major โ Minor โ Sub-Head โ Detailed โ Object Head ยท 15-digit numeric code |
| Rule 79 | Authority to Open New Head of Account | CGA โ authorised to open Major/Minor Heads on CAG's advice under Art.150 ยท Ministries open Sub/Detailed Heads with Budget Division concurrence ยท Object Heads โ DoE on CAG's advice |
| Rule 80 | Budget Heads to Conform to Classification Rules | Budget heads in estimates and appropriation orders must conform to prescribed classification rules |
| Rule 81 | Responsibility of Departmental Officers | Every officer responsible for collection/expenditure must maintain proper accounts and render all returns promptly |
| Rule 82 | Classification on Bills and Challans | Drawing Officers must record suitable classification on all bills drawn ยท Departmental Officers record classification on challans ยท Doubts โ Principal Accounts Officer โ CGA/MoF |
| Rule 83 | Charged or Voted Expenditure | Art.112(3) โ Charged expenditure: not subject to vote of legislature ยท All other = Voted expenditure ยท Both shown separately in accounts and Budget |
| Rule 84 | Capital or Revenue Expenditure (Definition) | Capital: acquiring tangible permanent assets / enhancing utility ยท Revenue: maintenance, upkeep, working expenses, day-to-day running, establishment ยท Both shown separately |
| Rule 85 | Banking Arrangements | RBI is banker to Government ยท RBI (in consultation with CGA) nominates Accredited Bank for each Ministry/Dept ยท Pay & Accounts Offices and CDDOs have assignment accounts ยท Tax revenues collected by RBI |
| Rule 86 | Public Financial Management System (PFMS) | Integrated FMS of CGA ยท Used for sanction, bills, payment, receipts, DBT, fund flow, financial reporting ยท All grant-in-aid implementing agencies registered on PFMS ยท Payments 'just-in-time' ยท DDG uploaded at start of FY ยท Re-appropriation/surrender orders through PFMS ยท UCs submitted on PFMS |
| Rule 87 | Direct Benefit Transfer (DBT) | Benefits directly to beneficiaries via ICT ยท Includes in-kind and cash transfers + honorariums to community workers ยท Three routes: (a) directly from Ministry (b) State Treasury (c) Implementing Agency ยท Electronic UCs (E-UCs) generated on PFMS portal ยท Transaction charges paid as stipulated by MoF |
| II. ANNUAL ACCOUNTS (Rules 88โ91) | ||
| Rule 88 | Appropriation Accounts | Prepared by Principal Accounts Officers ยท Signed by CAA (Secretary) ยท Consolidated by CGA ยท Defence: Secretary, MoD ยท Railways: Chairman, Railway Board ยท Posts: Secretary, Dept of Posts |
| Rule 89 | Finance Accounts | Annual receipts, disbursements and balances ยท Prepared and signed by CGA ยท Countersigned by Secretary (Expenditure), MoF ยท Includes Posts, Defence, Railways, UT Govt transactions |
| Rule 90 | Presentation of Annual Accounts | Prepared on dates agreed with CAG ยท Sent to CAG for certification ยท CAG submits certified accounts + reports to President under S.11 of CAG Act 1971 and Art.151(1) |
| Rule 91 | PPP / PSC / JV Disclosure | Admin Ministry financial stakes in PPP/PSC/JV/Subsidiary companies to be disclosed in Annual Report |
| III. PROFORMA ACCOUNTS (Rules 92โ95) | ||
| Rule 92โ95 | Subsidiary Accounts โ Commercial Depts | Commercial/quasi-commercial Govt Depts maintain proforma accounts (Manufacturing, Trading, P&L, Balance Sheet) ยท Methods regulated by Govt orders ยท Head of unit ensures cost accounts are accurate ยท Submitted to Accounts Officer and appended to Appropriation Accounts |
| IV. PERSONAL DEPOSIT ACCOUNTS (Rules 96โ97) | ||
| Rule 96 | Personal Deposit Account โ Concept | Device to facilitate designated officer to credit and withdraw directly from account ยท No minus balance allowed ยท Only Govt officers in official capacity can be Designated Officer |
| Rule 97 | Authority to Open PD Account โ 5 Types | Authorised by Ministry/Dept special order in consultation with CGA ยท Forms part of Public Account ยท 5 types: wards/attached estates ยท Civil/Criminal Courts deposits ยท Regulatory receipts under statute ยท Law-mandated PD accounts ยท Defence public funds |
| V. CAPITAL AND REVENUE ACCOUNTS (Rules 98โ103) | ||
| Rule 98 | Capital Expenditure (Detailed Definition) | Tangible permanent assets / enhancing utility = Capital ยท Maintenance, upkeep, establishment = Revenue ยท Temporary asset / grants-in-aid: not Capital unless President authorises on CAG's advice ยท Capital met from capital receipts generally; may be from ordinary revenue if sufficient |
| Rule 99 | Principles for Allocation between Capital and Revenue (5 principles) | (a) Capital bears first construction, equipment, intermediate maintenance, improvements enhancing asset life ยท (b) Revenue bears maintenance, working expenses, renewals ยท (c) Renewal/replacement: Revenue pays or funds adequate replacement of depreciation; genuine improvements to Capital ยท (d) Extraordinary calamities: Capital or Revenue or divided, depending on whether new asset created or existing restored ยท (e) Temporary asset โ not Capital except with President's sanction on CAG's advice |
| Rule 100 | Allocation on Capital Schemes | Determined by Govt orders after consultation with CAG, where separate Capital and Revenue Accounts kept |
| Rule 101 | Capital Receipts during Construction | Capital receipts accruing during construction โ utilised in reduction of capital expenditure ยท Not credited to revenue account except under special order |
| Rule 102 | Receipts Representing Recoveries of Capital Expenditure | Receipts representing recoveries of expenditure previously debited to a Capital Major Head โ taken in reduction of expenditure under that Major Head |
| Rule 103 | Conversion of Loans into Equity / Grants-in-Aid | Parliament approval required via token provision in DFG or Supplementary DFG ยท After approval, balances corrected proforma under Loan/Capital Major Heads |
| VI. INTEREST ON CAPITAL (Rules 104โ107) | ||
| Rule 104 | Interest Rate on Capital | Charged in accounts of all Commercial Depts for which separate capital and revenue accounts are maintained ยท Rates prescribed by Govt from time to time |
| Rule 105 | Interest on Capital Outlay | Specific loans: at rate prescribed by Govt based on actual interest paid on that loan ยท Other capital outlay: at rate determined each year by DEA, MoF |
| Rule 106 | Method of Calculation of Interest | Calculated on direct capital outlay at end of previous year + half the outlay of current year |
| Rule 107 | Writing Back of Capitalised Interest | Capitalised interest during construction โ first charge on any capital receipts or surplus revenue from project when opened for working |
| VII. ADJUSTMENTS WITH GOVERNMENT DEPARTMENTS (Rules 108โ122) | ||
| Rule 108 | Adjustments with State Governments | Mutually agreed basis ยท 7 specific matters regulated by Appendix-5 to GAR 1990 (binding on all States) |
| Rule 109 | Re-audit Period | 3 years accepted for re-audit of past transactions involving errors in classification |
| Rule 110 | When Adjustment Is Necessary | Mandatory when a commercial/store dept is involved, or when an adjustment would have been made if the transaction were between two Central Govt depts |
| Rule 111 | Petty Claims Not to Be Preferred | Central Govt and State Govts have agreed not to prefer petty and isolated claims not exceeding โน10,000 against one another |
| Rule 112 | Criteria for Reciprocal Arrangement | Claim must be both petty AND occasional ยท Covers services rendered (not supplies) ยท Excludes Railway, Posts, Electrical undertakings (commercial) ยท Doubts โ mutual consultation |
| Rule 113 | Projects Jointly Executed by States | Expenditure incurred by one Govt and shared by others โ recoveries from other Govts = abatement of charges under relevant expenditure head |
| Rule 114โ116 | Agency Functions under Art.258 | Claims of States for extra cost of agency functions ยท Extra staff/contingency cost: reimbursed in lumpsum ยท Work entrusted (construction/maintenance): adjusted direct in Central accounts under relevant Head ยท โคโน50,000 per item per year: 5-year contract offered to State ยท >โน50,000: annual statement required |
| Rule 117 | Closure of Inter-Governmental Adjustments | Carried out up to 10th April (or date specified by CGA in consultation with RBI) โ date on which RBI books are closed for March |
| Rule 118โ122 | Adjustments with Foreign Govts and Non-Govt Bodies | Services to foreign Govts/non-Govt bodies โ only on payment unless exempted ยท Recoveries for services rendered = receipts of Govt ยท Govt as agent: entire cost recovered (net cost to Govt = nil) ยท Relief to outside body โ through grant-in-aid, not remission of dues |
| VIII. INTER-DEPARTMENTAL ADJUSTMENTS (Rules 123โ129) | ||
| Rule 123 | Inter-Departmental Adjustments | Service Dept shall NOT charge other depts for services within its normal functions ยท Commercial Dept SHALL charge and be charged for supplies/services |
| Rule 124 | Service vs Commercial Departments | Service Depts: inseparable from Govt functions (Police, Jails, Defence, Medical, etc.) ยท Commercial Depts: render services on payment, work to a financial result under commercial accounts |
| Rule 125 | Period for Preferment of Claims | Claims between Depts: within same FY and not beyond 3 years from date of transaction ยท Waivable by mutual agreement |
| Rule 126โ127 | Settlement Procedure | Regulated by Ch.4 of GAR 1990 ยท Adjustments in account year ยท Recurring payments โ Accounts Officer adjusts automatically before books close ยท Service dept recoveries = deduction from gross expenditure ยท Commercial dept recoveries = receipts of that dept |
| Rule 128โ129 | Pensionary Charges โ Commercial Depts | Commercial depts with proforma accounts: contribution basis at rates fixed by Govt ยท Without proforma accounts: included in overhead charges ยท Railways/Posts/Defence treated as separate Govts for pension adjustment ยท Declared commercial depts: average of percentage for 15th year of service |
- ๐Accounts of the Union Government shall be prepared every year showing receipts and disbursements, surplus or deficit, and changes in Government liabilities and assets.
- ๐๏ธAccounts shall be prepared by the Controller General of Accounts (CGA), certified by the Comptroller and Auditor General of India (CAG), and submitted to the President of India preferably within six months of close of the Financial Year. โ 6 months
- ๐The President shall cause them to be laid before each House of Parliament.
- โ๏ธBy virtue of Article 150 of the Constitution, the accounts of the Union Government shall be kept in such form as the President may, on the advice of the CAG, prescribe.
- ๐๏ธThe Controller General of Accounts (CGA), Ministry of Finance (DoE) is responsible for prescribing the form of accounts of the Union and States, and to frame or revise rules and manuals relating thereto on behalf of the President โ on the advice of the CAG.
- ๐Main principles for maintenance of Government accounts are contained in:
- ๐Government Accounting Rules, 1990
- ๐Accounting Rules for Treasuries
- ๐Account Code Volume-III
- ๐Detailed rules for technical departments (Posts, etc.) are in their respective Accounts Manuals or departmental regulations.
- ๐ฐGovernment accounts shall be prepared on cash basis.
- ๐Transactions in Government accounts shall represent actual cash receipts and disbursements during a financial year โ as distinguished from amounts due to or by Government during the same period.
- โ Exception: such book adjustments as may be authorised by Government Accounting Rules 1990 or by general/special order of the Central Government on the advice of the CAG.
- ๐ The annual accounts of the Central Government shall record transactions which take place during a financial year running from 1st April to 31st March.
- ๐ฑThe accounts of Government shall be maintained in Indian Rupees.
- ๐All foreign currency transactions and foreign aid shall be brought into account after conversion into Indian Rupees.
| Part | Name | Contents |
|---|---|---|
| Part I | Consolidated Fund | Revenue Division (Receipt + Expenditure heads) and Capital Division (Receipt + Expenditure + Public Debt/Loans/Advances) ยท Divided into sectors: General Services, Social & Community Services, Economic Services, etc. โ Major Heads โ Sub-Major Heads |
| Part II | Contingency Fund | Transactions under Art.267 CF (or S.48 of Govt of UT Act 1963) ยท Single Major Head โ followed by Minor, Sub and/or Detailed Heads |
| Part III | Public Account | Debt (other than in Part I) ยท Reserve funds ยท Deposits ยท Advances ยท Suspense ยท Remittances ยท Cash balances |
| Tier | Head | Represents |
|---|---|---|
| 1 | Major Head (incl. Sub-Major) | Function of Government |
| 2 | Minor Head | Programme to achieve the function |
| 3 | Sub-Head | Scheme |
| 4 | Detailed Head | Sub-scheme |
| 5 | Object Head | Primary unit of appropriation โ economic nature of expenditure (salaries, office expenses, TA, professional services, grants-in-aid, etc.) |
| The above six tiers are represented by a unique 15-digit numeric code | ||
- ๐Classification shall have closer reference to functions, programmes and activities of the Government and the object of revenue or expenditure, rather than the department where it occurs.
- ๐๏ธNew Major/Minor Heads โ authorised by CGA (MoF, DoE) on the advice of the CAG under Art.150 powers.
- ๐Sub-Heads and Detailed Heads โ opened by Ministries/Departments in consultation with the Budget Division, MoF. Principal Accounts Offices may open Sub/Detailed Heads under Minor Heads falling within the Public Account.
- ๐Object Heads โ prescribed under DFPR Rule 8. Power to amend/modify or open new Object Heads rests with DoE, MoF on the advice of the CAG.
- ๐Budget Heads exhibited in estimates of receipts and expenditure framed by the Government, or in any appropriation order, shall conform to the prescribed rules of classification.
- ๐คEvery officer responsible for the collection of Government dues or expenditure of Government money shall see that proper accounts are maintained in the prescribed form, and tender accurately and promptly all accounts and returns as may be required by Government, Controlling Officer or Accounts Officer.
- ๐Drawing Officers shall record suitable classification on all bills drawn by them.
- ๐Departmental Officers responsible for collection shall indicate or record classification on challans crediting Government money into the Bank.
- โIn cases of doubt regarding the correct Head, the matter shall be referred to the Principal Accounts Officer โ CGA/MoF for clarification.
- โ๏ธExpenditure covered under Article 112(3) of the Constitution is Charged on the Consolidated Fund and is not subject to vote by the legislature.
- ๐All other expenditure met out of the Consolidated Fund is treated as Voted expenditure.
- ๐Charged or Voted expenditure shall be shown separately both in the accounts and in the Budget documents.
- ๐๏ธCapital Expenditure: Significant expenditure incurred with the object of acquiring tangible assets of a permanent nature (for use in the organisation and not for sale) or enhancing the utility of existing assets.
- ๐งRevenue Expenditure: Subsequent charges on maintenance, repair, upkeep and working expenses required to maintain assets in running order + all expenses for day-to-day running of the organisation including establishment and administrative expenses.
- ๐Capital and Revenue expenditure shall be shown separately in the Accounts.
- ๐ฆThe Reserve Bank of India (RBI) shall be the banker to the Government. It shall maintain cash balance of the Government and provide banking facilities either directly through its own offices or through its agent banks.
- ๐RBI, in consultation with the CGA, shall nominate a bank to function as the Accredited Bank of a Ministry or Department.
- ๐ณPay & Accounts Offices and Cheque Drawing and Disbursing Officers (CDDOs) shall have assignment accounts with the identified branches of the Accredited Bank. All payments shall be made through these branches.
- ๐ฐTax revenues of the Government shall be collected by the RBI through its own offices or through nominated branches of its agent banks.
- 1๏ธโฃPFMS, the integrated Financial Management System of CGA, GoI, shall be used for sanction preparation, bill processing, payment, receipt management, DBT, fund flow management and financial reporting.
- 2๏ธโฃAll Ministries sanctioning grant-in-aid shall register all implementing agencies till the last level of implementation on PFMS to track fund flow and unspent balances.
- 3๏ธโฃAll payments shall, to the extent possible, be released 'just-in-time' by the Ministries through PFMS.
- 4๏ธโฃDetailed Demands for Grants (DDG), as approved, must be uploaded on PFMS at the start of each Financial Year.
- 5๏ธโฃAll re-appropriation orders and surrender orders shall be generated through the PFMS system.
- 6๏ธโฃAll grantee institutions shall submit Utilisation Certificates (UCs) on PFMS.
- ๐ฏSub-rule (1): Transfer of benefits shall be done directly to beneficiaries using Information and Communication Technology (ICT). Process reengineering to minimise intermediary levels, reduce delays, and minimise pilferage and duplication.
- ๐ฆSub-rule (2): DBT includes in-kind and cash transfers to beneficiaries, as well as transfers/honorariums given to community workers and other enablers of Government schemes.
- ๐Sub-rule (3): Three routes for cash benefits:
- ๐(a) Directly from Ministries/Departments to beneficiaries
- ๐(b) Through State Treasury Account
- ๐(c) Through any Implementing Agency as appointed by Central/State Governments
- ๐ฆSub-rule (4): In-kind transfers to individual beneficiary/household/service provider โ includes schemes where in-kind benefits are given by Government or through any Implementing Agency.
- ๐ปSub-rules (5) & (6): Ministries/Departments shall use PFMS platform for processing of DBT payments. Implementing Agencies shall generate Electronic Utilisation Certificates (E-UCs) on PFMS portal online โ to certify that money was actually utilised for the purpose sanctioned, eliminating the need for physical UCs.
- ๐ฐSub-rule (7): Transaction charges for financial intermediaries facilitating DBT payments shall be paid as stipulated by Ministry of Finance.
- ๐Appropriation Accounts of Central Ministries (except Railways) and Civil Departments (except Posts and Defence) shall be prepared by the Principal Accounts Officers of the respective Ministries/Departments (under guidance and supervision of CGA) and signed by the Chief Accounting Authority (Secretary).
- ๐Union Government Appropriation Accounts (Civil) submitted to Parliament shall be prepared by the CGA by consolidating the aforesaid Appropriation Accounts.
- ๐Special cases:
- ๐Department of Posts: Prepared and signed by the Secretary, Dept of Posts
- ๐Defence Services: Prepared and signed by the Secretary, Ministry of Defence
- ๐Ministry of Railways: Signed by the Chairman, Railway Board
- ๐Annual accounts of the Government of India โ including transactions of Posts, Defence, Railways, and UT Governments under the Public Account โ showing annual receipts, disbursements and statement of balances, are called Finance Accounts.
- โ๏ธFinance Accounts shall be prepared and signed by the CGA and countersigned by the Secretary (Expenditure), Ministry of Finance.
- ๐ Appropriation and Finance Accounts shall be prepared on dates mutually agreed upon with the CAG, in forms prescribed by the President on the advice of the CAG, and sent to the CAG for recording his/her certificate.
- ๐The certified Annual Accounts and Reports shall be submitted by the CAG to the President in accordance with Section 11 of the CAG (Duties, Powers and Conditions of Service) Act, 1971 and Article 151(1) of the Constitution.
- ๐ขAdministrative Ministries / PSUs / Subordinate / Statutory / Autonomous Bodies may have financial stakes in PPP / Production Sharing Contracts (PSCs) / Joint Ventures (JVs) / Subsidiary companies. Details of such financial stakes shall be disclosed in the Annual Report of the Administrative Ministry.
- ๐ญWhere operations of certain Government Departments working on a commercial or quasi-commercial basis (e.g., industrial factory or store) cannot be suitably brought within the cash-based accounting system, the Head of the unit shall maintain subsidiary proforma accounts in commercial form, as agreed between Government and CAG.
- ๐This includes maintenance of Manufacturing, Trading, Profit & Loss Accounts and Balance Sheet.
- ๐R.93: Methods and principles for proforma accounts shall be regulated by orders and instructions issued by Government in each case. Regular Workshops/Factories follow departmental regulations; Public Works proforma accounts prepared by Accounts Officers per Account Code for Accountants General.
- โ R.94: Where commercial accounts are maintained for cost assessment, the Head of the unit shall ensure that adequate regulations are framed with Government approval to ensure the cost deduced is accurate and true.
- ๐ R.95: Such accounts and statements shall be submitted to the Accounts Officer on such date as required and shall be appended to the Appropriation Accounts of each year.
- ๐ฆA Personal Deposit (PD) Account is a device to facilitate the Designated Officer to credit receipts into and effect withdrawals directly from the account, subject to an overall check by the bank.
- โThe Designated Officer shall ensure that no withdrawal will result in a minus balance.
- ๐คOnly Government officers acting in their official or any other capacity shall be the Designated Officer.
- ๐๏ธSub-rule (1): Authorised to be opened by a special order of the concerned Ministry/Department in consultation with the CGA. Every PD Account shall form part of the Government Account and be located in the Public Account.
- 1๏ธโฃ(a) In favour of Designated Officer administering monies tendered by or on behalf of wards and attached estates under Government management
- 2๏ธโฃ(b) In relation to Civil and Criminal Courts' deposits โ in favour of the Chief Judicial Authority concerned
- 3๏ธโฃ(c) Where, under certain regulatory activities of Government, receipts are realised and credited to a Fund/Account under an Act to be utilised thereunder โ and no outgo from the Consolidated Fund is involved
- 4๏ธโฃ(d) Where a PD Account is required to be created by a law or rules having the force of law and certain liabilities devolve on Government out of special enactments
- 5๏ธโฃ(e) Officers commanding units and others concerned in the administration of public funds in the Defence Departments
- ๐๏ธCapital expenditure = significant expenditure to acquire tangible assets of a permanent nature (not for sale) or to enhance the utility of existing assets. Revenue expenditure = maintenance, repair, upkeep, working expenses and establishment/administrative costs.
- โTemporary assets and grants-in-aid cannot ordinarily be classified as Capital expenditure unless specifically authorised by the President on the advice of the CAG.
- ๐ฐCapital expenditure is generally met from capital receipts (as distinguished from ordinary revenues from taxes, duties, fees, fines). However, it is open to Government to meet capital expenditure from ordinary revenues if sufficient revenue resources are available.
- ๐Expenditure of a capital nature shall not be classed as Capital expenditure in Government Accounts unless the classification has been expressly authorised by general or special orders of Government. Must be distinguished from Revenue expenditure in both Budget Estimates and Accounts.
- ๐ (a) Capital bears: Charges for first construction and equipment of a project ยท Intermediate maintenance while not yet opened for service ยท Improvements enhancing asset life (as sanctioned under rules of competent authority)
- ๐ (b) Revenue bears: Subsequent charges for maintenance and all working expenses ยท Expenditure on working and upkeep of the project ยท Renewals, replacements, additions or improvements of revenue nature
- ๐ (c) Renewal/Replacement (mixed nature): Revenue should pay or provide a fund for adequate replacement of all wastage or depreciation of property originally provided from capital grants. Only the cost of genuine improvements enhancing asset life may be debited to Capital. Where a Depreciation/Renewals Reserve Fund is established, distribution shall guard against over-capitalisation on the one hand and excessive Fund withdrawals on the other.
- ๐ (d) Extraordinary calamities (flood, fire, earthquake, enemy action, etc.): Expenditure charged to Capital, Revenue, or divided between them โ depending on whether new asset is created (Capital) or existing asset is merely restored (Revenue), as determined by Government.
- ๐ (e) Temporary assets โ not Capital expenditure except where specifically authorised by the President on the advice of the CAG.
- ๐For Capital schemes where separate Capital and Revenue Accounts are kept, allocation shall be determined in accordance with Govt orders prescribed after consultation with the CAG.
- ๐Capital receipts relating to expenditure previously debited to Capital, accruing during the process of construction, shall be utilised in reduction of capital expenditure. Thereafter they shall not be credited to the revenue account except under special rule or order of Government.
- ๐Receipts and recoveries on Capital Account in so far as they represent recoveries of expenditure previously debited to a Capital Major Head shall be taken in reduction of expenditure under that Major Head โ except where rules of allocation for a particular department require them to be taken to Revenue.
- ๐Where loans outstanding against PSUs are proposed to be converted into equity investments or grants-in-aid, approval of Parliament shall be obtained by including a token provision in the relevant DFG or Supplementary DFG.
- ๐After obtaining Parliamentary approval, the balances under loans and progressive expenditure shall be corrected proforma in the relevant Accounts under the Loan/Capital Major Heads concerned.
- ๐ฐInterest at rates specified by Government from time to time shall be charged in the accounts of all Commercial Departments or units for which separate capital and revenue accounts are maintained within Government accounts.
- ๐ฆSub-rule (1) โ Specific Loans: For capital outlay met from specific loans raised by Government, interest shall be charged at a rate prescribed by Government, having regard to the rate of interest actually paid on such loans and incidental charges. Specific loans = loans raised in the open market for one specific purpose clearly specified in the prospectus.
- ๐ฐSub-rule (2) โ Other Capital Outlay: For capital outlay provided otherwise, interest shall be charged at a rate determined each year by the Department of Economic Affairs, MoF.
- ๐Interest shall be calculated on the direct capital outlay at the end of the previous year + half the outlay of the current year itself โ irrespective of whether such outlay has been met from current revenues or from other sources.
- ๐When charges for interest during the process of construction are temporarily met from capital, the writing back of capitalised interest shall form the first charge on any capital receipts or surplus revenue derived from the project when opened for working.
- ๐Adjustments with State Governments shall be made as mutually agreed between the Central and State Government concerned, unless otherwise provided by the Constitution or law.
- ๐Seven specific matters are regulated by Appendix-5 to the Government Accounting Rules, 1990 (binding on all State Governments):
- 1๏ธโฃPay and Allowances (other than Leave Salaries)
- 2๏ธโฃLeave Salaries
- 3๏ธโฃPensions
- 4๏ธโฃExpenditure involved in Audit and keeping Accounts
- 5๏ธโฃCost of Police functions on Railways including cost of protecting Railway Bridges
- 6๏ธโฃCost of Forest Surveys by Survey of India and Forest maps prepared by that Department
- 7๏ธโฃLeave Salary and Pension Contributions recovered in respect of Government servants lent on Foreign Service
- ๐ As a convention, a period of three years has been accepted by Central and State Governments for the re-audit of past transactions involving errors in classification. โ 3 years
- ๐Adjustment shall always be made unless otherwise agreed upon, if:
- (a)A commercial department or undertaking or a regularly organised store department is concerned, or
- (b)Under the operation of any rule or order, an adjustment would have been made if the particular transaction with State Government were a transaction between two departments of the Central Government
- ๐The Central Government (including Union Territories) and the State Governments have agreed under reciprocal arrangements not to prefer petty and isolated claims for an amount not exceeding โน10,000 against one another. โ โน10,000
- ๐For a claim to be covered by the reciprocal arrangement, it must be:
- โ Both petty AND of an occasional character
- โ Cover services rendered โ not supplies (unless the latter forms part of the service)
- โClaims relating to Commercial undertakings (Railways, Posts, Electrical undertakings, etc.) shall fall outside the purview and continue to be settled as hitherto.
- ๐ Arrangement remains in force without any time limit in respect of all State Governments.
- ๐๏ธWhere expenditure is to be shared by several participating Governments in agreed proportions but incurred ab-initio by one Government, recoveries from other Governments shall be exhibited as abatement of charges under the relevant expenditure Head of Account in the books of the Government incurring the expenditure initially.
- ๐R.114: Claims of State Governments for extra cost of agency functions under Article 258 shall be dealt with and settled in accordance with such directions as may be issued by the President.
- ๐ญR.115 โ Key principles:
- ๐State Commercial Department engaged โ may charge its normal commercial costs
- ๐PWD agency costs โ percentage charges on cost of Central Works as agreed between Centre and State
- ๐Charges per item โค โน50,000 per annum โ offer 5-year contract at fixed sum per annum (reviewed every 5 years) โ โน50,000 / 5-year
- ๐Charges per item > โน50,000 โ annual statement of proposed charges required at budget time (contract system may still be adopted if charges are obviously static)
- ๐Arbitration in exceptional cases โ arranged by MoF ยท MoF to be consulted on all Art.258(3) matters
- ๐R.116 โ Procedure for transactions:
- ๐Extra staff/contingency cost (e.g., Census administration): provided in State Budget first; reimbursed in lumpsum by Centre under distinct sub-head "Amounts paid to other Governments, Departments, etc."
- ๐Work entrusted to State (e.g., National Highways, Defence Works): expenditure adjusted direct in Central accounts under relevant Head ยท adjusted under Head 8658 โ Suspense Accounts โ PAO Suspense in State accounts pending eventual clearance
- ๐ Inter-Governmental adjustments can be carried out up to the 10th of April (or the date specified by CGA in consultation with RBI from time to time) โ which is the date on which the books of the Reserve Bank are closed for the month of March. โ 10th April
- ๐Every endeavour must be made to settle all transactions with State Governments before the close of the year.
- ๐Unless exempted by Government by general or special orders, services shall not be rendered to any foreign Government or non-Government body or institution or to a separate fund except on payment.
- ๐Recoveries of expenditure for services rendered or supplies made to non-Government parties or other Governments (including local funds and Governments outside India) shall, in all cases, be classified as receipts of the Government rendering such services.
- ๐When a Government undertakes a service merely as an agent of a private body, the entire cost of the service shall be recovered from that body so that the net cost to Government is nil.
- ๐The recoveries shall be taken as reduction of expenditure.
- ๐Any relief in respect of payment for services rendered or supplies made to any outside body or fund shall ordinarily be given through a grant-in-aid rather than by remission of dues.
- ๐Maintenance: Half the maintenance charges shall be borne by the Central Government; the other half recovered from the foreign country. If recovery fails, the foreign country's share shall also be borne by the Central Government.
- ๐Demarcation and Disputes: Charges relating to demarcation of boundaries and boundary disputes shall be borne by the Central Government under Entry 10 of the Union List, subject to such recovery as shall be made from the foreign country.
- ๐งWatercourse boundaries (median line principle): Each Government bears the cost of maintenance of the boundary line and survey marks on its own side.
- ๐Exceptions: Application to Nepal โ subject to special arrangements worked out in consultation with Nepal Government. Bhutan's share for maintenance, demarcation and disputes shall be borne by the Central Government for the present.
- โA Service Department shall NOT charge other Departments for services rendered or supplies made which fall within the class of duties for which it is constituted.
- โ A Commercial Department or undertaking shall ordinarily charge and be charged for any supplies made and services rendered to, or by, other departments of Government.
| Type | Description | Examples |
|---|---|---|
| Service Departments | Discharge functions inseparable from Govt or necessary for its general conduct ยท Do NOT charge other depts for normal functions | Police, Jails, Justice, Education, Medical, Public Health, Forest, Defence, Survey, Govt Printing, Stationery, CPWD, DGS&D |
| Commercial Departments | Render services or provide supplies on payment ยท Work to a financial result through commercial accounts ยท Functions not necessarily governmental | Railways, Department of Posts, Electrical Undertakings, Industrial Factories/Stores |
- ๐ All claims shall ordinarily be preferred between Departments within the same financial year and not beyond three years from the date of transaction. This limitation may be waived in specific cases by mutual agreement. โ 3 years
- ๐Settlement of inter-departmental adjustments shall be regulated by the directions contained in Chapter 4 of Government Accounting Rules, 1990.
- ๐ Inter-departmental and other adjustments are to be made in the accounts of the current year, not the past year, if they could not have been reasonably anticipated in time for funds to be obtained from the proper authority.
- ๐For recurring or fixed-character payments to another Government or department, the Accounts Officer will automatically make the adjustment before the accounts are finally closed.
- โ๏ธThe onus of proving that adjustments could not have been reasonably anticipated shall lie with the Controlling Officer.
- ๐Classification of recoveries between departments of the same Government:
- ๐Recoveries by a Service Department for services rendered to another Dept = deduction from gross expenditure
- ๐Recoveries by a Commercial Department (Railways, Posts, etc.) for its constituted functions = receipts of that Department
- ๐Commercial Dept acting as agent for functions not germane to its essential purpose = reduction of expenditure
- ๐Exception: Recoveries of fees for purchase, inspection, etc. by Central Purchase Organisations of GoI = treated as receipts of the Department concerned
- ๐Recoveries classified as deduction from gross expenditure shall be shown in the relevant DFG as "below the line" recovery under the appropriate Major Head. Recovery actually effected shall be adjusted in the schedule of recovery attached to the Appropriation Account of the year in which recovery is effected.
- ๐ฐWith proforma commercial accounts: Pensionary liability of commercial departments and undertakings shall be assessed on a contribution basis at rates fixed by Government from time to time.
- ๐ฐWithout proforma commercial accounts (but allowed to charge for products/services): Pensionary liability shall be taken into account in overhead charges and manufacturing costs for calculating the issue price of goods or fees for services rendered, at rates prescribed by Government.
- ๐Note: The Railways, Posts and Defence Departments are regarded as separate Governments for the purpose of adjustment of pensionary charges.
- ๐In the case of Government Departments and Undertakings declared as commercial, adjustment of pensionary liability shall be made in the regular accounts by charging the average of the percentage for the 15th year of service, based on the rates of monthly contribution of pension as prescribed in the appropriate order issued from time to time under Appendix-II of Fundamental and Supplementary Rules.
- ๐6 months โ preferred time limit for submission of accounts to President after close of FY (R.71)
- ๐Art.150 โ form of accounts prescribed by President on advice of CAG ยท CGA prescribes on behalf of President (R.72)
- ๐Cash-based accounting โ actual cash receipts and disbursements, not amounts due (R.74)
- ๐Three Parts of accounts: Consolidated Fund (Part I) ยท Contingency Fund (Part II, single Major Head) ยท Public Account (Part III) (R.77)
- ๐Six tiers: Major Head (function) โ Minor Head (programme) โ Sub-Head (scheme) โ Detailed Head (sub-scheme) โ Object Head (economic nature) ยท 15-digit code (R.78)
- ๐PFMS โ integrated FMS of CGA ยท 'just-in-time' payments ยท DDG uploaded at start of FY ยท re-appropriation/surrender orders through PFMS (R.86)
- ๐DBT โ three routes: directly from Ministry / State Treasury Account / Implementing Agency ยท E-UCs on PFMS portal (R.87)
- ๐Finance Accounts: prepared and signed by CGA ยท countersigned by Secretary (Expenditure), MoF (R.89)
- ๐Art.112(3) โ Charged expenditure; not subject to vote ยท All others = Voted (R.83)
- ๐Capital interest formula: outlay at end of previous year + ยฝ outlay of current year (R.106)
- ๐7 specific matters with State Govts regulated by Appendix-5 to GAR 1990 (R.108)
- ๐โน10,000 โ petty claims not preferred under reciprocal arrangement (R.111)
- ๐โน50,000 per annum โ threshold for 5-year contract vs annual statement for Art.258 agency work (R.115)
- ๐10th April โ Inter-Governmental adjustments closed (RBI books close for March) (R.117)
- ๐3 years โ period for preferment of inter-departmental claims ยท also period for re-audit (R.109, R.125)
- ๐Railways, Posts and Defence โ treated as separate Governments for pensionary charges adjustment (R.128)
- ๐Head 8658 โ PAO Suspense: used for State expenditure on Central works pending clearance (R.116)
| Rule No. | Rule Title | Key Point |
|---|---|---|
| Rule 130 | Definitions โ Original, Minor, Repair Works | Original = new constructions + additions + alterations + special repairs to purchased/abandoned structures ยท Minor = adds capital value, no new asset ยท Repair = maintains existing buildings & fixtures |
| Rule 131 | Administrative Control of Works | 3 elements โ Full responsibility for construction/maintenance ยท Proper utilisation ยท Provision of funds |
| Rule 132 | Powers to Sanction Works | Regulated by DFPR and departmental regulations |
| Rule 133 | Execution โ Direct or through PWO/PSU | Repair โคโน60 lakh โ Ministry can execute directly ยท Repair >โน60 lakh or original works of any value โ assign to PWO (R.133(2)) or PSU/notified org (R.133(3)) ยท Competition on lump sum service charges mandatory |
| Rule 134 | Works under CPWD | Works not allotted to any Ministry โ included in Grants for Civil Works under CPWD ยท No split funding between departmental and civil works budget |
| Rule 135 | General Rules for Works | Detailed rules in departmental regulations ยท Empowered project teams for large value projects โ dedicated to project execution only |
| Rule 136 | 7 Pre-conditions Before Commencing Works | Admin approval ยท Expenditure sanction ยท Detailed design sanctioned (life cycle cost considered) ยท Estimates on Schedule of Rates ยท Funds provided ยท Tenders invited ยท Work Order issued ยท Exception: urgency โ officer's own judgement with simultaneous reporting |
| Rule 137 | Group of Works as One Project | Group forming one project = one work for sanction purposes ยท Cannot split to avoid higher authority sanction ยท Does not apply to independent similar works |
| Rule 138 | Savings from Sanctioned Estimates | Savings shall not be applied to additional work not in original project without special authority |
| Rule 139 | Procedure for Execution of Works | Design & estimates before sanction ยท Admin approval & expenditure sanction before commencement ยท Open tenders: โน10 lakhโโน60 lakh ยท Limited tenders: <โน10 lakh ยท Work Order before commencement ยท Final payment on Officer's Personal Certificate |
| Rule 140 | Works Entrusted to PWO/PSU | AA & expenditure sanction by Ministry ยท PWO/PSU executes under their own rules ยท MoU may be drawn |
| Rule 141 | Review of Projects | Projects โฅโน100 crore โ Review Committee (Admin Ministry + Finance/IFW + Executing Agency) mandatory ยท Committee can accept variation within 10% ยท <โน100 crore โ Ministry's discretion |
- ๐๏ธOriginal works means all:
- ๐New constructions
- ๐Site preparation
- ๐Additions and alterations to existing works
- ๐Special repairs to newly purchased or previously abandoned buildings or structures, including remodelling or replacement
- ๐งMinor works mean works which add capital value to existing assets but do not create new assets.
- ๐ ๏ธRepair works means works undertaken to maintain buildings and fixtures.
- ๐Works shall also include services or goods incidental or consequential to the original or repair works.
| Type | Creates New Asset? | Purpose |
|---|---|---|
| Original Works | โ Yes | New construction / additions / special repairs to purchased/abandoned structures |
| Minor Works | โฌ๏ธ Adds capital value | Improves existing asset but does not create a new one |
| Repair Works | โ No | Maintains existing buildings and fixtures โ no capital addition |
Administrative control of works includes all three of the following:
- 1๏ธโฃAssumption of full responsibility for construction, maintenance and upkeep.
- 2๏ธโฃProper utilisation of buildings and allied works.
- 3๏ธโฃProvision of funds for execution of these functions.
- ๐The powers delegated to various subordinate authorities to:
- ๐Accord administrative approval
- ๐Sanction expenditure
- ๐Re-appropriate funds for works
- ๐โฆare regulated by the Delegation of Financial Powers Rules (DFPR) and other orders contained in the respective departmental regulations.
- ๐๏ธA Ministry or Department may, at its discretion, directly execute repair works estimated to cost up to โน60 Lakhs, after following the procedure indicated in Rules 139, 159 & 160. โ โน60 lakh threshold
- ๐๏ธA Ministry or Department may assign:
- ๐Repair works estimated to cost above โน60 Lakhs, and
- ๐Original/minor works of any value
- ๐ขCPWD (Central Public Works Department)
- ๐ขState Public Works Departments
- ๐ขOther Central Govt. organisations authorised for civil/electrical works โ MES (Military Engineering Service), BRO (Border Roads Organisation), etc.
- ๐ขConstruction wings of Railways, Defence, Environment & Forests, Information & Broadcasting, Posts, Space, etc.
- ๐ญAs an alternative to Rule 133(2), a Ministry/Department may award repair works above โน60 lakh and original works of any value to:
- ๐(i) Any Public Sector Undertaking set up by the Central or State Government to carry out civil or electrical works, or
- ๐(ii) Any other Central/State Govt. organisation/PSU notified by MoHUA (Ministry of Housing and Urban Affairs) after evaluating their financial strength and technical competence.
- โ๏ธFor award under this sub-rule, the Ministry/Department shall ensure competition among such PSUs/Organisations โ essentially on lump sum service charges to be claimed for execution.
| Mode | Applicable To | Authority |
|---|---|---|
| Direct [R.133(1)] | Repair works โค โน60 lakh | Ministry/Dept itself |
| PWO [R.133(2)] | Repair >โน60 lakh ยท Original/minor of any value | CPWD / MES / BRO / Dept construction wings |
| PSU/Notified Org [R.133(3)] | Repair >โน60 lakh ยท Original of any value | Central/State PSU or MoHUA-notified org ยท Competition on service charges |
- ๐๏ธWorks not specifically allotted to any Ministry or Department shall be included in the Grants for Civil Works to be administered by the Central Public Works Department.
- โNo such work may be financed partly from departmental budget and partly from the budget for Civil Works โ split funding is not permissible.
- ๐Subject to Rule 144, the initiation, authorisation and execution of works allotted to a Ministry or Department shall be regulated by detailed rules and orders in their departmental regulations and other special orders applicable to them.
- ๐ฅA Ministry or Department shall put in place, as far as possible, empowered project teams for all large value projects.
- ๐ฏThese teams should be tasked only with project execution and not given other operational duties. โญ Exam point โ dedicated teams
No works shall be commenced or liability incurred in connection with it until all seven of the following conditions are satisfied:
- 1๏ธโฃAdministrative Approval obtained from the appropriate authority.
- 2๏ธโฃSanction to incur expenditure obtained from the competent authority.
- 3๏ธโฃA properly detailed design has been sanctioned. While designing, principles of Life Cycle Cost may also be considered.
- 4๏ธโฃEstimates containing detailed specifications and quantities have been prepared on the basis of the Schedule of Rates maintained by CPWD or other PWOs โ and sanctioned.
- 5๏ธโฃFunds to cover the charge during the year have been provided by competent authority.
- 6๏ธโฃTenders invited and processed in accordance with rules.
- 7๏ธโฃA Work Order issued.
- โกIf on grounds of urgency the seven conditions cannot be complied with, the concerned executive officer may act on his own judgement and responsibility.
- ๐Simultaneously, he must:
- ๐Initiate action to obtain approval from the competent authority, and
- ๐Intimate the concerned Accounts Officer.
- ๐Any development of a project considered necessary while a work is in progress, which is not contingent on the execution of work as first sanctioned, shall have to be covered by a supplementary estimate.
- ๐ฆFor the purpose of approval and sanctions, a group of works which forms one project shall be considered as one work.
- โThe necessity for obtaining approval or sanction of a higher authority shall not be avoided merely because the cost of each particular work in the project is within the powers of approval or sanction of a lower authority.
- โ Exception: This provision shall not apply in case of works of similar nature which are independent of each other.
- โAny anticipated or actual savings from a sanctioned estimate for a definite project shall not, without special authority, be applied to carry out additional work not contemplated in the original project.
- ๐กSavings in a sanctioned estimate belong to the approved scope of the project. Diverting them to unauthorised additional works would bypass the requirement to obtain a fresh sanction for the new work โ which is not permissible without specific authority.
The broad procedure to be followed by a Ministry or Department for execution of works under its own arrangements:
- 1๏ธโฃThe detailed procedure shall be prescribed by departmental regulations framed in consultation with the Accounts Officer, generally based on the principles underlying the financial and accounting rules for similar works carried out by CPWD.
- 2๏ธโฃPreparation of detailed design and estimates shall precede any sanction for works.
- 3๏ธโฃNo work shall be undertaken before issue of Administrative Approval and Expenditure Sanction by the competent authority on the basis of the estimates framed.
- 4๏ธโฃOpen tenders shall be called for works costing โน10 lakh to โน60 lakh. โญ โน10Lโโน60L โ Open tender
- 5๏ธโฃLimited tenders shall be called for works costing less than โน10 lakhs. โญ <โน10L โ Limited tender
- 6๏ธโฃExecution of Contract Agreement or Award of work should be done before commencement of the work.
- 7๏ธโฃFinal payment for work shall be made only on the Personal Certificate of the Officer-in-charge of execution of the work, in the following format:
"I, Executing Officer of (Name of the Work), am personally satisfied that the work has been executed as per the specifications laid down in the Contract Agreement and the workmanship is up to the standards followed in the Industry."
- ๐Open Tenders: Works costing โน10 lakh to โน60 lakh
- ๐Limited Tenders: Works costing less than โน10 lakhs
- โกFor works above โน60 lakh โ assigned to PWO/PSU under Rule 133(2)/(3), not direct execution
- ๐๏ธFor works entrusted as per Rule 133(2) or 133(3), the Administrative Approval and Expenditure Sanction shall be accorded and funds allotted by the concerned Ministry/Department under these rules and in accordance with DFPR.
- ๐๏ธThe Public Works Organisation or PSU to which work is allotted shall then execute the work under the rules and procedures prescribed in that organisation.
- ๐A Memorandum of Understanding (MoU) may be drawn with the Public Works Organisation or PSU for proper execution of work.
- ๐๏ธMinistry/Department: Administrative Approval + Expenditure Sanction + Fund Allotment
- ๐๏ธPWO/PSU: Actual execution under its own rules + procedures
- ๐๏ธAfter a project costing โน100 crore or above is approved, the Administrative Ministry or Department shall set up a Review Committee consisting of a representative each from:
- ๐Administrative Ministry
- ๐Finance (Internal Finance Wing)
- ๐Executing Agency
- โ๏ธThe Review Committee shall have the powers to accept variation within 10% of the approved estimates. โ 10% variation limit
- ๐๏ธFor works costing less than โน100 crores, it shall be at the discretion of the Administrative Ministry/Department to set up a suitable mechanism for review and acceptance of variation within 10% of the approved estimates.
- ๐โน100 crore or above: Review Committee is mandatory โ 3 members (Admin Ministry + IFW + Executing Agency)
- ๐Below โน100 crore: Review mechanism at Ministry's discretion
- ๐10% โ Maximum variation that Review Committee can accept within the approved estimate
- ๐โน60 lakh โ threshold for direct execution of repair works by Ministry (R.133)
- ๐โน10 lakh to โน60 lakh โ Open tenders required (R.139)
- ๐Below โน10 lakh โ Limited tenders (R.139)
- ๐7 pre-conditions before commencing any work (R.136)
- ๐โน100 crore or above โ Review Committee mandatory with 3 members (R.141)
- ๐10% โ variation limit that Review Committee can accept (R.141)
- ๐Schedule of Rates maintained by CPWD โ basis for preparing estimates (R.136)
- ๐Life Cycle Cost โ principle to be considered while designing projects (R.136)
- ๐MoU may be drawn with PWO/PSU for execution (R.140)
| Rule No. | Subject | Key Point |
|---|---|---|
| Rule 142 | Scope | General rules for all Ministries/Depts for procurement of goods for public service |
| Rule 143 | Definition of Goods | Wide definition โ articles, material, machinery, software, IP, livestock, spares, vehicles, etc. ยท Includes incidental works and services (transport, insurance, installation, commissioning, training, maintenance) ยท Excludes library books/publications |
| Rule 144 | Fundamental Principles of Public Buying | Efficiency, economy, transparency, fair treatment, competition ยท 11 yardsticks including: objective specs ยท no brand names ยท Annual Procurement Plan on website ยท DoE may restrict procurement from certain countries on national security grounds |
| Rule 145 | Authorities Competent to Purchase | Authority competent to incur expenditure may sanction purchase as per DFPR |
| Rule 146 | Procurement on Mobilisation | Regulated by special rules/orders issued by Government from time to time |
| Rule 147 | Powers for Procurement | Full powers to Ministries/Depts for goods/services NOT available on GeM ยท Items available on GeM must be procured mandatorily through GeM (per Rule 149) |
| Rule 149 | Government e-Marketplace (GeM) | Mandatory procurement through GeM for all available goods/services ยท Three tiers: โคโน50,000 (any seller) ยท โน50,000โโน10L (lowest price among โฅ3 manufacturers) ยท >โน10L (online bidding/reverse auction mandatory) ยท Annual Procurement Plan on GeM portal within 30 days of Budget approval ยท Demand not to be split to avoid higher thresholds |
| Rule 150 | Registration of Suppliers | For goods not on GeM ยท Registration period: 1โ3 years ยท Performance watched continuously ยท Grounds for removal: substandard goods, false declaration, failure to supply on time, not in public interest ยท List exhibited on website |
| Rule 151 | Debarment from Bidding | Mandatory debarment: conviction under Prevention of Corruption Act / BNS for loss of life or property ยท Period: up to 3 years (DoE list on CPPP) ยท Discretionary: Code of Integrity breach โ up to 2 years (Ministry list on website) ยท Reasonable opportunity to represent before debarment |
| Rule 152 | Indian Agents for Foreign Principals | Ministries/Depts may enlist Indian agents to quote directly on behalf of foreign principals |
| Rule 153 | Reserved Items and Purchase Preference | Khadi goods: exclusively from KVIC ยท Handloom textiles: at least 20% mandatory from KVIC/Handloom Clusters ยท MSME Procurement Policy under MSMED Act 2006 ยท Central Govt may notify mandatory procurement from any category or preference for locally manufactured goods |
| Rule 154 | Purchase Without Quotation | โคโน50,000 (when item not on GeM) ยท Certificate of personal satisfaction by competent authority ยท No quotations or bids required |
| Rule 155 | Purchase by Purchase Committee | Above โน50,000 and up to โน5,00,000 (when not on GeM) ยท 3-member Local Purchase Committee ยท Joint certificate of satisfaction by all members ยท Certificate must confirm supplier is not debarred by DoE or Ministry |
| Rule 157 | No Splitting of Demand | Demand for goods shall not be divided into small quantities to avoid higher authority sanction or competitive tendering |
| Rule 158 | Purchase by Obtaining Bids โ Five Methods | (i) Advertised Tender Enquiry (ii) Limited Tender Enquiry (iii) Two-Stage Bidding (iv) Single Tender Enquiry (v) Electronic Reverse Auction |
| Rule 159 | E-Publishing โ Mandatory | Mandatory publication on GeM-CPPP for all Ministries/Depts/Autonomous Bodies ยท Exemption: national security โ Secretary + FA concurrence ยท Statistical info on exemptions โ MoF/DoE quarterly ยท Applies to all forms of tender/RFP/EOI/pre-qualification notices ยท Exempted: R.154 and R.155 purchases |
| Rule 160 | E-Procurement โ Mandatory | Mandatory receipt of all bids through e-procurement portals ยท NIC solution available for low-volume depts ยท National security exemption with Secretary approval + FA concurrence ยท Indian Missions Abroad: Competent Authority may exempt |
| Rule 161 | Advertised Tender Enquiry | Estimated value โฅโน50 lakhs ยท Published on GeM + GeM-CPPP + own website ยท Complete bidding document on website ยท Minimum 3 weeks for bid submission (4 weeks if foreign bids invited) ยท No GTE for tenders up to โน200 crore (relaxation from Competent Authority for exceptions) ยท No cost for tender documents downloaded from website |
| Rule 162 | Limited Tender Enquiry | Estimated value up to โน50 lakhs ยท More than 3 supplier firms ยท Published on GeM-CPPP ยท Unsolicited bids not accepted ยท Permitted beyond โน50 lakhs if: urgency certified / not in public interest to advertise / sources of supply definitely known |
| Rule 163 | Two-Bid System (Technical + Financial) | For high-value complex plant/machinery ยท Separate sealed envelopes for technical and financial bids inside outer envelope ยท Technical bids opened first and evaluated ยท Financial bids of only technically accepted offers opened in second stage |
| Rule 164 | Two-Stage Bidding | For procurements where detailed specs cannot be formulated without bidder inputs ยท Or rapid technology/market changes ยท Or R&D contracts ยท Or comprehensive survey needed ยท First stage: technical bids without price; committee evaluates, may hold discussions (equal opportunity to all) ยท Second stage: revised specs โ final bids with prices ยท Bidder may withdraw without penalty if modifications are unacceptable |
| Rule 165 | Late Bids | Late bids (received after specified date and time) shall NOT be considered in advertised or limited tender enquiry |
| Rule 166 | Single Tender Enquiry | Three circumstances: (i) only one manufacturer known (ii) emergency requiring specific source (iii) standardisation of spares/machinery ยท Proprietary Article Certificate required for (i) and (iii) |
| Rule 167 | Electronic Reverse Auction | Online real-time technique ยท Successively more favourable bids during scheduled period ยท Conditions: detailed description feasible + competitive market + criteria quantifiable in monetary terms |
| Rule 168 | Contents of Bidding Document | 7 chapters: Instructions to Bidders ยท Conditions of Contract ยท Schedule of Requirements ยท Specifications/Technical Details ยท Price Schedule ยท Contract Form ยท Other Standard Forms |
| Rule 169 | Maintenance Contract | Needed for sophisticated/costly equipment ยท Maintenance free of charge during warranty period ยท Paid maintenance commences only after warranty period |
| Rule 170 | Bid Security (Earnest Money) | 2%โ5% of estimated value ยท Exempted: MSEs (MSME policy) / registered suppliers / CPO / DPIIT-recognised Startups ยท Forms: Insurance Surety Bond / A/c Payee DD / FDR / Banker's Cheque / BG (incl. e-BG) / online payment ยท Valid 45 days beyond final bid validity ยท Returned to unsuccessful bidders by 30th day after contract award ยท Two-packet/two-stage: unsuccessful 1st-stage bidders get BG back within 30 days of 1st-stage result |
| Rule 171 | Performance Security | 3%โ5% of contract value (for goods/consultancy/non-consultancy services) ยท Valid 60 days beyond completion of all contractual obligations including warranty ยท Bid security refunded on receipt of Performance Security ยท Forms: Insurance Surety Bond / A/c Payee DD / FDR / BG (incl. e-BG) / online payment |
| Rule 172(1) | Advance Payment to Supplier | Ordinarily after services rendered/supplies made ยท Advance ceilings: 30% (private firms) ยท 40% (Central/State Govt agency or PSU) ยท Maintenance contract: up to 6 months' amount ยท Can be relaxed by Ministry in consultation with FA ยท Bank guarantee/adequate safeguards mandatory |
| Rule 172(2) | Part Payment to Suppliers | Part payment may be released after dispatch of goods from supplier's premises as per contract terms |
| Rule 173 | Transparency, Competition and Fairness โ 22 Measures | Bidding doc must be self-contained ยท NIL bid = unresponsive ยท No new condition during evaluation ยท Post-bid negotiation severely discouraged (only with L-1 if unavoidable) ยท Single offer in open/limited tender = single tender contract ยท >โน50L Purchase Committee: no direct reporting between members ยท BEE Star Rating mandatory ยท 4 grounds for rejecting all bids ยท Lack of competition not solely by number of bidders |
| Rule 174 | Efficiency, Economy and Accountability | Prescribe time frame for each procurement stage ยท Delegate purchasing powers wherever necessary ยท Contract to be placed within original bid validity ยท Extension of bid validity to be discouraged |
| Rule 175 | Code of Integrity โ 8 Prohibitions | Bribery ยท Misrepresentation ยท Collusion/bid rigging ยท Improper use of information ยท Conflict transactions ยท Coercion/threat ยท Obstruction ยท False declaration ยท Disclosure of conflict of interest ยท Disclosure of prior transgressions in last 3 years ยท Reasonable opportunity before action |
| Rule 176 | Buy-Back Offer | Old item traded while purchasing new one with competent authority approval ยท Clause in bidding document ยท Option to trade or not trade kept open |
| Rule 177 | Definition โ Consulting Services | Non-physical, project-specific, intellectual and procedural processes ยท Outcomes vary from consultant to consultant ยท Does NOT include direct engagement of retired Govt servant ยท Examples: management/policy/communications consultants, feasibility studies, project management, finance/accounting/taxation, training |
| Rules 178โ182 | Consulting Services โ Preliminary Steps | R.178: May hire external consultants for specific, time-bound job ยท R.180: Only if Ministry lacks requisite expertise; competent authority approval needed ยท R.181: Prepare scope, objectives, eligibility criteria ยท R.182: Estimate reasonable expenditure from market conditions |
| Rule 183 | Identification of Consultant Sources โ Two Tiers | โคโน50L: Long list from informal enquiries, CII, associations ยท >โน50L: Expression of Interest (EOI) published on GeM + GeM-CPPP; adequate time to be allowed |
| Rule 184 | Short-Listing of Consultants | Short-listed consultants shall not be less than 3 |
| Rule 185 | Terms of Reference (TOR) โ 5 Elements | (i) Statement of objectives (ii) Outline of tasks (iii) Schedule for completion (iv) Support/inputs to be provided by Ministry (v) Final outputs required |
| Rule 186 | Request for Proposal (RFP) โ 9 Contents | Letter of Invitation ยท Information to Consultants ยท TOR ยท Eligibility/pre-qualification criteria ยท Key positions for CV evaluation ยท Evaluation criteria and selection procedure ยท Standard formats for technical and financial proposals ยท Proposed contract terms ยท Mid-term review procedure |
| Rules 187โ190 | Receipt, Opening and Evaluation of Proposals | Two-bid system (technical + financial in separate sealed envelopes) ยท Technical proposals opened first ยท Late bids not considered ยท CEC evaluates technical bids with detailed reasons for acceptance/rejection ยท Financial bids opened only for technically qualified bidders |
| Rules 191โ194 | Methods of Consultancy Selection โ 3 Methods | QCBS: Quality + Cost combined score; technical weight โค80%; highest combined score wins ยท LCS: Standard/routine assignments; lowest cost among technically qualified ยท Single Source/Nomination: 5 circumstances (continuation of previous work, emergency, proprietary, special circumstance, fairness ensured); full justification + competent authority approval |
| Rules 195โ196 | Monitoring and Design Competition | R.195: Task force approach; continuous monitoring throughout ยท R.196: Design competition (symbols/logos) โ transparent, fair, wide publicity; published on Ministry website + GeM-CPPP; jury composition may be notified |
| Rule 197 | Definition โ Non-Consulting Services | Physical, measurable deliverables/outcomes; performance standards clearly identifiable ยท Examples: maintenance, vehicle hiring, facilities management, security, photocopier, janitor, drilling, aerial photography, satellite imagery, mapping |
| Rules 198โ200 | Non-Consulting Services โ General and Tender Enquiry | R.198: Procured in interest of economy and efficiency ยท R.199: List of contractors from Yellow Pages, trade journals, websites, enquiries ยท R.200: Tender enquiry must include 4 elements: work details, facilities/inputs provided, eligibility criteria, statutory/contractual obligations |
| Rule 201 | Invitation of Bids โ Non-Consulting Two Tiers | โคโน50L: Limited Tender Enquiry to more than 3 contractors ยท >โน50L: Open advertisement on GeM + GeM-CPPP (and own website) |
| Rules 202โ205 | Evaluation, Nomination and Monitoring | R.202: Late bids not considered ยท R.203: Evaluate, segregate, rank responsive bids ยท R.204: Nomination for non-consulting โ Competent Authority + FA consultation; detailed justification integral part of proposal ยท R.205: Continuous monitoring of contractor performance throughout |
| Rule 206 | Residual Applicability | Gaps in Rules 198โ205 โ governed by Rules 142โ176 (goods rules), NOT consulting rules |
- ๐This chapter contains the general rules applicable to all Ministries or Departments regarding procurement of goods required for use in the public service.
- ๐Procuring departments may issue detailed instructions broadly in conformity with the general rules contained in this Chapter.
- ๐ฆPhysical goods: All articles, material, commodity, livestock, furniture, fixtures, raw material, spares, instruments, machinery, equipment, industrial plant, vehicles, aircraft, ships, medicines, railway rolling stock, assemblies, subassemblies, accessories, group of machineries comprising an integrated production process
- ๐ปIntangible products: Software, technology transfer, licences, patents or other intellectual properties โ purchased or otherwise acquired for use of Government
- ๐งIncidental works and services: Transportation, insurance, installation, commissioning, training and maintenance โ which are incidental or consequential to the supply of such goods
- โExcluded: Books, publications, periodicals, etc. for a library.
- ๐ฏEvery authority delegated with powers to procure goods shall have the responsibility and accountability to bring efficiency, economy, and transparency in public procurement and for fair and equitable treatment of suppliers and promotion of competition.
- (i)Description of procurement shall be objective, functional, generic and measurable โ specifying technical, qualitative and performance characteristics. No particular trade mark, trade name or brand to be indicated.
- (ii)Specifications shall be clearly spelt out to meet basic needs without superfluous or non-essential features (which may cause unwarranted expenditure).
- (iii)Technical specifications shall be based on national technical regulations or recognised national standards or building codes, or in their absence, relevant international standards. For GoI-funded projects abroad, may be based on host country standards.
- (iv)Avoid purchasing quantities in excess of requirement to avoid inventory carrying costs.
- (v)Offers to be invited following a fair, transparent and reasonable procedure.
- (vi)Procuring authority must be satisfied that the selected offer adequately meets the requirement in all respects.
- (vii)Procuring authority must satisfy itself that the price of the selected offer is reasonable and consistent with the quality required.
- (viii)At each stage of procurement, the procuring authority must place on record in precise terms the considerations which weighed while taking the procurement decision.
- (ix)A complete schedule of procurement cycle from date of issuing the tender to date of issuing the contract should be published when the tender is issued.
- (x)All Ministries/Departments shall prepare an Annual Procurement Plan before the commencement of the year and the same shall also be placed on their website.
- (xi)DoE may, by order in writing, impose restrictions (including prior registration and/or screening) on procurement from bidders from, or having commercial arrangements with, a country or countries โ on grounds of defence of India or national security. No procurement shall be made in violation of such restrictions. โ National Security Restriction
- ๐คAn authority which is competent to incur expenditure may sanction the purchase of goods required for use in public service in accordance with the Delegation of Financial Powers Rules (DFPR), following the general procedure in the rules below.
- ๐ชProcurement of goods required on mobilisation and/or during the continuance of Military operations shall be regulated by any special rules and orders issued by the Government on this behalf from time to time.
- ๐Ministries or Departments have been delegated full powers to make their own arrangements for procurement of goods and services that are not available on GeM.
- ๐Common use Goods and Services available on GeM are required to be procured mandatorily through GeM as per Rule 149.
- ๐Government of India has established GeM (Government e-Marketplace) for common use Goods and Services. Procurement of Goods and Services by Ministries or Departments is mandatory for Goods or Services available on GeM.
- โ Credentials of suppliers certified by GeM SPV. Procuring authorities certify reasonableness of rates.
| Tier | Value | Procedure |
|---|---|---|
| (i) | Up to โน50,000 | Any available supplier on GeM meeting requisite quality, specification and delivery period. (Automobiles: no ceiling limit) |
| (ii) | Above โน50,000 up to โน10,00,000 | GeM Seller having lowest price among available sellers of at least 3 different manufacturers on GeM, meeting requisite quality, specification and delivery period. Online bidding/reverse auction tools may be used even for procurements less than โน10L |
| (iii) | Above โน10,00,000 | Supplier having lowest price after mandatorily obtaining bids using online bidding or reverse auction on GeM |
- ๐ Annual Procurement Plan of goods and services shall be projected on GeM portal within 30 days of Budget approval. โ 30 days
- โA demand for goods shall not be divided into small quantities to make piecemeal purchases to avoid L-1 buying/bidding/reverse auction on GeM or to avoid the necessity of obtaining the sanction of higher authorities.
- ๐Government Buyers may ascertain reasonableness of prices using Business Analytics (BA) tools on GeM including Last Purchase Price on GeM and Department's own Last Purchase Price.
- ๐The monetary ceilings under (i)โ(iii) above apply only for GeM purchases. For purchases outside GeM, relevant GFR rules shall apply.
- ๐Sub-rule (i): For goods and services not available on GeM, Head of Ministry/Department may register suppliers periodically following a fair, transparent and reasonable procedure with due publicity. Such registered suppliers should be boarded on GeM as and when the item gets listed.
- ๐Sub-rule (ii): Before registration, credentials, manufacturing capability, quality control systems, past performance, after-sales service and financial background shall be carefully verified.
- ๐ Sub-rule (iii): Registered for a fixed period of 1 to 3 years depending on nature of goods. At end of period, willing suppliers apply afresh for renewal. New suppliers may be considered at any time if they fulfil all conditions. โ 1โ3 years
- ๐๏ธSub-rule (iv): Performance and conduct of every registered supplier shall be watched. Grounds for removal from approved list: failure to supply on time ยท supply of substandard goods ยท false declaration to any Government agency ยท any ground not in public interest.
- ๐Sub-rule (v): List of registered suppliers shall be exhibited on the website of the Procuring Entity / their e-Procurement portals.
- โMandatory debarment [Sub-rule (i)]: A bidder shall be debarred if convicted of an offence under:
- ๐The Prevention of Corruption Act, 1988; or
- ๐The Bharatiya Nyaya Sanhita or any other law for causing any loss of life or property or threat to public health as part of execution of a public procurement contract
- ๐ Sub-rule (ii): A mandatorily debarred bidder or any successor shall not be eligible for any procuring entity for a period not exceeding three years from the date of debarment. DoE shall maintain the list, displayed on the Central Public Procurement Portal. โ Up to 3 years โ DoE/CPPP
- ๐ Sub-rule (iii) โ Discretionary debarment: A procuring entity may debar a bidder (or successors) from its own procurement processes for a period not exceeding two years if it determines the bidder has breached the code of integrity. Ministry/Department shall maintain the list, displayed on their website. โ ๏ธ Up to 2 years โ Ministry/website
- โ๏ธSub-rule (iv): A bidder shall not be debarred unless given a reasonable opportunity to represent against such debarment.
- ๐Ministries/Departments, if they so require, may enlist Indian agents who desire to quote directly on behalf of their foreign principals.
- ๐งถSub-rule (i) โ Khadi and Handloom: All items of hand spun and hand-woven textiles (khadi goods) are reserved for exclusive purchase from KVIC. Of all textiles, at least 20% mandatory procurement from handloom origin from KVIC and/or Handloom Clusters (Co-operative Societies, SHG Federations, JLG, Producer Companies, Corporations, Weavers with Pehchan Cards). โ 20% handloom
- ๐ญSub-rule (ii) โ MSME Policy: Ministry of MSME has notified procurement policy under Section 11 of the MSMED Act, 2006.
- ๐Sub-rule (iii) โ Central Govt discretion: Central Government may, by notification, provide for mandatory procurement from any category of bidders or provide for preference to bidders on the grounds of promotion of locally manufactured goods or locally provided services.
- ๐When a certain item is not available on GeM portal, purchase of goods up to the value of โน50,000 on each occasion may be made without inviting quotations or bids, on the basis of a certificate to be recorded by the competent authority. โ โคโน50,000
"I am personally satisfied that these goods purchased are of the requisite quality and specification and have been purchased from a reliable supplier at a reasonable price."
- ๐When a certain item is not available on GeM portal, purchase of goods costing above โน50,000 and up to โน5,00,000 on each occasion may be made on the recommendations of a duly constituted Local Purchase Committee of 3 members at an appropriate level as decided by the Head of the Department. โ โน50,000โโน5,00,000 ยท 3 members
- ๐The committee will survey the market to ascertain reasonableness of rate, quality and specifications and identify the appropriate supplier.
"Certified that we, members of the purchase committee are jointly and individually satisfied that the goods recommended for purchase are of the requisite specification and quality, priced at the prevailing market rate and the supplier recommended is reliable and competent to supply the goods in question, and it is not debarred by Department of Expenditure or Ministry/Department concerned."
- โA demand for goods shall not be divided into small quantities to make piecemeal purchases to avoid the necessity of obtaining the sanction of higher authority required with reference to the estimated value of the total demand.
- ๐Except in cases covered under Rules 154 and 155, Ministries or Departments shall procure goods by following the standard method of obtaining bids in:
- 1๏ธโฃAdvertised Tender Enquiry โ open to all (Rule 161)
- 2๏ธโฃLimited Tender Enquiry โ to registered/known suppliers (Rule 162)
- 3๏ธโฃTwo-Stage Bidding โ technical bids first, financial bids later (Rule 164)
- 4๏ธโฃSingle Tender Enquiry โ from a single source (Rule 166)
- 5๏ธโฃElectronic Reverse Auctions โ online real-time bidding (Rule 167)
- ๐ปSub-rule (i): It is mandatory for all Ministries/Departments, their attached and subordinate offices and Autonomous/Statutory Bodies to publish their tender enquiries, corrigenda thereon and details of bid awards on GeM-Central Public Procurement Portal (GeM-CPPP).
- ๐Sub-rule (ii) โ Exemption (National Security): Individual cases requiring confidentiality for reasons of national security may be exempted. Decision to exempt requires approval of Secretary of the Ministry/Department with FA concurrence (for Autonomous/Statutory Bodies: Head of Body + Head of Finance). Statistical information on exemptions (number of cases and value) shall be intimated to MoF/DoE on a Quarterly basis. โ Quarterly to DoE
- ๐Sub-rule (iii): Applies to all forms: tender enquiries, RFPs, Requests for EOIs, Notice for Pre-Qualification/Registration, or any other notice inviting bids โ whether advertised, limited or single party.
- โ Sub-rule (v) โ Exempted: Procurements under Rule 154 (without quotation) and Rule 155 (purchase committee) are not required to comply with e-publishing.
- ๐ปSub-rule (i): It is mandatory for Ministries/Departments to receive all bids through e-procurement portals in respect of all procurements.
- ๐Sub-rule (ii): Low-volume procurement Ministries or those carrying out procurements only for day-to-day office running may use the e-procurement solution developed by NIC. Others may use NIC or engage any other service provider following due process.
- ๐Sub-rule (iv) โ Exemption: Where national security and strategic considerations demand confidentiality, the Ministry/Department may exempt after seeking approval of the concerned Secretary with FA concurrence.
- ๐Sub-rule (v): For tenders floated by Indian Missions Abroad, the Competent Authority to decide the tender may exempt from e-procurement.
- ๐ขSub-rule (i): Invitation to tenders by advertisement shall be used for procurement of goods of estimated value of โน50 lakhs and above. Advertisement to be given on GeM as well as GeM-CPPP. Own website must also publish advertised tender enquiries. โ โฅโน50 lakhs
- ๐Sub-rules (ii) & (iii): Complete bidding document to be posted on the organisation's website and on GeM-CPPP. Advertisement must give the complete web address for downloading bidding documents.
- ๐Sub-rule (iv) โ Global Tender Enquiry (GTE):
- ๐(a) Where goods of required quality may not be available in India, Ministry may send copies of tender notice to Indian Embassies abroad and Foreign Embassies in India. In such cases, e-procurement as per Rule 160 may not be insisted.
- โ(b) No GTE shall be invited for tenders up to โน200 crore (or such limit as prescribed by DoE). For tenders below such limit, GTE in exceptional cases requires detailed justification and prior approval for relaxation from the Competent Authority specified by DoE. โ โน200 crore GTE threshold
- ๐Sub-rule (v): No cost may be charged for tender documents downloaded by bidders (to promote wider participation).
- ๐ Sub-rule (vi) โ Minimum bid submission time: Ordinarily at least 3 weeks from date of publication of tender notice or availability of bidding document for sale (whichever is later). Where bids also invited from abroad: minimum 4 weeks for both domestic and foreign bidders. โ 3 weeks / 4 weeks (if abroad)
- ๐Sub-rule (i): This method may be adopted when estimated value of goods to be procured is up to โน50 lakhs. Bidding documents to be sent directly by speed post/registered post/courier/e-mail to firms on the list of registered suppliers. Number of supplier firms must be more than 3. Also published on GeM and GeM-CPPP. โ โคโน50 lakhs ยท >3 firms
- โSub-rule (ii): Unsolicited bids shall not be accepted. However, Ministries/Departments should evolve a system by which interested firms can register and bid in the next round of tendering.
- ๐Sub-rule (iii) โ LTE permitted even above โน50 lakhs in three circumstances:
- ๐(a) Urgency: Competent authority certifies demand is urgent; additional expenditure justified; nature of urgency and reasons why procurement could not be anticipated placed on record
- ๐(b) Public interest: Sufficient reasons, recorded in writing by competent authority, that it will not be in public interest to procure through advertised tender
- ๐(c) Known sources: Sources of supply are definitely known and possibility of fresh sources beyond those being tapped is remote
- โฑ๏ธSub-rule (iv): Sufficient time shall be allowed for submission of bids in LTE cases.
- ๐ฆFor purchasing high-value plant, machinery etc. of a complex and technical nature, bids may be obtained in two parts:
- 1๏ธโฃTechnical bid โ all technical details along with commercial terms and conditions
- 2๏ธโฃFinancial bid โ item-wise prices for the items mentioned in the technical bid
- โ๏ธBoth sealed in separate covers duly super-scribed, both placed in a bigger sealed outer cover, also duly super-scribed.
- ๐Process: Technical bids opened first โ evaluated by a competent committee or authority โ financial bids of only technically acceptable offers are opened at the second stage after intimating them the date and time of financial bid opening โ further evaluation and ranking โ contract awarded.
- ๐Ministry/Department may use two-stage bidding if any of the following conditions apply:
- ๐(a) Not feasible to formulate detailed specifications without receiving technical inputs from bidders
- ๐(b) Subject matter is subject to rapid technological advances or market fluctuations
- ๐(c) Contract is for research, experiment, study or development (except where it includes production of items in quantities sufficient to establish commercial viability or recover R&D costs)
- ๐(d) Bidder expected to carry out a detailed survey/investigation and comprehensive risk, cost and obligation assessment
- 1๏ธโฃFirst Stage: Ministry/Department invites bids through advertised tender with technical aspects and contractual terms โ without bid price
- 2๏ธโฃAll eligible first-stage bids evaluated through a committee. Committee may hold discussions with bidders โ equal opportunity to all
- 3๏ธโฃProcuring entity may add, amend or omit any specification or evaluation criterion, but shall not modify the fundamental nature of the procurement
- 4๏ธโฃSecond Stage: Bids invited from all bidders whose first-stage bids were not rejected โ to present final bids with prices in response to a revised set of terms and conditions
- 5๏ธโฃAny bidder who cannot supply due to modifications in specifications may withdraw from bidding proceedings without forfeiting any bid security and without being penalised, by declaring intention to withdraw with adequate justification
- โIn the case of advertised tender enquiry or limited tender enquiry, late bids (i.e., bids received after the specified date and time for receipt of bids) should not be considered.
- ๐Procurement from a single source may be resorted to in the following circumstances:
- 1๏ธโฃ(i) It is in the knowledge of the user department that only a particular firm is the manufacturer of the required goods
- 2๏ธโฃ(ii) In a case of emergency, the required goods are necessarily to be purchased from a particular source โ reason to be recorded and approval of competent authority obtained
- 3๏ธโฃ(iii) For standardisation of machinery or spare parts to be compatible to existing sets of equipment โ on the advice of a competent technical expert and approved by the competent authority
- ๐(i) The indented goods are manufactured by M/s โฆโฆโฆโฆโฆ
- ๐(ii) No other make or model is acceptable for the following reasons: โฆโฆโฆโฆโฆ
- ๐(iii) Concurrence of finance wing to the proposal vide: โฆโฆโฆโฆโฆ
- ๐(iv) Approval of the competent authority vide: (Signature with date and designation of the indenting officer)
- ๐ปSub-rule (i): Electronic Reverse Auction means an online real-time purchasing technique where bidders present successively more favourable bids during a scheduled period of time, with automatic evaluation.
- ๐Sub-rule (ii) โ Conditions: A procuring entity may use electronic reverse auction if:
- ๐(a) It is feasible to formulate a detailed description of the subject matter
- ๐(b) There is a competitive market of qualified bidders anticipated to participate โ to ensure effective competition
- ๐(c) Criteria for determining the successful bid are quantifiable and can be expressed in monetary terms
- ๐Sub-rule (iii) โ Procedure: Solicit bids through an invitation published/communicated as per e-procurement provisions. The invitation shall include details relating to access and registration for the auction, opening and closing of the auction, and norms for conduct of the auction.
- Ch.1Instructions to Bidders
- Ch.2Conditions of Contract
- Ch.3Schedule of Requirements
- Ch.4Specifications and Allied Technical Details
- Ch.5Price Schedule (to be utilised by bidders for quoting their prices)
- Ch.6Contract Form
- Ch.7Other Standard Forms, if any, to be utilised by the purchaser and the bidders
- ๐งDepending on cost and nature of goods, it may be necessary to enter into maintenance contract(s) of suitable period, either with the supplier of the goods or with any other competent firm.
- โ ๏ธEspecially needed for sophisticated and costly equipment and machinery.
- ๐ Equipment or machinery is maintained free of charge by the supplier during its warranty period or such other extended periods as the contract terms may provide. Paid maintenance shall commence only thereafter.
- ๐Purpose: To safeguard against a bidder's withdrawing or altering its bid during the bid validity period in the case of advertised or limited tender enquiry.
- ๐ฐAmount: Ordinarily 2% to 5% of the estimated value of goods to be procured. Amount to be determined and indicated in bidding documents. โ 2%โ5%
- โ Exempted from bid security: MSEs (as defined in MSME Procurement Policy) ยท Suppliers registered with Central Purchase Organisation or concerned Ministry/Department ยท Startups recognised by DPIIT
- ๐Acceptable forms: Insurance Surety Bonds ยท Account Payee Demand Draft ยท Fixed Deposit Receipt ยท Banker's Cheque ยท Bank Guarantee (including e-Bank Guarantee) from any Commercial Bank ยท Online payment in acceptable form
- ๐ Bid security to remain valid for a period of 45 days beyond the final bid validity period. โ 45 days beyond bid validity
- ๐Return of bid security: Unsuccessful bidders โ returned at the earliest after expiry of final bid validity and latest on or before the 30th day after the award of the contract. โ 30th day after award
- ๐Two-packet/two-stage bidding: Bid securities of unsuccessful bidders at the first stage (technical evaluation) shall be returned within 30 days of declaration of first-stage result.
- ๐Alternative โ Bid Securing Declaration: In place of bid security, Ministries/Departments may require bidders to sign a Bid Securing Declaration โ accepting that if they withdraw/modify their bid during validity, or fail to sign the contract or submit performance security before the deadline, they will be suspended for the specified period from being eligible to submit bids for contracts with that entity.
- ๐Purpose: To ensure due performance of the contract. Obtained from the successful bidder awarded the contract.
- ๐ฐAmount: For procurement of Goods/Consultancy Services/Non-Consultancy Services: 3% to 5% of the value of the contract as specified in bid documents. โ 3%โ5% (Goods/Consultancy/Non-Consultancy)
- ๐Note: Amount of Performance Security plus security deposit/retention money for procurement of Works will continue to be 3% to 10%.
- ๐Acceptable forms: Insurance Surety Bond ยท Account Payee Demand Draft ยท Fixed Deposit Receipt from a Commercial Bank ยท Bank Guarantee (including e-Bank Guarantee) from a Commercial Bank ยท Online payment in acceptable form
- ๐ Performance Security should remain valid for a period of 60 days beyond the date of completion of all contractual obligations including warranty obligations. โ 60 days beyond completion + warranty
- ๐Bid security shall be refunded to the successful bidder on receipt of Performance Security.
- ๐Ordinarily, payments for services rendered or supplies made should be released only after the services have been rendered or supplies made. However, advance payments may be made in the following types of cases:
- ๐Advance demanded by firms holding maintenance contracts for servicing of Air-conditioners, computers, other costly equipment, etc.
- ๐Advance demanded by firms against fabrication contracts, turn-key contracts, etc.
| Recipient | Ceiling |
|---|---|
| Private firms | 30% of the contract value |
| State or Central Government agency or PSU | 40% of the contract value |
| Maintenance contracts | Amount should not exceed the amount payable for 6 months under the contract |
- โ๏ธMinistries or Departments may relax these ceilings (including the 30% for private firms) in consultation with their Financial Advisers.
- ๐While making any advance payment, adequate safeguards in the form of bank guarantee etc. shall be obtained from the firm.
- ๐Depending on the terms of delivery incorporated in a contract, part payment to the supplier may be released after it dispatches the goods from its premises in terms of the contract.
- ๐GeM tiers: โคโน50,000 (any seller) ยท โน50,000โโน10L (lowest among โฅ3 manufacturers) ยท >โน10L (online bidding/reverse auction mandatory) (R.149)
- ๐Annual Procurement Plan on GeM portal within 30 days of Budget approval (R.149)
- ๐Supplier registration period: 1โ3 years depending on nature of goods (R.150)
- ๐Debarment: Mandatory conviction โ up to 3 years (DoE maintains list on CPPP) ยท Code of Integrity breach โ up to 2 years (Ministry maintains list on website) (R.151)
- ๐Handloom textiles: At least 20% mandatory from KVIC/Handloom Clusters (R.153)
- ๐Purchase without quotation: โคโน50,000 ยท Personal satisfaction certificate by competent authority (R.154)
- ๐Purchase Committee: Above โน50,000 to โน5,00,000 ยท 3-member Local Purchase Committee (R.155)
- ๐5 procurement methods: Advertised Tender ยท Limited Tender ยท Two-Stage Bidding ยท Single Tender ยท Electronic Reverse Auction (R.158)
- ๐E-Publishing exemptions (national security): Secretary + FA concurrence ยท Quarterly statistics to DoE (R.159)
- ๐Advertised Tender: โฅโน50 lakhs ยท Min 3 weeks for bid submission (4 weeks if foreign bids) ยท No GTE for tenders โคโน200 crore (R.161)
- ๐Limited Tender: Up to โน50 lakhs ยท More than 3 firms ยท Unsolicited bids not accepted (R.162)
- ๐Single Tender: 3 circumstances: sole manufacturer / emergency / standardisation of spares ยท Proprietary Article Certificate for (i) & (iii) (R.166)
- ๐Bidding document: 7 chapters (R.168)
- ๐Bid Security: 2%โ5% of estimated value ยท Exempted: MSEs, registered suppliers, DPIIT Startups ยท Valid 45 days beyond bid validity ยท Returned by 30th day after contract award (R.170)
- ๐Performance Security: 3%โ5% (goods/consultancy/non-consultancy) ยท 3%โ10% (works) ยท Valid 60 days beyond completion + warranty (R.171)
- ๐Advance payment: 30% (private firms) ยท 40% (Govt agency/PSU) ยท 6 months (maintenance contracts) ยท Bank guarantee/safeguards mandatory (R.172)
- ๐ฏAll Government purchases should be made in a transparent, competitive and fair manner to secure best value for money and enable prospective bidders to formulate competitive bids with confidence.
- (i)Bidding document must be self-contained and comprehensive without ambiguities. Essential elements to include:
- ๐(a) Description, specifications, quantity, time and place of delivery
- ๐(b) Eligibility and qualification criteria (experience, technical capability, financial position, etc.)
- ๐(c) Eligibility criteria for goods (legal restrictions, origin conditions)
- ๐(d) Procedure, date, time and place for sending bids
- ๐(e) Date, time and place of bid opening
- ๐(f) Criteria for evaluation of bids
- ๐(g) Special terms affecting performance
- ๐(h) Essential terms of the procurement contract
- ๐(i) Clause that NIL charges/consideration bid = unresponsive, not to be considered
- ๐Note: Prior turnover and prior experience conditions may be relaxed for Startups (DIPP-defined), subject to quality and technical specifications
- (iii)Modification to bidding document:
- ๐(a) Material modifications/clarifications must be published/communicated in the same manner as the original
- ๐(b) If clarification/modification is issued, time limit for bid submission must be extended if more time is required
- ๐(c) Bidders who submitted against original invitation may modify, re-submit or withdraw their bid within the (extended) time if modification materially affects essential terms. The last submitted or modified bid shall be considered for evaluation
- (iv)Suitable provision to enable bidder to question the bidding conditions, process and/or rejection of its bid. Reasons for rejecting a tender or non-issuance of tender document must be disclosed on enquiry.
- (v)Provision for settlement of disputes arising from the resultant contract to be kept in the bidding document.
- (vi)Bidding document to clearly state that the resultant contract will be interpreted under Indian Laws.
- (vii)Bidders should be given reasonable time to prepare and send their bids.
- (viii)Bids should be opened in public and authorised representatives of bidders shall be permitted to attend bid opening.
- (ix)Specifications should be clearly stated without ambiguity and should be broad-based to the extent feasible to attract sufficient bidders.
- (x)Pre-bid conference: Suitable provision to be kept for one or more rounds of pre-bid conference for turn-key contracts, sophisticated/costly equipment or wherever felt necessary. Date, time, place to be indicated in bidding document (sufficiently ahead of bid opening). Records of conference to be intimated to all bidders and exhibited on website(s).
- (xi)Responsiveness criteria for evaluation: (a) Time of delivery ยท (b) Performance/efficiency/environmental characteristics ยท (c) Terms of payment and guarantees ยท (d) Price ยท (e) Cost of operating, maintaining and repairing
- (xii)Bids must be evaluated in terms of conditions already in the bidding document. No new condition to be brought in during evaluation. Responsiveness determined based on contents of the bid itself without recourse to extrinsic evidence.
- (xiii)Bidders shall not be permitted to alter or modify their bids after expiry of the deadline for receipt of bids.
- (xiv)Post-bid negotiation must be severely discouraged. In exceptional circumstances (ad-hoc procurement, unavoidable circumstances), price negotiation may be resorted to only with the lowest evaluated responsive bidder.
- (xvi)Contract should ordinarily be awarded to the lowest evaluated bidder whose bid is responsive and who is eligible and qualified. Where the lowest acceptable bidder for ad-hoc requirement cannot supply the full quantity, the remaining quantity shall, as far as possible, be ordered from the next higher responsive bidder at the rates offered by the lowest.
- (xvii)Energy Efficient Electrical Appliances: Ministries/Departments while procuring electrical appliances notified by DoE shall ensure they carry the notified threshold or higher Star Rating of BEE (Bureau of Energy Efficiency).
- (xviii)Name of the successful bidder shall be mentioned on GeM-CPPP, Ministry/Department website and notice board or bulletin.
- (xix)Rejection of all bids is justified when:
- ๐(a) Effective competition is lacking
- ๐(b) All bids/proposals are not substantially responsive to procurement document requirements
- ๐(c) Bid prices are substantially higher than updated cost estimate or available budget
- ๐(d) None of the technical proposals meets the minimum technical qualifying score
- (xx)Lack of competition [under (xix)] shall not be determined solely on the basis of the number of bidders. Even if only one bid is submitted, the process may be considered valid if: (a) procurement was satisfactorily advertised with sufficient time ยท (b) qualification criteria were not unduly restrictive ยท (c) prices are reasonable compared to market values.
- (xxi)When a limited or open tender results in only one effective offer, it shall be treated as a single tender contract.
- (xxii)In a Purchase Committee where estimated value of procurement exceeds โน50 lakhs, no member of the purchase committee should report directly to any other member of that committee. โ >โน50L โ no direct reporting relationship
- โฑ๏ธ(i) To reduce delay, appropriate time frame for each stage of procurement should be prescribed by the Ministry or Department.
- ๐(ii) To minimise time for decision-making and contract placement, every Ministry/Department, with the approval of the competent authority, may delegate appropriate purchasing powers to lower functionaries wherever necessary.
- ๐ (iii) Ministries/Departments should ensure placement of contract within the original validity of the bids. Extension of bid validity must be discouraged and resorted to only in exceptional circumstances.
- โ๏ธSub-rule (1): No official of a procuring entity or a bidder shall act in contravention of the Code, which includes:
- (a)Bribery โ making offer, solicitation or acceptance of bribe, reward, gift or any material benefit (directly or indirectly) in exchange for unfair advantage or to influence the procurement process
- (b)Misrepresentation โ any omission or misrepresentation that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation avoided
- (c)Collusion / Bid rigging โ any collusion, bid rigging or anticompetitive behaviour that may impair transparency, fairness and progress of the procurement process
- (d)Improper use of information โ improper use of information provided by the procuring entity to the bidder for gaining unfair advantage or for personal gain
- (e)Conflict transactions โ any financial or business transactions between the bidder and any official of the procuring entity related to the tender or execution of contract, which can affect the decision of the procuring entity directly or indirectly
- (f)Coercion / threat โ any coercion or threat to impair or harm, directly or indirectly, any party or its property to influence the procurement process
- (g)Obstruction โ obstruction of any investigation or auditing of a procurement process
- (h)False declaration โ making false declaration or providing false information for participation in a tender process or to secure a contract
- ๐ขSub-rule (1)(ii): Disclosure of conflict of interest is mandatory.
- ๐ขSub-rule (1)(iii): Bidder must disclose any previous transgressions of sub-clause (i) with any entity in any country during the last 3 years, or of being debarred by any other procuring entity. โ 3-year lookback
- โ๏ธSub-rule (2): The procuring entity, after giving a reasonable opportunity of being heard, may take appropriate measures if it concludes that a bidder or prospective bidder has contravened the code of integrity.
- ๐When it is decided, with the approval of the competent authority, to replace an existing old item with a new and better version, the department may trade the existing old item while purchasing the new one.
- ๐A suitable clause shall be incorporated in the bidding document so that prospective bidders can formulate their bids accordingly. The time and mode of handing over the old item to the successful bidder shall be decided based on its value and condition.
- ๐The bidding document should also provide suitable provision to enable the purchaser to either trade or not trade the item while purchasing the new one (option kept open).
| Type | Nature | Examples |
|---|---|---|
| Consulting Services | Primarily non-physical, project-specific, intellectual and procedural processes where outcomes/deliverables vary from one consultant to another ยท Does NOT include direct engagement of a retired Government servant | Management consultants, policy consultants, communications consultants, feasibility studies, project management, engineering services, finance/accounting/taxation services, training and development |
| Non-Consulting Services | Involve physical, measurable deliverables/outcomes where performance standards can be clearly identified and consistently applied | Maintenance, hiring of vehicles, building facilities management, security, photocopier service, janitor, office errand services, drilling, aerial photography, satellite imagery, mapping |
- ๐R.178: Ministries/Departments may hire external professionals, consultancy firms or consultants for a specific job, which is well defined in terms of content and time frame for its completion.
- โ R.180: Engagement of consultants may be resorted to in situations requiring high quality services for which the Ministry/Department does not have requisite expertise. Approval of the competent authority shall be obtained before engaging consultants.
- ๐R.181: Ministries/Departments should prepare in simple and concise language the requirement, objectives and scope of the assignment. Eligibility and prequalification criteria for consultants should also be identified at this stage.
- ๐ฐR.182: Ministry/Department should estimate reasonable expenditure by ascertaining prevalent market conditions and consulting other organisations engaged in similar activities.
- ๐Sub-rule (i) โ Estimated cost up to โน50 lakhs: Preparation of a long list of potential consultants may be done on the basis of formal or informal enquiries from other Ministries/Departments, Chambers of Commerce & Industry, Association of consultancy firms, etc.
- ๐ขSub-rule (ii) โ Estimated cost above โน50 lakhs: In addition to (i), an enquiry for seeking Expression of Interest (EOI) shall be published on GeM as well as GeM-CPPP (and own website). EOI should include: broad scope of work ยท inputs to be provided by Ministry ยท eligibility and prequalification criteria ยท consultant's past experience in similar work. Consultants may be asked for comments on objectives and scope. Adequate time shall be allowed. โ >โน50L โ EOI on GeM-CPPP
- ๐On the basis of responses received as per Rule 183, consultants meeting requirements should be short-listed. Number of short-listed consultants should not be less than three. โ Minimum 3
- 1๏ธโฃPrecise statement of objectives
- 2๏ธโฃOutline of the tasks to be carried out
- 3๏ธโฃSchedule for completion of tasks
- 4๏ธโฃThe support or inputs to be provided by the Ministry/Department to facilitate the consultancy
- 5๏ธโฃThe final outputs that will be required of the Consultant
- ๐RFP is the document used by the Ministry/Department for obtaining offers from consultants. Issued to short-listed consultants to seek their technical and financial proposals. RFP should contain:
- 1๏ธโฃA Letter of Invitation
- 2๏ธโฃInformation to Consultants regarding procedure for submission of proposal
- 3๏ธโฃTerms of Reference (TOR)
- 4๏ธโฃEligibility and pre-qualification criteria (if not ascertained through EOI)
- 5๏ธโฃList of key positions whose CV and experience would be evaluated
- 6๏ธโฃBid evaluation criteria and selection procedure
- 7๏ธโฃStandard formats for technical and financial proposal
- 8๏ธโฃProposed contract terms
- 9๏ธโฃProcedure for mid-term review of progress and review of the final draft report
- โ๏ธR.187 โ Receipt and Opening: Proposals to be asked in Two-bid system โ technical and financial bids sealed separately, both placed in a bigger sealed envelope. On receipt, technical proposals opened first at the specified date, time and place.
- โR.188 โ Late Bids: Not to be considered.
- ๐R.189 โ Technical Evaluation: Technical bids analysed and evaluated by a Consultancy Evaluation Committee (CEC) constituted by the Ministry/Department. CEC shall record in detail the reasons for acceptance or rejection of technical proposals.
- ๐ฐR.190 โ Financial Evaluation: Financial bids opened only for bidders declared technically qualified by the CEC (per Rule 189) โ for further analysis, evaluation, ranking and selection of the successful bidder.
- ๐The basis of selection of the consultant shall follow any of the methods given in Rules 192 to 194 as appropriate for the circumstances in each case.
- 1๏ธโฃQuality and Cost Based Selection (QCBS) โ Rule 192
- 2๏ธโฃLeast Cost System (LCS) โ Rule 193
- 3๏ธโฃSingle Source Selection / Consultancy by Nomination โ Rule 194
- ๐ฏUsed where quality of consultancy is of prime concern.
- ๐Step 1: Quality of technical proposals scored as per criteria announced in the RFP. Only responsive proposals achieving at least the minimum specified qualifying score in technical quality are considered further.
- ๐Step 2: Financial proposals of technically qualified bidders are opened and scored. A final combined score is arrived at by giving predefined relative weightages to technical score and financial score.
- ๐RFP shall specify the minimum qualifying score for technical quality and the relative weightages to be given to quality and cost (determined per case, e.g. 70:30, 60:40, 50:50). Proposal with the highest weighted combined score shall be selected.
- โ ๏ธThe weightage of technical (non-financial) parameters shall in no case exceed 80%. โ Technical weight โค80%
- ๐Appropriate for assignments of a standard or routine nature (such as audits and engineering design of non-complex works) where well-established methodologies, practices and standards exist.
- ๐ฐUnlike QCBS, there is no weightage for technical score in the final evaluation. The responsive technically qualified proposal with the lowest evaluated cost shall be selected.
- ๐Selection by direct negotiation/nomination (on lines of Single Tender for goods) is appropriate only under exceptional circumstances:
- 1๏ธโฃ(i) Tasks that represent a natural continuation of previous work carried out by the firm
- 2๏ธโฃ(ii) In case of emergency, natural disasters, or where timely completion is of utmost importance
- 3๏ธโฃ(iii) Execution involves proprietary techniques or only one consultant has the requisite expertise
- 4๏ธโฃ(iv) Under special circumstances where adequate justification is available in the overall interest of the Ministry/Department โ full justification recorded in file + competent authority approval before resorting to single-source selection
- 5๏ธโฃ(v) A procedure must be in place to ensure: fairness and equity ยท prices are reasonable and consistent with market rates for similar tasks ยท required consultancy services are not split into smaller procurements
- ๐๏ธThe Ministry/Department should be involved throughout in the conduct of consultancy, preferably by taking a task force approach and continuously monitoring the performance of the consultant(s) so that the output is in line with the Ministry/Department's objectives.
- ๐จDesign competition shall be conducted in a transparent, fair and objective manner with wide publicity to ensure information is accessible to all possible participants.
- ๐Publication on the Ministry/Department website as well as on GeM-CPPP is required. If selection is by a jury of experts nominated for the purpose, the composition of the jury may also be notified.
- ๐Non-Consulting Services involve physical, measurable deliverables/outcomes where performance standards can be clearly identified and consistently applied โ other than goods or works (except those incidental to the service).
- ๐งExamples: Maintenance ยท Hiring of vehicles ยท Building facilities management ยท Security ยท Photocopier service ยท Janitor ยท Office errand services ยท Drilling ยท Aerial photography ยท Satellite imagery ยท Mapping
- ๐A Ministry or Department may procure certain non-consulting services in the interest of economy and efficiency and may prescribe detailed instructions and procedures for this purpose, without contravening the basic guidelines in Rules 198โ206.
- ๐Ministry/Department should prepare a list of likely and potential contractors on the basis of formal or informal enquiries from other Ministries/Departments and organisations involved in similar activities, scrutiny of Yellow Pages, trade journals, websites, etc.
- ๐Ministry/Department should prepare a tender enquiry containing, inter alia:
- 1๏ธโฃDetails of the work or service to be performed by the contractor
- 2๏ธโฃThe facilities and inputs to be provided to the contractor by the Ministry/Department
- 3๏ธโฃEligibility and qualification criteria to be met by the contractor
- 4๏ธโฃThe statutory and contractual obligations to be complied with by the contractor
- ๐Sub-rule (i) โ Up to โน50 lakhs: Scrutinise the preliminary list of contractors (Rule 199), decide prima facie eligible and capable contractors, and issue Limited Tender Enquiry to them. Number of contractors for LTE shall be more than three. โ >3 contractors
- ๐ขSub-rule (ii) โ Above โน50 lakhs: Issue advertisement on GeM as well as GeM-CPPP (and own website). Advertisement must give complete web address for downloading bidding documents. โ >โน50L โ GeM + GeM-CPPP
- โLate bids (received after the specified date and time) shall not be considered.
- ๐The Ministry/Department should evaluate, segregate, rank the responsive bids and select the successful bidder for placement of the contract.
- ๐Should it become necessary in an exceptional situation to procure a non-consulting service from a specifically chosen contractor, the Competent Authority in the Ministry/Department may do so in consultation with the Financial Adviser.
- ๐In such cases, the detailed justification, circumstances leading to such procurement by choice, and the special interest or purpose it shall serve, shall form an integral part of the proposal.
- ๐๏ธThe Ministry/Department should be involved throughout in the conduct of the contract and continuously monitor the performance of the contractor.
- ๐Any circumstances not covered in Rules 198โ205 for procurement of non-consulting services shall be governed by Rules 142 to 176 (pertaining to procurement of goods) and not the rules pertaining to procurement of consulting services.
- ๐NIL bid = unresponsive, not to be considered (R.173(i))
- ๐Prior turnover/experience relaxable for DIPP-recognised Startups (R.173(i))
- ๐Post-bid negotiation severely discouraged; if unavoidable (ad-hoc), only with lowest evaluated responsive bidder (R.173(xiv))
- ๐One effective offer in open/limited tender = treated as single tender contract (R.173(xxi))
- ๐Purchase Committee with value >โน50 lakhs: No member shall directly report to another member of the same committee (R.173(xxii))
- ๐Code of Integrity โ 8 prohibited acts ยท Prior transgressions disclosure for last 3 years (R.175)
- ๐Consulting EOI published on GeM-CPPP when estimated cost is above โน50 lakhs (R.183)
- ๐Short-listed consultants: minimum 3 (R.184)
- ๐TOR: 5 elements (R.185) ยท RFP: 9 contents (R.186)
- ๐CEC (Consultancy Evaluation Committee) โ evaluates technical bids and must record detailed reasons for acceptance/rejection (R.189)
- ๐3 consultancy selection methods: QCBS ยท LCS ยท Single Source / Nomination (R.191โ194)
- ๐QCBS: Technical weightage shall not exceed 80% (R.192)
- ๐LCS: No technical weightage in final score; lowest cost among technically qualified = selected (R.193)
- ๐Single Source consultancy: 5 circumstances ยท Full justification on file ยท Competent authority approval (R.194)
- ๐Non-consulting services: LTE for โคโน50L (>3 contractors) ยท Open tender/GeM-CPPP for >โน50L (R.201)
- ๐Nomination for non-consulting: Competent Authority + FA consultation ยท Justification integral part of proposal (R.204)
- ๐Residual gaps in non-consulting rules: governed by R.142โ176 (goods rules), NOT consulting rules (R.206)
| Rule No. | Rule Title | Key Point |
|---|---|---|
| Rule 207 | Scope and Application | Basic rules for all Ministries/Depts ยท Detailed instructions may be prescribed in conformity with this chapter |
| Rule 208 | Receipt from Private Suppliers | Count/measure/weigh + visual inspection at receipt ยท Technical inspection where required ยท Entry in stock register (IT-based preferred) ยท Officer's certificate of receipt |
| Rule 209 | Receipt/Issue from Internal Divisions | Indent in prescribed form ยท Examine/count at receipt ยท Written/online acknowledgement mandatory ยท Materials to contractor โ cost particulars & recovery rates acknowledged ยท Partial supply with note in indent copy |
| Rule 210 | Custody of Goods | Safe custody arrangements ยท Proper storage ยท Temperature, dust-free environment etc. for valuable/combustible articles |
| Rule 211 | Lists and Accounts โ GFR Forms | Item-wise lists and accounts ยท Check actual vs book balances at any time ยท GFR-22 (Fixed Assets) ยท GFR-23 (Consumables) ยท GFR-18 (Library Books) ยท GFR-24 (Historical/Artistic Assets) |
| Rule 212 | Hiring Out of Fixed Assets | Proper record of assets ยท Hire charges recovered regularly ยท Charges based on historical cost |
| Rule 213 | Physical Verification | Fixed assets: at least once a year ยท Consumables: at least once a year ยท In presence of custody officer ยท Certificate of verification in stock register ยท Discrepancies โ R.33โ38 |
| Rule 214 | Buffer Stock | Optimum buffer stock determined by competent authority ยท Item in stock >1 year = generally surplus ยท Deal as per R.217 |
| Rule 215 | Physical Verification of Library Books | โค20,000 vol: yearly ยท 20,001โ50,000 vol: once in 3 years ยท >50,000 vol: sample verification every 3 years ยท Loss of 5 per 1,000 volumes issued = reasonable ยท Book >โน1,000 or rare books โ investigated |
| Rule 216 | Transfer of Charge | Goods handed over to successor correctly ยท Statement signed by both relieving and relieved officer ยท Each retains a copy |
| Rule 217 | Disposal of Goods | Declare surplus/obsolete/unserviceable with recorded reasons ยท Committee may be constituted ยท Book value/guiding/reserved price worked out ยท Form GFR-10 ยท Negligence โ fix responsibility ยท Hazardous waste per MoEF guidelines |
| Rule 218 | Modes of Disposal | Residual value >โน4 lakh โ advertised tender or public auction ยท <โน4 lakh โ competent authority decides ยท Hazardous/expired items โ destroy immediately ยท Security items โ destroy per official secrets rules |
| Rule 219 | Disposal through Advertised Tender | 8-step process ยท Bid security = 10% of assessed/reserved price ยท Highest responsive bidder accepted ยท Negotiation only with that bidder ยท Full payment before release ยท Default โ forfeit bid security + re-sale at defaulter's risk & cost |
| Rule 220 | Disposal through Auction | Direct or through approved auctioneers ยท Wide publicity ยท Earnest money โฅ25% of bid value immediately on acceptance ยท Balance before handing over ยท IFW officer must be on auction team |
| Rule 221 | Disposal at Scrap Value / Other Modes | If tender and auction both fail โ scrap value with Finance division concurrence ยท If unsold even at scrap โ any mode including eco-friendly destruction |
| Rule 222 | Sale Account | Sale account in Form GFR-11 ยท Signed by officer who supervised the sale/auction |
| Rule 223 | Write-off of Losses | Formal sanction from competent authority mandatory even if no account adjustment ยท Powers under DFPR ยท Losses due to depreciation: 4 heads ยท Losses not due to depreciation: 5 heads |
- ๐This chapter contains the basic rules applicable to all Ministries or Departments regarding inventory management.
- ๐Detailed instructions and procedures relating to inventory management may be prescribed by various Ministries or Departments broadly in conformity with the basic rules contained in this chapter.
- ๐(i) The officer-in-charge of stores should refer to the relevant contract terms and follow the prescribed procedure for receiving materials.
- โ๏ธ(ii) All materials shall be counted, measured or weighed and subjected to visual inspection at the time of receipt to ensure:
- โ Quantities are correct
- โ Quality is according to required specifications
- โ No damage or deficiency in the materials
- ๐(iii) Details of material received shall be entered in the appropriate stock register, preferably in an IT-based system. The officer-in-charge of stores should certify that he has actually received the material and recorded it in the appropriate stock registers.
- ๐(i) Receiving from internal divisions: The indenting officer shall project an indent in the prescribed form. On receipt, he shall examine, count, measure or weigh materials and provide an appropriate receipt to the sending division.
- โ๏ธ(ii) Issue from stock for departmental use: The officer-in-charge of stores shall ensure an indent in the prescribed form has been projected. A written/online acknowledgement of receipt shall be obtained from the indenting officer or his authorised representative at the time of issue.
- ๐๏ธ(iii) Issue to contractor (cost recoverable): All relevant particulars โ including recovery rates and total value chargeable to the contractor โ should be got acknowledged from the contractor, duly signed and dated. โ Exam point
- ๐(iv) Partial supply: If unable to comply with the indent in full, the officer-in-charge should make supply to the extent available and make a suitable entry in the indentor's copy of the indent. If alternatives are available, a suitable indication may be made in the document.
- ๐The officer-in-charge of stores having custody of goods and materials โ especially valuable and/or combustible articles โ shall take appropriate steps for:
- ๐Safe custody
- ๐Proper storage accommodation
- ๐Arrangements for maintaining required temperature, dust-free environment, etc.
- ๐(i) The officer-in-charge shall maintain suitable item-wise lists and accounts and prepare accurate returns in respect of goods and materials in his charge, making it possible at any point of time to check actual balances with book balances.
| Category | Examples | Form |
|---|---|---|
| Fixed Assets | Plant, machinery, equipment, furniture, fixtures | GFR-22 |
| Consumables | Office stationery, chemicals, maintenance spare parts | GFR-23 |
| Library Books | Books held in government libraries | GFR-18 |
| Historical / Artistic Assets | Assets held by museums/govt. departments | GFR-24 |
- ๐When a fixed asset is hired to local bodies, contractors or others, proper record should be kept of the assets.
- ๐ฐHire and other charges as determined under rules prescribed by the competent authority shall be recovered regularly.
- ๐Calculation of charges shall be based on the historical cost of the asset. โญ Historical cost basis
- ๐ญThe inventory for fixed assets shall ordinarily be maintained at site.
- ๐ Fixed assets should be verified at least once in a year and the outcome of verification recorded in the corresponding register. โ Once a year
- ๐Discrepancies, if any, shall be promptly investigated and brought to account.
- ๐ฆA physical verification of all consumable goods and materials should be undertaken at least once in a year and discrepancies shall be recorded in the stock register for appropriate action by the competent authority.
- 1๏ธโฃVerification shall always be made in the presence of the officer responsible for custody of the inventory being verified.
- 2๏ธโฃA certificate of verification along with the findings shall be recorded in the stock register.
- 3๏ธโฃDiscrepancies including shortages, damages and unserviceable goods identified during verification shall immediately be brought to the notice of the competent authority for action in accordance with Rules 33 to 38 (Loss reporting and responsibility).
- ๐Depending on the frequency of requirement, quantity thereof, and pattern of supply of a consumable material, optimum buffer stock should be determined by the competent authority.
| Library Size (Volumes) | Type of Verification | Frequency |
|---|---|---|
| Up to 20,000 | Complete verification | Every year |
| 20,001 โ 50,000 | Complete verification | At least once in 3 years |
| More than 50,000 | Sample verification | Intervals โค 3 years |
- โ ๏ธIn case sample verification reveals unusual or unreasonable shortages, complete verification shall be done.
- ๐Loss of five volumes per one thousand volumes of books issued/consulted in a year may be taken as reasonable โ provided such losses are not attributable to dishonesty or negligence. โญ 5 per 1,000 = reasonable
- ๐However, loss of a book of value exceeding โน1,000 and rare books irrespective of value shall invariably be investigated and appropriate action taken. โ โน1,000 threshold
- ๐In case of transfer of Officer-in-charge of the goods, materials, etc., the transferred officer shall see that the goods or materials are made over correctly to his successor.
- ๐A statement giving all relevant details of the goods/materials in question shall be prepared and signed with date by both the relieving officer and the relieved officer.
- ๐Each of these officers will retain a copy of the signed statement.
- ๐(i) An item may be declared surplus or obsolete or unserviceable if it is of no use to the Ministry or Department. Reasons for declaring the item surplus/obsolete/unserviceable should be recorded by the authority competent to purchase the item.
- ๐ฅ(ii) The competent authority may constitute a committee at appropriate level to declare items as surplus/obsolete/unserviceable.
- ๐ฐ(iii) The book value, guiding price and reserved price should be worked out before disposal. Where book value is not possible to work out, the original purchase price may be utilised. A report of stores for disposal shall be prepared in Form GFR-10.
- โ๏ธ(iv) If an item becomes unserviceable due to negligence, fraud or mischief on the part of a government servant, responsibility for the same should be fixed.
- โ ๏ธ(v) Hazardous waste/Scrap Batteries/E-waste: Scrap lots comprising hazardous waste, batteries, etc. shall be sold keeping in view the guidelines of the Ministry of Environment & Forest. Prospective bidders must hold valid registration as recycler/preprocessor agency on the date of e-Auction and delivery.
| Residual Value | Mode of Disposal |
|---|---|
| Above โน4 lakh | Advertised tender OR Public auction (mandatory) |
| Below โน4 lakh | Mode determined by competent authority (to avoid accumulation & deterioration) |
| Hazardous / expired items (expired medicines, food grain, ammunition) | โ ๏ธ Dispose / Destroy immediately โ to avoid health hazard, environmental pollution and misuse |
| Security-sensitive items (currency, stamps, receipt books, negotiable instruments) | Dispose / Destroy per official secrets rules and financial prudence |
- 1๏ธโฃPreparation of bidding documents
- 2๏ธโฃInvitation of tender for the surplus goods to be sold
- 3๏ธโฃOpening of bids
- 4๏ธโฃAnalysis and evaluation of bids received
- 5๏ธโฃSelection of highest responsive bidder
- 6๏ธโฃCollection of sale value from the selected bidder
- 7๏ธโฃIssue of sale release order to the selected bidder
- 8๏ธโฃRelease of sold surplus goods to the selected bidder ยท Return of bid security to unsuccessful bidders
- ๐ฃTransparency, competition, fairness, elimination of discretion are the basic principles. Wide publicity of the sale plan is mandatory.
- ๐Bidding documents must indicate the location and present condition of goods so bidders can inspect before bidding.
- ๐ฐBid security = ordinarily 10% of the assessed or reserved price. The exact amount must be stated in the bidding document. โ 10% bid security
- ๐Highest acceptable responsive bidder shall normally be accepted. Negotiation is permissible only with that bidder. If negotiation fails, the reasonable price may be counter-offered to the next highest responsive bidder(s).
- ๐ฆIf the total quantity cannot be taken by the highest acceptable bidder, the remaining quantity may be offered to the next higher bidder(s) at the price offered by the highest acceptable bidder.
- ๐ณFull payment (residual amount after adjusting bid security) shall be obtained from the successful bidder before releasing the goods.
- โ ๏ธDefault by selected bidder: Bid security shall be forfeited and the goods re-sold at the risk and cost of the defaulter after obtaining legal advice.
- โฐLate bids i.e. bids received after the specified date and time of receipt shall not be considered.
- ๐จA Ministry or Department may undertake auction of goods either directly or through approved auctioneers.
- ๐ฃThe basic principles are the same as for advertised tender โ transparency, competition, fairness and elimination of discretion. The auction plan must be widely publicised.
- ๐คAt the start of the auction, the condition and location of goods, terms and conditions of sale shall be announced again for the benefit of assembled bidders.
- ๐ฐOn acceptance of a bid, earnest money of not less than 25% of the bid value shall be taken immediately on the spot from the successful bidder โ in cash or by Deposit-at-Call-Receipt (DACR) in favour of the Ministry/Department. โ 25% earnest money at auction
- ๐ฆGoods shall be handed over to the successful bidder only after receiving the balance payment.
- ๐ฅThe composition of the auction team shall be decided by the competent authority. The team must include an officer of the Internal Finance Wing of the department. โญ IFW officer mandatory
- ๐Advertised Tender: Bid security = 10% of assessed/reserved price
- ๐Auction: Earnest money = โฅ 25% of bid value, collected on the spot
- ๐๏ธIf a Ministry or Department is unable to sell any surplus/obsolete/unserviceable item despite attempts through both advertised tender and auction, it may dispose of the same at its scrap value with the approval of the competent authority in consultation with Finance division.
- โป๏ธIf unable to sell even at scrap value, it may adopt any other mode of disposal including destruction of the item in an eco-friendly manner.
- 1๏ธโฃAdvertised Tender / Auction (if residual value > โน4 lakh) โ R.218โ220
- 2๏ธโฃIf both fail โ Scrap value with competent authority approval + Finance concurrence โ R.221
- 3๏ธโฃIf still unsold โ Any other mode including eco-friendly destruction โ R.221
- ๐A sale account should be prepared for goods disposed of in Form GFR-11, duly signed by the officer who supervised the sale or auction.
- ๐All profits and losses due to revaluation, stock-taking or other causes shall be duly recorded and adjusted where necessary.
- โ ๏ธFormal sanction of the competent authority shall be obtained in respect of losses, even though no formal correction or adjustment in Government accounts is involved.
- ๐Powers to write off losses are available under the Delegation of Financial Powers Rules (DFPR).
- 1๏ธโฃNormal fluctuation of market prices
- 2๏ธโฃNormal wear and tear
- 3๏ธโฃLack of foresight in regulating purchases
- 4๏ธโฃNegligence after purchase
- 1๏ธโฃLosses due to theft or fraud
- 2๏ธโฃLosses due to neglect
- 3๏ธโฃAnticipated losses on account of obsolescence of stores or purchases in excess of requirements
- 4๏ธโฃLosses due to damage
- 5๏ธโฃLosses due to extraordinary situations under 'Force Majeure' conditions โ fire, flood, enemy action, etc.
- ๐GFR-22 โ Fixed Assets ยท GFR-23 โ Consumables ยท GFR-18 โ Library Books ยท GFR-24 โ Historical/Artistic Assets (R.211)
- ๐At least once a year โ Physical verification of fixed assets and consumables (R.213)
- ๐> 1 year in stock โ Generally treated as surplus (R.214)
- ๐Library books โ โค20,000: yearly ยท 20,001โ50,000: once in 3 years ยท >50,000: sample every 3 years (R.215)
- ๐5 per 1,000 volumes issued โ Reasonable loss in libraries ยท Book >โน1,000 or rare book โ investigate (R.215)
- ๐โน4 lakh threshold โ Above โ advertised tender or auction mandatory ยท Below โ competent authority decides (R.218)
- ๐Bid security = 10% of assessed/reserved price (advertised tender) (R.219)
- ๐Earnest money โฅ 25% of bid value collected on the spot (auction) (R.220)
- ๐GFR-10 โ Report of stores for disposal ยท GFR-11 โ Sale account (R.217, R.222)
- ๐IFW officer mandatory in auction team (R.220)
- ๐4 heads of depreciation losses ยท 5 heads of non-depreciation losses (R.223)
| Rule No. | Rule Title | Key Point |
|---|---|---|
| Rule 224 | Authority to Make Contracts | Art.299(1) ยท Empowered by or under orders of the President ยท Executed "for and on behalf of the President of India" ยท Powers under DFPR Rule 11 |
| Rule 225 | General Principles for Contracts (19 sub-clauses) | Precise terms ยท Standard forms ยท Legal & financial advice ยท Purchase orders โคโน2.5L ยท Contract document for works/purchases โฅโน10L ยท Execution within 21 days of LoA ยท Cost plus to be avoided ยท Price variation only for delivery >18 months ยท LD clause mandatory ยท Warranty clause mandatory ยท No claim after 3 years ยท Copies of contracts โฅโน25L to Audit/Accounts |
| Rule 226 | Management of Contracts | Strict monitoring ยท Prompt notices on breach ยท Monthly review of BGs expiring in 3 months ยท Extensions of BGs sought immediately |
| Rule 227 | Legal Advice on Disputes | Legal advice before conciliation/arbitration/suit ยท Draft plaint vetted by legal & financial advice ยท Documents scrutinised to safeguard Govt. interest |
| Rule 227A | Arbitration Awards | If award challenged โ Ministry pays 75% of award against Bank Guarantee ยท May be into Escrow Account ยท Used first for lenders' dues, then project completion, then other projects |
- โ๏ธAll contracts shall be made by an authority empowered to do so by or under the orders of the President in terms of Article 299(1) of the Constitution of India.
- ๐๏ธAll contracts and assurances of property made in the exercise of the executive power of the Union shall be executed on behalf of the President.
- ๐The words "for and on behalf of the President of India" should follow the designation appended below the signature of the authorised officer. โ Exact wording required
- โ๏ธArticle 299(1): All contracts made in exercise of executive power of the Union shall be expressed to be made by the President and executed by persons authorised by the President.
- ๐Classes of contracts and assurances of property are specified in Notifications issued by the Ministry of Law.
- ๐Powers, conditions and general procedure are laid down in Rule 11 of the DFPR.
- ๐The terms of contract must be precise, definite and without any ambiguities. The terms should not involve an uncertain or indefinite liability, except in the case of a cost plus contract or where there is a price variation clause.
- ๐Standard forms of contracts should be adopted wherever possible, with such modifications as are considered necessary for individual contracts. Modifications should be carried out only after obtaining financial and legal advice.
- โ๏ธWhere standard forms are not used, legal and financial advice should be taken in drafting the clauses.
| Value / Type | Document Required |
|---|---|
| Purchases โค โน2.5 lakh | Simple Purchase Order with basic terms and conditions |
| Works contracts or Purchases โน1 lakh โ โน10 lakhs (with GCC + SCC in tender docs) | Letter of Acceptance creates binding contract |
| Works โฅ โน10 lakhs or Purchases > โน10 lakhs | Full Contract Document with all necessary clauses (self-contained) ยท Or simple one-page contract attaching GCC, SCC, specifications, offer, LoA |
| Turnkey works / Maintenance agreements / Service provision | Contract document invariably executed |
- โNo work of any kind should be commenced without proper execution of an agreement as given in the foregoing provisions.
- โCost plus contracts should ordinarily be avoided. Where unavoidable, full justification shall be recorded before entering into the contract.
- ๐Where such contracts continue over a long duration, efforts should be made to convert future contracts to a firm price basis after allowing a reasonable period for the supplier/contractor to stabilise their production/execution methods.
- ๐กA contract in which the price payable is determined on the basis of actual cost of production + profit โ either at a fixed rate per unit or at a fixed percentage on actual cost of production.
- ๐ (a) PVC can be provided only in long-term contracts where the delivery period extends beyond 18 months. Short-term contracts must have firm and fixed prices. โ >18 months only
- ๐(a) The price agreed upon should specify the base level (month and year) to which the price is linked, to enable calculation of variations.
- ๐(b) A formula for calculation of price variations between the Base Level and Scheduled Delivery Date should be included. Variations are calculated using indices published by Governments or Chambers of Commerce (Appendix-11).
- โ๏ธ(c) PVC should specify cut-off dates for material and labour, as these taper off well before Scheduled Delivery Dates.
- ๐(d) PVC should provide for a ceiling on price variations โ either a percentage per annum, an overall ceiling, or both. Buyer must ensure benefit of any price reduction is also passed on.
- ๐(e) PVC should stipulate a minimum percentage of variation above which price adjustments are admissible (e.g., if increase is below 2%, no price adjustment in favour of supplier).
- ๐ณ(f) Where advance or stage payments are made, no price variations will be admissible on such portions after the dates of such payment.
- โ๏ธ(g) Where deliveries are accepted beyond Scheduled Delivery Date subject to liquidated damages, LD (if a percentage of price) will be applicable on the price as varied by the PVC.
- โ(h) No price variation admissible beyond the original Scheduled Delivery Date for defaults on the part of the supplier.
- โ (i) Price variation may be allowed beyond the original Scheduled Delivery Date only by formal amendment to the contract in cases of Force Majeure or defaults by Government.
- ๐(j) For imported goods (subject to customs duty and foreign exchange fluctuations), the percentage of duties and taxes included in the price and the selling rate of foreign exchange taken into account should be specifically stated. Mode of calculation and documents to be produced in support of claims should also be stipulated.
- ๐ฐ(k) The clause should contain the mode and terms of payment of the price variation admissible.
- ๐ฐContracts should include provision for payment of all applicable taxes by the contractor or supplier.
- โLump sum contracts should not be entered into except in cases of absolute necessity. Where unavoidable, full justification shall be recorded. The contracting authority should ensure adequate safeguards for Government interest.
- โDepartmental issue of materials should be avoided as far as possible. Where decided, a schedule of quantities with issue rates of such material should form an essential part of the contract.
- ๐(a) Where Government property is entrusted to a contractor (for use on payment of hire charges or for further work on such property), the contract must include specific provision for:
- ๐Safeguarding Government property (including insurance cover)
- ๐Recovery of hire charges regularly
- ๐(b) Provision shall be made for periodical physical verification of the number and physical condition of the items at the contractor's premises. Results shall be recorded and penal action taken where necessary.
- โ(a) The terms of a contract โ including the scope and specification โ once entered into, should not be materially varied.
- ๐(b) Where material variation becomes unavoidable, the financial and other effects shall be examined, recorded and specific approval of the authority competent to approve the revised commitments shall be obtained before varying the conditions.
- โ๏ธ(c) All such changes should be in the form of a formal amendment to the contract duly signed by all parties.
- ๐ Normally no extensions of scheduled delivery or completion dates shall be granted except where Force Majeure events have occurred or the contract itself contains such a provision. Extensions shall be allowed through formal amendments to the contract duly signed by the parties.
- ๐งA warranty clause should be incorporated in every contract, requiring the supplier to โ without charge โ repair or rectify defective goods or replace such goods with similar goods free from defect. Any goods repaired or replaced shall be delivered at the buyer's premises without costs to the buyer.
- โAll contracts for supply of goods should reserve the right of Government to reject goods which do not conform to the specifications.
- โฐNo claim for payment from the contractor shall be entertained after the lapse of three years of arising of the claim. โ 3-year limit
- ๐(i) Implementation of the contract should be strictly monitored and notices issued promptly whenever a breach of provisions occurs.
- ๐ฆ(ii) Proper procedure for safe custody and monitoring of Bank Guarantees (BGs) or other instruments should be laid down. Monitoring should include:
- ๐ A monthly review of all BGs or other instruments expiring after three months, along with a review of the progress of supply or work. โ Monthly review of BGs expiring in 3 months
- โกExtensions of BGs or other instruments, where warranted, should be sought immediately.
- โ๏ธWherever disputes arise during implementation of a contract, legal advice should be sought before:
- ๐Initiating action to refer the dispute to conciliation and/or arbitration as provided in the contract, or
- ๐Filing a suit where the contract does not include an arbitration clause.
- ๐The draft of the plaint for arbitration should be got vetted by obtaining legal and financial advice.
- ๐Documents to be filed in resolution of disputes should be carefully scrutinised before filing to safeguard Government interest.
- โ๏ธIn cases where the Ministry/Department has challenged an arbitral award and the amount has therefore not been paid, 75% of the arbitral award (which may include interest up to date of the award) shall be paid by the Ministry/Department to the contractor/concessionaire against a Bank Guarantee. โ 75% against BG
- ๐The BG shall only be for the 75% of the arbitral award โ not for the interest which may become payable to the Ministry/Department should a subsequent court order require refund of the said amount.
- ๐ฆThe payment may be made into a designated Escrow Account with the stipulation that the proceeds will be used in the following priority order:
- 1๏ธโฃPayment of lenders' dues
- 2๏ธโฃCompletion of the project
- 3๏ธโฃCompletion of other projects of the same Ministry/Department as mutually agreed/decided
- โ Any balance remaining after settlement of lenders' dues and project completion may be allowed to be used by the contractor/concessionaire with the prior approval of the lead banker and the Ministry/Department.
- ๐If otherwise eligible and subject to contractual provisions, retention money and other amounts withheld may also be released against Bank Guarantee.
- ๐กRule 227A strikes a balance between the contractor's right to receive payment awarded by the arbitrator and the Government's right to challenge the award in court. The 25% withheld protects Government in case the award is partially or fully set aside. The Bank Guarantee protects the Government's right to recover the 75% if the award is overturned.
- ๐Art. 299(1) โ Constitutional authority for contracts ยท "for and on behalf of the President of India" (R.224)
- ๐โค โน2.5 lakh โ Purchase order sufficient (R.225(iv)(a))
- ๐โน1Lโโน10L โ Letter of Acceptance = binding contract (with GCC/SCC) (R.225(iv)(b))
- ๐โฅ โน10 lakh โ Full contract document required (R.225(iv)(c))
- ๐21 days โ Contract must be executed after Letter of Acceptance ยท Default โ LoA annulled + EMD forfeited (R.225(vi))
- ๐> 18 months delivery โ Price Variation Clause permissible only for long-term contracts (R.225(viii)(a))
- ๐โน25 lakh and above โ Copies of contracts sent to Audit/Accounts Officer (R.225(xiii))
- ๐3 years โ Time limit for contractor's claims after arising of claim (R.225(xix))
- ๐Monthly review of BGs expiring in 3 months (R.226)
- ๐75% of arbitral award to be paid against Bank Guarantee when award is challenged (R.227A)
- ๐Escrow Account priority: Lenders' dues โ Project completion โ Other projects (R.227A)
| Rule No. | Subject | Key Point |
|---|---|---|
| I. GRANTS-IN-AID (Rules 228โ245) | ||
| Rule 228 | Who Can Receive Grants-in-Aid โ Six Categories | Autonomous Organisations (statute/society/trust) ยท Voluntary Orgs/NGOs ยท Educational institutions (scholarships) ยท Urban/Rural local self-govt bodies ยท Co-operative societies ยท Govt servants' social/sports clubs |
| Rule 229 | Principles for Setting Up Autonomous Organisations โ Twelve Guidelines | No new autonomous body without Cabinet approval ยท No body-created bodies without appraisal ยท Regional offices with Admin Ministry + MoF concurrence ยท Corpus Fund from budget: MoF prior concurrence ยท User charges reviewed at least once a year ยท MoU mandatory if budgetary support >โน5 crore per annum ยท Peer review every 3 or 5 years ยท Findings to be considered before further releases |
| Rule 230(1) | Procedure for Award of Grants-in-Aid | Application with Articles of Association, audited accounts, sources of income/expenditure ยท Certification: no duplicate grant from other Ministry/Dept or State Govt |
| Rule 230(2) | Anti-Duplication List | Each Ministry/Dept to maintain list of grantee institutions with amount and purpose ยท Details to be on website |
| Rule 230(3) | Viable Schemes Required | Grants only on basis of viable, specific schemes with quantified/qualitative targets ยท CFA (reimbursement basis): no UC required |
| Rule 230(4) | Recurring vs Non-Recurring Grants | Recurring = periodic to same org for same purpose ยท Non-recurring = one-time ยท Every sanction order to specify recurring/non-recurring, object, conditions, and time limit for spending |
| Rule 230(5) | Capital and Revenue Accounts | Central Autonomous Orgs must account for capital and revenue separately ยท MoF standard formats mandatory |
| Rule 230(6) | Internal Resources Generation | Grants authority should consider setting targets for internal resource generation, especially for recurring grants |
| Rule 230(7) | Unspent Balances โ Just-in-Time Release | Unspent balance from previous grant taken into account before sanctioning subsequent grant ยท PFMS portal used to check bank balance before each release ยท Cash balance preferably not more than 3 months' requirement ยท Just-in-time release principle |
| Rule 230(8) | Interest Earnings on Grants | All interest or other earnings on grants/advances (other than reimbursement) must be mandatorily remitted to Consolidated Fund of India immediately after finalisation of accounts ยท Not adjustable against future releases |
| Rule 230(9) | Disposal of Assets Acquired from Grants | Assets acquired wholly or substantially from Govt grants shall not be disposed of without prior approval of the grant-sanctioning authority (except assets declared obsolete/unserviceable/condemned per GFR) |
| Rule 230(10) | Instalment Release Conditions | Last instalment conditional on reasonable evidence of proper utilisation of earlier instalments ยท CFA: full evidence of objectives + audited statement โ released in one instalment ยท No UC for CFA cases |
| Rule 230(11) | Budget Estimates Timeline | Institutions to submit requirement by end of September of preceding year ยท Ministry to inform outcome by April of succeeding year |
| Rule 230(12) | Service Conditions of Grantee Employees | If >50% recurring expenditure from grants: service terms of employees not higher than Central Govt employees (relaxation with MoF consultation) ยท Should use market pension/insurance/loan schemes |
| Rule 230(13) | Buildings Constructed with Grants | Sanctioning authority decides whether ownership vests with Govt or grantee ยท If Govt-owned: grantee occupies as lessee ยท Maintenance responsibility always with grantee |
| Rule 230(14)โ(16) | Miscellaneous Grant Conditions | (14) Special conditions incorporated in Articles of Association/bye-laws before release ยท (15) Grants may cover expenditure incurred not earlier than 2 years prior to date of sanction ยท (16) Refund of unutilised amount with interest to be clearly stated in sanction letter and bond |
| Rule 230(17) | SC/ST/OBC Reservation Clause | Mandatory reservation clause for bodies with: >20 regular employees + โฅ50% recurring expenditure from Central grants + registered society/co-operative receiving โฅโน20 lakhs general purpose annual grant from CFI |
| Rule 231(1) | Grants to Voluntary Organisations | Grant for admin expenditure: must not exceed 25% of approved pay and allowances of personnel ยท Private institutions: not ordinarily sanctioned; exceptional cases with Internal Finance Wing concurrence |
| Rule 231(2) | Execution of Bond | Executive Committee members to execute bonds jointly and severally ยท Breach โ refund entire/part grant with 10% interest per annum ยท Stamp duty borne by Government |
| Rule 231(3) | Bond Not Required | Quasi-Government Institutions ยท Central Autonomous Organisations ยท Institutions whose budget is approved by Govt |
| Rule 232 | Centrally Sponsored Schemes โ Eight Principles | Time-bound quantifiable targets ยท Designed in consultation with States ยท Convergence of overlapping schemes ยท Restrict number of schemes ยท PFMS for fund release and monitoring ยท Focus on outcomes not expenditure ยท Concurrent monitoring built into scheme ยท Post-completion review by States with copy to Ministry |
| Rule 233 | Funding of Sponsored Projects (R&D) | Projects to Universities/IITs/ICAR/CSIR/ICMR etc. ยท Funds NOT treated as grants-in-aid by implementing agency ยท Ownership of physical and intellectual assets vests in sponsor ยท On completion: assets returned/sold/retained as decided by Ministry ยท Proceeds of sale credited to sponsoring Dept |
| Rule 234 | Register of Grants | Register in Form GFR-21 ยท Columns (i)โ(v) filled at time of sanction, attested by Gazetted Officer ยท Serial number noted on body of sanction ยท No bill signed unless noted in Register ยท Guards against double payment |
| Rule 235 | Accounts of Grantee Institutions | All grantee institutions (irrespective of amount) to maintain subsidiary accounts and furnish audited statements to Accounts Officer after utilisation or whenever called for |
| Rule 236(1) | Audit โ Open to CAG and Internal Audit | Accounts open to sanctioning authority inspection + CAG audit (under CAG DPC Act 1971) + internal audit by Principal Accounts Office ยท Provision to this effect must be in every grant sanction order |
| Rule 236(2) | CAG Audit Thresholds | Section 14: grants/loans in a FY โฅโน25 lakhs AND โฅ75% of total expenditure โ CAG audit mandatory ยท OR grants/loans โฅโน1 crore โ CAG audit ยท Once CAG audits, continues for 2 further years even if conditions not fulfilled |
| Rule 237 | Time Schedule for Annual Accounts | Accounts available for audit: 30th June ยท Final SAR with audit certificate: 31st October ยท Annual Report + Audited Accounts to Nodal Ministry for Parliament: 31st December |
| Rule 238(1) | Utilisation Certificate โ Non-Recurring Grants | Form GFR 12-A ยท Submitted within 12 months of closure of financial year ยท Output-based (not input-based) performance assessment ยท Non-submission โ Ministry may blacklist from future grants/subsidies |
| Rule 238(2) | Utilisation Certificate โ Recurring Grants | Next FY release only after provisional UC for preceding FY ยท Release exceeding 75% of total sanctioned for next FY only after UC + annual audited statement submitted to satisfaction of Ministry |
| Rule 238(3)โ(4) | UC Exceptions and Special Disclosure | (3) UC not required for grants/CFA on reimbursement basis (audited accounts submitted) ยท (4) Central Autonomous Orgs UC to separately disclose: funds given to stores suppliers, construction agencies, staff loans โ treated as unutilised grants carried forward |
| Rule 238(5)โ(6) | Parliament Reporting Thresholds | Recurring: โน10Lโโน50L โ statement in Annual Report ยท โฅโน50L โ Annual Report and Accounts laid on table of Parliament within 9 months ยท Non-recurring: โน10Lโโน5Cr โ statement in Annual Report ยท โฅโน5Cr โ laid on table within 9 months |
| Rule 239โ241 | State Govt and DBT Utilisation Certificates | R.239: UC in Form GFR 12-C countersigned by Administrative Secretary/Finance Secretary ยท R.240: State Govt furnishes UC when funds routed through local bodies/private institutions ยท R.241: DBT schemes โ bank/NPCI deposit intimation treated as UC |
| Rule 242 | Performance/Achievement Reports | Submitted within 6 months of close of FY ยท Not required for: non-recurring grants (anniversaries, tours, maintenance) ยท For recurring grants โคโน25 lakhs: sanctioning authority may dispense ยท Autonomous Orgs โฅโน2 crore: laid on Parliament table ยท โฅโน50L recurring / โฅโน5Cr non-recurring: full review in Annual Report |
| Rule 243 | Discretionary Grants | Regulated by general/special orders of competent authority ยท Must be non-recurring ยท Must not involve future commitment |
| Rule 244 | Other Grants | Grants to States and others not covered by foregoing rules โ under special orders of Government |
| Rule 245 | Grants for Govt Employees' Welfare (Staff Clubs) | โน50 per head per annum + matching grant up to โน25 per head per annum ยท Based on strength as on 31st March of previous FY ยท One-time grant for setting up Recreation Club: โน50,000 maximum ยท Accounts audited by Internal Auditor โ submitted by 30th April ยท Staff contingencies/work-charged excluded from calculation |
- ๐As a general principle, Grants-in-aid can be given to a person or a public body or an institution having a distinct legal entity. Grants-in-aid including scholarships may be sanctioned by an authority competent to do so under the DFPR to:
- (a)Autonomous Organisations set up under a specific statute or as a society registered under the Societies Registration Act, 1860 or Indian Trusts Act, 1882 or other statutes
- (b)Voluntary Organisations / NGOs carrying out activities which promote the welfare schemes and programmes of the Government โ selected on the basis of well-defined criteria regarding financial and other resources, credibility and type of activities undertaken
- (c)Educational and other institutions by way of scholarships or stipends to students
- (d)Urban and Rural local self-government institutions
- (e)Co-operative societies
- (f)Societies or clubs set up by Government servants to promote amongst themselves social, cultural and sports activities as recreational avenues
- (i)No new autonomous institution shall be created by Ministries/Departments without the approval of the Cabinet. โ Cabinet approval mandatory
- (ii)No new autonomous institution shall be created by an Autonomous Body itself without going through the appraisal/approval process. However, Regional Centres/Offices/Sub-Stations of any autonomous body may be created with prior approval of the Administrative Ministry in consultation with MoF.
- (iii)Stringent criteria to be followed. Ministry shall examine: (a) whether activities are necessary at all; (b) whether they need to be done through a new autonomous body or can be performed by an existing Govt agency or organisation.
- (iv)All autonomous organisations should be encouraged to maximise internal resources and eventually attain self-sufficiency.
- (v)Corpus Fund from budgetary allocation: requires prior concurrence of MoF. From internal accruals: requires approval of the Administrative Ministry.
- (vi)User charges to be reviewed by the Governing Body at least once a year and information communicated to the Administrative Ministry โ preferably before formulation of Union Annual Budget. โ At least once a year
- (vii)All Autonomous Bodies shall maintain database relating to grants, income, expenditure, investment, assets and employee strength in format prescribed by DoE, MoF.
- (viii)Financial advice: Every autonomous organisation shall designate an officer at appropriate level to render financial advice, whose concurrence shall be obtained for sanction and incurring of expenditure. The CEO of the Autonomous Body is responsible for overall financial management.
- (ix)Peer review every 3 or 5 years depending on size and nature of activity โ responsibility of the concerned administrative division. Review shall focus on: (a) whether objectives are being achieved ยท (b) whether activities should be continued ยท (c) whether they need to be done by an autonomous body ยท (d) scope for merger/winding up ยท (e) whether staff complement is at a minimum ยท (f) whether user charges are levied appropriately ยท (g) scope for maximising internal resource generation. โ 3 or 5 years
- (x)Outstanding internationally acclaimed organisations may be granted greater autonomy and flexibility in recruitment and financial rules.
- (xi)Autonomous bodies with budgetary support of more than โน5 crore per annum shall be required to enter into a Memorandum of Understanding (MoU) with the Administrative Ministry/Department spelling out performance parameters, output targets in measurable units and commensurate input requirements. โ >โน5 crore โ MoU mandatory
- (xii)Findings of peer review shall be examined by the Secretary of the Administrative Department. Further releases (after 3 or 5 years) shall be made conditional on conduct and decisions on the findings of such peer review.
- ๐Any institution seeking Grants-in-aid must submit an application including: Articles of Association, bye-laws, audited statement of accounts, sources and pattern of income and expenditure, enabling the sanctioning authority to assess suitability.
- โ The institution must certify that it has not obtained or applied for grants for the same purpose from any other Ministry/Department of GoI or State Government. โ Non-duplication certificate mandatory
- ๐Each Ministry/Department shall maintain a list of institutions along with details of amount and purpose of grants given to them, to obviate duplication. These details shall also be made available on the website of the Ministry/Department.
- ๐Award of grants shall be considered only on the basis of viable and specific schemes drawn up in sufficient detail, disclosing specific quantified and qualitative targets against the outlay.
- โ Central Financial Assistance (CFA) โ where grants are given as reimbursement of expenditure already incurred on an approved project โ shall be treated as CFA and no Utilisation Certificate shall be required in such reimbursement cases.
- ๐Recurring Grant: Released periodically to the same organisation for the same purpose.
- 1๏ธโฃNon-Recurring Grant: One-time release for a special purpose (may be released in instalments).
- ๐Every order sanctioning a grant shall:
- ๐Indicate whether it is recurring or non-recurring
- ๐Specify clearly the object for which it is given
- ๐Specify all general and special conditions, if any
- ๐For non-recurring grants: also specify the time limit within which the grant or each instalment is to be spent
- ๐R.230(5): Central Autonomous Organisations shall account for capital and revenue expenditure separately. All grant-sanctioning authorities shall enforce the condition of maintaining and presenting annual accounts in the standard formats prescribed by MoF.
- ๐ฐR.230(6): Grant-sanctioning authorities shall not only consider internally generated resources while regulating grants, but should consider laying down targets for internal resource generation by grantee institutions โ particularly where grants are given on a recurring basis every year.
- ๐ปWhen recurring grants are sanctioned for the same purpose, the unspent balance of the previous grant shall be taken into account in sanctioning the subsequent grant. The PFMS portal shall be used to know the bank balance of recipients before making each release.
- 1๏ธโฃCash balance at any time should preferably not be more than 3 months of requirements. โ โค3 months cash balance
- 2๏ธโฃFunds released as per actual requirements. Sanction may precede the release of funds, though its validity may be limited to that financial year.
- ๐ฐAll interests or other earnings against grants-in-aid or advances (other than reimbursement) released to any grantee institution shall be mandatorily remitted to the Consolidated Fund of India immediately after finalisation of accounts. โ Mandatory remittance to CFI
- โSuch advances shall not be allowed to be adjusted against future releases.
- ๐๏ธAssets acquired wholly or substantially out of Government Grants (in Non-Govt or Quasi-Govt institutions) shall not be disposed of without obtaining the prior approval of the grant-sanctioning authority.
- โ Exception: Assets declared as obsolete, unserviceable or condemned in accordance with GFR procedure.
- ๐The sanctioning authority may prescribe conditions regarding quantum and periodicity for release of grants in instalments in consultation with the Financial Adviser.
- โ ๏ธThe release of the last instalment of the Annual Grant must be conditional upon the grantee providing reasonable evidence of proper utilisation of earlier instalments.
- ๐CFA (Central Financial Assistance) cases: Grant released in one instalment upon providing complete evidence of achieving specified objectives and audited statement of expenditure. No UC required in CFA cases.
- ๐ Institutions desiring grants shall submit their requirements with supporting details by the end of September of the year preceding the year for which the grant is sought.
- ๐ The Ministry/Department shall finalise examination with utmost expedition and inform the institution of the result of their requests by April of the succeeding year.
- ๐ฅR.230(12): Where grantee receives >50% recurring expenditure from grants: employee service terms shall not be higher than Central Govt employees (relaxation with MoF consultation). Should use market pension/insurance/loan schemes.
- ๐ขR.230(13): Sanctioning authority decides whether ownership of buildings constructed with grants vests with Govt or grantee. If Govt-owned, grantee occupies as lessee. Maintenance is always the grantee's responsibility.
- ๐R.230(14): Special terms to be incorporated in Articles of Association or bye-laws before release.
- ๐ R.230(15): Grants may cover expenditure incurred not earlier than 2 years prior to the date of issue of sanction. โ 2-year look-back
- ๐ฐR.230(16): Refund of unutilised amount with interest thereon must be clearly stated in the sanction letter and in the bond.
- โญR.230(17) โ SC/ST/OBC Reservation Clause: Mandatory where: (a) recipient employs >20 persons on regular basis AND โฅ50% recurring expenditure from Central grants; AND (b) registered society or co-operative receiving general purpose annual grant of โน20 lakhs and above from CFI. โ >20 employees + โฅโน20L grant โ SC/ST/OBC clause mandatory
- ๐R.231(1) โ Ceiling: Grant for administrative expenditure to voluntary organisations shall not exceed 25% of approved pay and allowances of the personnel of the voluntary organisation. Grants to meet admin expenditure of private institutions (other than voluntary orgs) shall not ordinarily be sanctioned; exceptional cases require Internal Finance Wing concurrence. โ Max 25% of approved pay and allowances
- ๐Before a grant is released, members of the Executive Committee shall execute bonds in prescribed format binding themselves jointly and severally to:
- 1๏ธโฃAbide by the conditions of the grant and target dates, if any
- 2๏ธโฃNot divert the grant or entrust execution of the scheme to another institution/organisation
- 3๏ธโฃAbide by any other conditions specified in the agreement
- 4๏ธโฃIn event of breach: jointly and severally liable to refund the whole or part of the grant with interest at 10% per annum. Stamp duty borne by Government.
- โ R.231(3) โ Bond not required for: Quasi-Government Institutions ยท Central Autonomous Organisations ยท Institutions whose budget is approved by Government.
- 1๏ธโฃEvery CSS shall have time-bound quantifiable and measurable outcome targets with provisions for periodic monitoring, mid-term evaluation and detailed impact studies
- 2๏ธโฃDesigned in consultation with States and UTs. States may change details to suit local conditions subject to reporting to the concerned Ministry/Department
- 3๏ธโฃSchemes with similar objectives targeting the same population should be converged
- 4๏ธโฃNumber of schemes should be restricted to maximise gain. Central Ministries' role: capacity building, inter-sectoral coordination and detailed monitoring
- 5๏ธโฃRelease of funds to States and monitoring through PFMS. Before further releases, ensure earlier funds effectively utilised and State capacity to spend is adequate
- 6๏ธโฃFocus on attainment of objectives, not on expenditure. Mechanism to avoid release of large part of funds towards year-end to be built into scheme design
- 7๏ธโฃConcurrent monitoring and evaluation mechanism to be built into the scheme. Periodic review for mid-course corrections
- 8๏ธโฃPost-completion review by State Governments/UTs implementing the scheme โ highlighting time and cost overruns and suggestions for future schemes. Copy to be obtained by the Ministry
- ๐ฌMinistries/Departments may sponsor projects to Universities, IITs, and Autonomous Organisations such as ICAR, CSIR, ICMR, etc., whose results are expected to be in national interest. Normally the entire expenditure including capital expenditure is funded by the Ministry/Department.
- ๐Funds for such projects are NOT treated as grants-in-aid in the books of the implementing agency.
- ๐Ownership of physical and intellectual assets created or acquired out of such funds shall vest in the sponsor. While ongoing, the recipient shall not treat such assets as their own assets but shall disclose their holding and use in the Notes to Accounts.
- ๐On completion: Ministry/Department shall communicate whether the assets should be returned, sold or retained by the implementing agency.
- ๐If sold: proceeds credited to the account of the sponsoring Department/Organisation
- ๐If retained: implementing agency includes assets at book value in their own accounts
- ๐Note: Scientific Departments are allowed to extend the provisions of Rule 233(i)&(ii) to private sector/NGOs commissioned to execute projects or schemes.
- ๐A Register of Grants shall be maintained by the sanctioning authority in Form GFR-21.
- โ๏ธColumns (i)โ(v) filled simultaneously with issue of the sanction order, attested by a nominated Gazetted Officer. The serial number shall be recorded on the body of the sanction.
- โ๏ธColumns (vi)โ(vii) filled and attested by the Gazetted Officer as soon as the bill is ready. Bill submitted to the DDO with the register for signing.
- โNo bill shall be signed unless it has been noted in the Register of Grants against the relevant sanction. This guards against double payment and facilitates watching of instalment payments.
- ๐Column (xiii) information used for regulating subsequent grants.
- ๐Institutions receiving grants shall, irrespective of the amount involved, be required to:
- ๐Maintain subsidiary accounts of the Government grant
- ๐Furnish to the Accounts Officer a set of audited statement of accounts after utilisation of the grants or whenever called for
- ๐R.236(1): Accounts of all grantee institutions are open to inspection by the sanctioning authority and audit by both the CAG (under CAG DPC Act 1971) and internal audit by the Principal Accounts Office. A provision to this effect shall invariably be incorporated in all orders sanctioning grants-in-aid.
| Threshold | Condition | Effect |
|---|---|---|
| โฅโน25 lakhs AND โฅ75% of total expenditure | Grants/loans in a financial year meet both conditions | CAG audit under Section 14 of CAG DPC Act โ mandatory |
| โฅโน1 crore | Grants/loans in a financial year reach โน1 crore | CAG may also audit |
| Continuation | Once CAG audits in a FY | CAG shall continue to audit for a further period of 2 years even if conditions above are not fulfilled thereafter. โ 2 more years |
- ๐R.236(2)(ii) โ Section 15: CAG may scrutinise the procedures by which the sanctioning authority satisfies itself as to the fulfilment of conditions for grant-specific purposes, and has right of access to books and accounts of that institution (except foreign states/international bodies).
- ๐R.236(3): In all other cases, the institution shall get its accounts audited from Chartered Accountants of its own choice.
- ๐ฐR.236(4): Where CAG is the sole auditor for a local body or institution, auditing charges shall be payable by the auditee institution in full unless specifically waived by Government.
| Deadline | Activity |
|---|---|
| 30th June | Approved and authenticated annual accounts made available by Autonomous Body to the concerned Audit Office โ commencement of audit of annual accounts |
| 31st October | Issue of the final SAR (Statement of Audit Report) in English version with audit certificate to Autonomous Body/Government concerned |
| 31st December | Submission of Annual Report and Audited Accounts to the Nodal Ministry for laying on the Table of Parliament |
- ๐For non-recurring grants, a Utilisation Certificate in Form GFR 12-A shall be insisted upon in the sanction order.
- ๐The UC shall disclose whether specified, quantified and qualitative targets were actually reached โ it shall contain an output-based (not input-based) performance assessment.
- ๐ UC shall be submitted within 12 months of the closure of the financial year. โ 12 months
- โWhere UC is not received within the prescribed time, the Ministry/Department is at liberty to blacklist such institution from any future grant, subsidy or other financial support from Government.
- ๐For recurring grants, the next financial year release shall be made only after provisional UC for the preceding financial year is submitted.
- ๐Release of grants exceeding 75% of the total amount sanctioned for the subsequent FY shall be done only after the UC plus annual audited statement relating to the preceding year are submitted to the satisfaction of the Ministry/Department. โ 75% threshold โ UC + audited statement needed
- ๐Internal Audit reports, Inspection Reports from IAAD and quarterly performance reports shall also be considered while sanctioning further grants.
- ๐Scientific Departments special measure: Permitted to release subsequent grants-in-aid on receipt of UCs confirming utilisation of 75% of total value of previous grants.
- โ R.238(3) โ No UC required: For grants/CFA given as reimbursement of expenditure already incurred on the basis of duly audited accounts. Sanction letters shall clearly specify that UCs will not be necessary.
- ๐R.238(4) โ Central Autonomous Orgs UC: Shall separately disclose: annual expenditure incurred AND funds given to (a) suppliers of stores/assets (b) construction agencies (c) staff for house building/conveyance loans โ which do not constitute expenditure at that stage but are pending adjustment. Treated as unutilised grants allowed to be carried forward.
| Type | Amount Range | Requirement |
|---|---|---|
| Recurring | โน10L to <โน50L | Statement in Ministry's Annual Report |
| Recurring | โฅโน50L | Annual Report and Accounts laid on table of Parliament within 9 months |
| Non-Recurring (one-time) | โน10L to โน5Cr | Statement in Ministry's Annual Report |
| Non-Recurring (one-time) | โฅโน5Cr | Annual Report and Audited Accounts laid on table of Parliament within 9 months |
- ๐R.239 โ CSS Grants to States: UC in Form GFR 12-C submitted by the State Government, countersigned by the Administrative Secretary of the Division regulating the Scheme / Finance Secretary.
- ๐R.240 โ Grants through local bodies/private institutions: When Central grants are given to State Governments for expenditure to be incurred through local bodies or private institutions, the State Government concerned shall furnish the Utilisation Certificates.
- ๐ณR.241 โ DBT Schemes: For schemes covered under Direct Benefit Transfers where funds flow directly from Central Government to beneficiaries, the intimation from the bank / NPCI (Aadhaar Payment Bridge) regarding deposit of funds in beneficiaries' bank accounts shall be treated as a Utilisation Certificate. The Ministry/Department shall keep proper records of such direct releases.
- ๐R.242(1): Performance parameters should be clearly set to allow better oversight of Autonomous Bodies.
- ๐ R.242(2)(i): Grantee institutions shall submit performance-cum-achievement reports within 6 months of the close of the financial year. โ 6 months
- โ Performance reports NOT required for: Non-recurring grants (anniversaries, special tours, maintenance grants for education).
- ๐Recurring grants โคโน25 lakhs: Sanctioning authority may dispense with performance-cum-achievement reports (refer to UCs and other available information instead). โ โคโน25L โ may be dispensed
| Organisation / Amount | Requirement |
|---|---|
| Autonomous Orgs getting โฅโน2 crore | Annual Report + Audited Accounts laid on table of Parliament โ Ministry need not include performance-cum-achievement report in their own Annual Report |
| Autonomous Orgs getting <โน2 crore | All Departments to include in their Annual Report: statement showing quantum of funds and purpose of utilisation |
| Recurring: >โน10Lโ<โน50L / Non-recurring: >โน10Lโ<โน5Cr | Ministry's own assessment of achievements/performance of the institution to be included in Annual Report |
| Recurring: โฅโน50L / Non-recurring: โฅโน5Cr | Full individual review in Ministry Annual Report โ specifying achievements vis-ร -vis amount spent, purpose and destination of grants |
- ๐Expenditure from Discretionary Grants shall be regulated by general or special orders of the competent authority specifying the object and conditions applicable.
- ๐Such Discretionary Grants must be:
- ๐Non-recurring
- ๐Must not involve any future commitment
- ๐Grants, subventions, etc. โ including grants to States other than those dealt with in the foregoing rules โ shall be made under special orders of Government.
- ๐ Grants-in-aid for provision of amenities or recreational/welfare facilities to staff are regulated under orders of the Ministry of Home Affairs.
- ๐ฐBase rate: โน50 per head per annum
- ๐ฐMatching grant: Additional up to โน25 per head per annum to match subscriptions collected during the previous financial year by existing staff clubs (or collected up to date of proposal for new clubs)
- ๐ Eligible strength = strength as on 31st March of the previous financial year (or date of proposal for new clubs)
- โExcluded from calculation: Staff paid from contingencies ยท Work-charged staff ยท Staff eligible for similar concession under other rules/statutory provisions (e.g., industrial workers)
- ๐Grant-in-aid in respect of Gazetted Officers is admissible only to that Ministry/Department/Office where membership of recreation club is open to such officers
- ๐๏ธOne-time grant for setting up a Recreation Club: Maximum โน50,000 โ Max โน50,000
- ๐ Accounts of clubs for preceding year, duly audited by Internal Auditor, to be obtained by the Ministry/Department by 30th April before allocating funds for the next financial year. โ 30th April
- ๐Illustrative expenditure items from staff welfare grants include: sports equipment ยท uniforms for teams ยท magazines/periodicals ยท tournament entry fees ยท hiring of playgrounds/furniture ยท conveyance expenses ยท entertainments ยท prizes ยท film shows ยท hiring of accommodation ยท cultural/sports/physical development programmes ยท inter-Ministerial and inter-Departmental meets.
- ๐6 categories of eligible grantee recipients (R.228)
- ๐New autonomous body: Cabinet approval mandatory ยท Regional offices: Admin Ministry + MoF concurrence (R.229)
- ๐Corpus Fund from budget: MoF prior concurrence ยท from internal accruals: Admin Ministry approval (R.229(v))
- ๐User charges reviewed: at least once a year (R.229(vi))
- ๐Peer review: every 3 or 5 years depending on size and activity (R.229(ix))
- ๐MoU mandatory: budgetary support >โน5 crore per annum (R.229(xi))
- ๐Cash balance: preferably not more than 3 months of requirement (R.230(7))
- ๐Interest on grants: mandatorily remitted to Consolidated Fund of India (R.230(8))
- ๐Grants may cover expenditure not earlier than 2 years prior to sanction date (R.230(15))
- ๐SC/ST/OBC clause: >20 regular employees + โฅ50% recurring expenditure from grants + registered society receiving โฅโน20L general purpose annual grant from CFI (R.230(17))
- ๐Voluntary Org admin grant: max 25% of approved pay and allowances (R.231(1))
- ๐Bond breach: refund with interest at 10% per annum ยท stamp duty borne by Govt (R.231(2))
- ๐Bond NOT required: Quasi-Govt Institutions ยท Central Autonomous Orgs ยท Budget-approved Institutions (R.231(3))
- ๐CAG audit (S.14): grants โฅโน25L AND โฅ75% of total expenditure ยท OR โฅโน1 crore ยท Continues for 2 further years once triggered (R.236)
- ๐Annual accounts: 30 June (to audit) โ 31 Oct (SAR with certificate) โ 31 Dec (to Parliament) (R.237)
- ๐Non-recurring UC (Form GFR 12-A): within 12 months of FY closure ยท Non-submission โ blacklisting (R.238(1))
- ๐Recurring grants: >75% of subsequent FY release needs UC + audited statement (R.238(2))
- ๐Parliament table โ Recurring: โฅโน50L within 9 months ยท Non-recurring: โฅโน5Cr within 9 months (R.238(5)โ(6))
- ๐DBT UC: bank/NPCI deposit intimation = UC (R.241)
- ๐Performance report: within 6 months of FY close ยท May be dispensed for recurring โคโน25L (R.242)
- ๐Autonomous Orgs โฅโน2Cr: Annual Report and Audited Accounts laid on Parliament table (R.242)
- ๐Staff welfare: โน50/head/year + matching โน25/head/year ยท One-time club setup: โน50,000 max ยท Accounts by 30th April (R.245)
| Rule | Subject | Key Point |
|---|---|---|
| 246 | Applicability | State Govts, UTs, local bodies, foreign Govts (on State recommendation), Govt institutions and bodies |
| 247 | Powers and nodal division | DFPR powers ยท Budget Division, DEA, MoF = nodal division for terms and conditions |
| 248 | Certificate in sanction | Every sanction must certify compliance with MoF rules and MoF approval for interest rate and repayment period |
| 249 | Sanction terms | Must specify all terms ยท Modifications only for very special reasons + prior MoF concurrence |
| 250 | General conditions โ loans | Max 30 years ยท Annual instalments ยท Advance payment >14 days โ full interest ยท 31 March holiday exception ยท Notice Form GFR-19 one month before due date ยท Security โฅ33โ % above loan amount |
| 251 | Interest calculation | Interest for day of payment, not day of repayment ยท Days ร rate รท 365 (366 leap year) |
| 252 | Recovery and moratorium | Annual equal instalments ยท Moratorium may be allowed for principal but NOT for interest |
| 253 | Loans to State/UT/PSU | Normal rate ยท Concession = direct subsidy (not reduced rate) ยท Loan agreement with inspection clause ยท Form GFR-15 for wholly Govt-owned companies |
| 254 | Wholly Govt-owned companies | Undertaking in Form GFR-32 ยท Fixed assets not to be hypothecated without Govt approval ยท No stamp duty on undertaking |
| 255 | Security requirement | Security โฅ33โ % above loan amount ยท Competent authority may accept less for recorded reasons |
| 256 | Utilisation Certificates โ loans | Form GFR 12-B ยท Target date: 18 months from sanction ยท Consolidated UC: by September of second succeeding FY |
| 257 | Loan instalments | Each instalment = separate loan for interest/repayment ยท May be consolidated at FY end ยท Moratorium for principal allowed; NOT for interest |
| 258 | Default and penal interest | Penal rate โฅ normal + 2.5% p.a. ยท Default reported by Accounts Officer to sanctioning authority ยท Interest-free loans: default triggers normal rate |
| 259 | Irrecoverable loans | Write-off only with prior MoF approval |
| 260 | Accounts and control | Maintained by Accounts Officer ยท Recovery watched ยท Conditions monitored |
| 262 | Annual returns | Form GFR-13 ยท Each PAO submits by 30 September for position as on 31 March |
| 263 | Annual Assessment Report | FA submits to MoF by 30 June of each FY |
- ๐Rules 246โ263 shall be observed by all authorities competent to sanction loans of public moneys to: State Governments ยท Local Administrations of Union Territories ยท Local bodies ยท Foreign Governments (on specific recommendation of State Government) ยท Government institutions and other Government bodies.
- ๐Sub-rule (1): Powers of Departments and Administrators to sanction loans are given in the Delegation of Financial Powers Rules (DFPR) and other general and special orders.
- ๐๏ธSub-rule (2): Budget Division, Department of Economic Affairs, Ministry of Finance shall be the nodal division in MoF to finalise terms and conditions of loans by the Central Government. โ Budget Division, DEA = nodal
- ๐All sanctions of loans issued by a Department of Central Government or an Administrator of Union Territory shall include a certificate that: (a) the sanction is in accordance with rules or principles prescribed by the Ministry of Finance; and (b) the rate of interest on the loan and the period of repayment have been fixed with the approval of MoF.
- ๐Sub-rule (1): All loan sanctions shall be subject to DFPR and shall specify all terms and conditions including repayment terms and payment of interest.
- โ ๏ธSub-rule (2): Borrowers shall adhere strictly to the settled terms. Modifications can be made subsequently only for very special reasons and after seeking prior concurrence of Ministry of Finance. โ Modification โ prior MoF concurrence
Sub-rule (1) โ Eight General Conditions
- (i)A specific term shall be fixed โ as short as possible โ within which each loan must be fully repaid with interest. In very special cases, the term may extend to 30 years. โ Maximum: 30 years
- (ii)Term is calculated from the date on which the loan is completely drawn or declared closed by competent authority.
- (iii)Repayment shall be effected by instalments, ordinarily on annual basis, with due dates of payment specially prescribed.
- (iv)Early payment: If instalment is paid before its due date, it may be applied entirely to principal provided interest due up to the date of actual payment is also paid. If interest is not paid, amount is first adjusted towards interest, and only the balance towards principal. However, if payment is in advance by 14 days or less, interest for the full period (half-year or full year) shall be payable. โญ Advance โค14 days โ full period interest
- (v)Holiday rule: If due date falls on a Sunday or public holiday, payment on the next working day = payment on due date (no interest charged for the delay). Exception: If due date is 31st March and it is a public holiday, recovery shall be made on the immediately preceding working day. If RBI is closed on the due date, shifted to next working day, except when due date is 31st March.
- (vi)Payment of interest and repayment of principal are always to be made with reference to the calendar date of payment of the loan. For a loan sanctioned to a State on or before 31st March but adjusted in RBI books in April, the instalments shall fall due on 31st March of the succeeding year.
- (vii)Date of drawal by State Government: (a) Where monetary settlement is involved โ calendar date on which loan is actually credited by RBI to the State Government's account. Exception: credit in April in accounts of previous year โ deemed drawn on 31st March of that FY. (b) Where no monetary settlement (accounts offices only) โ last date of the month in which the adjustment is effected = date of drawal.
- (viii)Advance notice: PAO/Principal AO shall issue notices in Form GFR-19 to loanees (other than State/UT Govts), i.e. PSUs, statutory bodies, Govt institutions, approximately one month in advance of due date. However, omission to give notice does not exempt the loanee from consequences of default. โ Notice: 1 month before due date ยท Omission no excuse for default
Sub-rule (2) โ Loans to Private Institutions
- ๐Before sanctioning a loan to private institutions, the lending Ministry/Department shall examine the financial health and managerial ability of such institutions.
Sub-rule (3) โ Conditions Before Approving Loan to Non-State/UT Parties
- ๐(i) Pre-conditions: (a) Adequate budget provision must exist; (b) Grant of loan must be in accordance with approved Government policy and accepted patterns of assistance.
- ๐(ii) Information required from applicant:
- 1๏ธโฃProfit & Loss accounts / income & expenditure accounts and balance sheets for the last 3 years
- 2๏ธโฃMain sources of income and how the loan is proposed to be repaid within the stipulated period
- 3๏ธโฃSecurity proposed to be offered + independent valuation + certificate that the asset is not already encumbered
- 4๏ธโฃDetails of all previous Central/State Government loans (amount, purpose, rate, period, date, outstanding balance, security)
- 5๏ธโฃComplete list of all other outstanding loans and security against them
- 6๏ธโฃPurpose for which loan is proposed to be utilised and the economics of the scheme
- ๐(iii) On receipt of information, confidential enquiries shall be made from other Depts/State Govts from which the party has taken loans to judge past performance. If performance was unsatisfactory, the loan shall be refused. Security offered must be adequate and its value must be at least 33โ % above the amount of the loan. Independent valuation may be obtained if possible. Applicant must satisfy both financial soundness and adequacy of security. โ Security โฅ loan + 33โ %
- ๐(iv) For institutions receiving grants-in-aid to meet part of their deficits: (a) income earmarked for servicing the loan shall not be included in computing the deficit; (b) scheme should be self-financing as far as possible; (c) institution must produce an undertaking from the State Government or Management that any shortfall towards repayment shall be made good by it.
- ๐ (v) Ministries/Departments shall lay down a procedure for periodical review of old loans to take prompt action for enforcing regular payments.
Sub-rule (4) โ Local Bodies
- ๐Detailed procedure for loans to local bodies is regulated by the Local Authorities Loans Act and other special Acts and rules thereunder.
- ๐ฐSub-rule (1): Interest shall be charged at the rate prescribed by the Government for the particular loan or class of loans.
- ๐Sub-rule (2): A loan shall bear interest for the day of payment but not for the day of repayment. For any period shorter than a complete year:
- ๐Interest = (Number of days ร Yearly rate of interest) รท 365 (366 in a leap year)
- ๐Sub-rule (1): Instructions issued by MoF from time to time prescribing interest rates and other terms for loans to State/UT Govts, Local Bodies, Statutory Corporations, financial/industrial/commercial undertakings in Public Sector shall be strictly followed.
- ๐Sub-rule (2): Recovery shall ordinarily be effected in annual equal instalments of principal together with interest due on the outstanding principal. Instalments may be rounded off to nearest rupee, with final adjustment at the time of payment of the last instalment.
- โธ๏ธSub-rule (3): A suitable period of moratorium towards repayment of principal might be agreed to in individual cases. However, no moratorium shall ordinarily be allowed in respect of interest payable on loans. โ Moratorium: principal YES ยท interest NO
- ๐ฐSub-rule (1): Loans shall ordinarily be sanctioned at normal rates of interest prescribed by Government for the particular loanee category. If normal rate is considered too high and a concession is justified, it shall take the form of a direct subsidy debitable to the grants of the sanctioning authority โ not a reduced interest rate. In such cases, borrower pays interest at normal rates first and claims subsidy separately.
Sub-rule (2) โ Agreements and Documentation
- 1๏ธโฃFor parties other than State Governments and wholly Govt-owned Companies: A loan agreement specifying all terms and conditions shall be executed. A clause shall invariably be inserted enabling Government to call for accounts and depute an officer to inspect books at any time.
- 2๏ธโฃFor wholly Government-owned Companies: A written undertaking in Form GFR-15 shall be obtained before drawal. The sanction shall specifically state that such an undertaking would be obtained and the Drawing Officer shall record a certificate that it has been obtained. โ Form GFR-15 for wholly Govt-owned companies
- ๐For loans to wholly-owned Government Companies, a written undertaking that fixed assets of the company shall not be hypothecated without prior approval of the Government shall be obtained in Form GFR-32.
- โ No stamp duty need be paid on these written undertakings. โญ No stamp duty
- ๐Loans to parties other than State Governments, wholly-owned Government Companies and Local Administration of Union Territories shall be sanctioned only against adequate security. Security shall ordinarily be at least 33โ % (one-third) more than the amount of the loan.
- ๐A competent authority may accept security of less value for adequate reasons to be recorded.
Sub-rule (1) โ Primary Responsibility
- ๐Where conditions are attached to the utilisation of a loan, the authority competent to sanction the loan is primarily responsible for certifying to the Accounts Officer that the conditions have been fulfilled. Loans to State Governments and Local Administration of UTs are excluded from this rule.
Sub-rule (2) โ Key UC Provisions
- ๐(i) Form: UC shall be furnished in Form GFR 12-B at intervals agreed between the Audit/Accounts Officer and the Ministry/Department.
- ๐(ii) Mandatory UC: A Certificate of Utilisation shall be furnished to the Accounts Officer in every case of loan made for specific purposes, even if no conditions are specifically attached to the grant. Not required where loan is not for a specific purpose/object but is a temporary financial aid, or where loans to PSUs are for financing approved capital outlays.
- ๐(iii)/(iv): Where detailed accounts are maintained by Accounts Office โ UC for each individual case by sanctioning authority. Where accounts are maintained departmentally โ consolidated UC furnished to Audit by Ministries/Departments for total loans disbursed during each year (year-wise and object-wise break-up; sub-head-wise for Accounts Officer verification). Loans to individuals are excluded.
- ๐ (v) Target date: UCs shall be furnished within a reasonable time. Target date: not later than 18 months from the date of sanction of the loan. โ UC within 18 months of sanction
- ๐ (vi) Consolidated UC: Where accounts are maintained departmentally, the 18-month period shall be reckoned from the expiry of the financial year in which the loans are disbursed. Therefore, consolidated UCs in respect of loans paid each year shall be furnished not later than September of the second succeeding financial year. โ Consolidated UC by Sept of 2nd succeeding FY
- ๐ (vii): Due dates for UC submission shall be specified in the letter of sanction for loan. Extension only in very exceptional circumstances in consultation with MoF under intimation to Audit/Accounts Officer. No further loans shall be sanctioned unless the sanctioning authority is satisfied about proper utilisation of earlier loans.
- ๐When a loan is drawn in instalments, each instalment shall be treated as a separate loan for purposes of repayment of principal and payment of interest โ unless the various instalments drawn during a FY are consolidated into a single loan at the end of that FY.
- ๐ฐIn case of consolidation: simple interest at the prescribed rate on the various loan instalments from the date of drawal of each instalment to the date of their consolidation shall be separately payable by the borrower.
- ๐ Repayment and interest shall be arranged annually on or before the anniversary date of drawal or consolidation of the loan. Sanctioning authority may allow a moratorium towards repayment of principal โ but not for payment of interest.
- ๐If there is undue delay on the part of the debtor in taking out the last instalment, the sanctioning authority may at any time declare the loan closed and order repayment to begin. The Accounts Officer shall bring any such delay to notice.
Sub-rule (1) โ Penal Interest Rate
- ๐For State/UT Governments, wholly Govt-owned companies and PSUs: Loan sanctions/undertakings/agreements shall invariably include provision for levy of penal interest on overdue instalments.
- ๐For all other cases: Sanctions/agreements shall invariably stipulate a higher rate of interest with provision for a lower rate for punctual payments.
- โ ๏ธThe penal/higher rate of interest shall not, except under special orders of Government, be less than 2.5% per annum above the normal rate. โ Minimum penal rate = normal + 2.5% p.a.
Sub-rule (2) โ Reporting of Default
- ๐Any default in payment of interest or repayment of principal shall be promptly reported by the Accounts Officer to the authority which sanctioned the loan (only for loans whose detailed accounts are kept by that Accounts Officer).
Sub-rule (3) โ Interest-free and Concessional Rate Loans
- ๐(i) Interest-free loans (e.g., to technical educational institutions for hostels): Sanction letter shall provide that in the event of any default in repayment, interest at rates prescribed by Government will be chargeable.
- ๐(ii) Concessional rate loans: The concession (difference between normal and concessional rate) shall be made conditional upon prompt repayments of principal and interest.
- ๐(iii) Where subsidy is also provided along with interest-free loans, the sanction letter shall provide that in the event of default, the defaulted dues shall be recovered out of the subsidy payable.
Sub-rule (4) โ Action on Default
- ๐On receipt of a default report, the authority concerned shall immediately take steps to get the default remedied and consider enforcement of penal/higher rate of interest. Where the sanctioning authority is satisfied that penal/higher interest need not be recovered, the borrower shall ordinarily be asked to pay interest at the normal rate on the overdue amount from the due date to the date of settlement. Recovery of additional interest shall not be waived except in special circumstances or where the period of default is very short (e.g., a few days).
- ๐A competent authority, after prior approval of the Ministry of Finance, may remit or write off any loans owing to their irrecoverability or otherwise. โ Write-off of loans โ prior MoF approval
- ๐R.260: Detailed accounts of loans to Institutions and Organisations shall be maintained by the Accounts Officer who shall watch their recovery and see that the conditions attached to each loan are fulfilled (subject to directions of CAG).
- ๐R.261: The instructions in Chapter 9 relating to cost of audit of Grants-in-aid are applicable mutatis mutandis to loans as well.
- ๐ Each Principal Accounts Officer shall submit to the concerned Ministry/Department a statement in Form GFR-13 showing details of outstanding Central Loans borne on his books as on 31st March each year.
- ๐ This statement shall be submitted not later than the following 30th September. โ Form GFR-13 by 30 September
- ๐Statement shall indicate: aggregate outstanding balance of loans ยท details of defaults in repayment of principal and/or interest ยท earliest period to which the default pertains โ against each State/UT Government, foreign Government, Railways/Posts funds, Central PSUs and other Govt Institutions. Where detailed accounts are not maintained by the Accounts Office, the statement shall contain departmental authority-wise aggregate balances.
- ๐ Sub-rule (1): Administrative Ministries shall keep watch over the receipt of Annual Statements in Form GFR-20 from the Accounts Officer. They shall conduct a close review of defaults in repayment of principal and/or interest and take suitable measures for enforcing repayments. If statements not received in time, the Accounts Officer shall be reminded promptly. Ministries may also maintain centrally a list of all loan sanctions.
- ๐ Sub-rule (2) โ Annual Assessment Report: A copy of the Annual Assessment Report on status of all outstanding loans (including timely and accurate payment of principal and interest due) shall be submitted by the Financial Adviser of the Administrative Ministry to the Ministry of Finance by 30th June of each financial year. โ FA submits Annual Assessment Report to MoF by 30 June
- ๐Nodal division for loan terms: Budget Division, DEA, MoF (R.247)
- ๐Every sanction must certify MoF approval for interest rate and repayment period (R.248)
- ๐Modification to loan terms โ prior MoF concurrence (R.249)
- ๐Maximum loan term: 30 years (R.250(1)(i))
- ๐Early payment โค14 days before due date โ full period interest payable (R.250(1)(iv))
- ๐Due date on holiday โ next working day; except 31 March โ preceding working day (R.250(1)(v))
- ๐Advance notice to loanees: Form GFR-19, ~1 month before due date; omission no excuse (R.250(1)(viii))
- ๐Security for loans (non-State/UT/wholly Govt co.): โฅ33โ % above loan amount (R.255)
- ๐Concession on interest rate: take form of direct subsidy, not reduced rate (R.253(1))
- ๐Form GFR-15 โ undertaking for wholly Govt-owned companies (R.253(2))
- ๐Form GFR-32 โ no-hypothecation undertaking for wholly Govt-owned companies ยท No stamp duty (R.254)
- ๐Moratorium: may be allowed for principal only; not for interest (R.252(3), R.257)
- ๐Interest formula: Days ร Rate รท 365 (366 leap year) ยท Interest for day of payment, NOT day of repayment (R.251)
- ๐UC for loans: Form GFR 12-B ยท Target: 18 months from sanction ยท Consolidated UC: by September of 2nd succeeding FY (R.256)
- ๐No further loans until sanctioning authority is satisfied about proper utilisation of earlier loans (R.256(2)(vii))
- ๐Penal interest: minimum normal rate + 2.5% p.a. (R.258(1))
- ๐Default reported promptly by Accounts Officer to sanctioning authority (R.258(2))
- ๐Write-off of irrecoverable loans โ prior MoF approval (R.259)
- ๐Annual returns: Form GFR-13 by each PAO ยท by 30 September for position as on 31 March (R.262)
- ๐Annual Assessment Report: FA โ MoF by 30 June ยท Review against Form GFR-20 (R.263)
| Rule No. | Rule Title | Key Point |
|---|---|---|
| Rule 264 | Implementation Through External Aid โ Framework | Shown in Budget annually ยท Bilateral (Govt-to-Govt) and Multilateral (World Bank etc.) sources ยท DEA executes legal agreements ยท CAAA implements financial covenants ยท Copy of all agreements to CAAA |
| Rule 265 | Currency of External Aid | Foreign currency or Indian Rupees ยท Received by RBI Mumbai ยท Rupee equivalent to CAAA account at RBI New Delhi ยท Accounted as external loan/grant in Consolidated Fund of India |
| Rule 266 | Accounting of Cash Grants | Cash grants (not commodity/in-kind) accounted only by CAAA, DEA |
| Rule 267(1) | Reimbursement Procedure | PIA spends first, claims later ยท Special Account (Revolving Fund): Funding Agency provides 4-month estimated advance; CAAA replenishes ยท Reimbursement outside Special Account: CAAA sends claims directly to Funding Agency |
| Rule 267(2) | Direct Payment Procedure | Funding Agency pays contractor/supplier/consultant directly ยท CAAA recovers Rupee equivalent from PIA/State Govts |
| Rule 268 | Fund Flow for State Projects | State provides budget provision ยท Under Reimbursement: CAAA consolidates State-wise โ Plan Finance Div โ IG Advice โ RBI credits State account ยท Under Direct Payment: CAAA works out Rupee equivalent (RBI buying rate on value date) โ Plan Finance Div sanctions release & simultaneous recovery |
| Rule 269 | Fund Flow for Central / CSS Projects | EAP funds under separate budget head ยท Ministry/Dept releases funds to PIA within 6 weeks of expenditure incurred |
| Rule 270 | Fund Flow for PSUs / Financial Institutions | Admin Ministry provides funds in budget ยท PIA submits claims to CAAA ยท Ministry releases after CAAA certification ยท If PSU negotiates loan directly โ funds flow directly to that entity |
| Rule 271 | Repayment of Loans | CAAA responsible for prompt repayment on due date ยท Through designated Public Sector Commercial Banks and RBI ยท Classified as charged expenditure ยท Further on-lent amounts โ recovery by respective Ministry/Dept |
| Rule 272 | Interest Payments | On due date as per agreement ยท Debited under Major Head '2049-Interest Payments' in CF ยท Classified as charged expenditure |
| Rule 273 | Accounting of Exchange Variation | Exchange variation on fully repaid loans โ adjusted/written off to '8680-Miscellaneous Government Accounts' as per GAR and CGA procedures |
| Rule 274 | Aid in Form of Materials and Equipment | Funding Agency advises Ministry of materials supplied with value ยท Ministry intimates CAAA for budget provision ยท Under Major Head '3606-Aid Materials and Equipment' |
- ๐๏ธThe projects or schemes of the Government of India to be implemented through external aid shall be shown in the budget proposals approved annually by Parliament.
| Type | Description | Agreement Type |
|---|---|---|
| Bilateral | One country funds specific project(s) of another country | Government-to-Government agreement |
| Multilateral | Multi-lateral Funding Agencies โ e.g. World Bank | Agreement between borrower (GoI) and the Multilateral Funding Agency |
- ๐The Department of Economic Affairs (DEA), Ministry of Finance as the nodal agency shall execute the legal agreement for loans or grants from external funding agencies.
- โ Exception: Grant agreements for Technical Assistance can also be executed by the beneficiary Ministries or Departments with the approval of DEA, MoF.
- ๐ฆThe Office of the Controller of Aid Accounts and Audit (CAAA) in the Department of Economic Affairs, MoF shall be responsible for implementing the financial covenants laid down in the agreements.
- ๐A copy of all such agreements shall be sent to the Office of CAAA, DEA for this purpose.
- ๐ฑExternal aid shall flow from the Funding Agency in foreign currency or Indian Rupees and shall be received by the Reserve Bank of India, Mumbai.
- ๐RBI Mumbai shall remit the Rupee equivalent to the account of Controller, Aid Accounts and Audit, DEA at RBI New Delhi.
- ๐The remittances shall be accounted as external loan / Grant receipts in the Consolidated Fund of India.
- โก๏ธFunding Agency โ RBI Mumbai (foreign currency/INR) โ Rupee equivalent โ CAAA account at RBI New Delhi โ Credited as external loan/grant in Consolidated Fund of India
- ๐ฐCash grants โ as distinct from commodity grants or other assistance in kind received from external sources โ shall be accounted for only by the office of Controller of Aid Accounts and Audit, Department of Economic Affairs.
- ๐ตCash Grants: Accounted exclusively by CAAA, DEA (Rule 266)
- ๐ฆAid in form of Materials/Equipment: Ministry is intimated by Funding Agency; Ministry then intimates CAAA for budget provision (Rule 274)
Administrative Ministries/Departments must make provision of funds under the relevant head of account as 'External Aided Component' in their Detailed Demands for Grants. There are two main procedures for withdrawal:
- ๐Under the reimbursement procedure, the Project Implementing Agency (PIA) shall initially spend or incur expenditure and subsequently claim the amount from the Funding Agency through the office of the CAAA.
- 1๏ธโฃReimbursement through Special Account (Revolving Fund Scheme):
- Funding Agency disburses estimated expenditure of 4 months as an initial advance to GoI after loan is declared effective. โ 4-month advance
- Initial deposit (in US Dollars) โ received by RBI Mumbai โ Rupee equivalent passed to CAAA via Government Foreign Transaction (GFT) advice.
- On receipt of reimbursement claims from PIA, CAAA advises RBI Mumbai to debit the Special Account with US Dollar equivalent of the eligible claim.
- CAAA consolidates all claims and submits to Funding Agency for replenishment of Special Account, along with a statement of debits and credits by RBI Mumbai and supporting documents from PIA.
- 2๏ธโฃReimbursement outside Special Account:
- Used where no Special Account provision in the agreement or when the balance in the Special Account is 'Nil'.
- CAAA sends reimbursement claims received from PIA directly to the Funding Agency after checking eligibility.
- Funding Agency disburses eligible amount to borrower's account with RBI Mumbai โ Rupee equivalent passed to CAAA at RBI New Delhi via GFT advice.
- โก๏ธUnder this procedure, the Funding Agency โ on the request of the PIA (received through CAAA) and duly supported by relevant documents โ directly pays the contractor, supplier or consultant from the loan/credit/grant account.
- ๐ขThe Funding Agency apprises both CAAA and the PIA of the particulars of the payment made.
- ๐ฑCAAA shall work out the Rupee equivalent of the foreign currency payment and recover this Rupee equivalent from the PIAs or State Governments which availed of the Direct Payment Procedure.
| Feature | Reimbursement | Direct Payment |
|---|---|---|
| Who pays first? | PIA pays first, then claims back | Funding Agency pays directly |
| Paid to whom? | GoI/PIA's account | Contractor/Supplier/Consultant directly |
| Rupee equivalent | Credited to CAAA via GFT advice | Recovered by CAAA from PIA/State Govt |
- ๐๏ธRespective Departments of the State Government shall provide in the Budget the expenditure proposed to be incurred under Plan Schemes during the financial year by PIAs under State projects financed from external aid sources.
- ๐CAAA consolidates disbursements State-wise at periodical intervals under each loan/credit โ sends details to Plan Finance Division, Department of Expenditure, MoF.
- ๐Plan Finance Division issues sanctions for actual release to respective State Governments. A copy is endorsed to the Finance Department of the concerned State.
- ๐ฆThe office of the Chief Controller of Accounts, MoF issues an Inter-Government (IG) Advice to RBI, Central Accounts Section, Nagpur โ the State Government's account at RBI, CAS Nagpur is credited, completing the fund flow cycle.
- ๐ฑCAAA works out the Rupee equivalent of Direct Payments based on RBI buying rate applicable for the value date on which the Direct Payment was made. โญ RBI buying rate on value date
- ๐CAAA consolidates disbursements State-wise and requests Plan Finance Division to release the amount to the State notionally and simultaneously recover the same for credit back to CAAA's account.
- ๐ฆThe Chief Controller of Accounts, MoF advises RBI, CAS Nagpur to make necessary adjustment entries in the accounts of the concerned State โ completing the Direct Payment fund flow cycle.
- ๐๏ธUnder Central or Centrally Sponsored Projects (CSS) financed from external aid, the disbursement process is the same as explained in Rule 267.
- ๐The respective Ministry or Department gets EAP (Externally Aided Project) funds under a separate budget head when Demands for Grants are passed in Parliament and advised by the Budget Division, MoF.
- โฐThe funds shall be released to the Project Implementing Agency within six weeks by the administrative Ministry or Department with reference to expenditure incurred by the PIA. โ 6 weeks for release
- ๐ญWhen the PIA under a Loan/Credit Agreement is a Public Sector or Financial Institution or Autonomous Body and GoI is the Borrower:
- ๐The Administrative Ministry concerned provides in its budget funds required to be passed on to the PIA.
- ๐The PIA submits claims to CAAA under reimbursement or direct payment procedures.
- ๐The concerned Ministry/Department releases the amount to PIA based on the certification of disbursement received from the Funding Agency, as certified by CAAA.
- โ Exception: Where the loan is negotiated directly by a PSU or Financial Institution, the funds from the Funding Agency shall flow directly to the borrowing entity.
- ๐ The CAAA shall be responsible for prompt repayment of principal on the due date as per the agreements.
- ๐ฆRemittance of foreign currency is arranged through designated Public Sector Commercial Banks and RBI. The Rupee equivalent of foreign currency remitted is debited to CAAA's account.
- ๐On receipt of the advice from RBI New Delhi, CAAA shall debit the concerned loan account in the Consolidated Fund of India.
- โ ๏ธThe repayment of loans shall be classified as Charged Expenditure. โญ Charged expenditure
- ๐In cases where EAP funds are further passed on as loans, the recovery of the loan along with interest shall be the responsibility of the respective administrative Ministry or Department.
- ๐ Interest on external loans shall be paid on the due date as stipulated in the loan/credit agreements against the budget provision made for this purpose.
- ๐Interest payments shall be accounted for as debit under Major Head '2049 โ Interest Payments' for external loans in the Consolidated Fund of India. โญ MH 2049
- ๐The procedure for transfer of amount shall be the same as followed in the case of repayment of loans (Rule 271).
- โ ๏ธInterest payment shall be classified as Charged Expenditure.
- ๐ฑThe exchange variation in respect of foreign loans that have been fully repaid shall be adjusted and written off to "8680 โ Miscellaneous Government Accounts โ Write off" in terms of Government Accounting Rules and the procedures prescribed by CGA in consultation with CAG.
- ๐ฆIn cases where materials, equipment and other commodities โ without involving any cash inflow โ are received as aid from foreign countries, the Funding Agency issues an advice to the concerned Ministry or Department giving details of materials supplied along with the value thereof.
- ๐The Ministry or Department concerned shall in turn intimate the details to CAAA, DEA for making the budget provision in regard to aid material or equipment.
- ๐Accounted under Major Head '3606 โ Aid Materials and Equipment' โ refer Para 4.8.1 of the Civil Accounts Manual for detailed adjustment procedure. โญ MH 3606
| Player | Role |
|---|---|
| DEA (Nodal Agency) | Executes legal agreements for loans/grants ยท TA grants by beneficiary Ministry with DEA approval |
| CAAA | Implements financial covenants ยท Processes withdrawal claims ยท Accounts cash grants ยท Responsible for loan repayment ยท Recovers Rupee equivalent from PIAs under Direct Payment |
| RBI Mumbai | Receives foreign currency/INR from Funding Agency ยท Maintains Special Account proforma ยท Issues GFT advice |
| RBI New Delhi | CAAA's account maintained here ยท Receives Rupee equivalent from Mumbai |
| Plan Finance Div, DoE | Issues sanctions for release of funds to State Governments |
| CCA, MoF | Issues Inter-Government (IG) Advice to RBI CAS Nagpur for State fund releases |
| RBI CAS, Nagpur | Credits State Government accounts on receipt of IG Advice |
- ๐4-month advance โ Initial advance under Revolving Fund (Special Account) Scheme (R.267)
- ๐6 weeks โ Ministry/Dept must release EAP funds to PIA for Central/CSS projects (R.269)
- ๐RBI buying rate on value date โ basis for Rupee equivalent calculation under Direct Payment for States (R.268)
- ๐Major Head 2049 โ Interest payments on external loans in CF of India (R.272)
- ๐Major Head 3606 โ Aid Materials and Equipment (R.274)
- ๐Head 8680 โ Exchange variation on fully repaid foreign loans written off (R.273)
- ๐Charged expenditure โ both loan repayment (R.271) and interest payment (R.272)
- ๐GFT Advice โ Government Foreign Transaction advice used to transfer Rupee equivalent from RBI Mumbai to CAAA account at RBI New Delhi
| Rule No. | Rule Title | Key Point |
|---|---|---|
| Rule 275 | Power to Give and Limits on Guarantees | Art.292 of Constitution ยท Subject to FRBM Act limits ยท Powers vest with Budget Division, DEA (including external borrowings) |
| Rule 276 | Objectives of Government Guarantees | 3 objectives โ Improve project viability ยท Enable PSUs to borrow at lower rates ยท Fulfill precondition for concessional bilateral/multilateral loans |
| Rule 277 | Guidelines for Grant of GoI Guarantee (14 sub-clauses) | Must be justified in public interest ยท FA consultation ยท Risk assessment independently ยท Budget Division, DEA approval mandatory ยท Data in Form GFR-26 ยท Principal + normal interest only ยท Only to Central PSUs/agencies ยท NOT to private sector ยท NOT for ECBs normally ยท NOT for grants ยท Not for low-priority objectives ยท Not for financially strong CPSEs |
| Rule 278 | Borrowings by CPSUs from Multilateral Agencies | Direct borrowings without GoI intermediation ยท GoI guarantee โ prior Budget Division approval ยท Guarantee fee on principal outstanding ยท GoI covers principal + normal interest only ยท Exchange rate risk shared between borrower and lender |
| Rule 279 | Levy of Guarantee Fees | Rates notified by Budget Division, DEA (Appendix-12) ยท Levied before guarantee and every 1st April on outstanding amount ยท Default โ double the normal rate ยท Guarantee limit normally 80% of project loan ยท 100% only in exceptional cases where entity discharges Govt function |
| Rule 280 | Execution of Government Guarantees | Executed and monitored by Administrative Ministry ยท Back-to-back agreement with borrower mandatory ยท No inconsistency with MoF approval ยท Deviations โ separate case to Budget Division ยท Must be executed in same financial year as approval ยท Guarantee for specific purpose only ยท Non-transferable ยท FA maintains records and reports |
| Rule 281 | Review of Guarantees | Annual review by FA ยท Copy of review report to Budget Division by 30th April ยท Register of guarantees in Form GFR-25 maintained by FA ยท Updated data sent to Budget Division by 10th April ยท 6 categories of guarantee classification |
| Rule 282 | Accounting for Guarantees | FRBM Rule 6 โ disclosure statement in Receipt Budget ยท Compiled by Admin Ministries โ CGA โ Budget Division ยท Must tally with Detailed DFG and Finance Accounts ยท Compliant with IGAS-1 |
| Rule 283 | Invocation of Guarantee | Guarantee Redemption Fund (GRF) in Public Account ยท Funded through budgetary appropriations under DEA's DFG ยท Admin Ministry to inform Budget Division in advance of likely invocation ยท On invocation โ sanction loan to borrower equal to guarantee outstanding ยท Finally charged to GRF in Public Account |
- โ๏ธThe power of the Union Government to give guarantees emanates from and is subject to such limits as may be fixed in terms of Article 292 of the Constitution of India, the Fiscal Responsibility and Budget Management (FRBM) Act and Rules framed thereunder.
- ๐In terms of the FRBM Act and Rules, the Central Government shall not give guarantees aggregating the amount prescribed therein. The FRBM sets a ceiling on the total outstanding guarantees at any time.
- ๐๏ธPowers to grant Government of India Guarantee, including those on external borrowings, vest with the Budget Division, Department of Economic Affairs (DEA). โ Budget Division, DEA
- โ๏ธArticle 292: The executive power of the Union extends to the giving of guarantees upon the security of the Consolidated Fund of India within such limits, if any, as may be fixed by Parliament by law.
The sovereign guarantee is normally extended for the purpose of achieving the following three objectives:
- 1๏ธโฃTo improve viability of projects or activities undertaken by central entities with significant social and economic benefits.
- 2๏ธโฃTo enable Central Public Sector companies to raise resources at lower interest charges or on more favourable terms.
- 3๏ธโฃTo fulfil the requirement in cases where sovereign guarantee is a precondition for concessional loans from bilateral/multilateral agencies to Central Public Sector companies/agencies.
- ๐๏ธA proposal for guarantee must be justified in public interest โ such as borrowings by Central Public Sector institutions for approved development purposes or borrowings by CPSUs from Banks for working capital and other purposes.
- ๐The Administrative Ministry/Department or Credit Divisions of DEA shall examine the proposal in consultation with the Financial Adviser, in the same manner as a proposal for loan. Four considerations:
- ๐(a) Public interest the guarantee is expected to serve
- ๐(b) Credit worthiness of the borrower โ to ensure no undue risk
- ๐(c) Terms of the borrowing shall take into account the yields as applicable on Government paper of similar maturity
- ๐(d) Conditions prescribed in the guarantee order/agreement to ensure continued credit worthiness
- ๐All Ministries/Departments should furnish to MoF the data of certain operational parameters of the PSU or Entity in Form GFR-26 along with the proposal. Where accounts have been audited by CAG, the effect of CAG comments on profitability should be brought out. Where BIFR targets or Cabinet directions have been assigned, actuals vis-ร -vis targets for the preceding three years should be indicated.
| โ PERMITTED | โ NOT PERMITTED |
|---|---|
| Repayment of principal + normal interest only (vi) | Other risks beyond principal + normal interest (vi) |
| Only to Central Public Sector companies/agencies (vii) | Private sector โ guarantees shall not be provided (viii) |
| Soft loan components of bilateral/multilateral aid (x) | External Commercial Borrowings โ normally not (ix) |
| Donor insists on performance guarantee for grants โ as a negotiating condition only (xi) | Grants โ GoI guarantee will not be given for grants (xi) ยท Commercial loan components of bilateral/multilateral aid (x) |
| Appropriate conditions โ guarantee fee, period, Govt board representation, mortgage/lien, periodic reports, audit rights (xii) | Low-priority objectives or programmes (xiii) |
| โ | CPSEs with strong financial credentials and high credit rating that can raise resources without Govt guarantee (xiv) |
- ๐(i) All borrowings from multilateral agencies by CPSUs would be direct (without GoI intermediation) on terms mutually agreed between borrower and lender and approved by Government of India. Where such terms involve GoI guarantee, prior approval of Budget Division, MoF must be obtained.
- โ (ii) The borrowing should relate to Projects approved by the prescribed competent authority of the Central Government.
- ๐ฐ(iii) Where GoI guarantee is given, the borrower shall enter into an agreement with GoI for the payment of guarantee fee on the principal amount of the loan drawn and loan outstanding from time to time.
- ๐(iv) GoI Guarantee would only cover principal amount and normal interest. All other risks including exchange rate risk would be shared between the borrower and lender as per the loan agreement.
- ๐ฐRates of fee on guarantees would be as notified by the Budget Division, DEA, MoF from time to time (rates given in Appendix-12). All Ministries/Departments shall levy the prescribed fee in all cases, including non-fund based borrowings or credits (letters of credit, bank guarantees, etc.).
- ๐
Guarantee fee should be levied:
- 1๏ธโฃBefore the guarantee is given, and
- 2๏ธโฃThereafter on 1st April every year. โ 1st April annually
- ๐The rate of guarantee fee is applied on the amount outstanding at the beginning of the guarantee year.
- ๐The Government may guarantee no more than 80% of the project loan, depending on conditions imposed by the lender. This incentivises lenders to conduct proper analysis and bear at least 20% of net loss associated with any default. โ Max 80%
- โ Exception: In certain exceptional circumstances, GoI may guarantee 100% of the financing where the organisation concerned is discharging some function on behalf of the Government of India.
- ๐๏ธOnce approved by MoF, guarantees will be executed and monitored by the Administrative Ministries concerned, who are required to report the status annually till they are invoked or obliterated.
Key execution guidelines:
- ๐(a) Back-to-Back Agreement: The Admin Ministry/Department shall enter into a back-to-back agreement with the borrower to ensure servicing of loan, guarantee monitoring, and adherence to terms. Necessary records to monitor the guarantee, including guarantee fee servicing, shall be maintained by the Line Ministry.
- โ ๏ธ(b) Consistency: The Admin Ministry must ensure no inconsistency between the guarantee approval given by MoF and the guarantee agreement signed with the borrower.
- ๐(c) Deviations/Amendments: Deviations or modifications on main conditions of the guarantee should not be referred routinely to Budget Division. The Admin Ministry shall make out a separate case fully justifying the need, after thorough scrutiny, before placing before Budget Division for final decision.
- ๐(d) Bilateral/Multilateral Credit: Standard format of guarantee of lending institutions shall be examined to ensure they are not in contradiction with conditions prescribed in this chapter, before signing. New conditions or covenants and differences shall be referred to Budget Division, DEA for concurrence.
- ๐ (e) Same Financial Year: Guarantee proposals approved by Budget Division shall be executed in the same financial year. If the guarantee/loan agreement is not signed in the same FY as approval, the proposal shall be submitted again. โ Same FY execution
- ๐ฏ(f) Specific Purpose: Guarantee shall hold only for the specific purpose agreed to by Budget Division.
- ๐(g) Non-Transferable: Guarantee given by GoI shall be non-transferable and would cease to exist in case the ownership of the entity is transferred from GoI, unless the Guarantee is re-confirmed by the Budget Division.
- ๐คThe Financial Advisers in Ministry/Department will perform the responsibility of maintenance of records and reporting including for the Finance Accounts and the IGAS, through the office of Controller/Chief Controller of Accounts.
- ๐
All Ministries/Departments shall ensure that all guarantees are reviewed every year. The monitoring/review should examine:
- โ Whether the borrower is discharging repayment and interest obligations as per terms
- โ Whether repaying capacity is impaired in any manner
- โ Whether all covenants and conditions are being followed
- ๐The Financial Advisers of the Ministries/Departments should undertake these reviews. A copy of the review report (including on timely payment of guarantee fees) shall be forwarded by the FA to the Budget Division by 30th April every year for the previous financial year. โ 30th April deadline
- ๐The FA shall ensure a Register of Guarantees in Form GFR-25 is maintained for:
- ๐Record of guarantees
- ๐Information required from time to time
- ๐Record of annual reviews
- ๐Record of levy and recovery of guarantee fee
- ๐Data in Form GFR-25 sent to Budget Division, DEA by 10th of April every year. โ 10th April deadline
- ๐๏ธIn respect of guarantees issued by MoF for external loans, the respective credit divisions of DEA shall conduct an annual review in consultation with the FA (DEA). Report forwarded to Budget Division in Form GFR-25. Where guarantees on external loans are issued by the administrative Ministry, that Ministry is responsible for the review.
- 1๏ธโฃGuarantees to RBI, banks and financial institutions for repayment of principal, interest, cash credit, seasonal agricultural operations and/or working capital.
- 2๏ธโฃGuarantees for repayment of share capital, minimum annual dividend, bonds or loans, debentures issued by statutory corporations and CPSUs.
- 3๏ธโฃGuarantees in pursuance of agreements with international financial institutions, foreign lending agencies, foreign governments, contractors, suppliers, consultants โ for repayment of principal, interest, commitment charges, or payment against supplies of materials and equipment.
- 4๏ธโฃCounter-guarantees to banks in consideration of banks having issued letters of credit or authority to foreign suppliers.
- 5๏ธโฃGuarantees given to Railways for due and punctual payment of dues by Central Government companies or corporations.
- 6๏ธโฃOthers โ guarantees not covered under the above five classes.
- ๐FRBM Rule 6 of 2004 requires Government to publish a disclosure statement on guarantees given by Government at the time of presenting the Annual Financial Statement and Demands for Grants. This statement covers class and number of guarantees, amounts guaranteed, outstanding, invocations, guarantee fee payable, and other material details.
- ๐(i) Statement compiled by Administrative Ministries/Departments โ submitted to Controller General of Accounts โ forwarded to Budget Division. Based on inputs, a Statement of Guarantees is published as an annexure in the Receipt Budget.
- โ (ii) Ministries/Departments must ensure and certify that amounts shown tally with the total figures in the Detailed Demands for Grants.
- ๐(iii) Ministries/Departments must also certify that information tallies with the material furnished to CGA for the Finance Accounts and is compliant with Indian Government Accounting Standard-1 (IGAS-1) relating to Government Guarantees. โญ IGAS-1
- ๐ฆA Guarantee Redemption Fund (GRF) has been established in the Public Account of India for redemption of guarantees given to CPSEs, Financial Institutions, etc., whenever such guarantees are invoked.
- ๐ฐFunding to the GRF is done through budgetary appropriations under the head 'Transfer to Guarantee Redemption Fund' through the Demands for Grants of the Department of Economic Affairs.
- ๐ขThe Administrative Ministries/Departments should inform any case of impending/likely invocation, well in advance, to the Budget Division, along with the proposed corrective measures.
- โ๏ธIn the event of invocation of a guarantee, the obligation may be discharged by sanctioning a loan to the borrowing entity equal to the amount of guarantee outstanding โ with the approval of Budget Division, MoF.
- ๐ณHowever, any payment on this account will finally be charged to the Guarantee Redemption Fund maintained in the Public Accounts.
- โก๏ธGuarantee invoked โ Admin Ministry informs Budget Division in advance โ Obligation discharged by sanction of loan to borrower (= amount of guarantee outstanding) with Budget Division approval โ Payment finally charged to Guarantee Redemption Fund (Public Account)
- ๐Art. 292 โ Constitutional power for Union Government guarantees (R.275)
- ๐Budget Division, DEA โ holds power to grant GoI guarantee including on external borrowings (R.275)
- ๐3 objectives of sovereign guarantee โ project viability ยท lower interest rates ยท precondition for concessional loans (R.276)
- ๐Principal + normal interest only โ GoI guarantee does not cover other risks or exchange rate risk (R.277, R.278)
- ๐NOT to private sector ยท NOT normally for ECBs ยท NOT for grants ยท NOT for low-priority objectives ยท NOT for financially strong CPSEs (R.277)
- ๐Form GFR-26 โ data of operational parameters of PSU/Entity furnished with guarantee proposal (R.277)
- ๐Guarantee fee levied before giving + every 1st April on outstanding amount ยท Default โ 2ร normal rate (R.279)
- ๐Maximum 80% of project loan ยท Exception: 100% when entity discharges Govt function (R.279)
- ๐Same financial year โ guarantee must be executed in same FY as Budget Division approval; else resubmit (R.280)
- ๐Non-transferable โ GoI guarantee ceases on ownership transfer unless re-confirmed (R.280)
- ๐30th April โ FA forwards annual review report to Budget Division (R.281)
- ๐10th April โ updated Form GFR-25 data sent to Budget Division (R.281)
- ๐6 categories of guarantee classification (R.281)
- ๐IGAS-1 โ Indian Government Accounting Standard on Government Guarantees (R.282)
- ๐Guarantee Redemption Fund โ in Public Account ยท funded via DEA's DFG ยท invocation discharged by sanctioning loan to borrower (R.283)
| Rule No. | Rule Title / Section | Key Point |
|---|---|---|
| I. ESTABLISHMENT (Rules 284โ299) | ||
| Rule 284 | Proposals for Additions to Establishment | 4 mandatory contents in every proposal ยท Continuation beyond specified duration โ explicit MoF approval ยท Increase in emoluments โ MoF approval |
| Rule 285 | Digitised Service Records | All service matters (entry to exit) โ leave, transfer, promotion, appraisal โ in digitised format |
| Rule 286 | Transfer of Charge | Form GFR-16 ยท signed by both ยท same day to HoD ยท 3 exceptions ยท Cash Book closed on transfer date ยท sudden casualty โ next senior takes charge |
| Rule 287 | Date of Birth Declaration | At appointment ยท Matriculation+: Matric certificate ยท Others: Municipal Birth Certificate or last school certificate |
| Rule 288 | Service Book | Annual verification by HoO ยท Duplicate: 1st copy with HoO; 2nd to employee (existing: 6 months; new: 1 month) ยท January update, returned in 30 days ยท Lost copy: โน500 ยท All to be digitised |
| Rule 289 | Retrospective Sanction โ Charge Due Date | Charge not due before it is sanctioned ยท Time limit runs from date of sanction, not effective date |
| Rule 290 | TA Claim Due Date | Due on day after journey completion ยท Submit within 60 days ยท Failure โ forfeited |
| Rule 291 | TA โ Retired Govt Servant (Court) | Eligible only on honourable acquittal judgement ยท Date of judgement = reference point |
| Rule 292 | LTC Claim Due Date | Due on day after return journey ยท With advance: 30 days ยท Without advance: 60 days ยท Failure โ forfeited |
| Rule 293 | Overtime Allowance Claims | Due on 1st of following month ยท Forfeited if not submitted within 60 days |
| Rule 294 | Withheld Increment โ Due Date | 1-year period from date increment falls due, NOT from date of Increment Certificate signing |
| Rule 295 | Arrear Claims | Within 2 years โ DDO/AO after usual checks ยท Beyond 2 years โ HoD investigates; if satisfied, pays ยท HoD may delegate to subordinate appointment authority |
| Rule 296 | Time-Barred Claims | Entertained if prevented by causes beyond control ยท Paid with express Govt sanction + prior Internal Finance Wing consent |
| Rule 297 | Claims of Non-Govt Persons | Rules 289โ296 apply mutatis mutandis to persons not in Govt service |
| Rule 298 | Retrospective Sanctions โ Pay Revision | Retrospective effect for pay revision / concessions โ only in very special circumstances with prior MoF consent |
| Rule 299 | PF Advance Sanction Currency | Lapses after 3 months unless specifically renewed ยท Exception: instalment withdrawals (valid till date specified in sanction) |
| II. REFUND OF REVENUE (Rules 300โ302) | ||
| Rule 300 | Sanctions of Refunds | Regulated by orders of Administrator or departmental authority as per departmental manuals |
| Rule 301 | Refund Procedure โ Five Sub-rules | Sanction on bill or certified copy ยท Link original entry in Cash Book to prevent double claims ยท Remission before collection = reduction of demand, NOT refund ยท Refunds not treated as expenditure ยท Wrongly credited โ authority to whom receipts correctly pertain is competent |
| Rule 302 | Compensation for Accidental Loss of Property | Only with MoF approval ยท Not for floods/cyclone/earthquake or ordinary accidents ยท Being on duty or in Govt quarters not sufficient ground alone |
| III. DEBT & MISC. OBLIGATIONS (Rules 303โ305) | ||
| Rule 303 | Public Debt | Managed by Reserve Bank of India |
| Rule 304 | Provident Funds | HoO maintains complete subscriber list ยท Monthly schedule tallied before bill submission ยท Similar for NPS ยท Interest at rates/intervals prescribed by MoF |
| Rule 305 | Postal Life Insurance Register | Form GFR-20 ยท Alphabetical order ยท Separate entry per policy ยท Monthly recovery posted after pay bill |
| IV. SECURITY DEPOSITS (Rules 306โ308) | ||
| Rule 306 | Security by Govt Servants Handling Cash | All cash/store handlers must furnish ยท Based on actual cash (excludes A/c payee cheques) ยท Fidelity Bond: Form GFR-17 ยท Security Bond: Form GFR-14 ยท Officiating โค4 months: exemption if permanent Govt servant + no risk |
| Rule 307 | Security Not Required โ 4 Categories | Negligible stores ยท Office furniture/stationery (if HoO satisfied) ยท Librarian & library staff ยท Drivers of Govt vehicles |
| Rule 308 | Retention of Security | Deposit: retained at least 6 months after vacating post ยท Bond: retained permanently |
| V. TRANSFER OF LAND & BUILDINGS (Rules 309โ310) | ||
| Rule 309 | Sale of Govt Land | No sale without previous sanction of Government (applies to autonomous bodies, PSUs too) |
| Rule 310 | Transfer of Land and Buildings | UTโDept and DeptโDept: no profit no loss ยท Buildings: present day cost minus depreciation (CPWD) ยท PSU allotment: market value ยท UnionโState: Art. 294, 295, 298 & 299 + Appendix-7 |
| VIโIX. LOCAL BODIES ยท RECORDS ยท ADVANCES (Rules 311โ324) | ||
| Rule 311 | Charitable Endowments and Other Trusts | Detailed instructions in Appendix-8 |
| Rule 312 | Financial Arrangements with Local Bodies | Local body pays in advance unless special arrangement ยท Emergency (epidemics): no pre-payment for medicines |
| Rule 313 | Recovery from Non-Paying Local Bodies | Dues unpaid โ adjusted from any non-statutory grant sanctioned for it |
| Rule 314 | Taxes Collected on Behalf of Local Bodies | Must pass through Consolidated Fund before appropriation to local fund โ unless authorised by law |
| Rule 315โ319 | Payments ยท Audit ยท Rounding | Audit by Indian Audit & Accounts Dept (Art. 149) ยท Audit fees in consultation with CAG ยท Govt Company supplementary audit: waived for CAG staff, enforced for professional auditors ยท Transactions rounded to nearest Rupee |
| Rule 320 | Destruction of Records | Only per Appendix-9 ยท Electronic records: mandatory backup + strict retention + monthly/annual verification |
| Rule 322 | Permanent Advance / Imprest | Granted by HoD in consultation with Internal Finance Wing ยท Kept to minimum required |
| Rule 323 | Advances for Contingent Purpose | 4 conditions ยท Adjustment bill within 15 days ยท Failure โ recovered from next salary |
| Rule 324 | Advance to Govt Pleader | Max โน25,000 at a time ยท Adjusted at time of settlement of Counsel's fee bills |
- 1๏ธโฃPresent cost of the establishment in existence
- 2๏ธโฃCost implications of the change โ details of pay and allowances of post(s) proposed
- 3๏ธโฃExpenditure in respect of pension, gratuity or other retirement benefits that may arise in consequence
- 4๏ธโฃDetails on how the expenditure is proposed to be met, including proposed re-appropriations
- ๐Sub-rule (3): Continuation of an existing post beyond the specified duration requires explicit MoF approval, based on functional justification.
- ๐Sub-rule (4): All proposals for increase in emoluments for an existing post shall be referred to the Ministry of Finance for approval.
- ๐ปAll service matters from entry to exit โ including leave, transfer, promotion, performance appraisal โ should be maintained in a digitised format.
- ๐Report of transfer of a Gazetted Government servant shall be made in Form GFR-16, signed by both the relieved and relieving Government servants, and sent to the HoD or Controlling Officers on the same day.
- 1๏ธโฃAssumes charge of a newly created or vacant post, or relinquishes charge of a post that has been abolished
- 2๏ธโฃVacates a post for a short period and no formal/officiating arrangement is made in his place
- 3๏ธโฃMoves to another post due to administrative exigencies against local arrangement
- ๐(i) Cash Book or imprest account shall be closed on the date of transfer with a note signed by both, showing cash/imprest balances and unused cheques/receipt books.
- โ ๏ธ(ii) The relieving Government servant should bring to notice anything irregular or objectionable in the conduct of business to the incoming officer.
- ๐จ(iii) Sudden casualty โ the next senior officer present shall take charge. If not a Gazetted officer, must immediately report to nearest departmental superior and obtain orders about cash in hand.
- ๐Additional procedure for Audit/Accounts Officers making over charge in connection with Charitable Endowments and other Trust Accounts is laid down in Appendix-8.
- ๐
Every person newly appointed shall, at the time of appointment, declare the date of birth by the Christian era with confirmatory documentary evidence:
- ๐Qualification is Matriculation or above โ Matriculation Certificate
- ๐Other cases โ Municipal Birth Certificate or Certificate from recognised school last attended
- ๐Sub-rule (1): Service Books shall be verified every year by the Head of Office. After satisfying himself, the HoO shall record the certificate: "Service verified from โฆ upto โฆ"
- ๐Sub-rule (2): Maintained in duplicate. First copy with HoO; second copy given to the Government servant:
- ๐Existing employees โ within 6 months of rules becoming effective (if not already given)
- ๐New appointees โ within 1 month of date of appointment โ 1 month
- ๐ Sub-rule (3): In January each year, the Government servant shall hand over his copy for updation. The office shall update and return it within 30 days.
- ๐ฐSub-rule (4): If the Government servant's copy is lost, replaced on payment of โน500. โ โน500
- ๐ปSub-rule (5): All Service Books should be digitised for easy reference and to avoid problems in case of loss.
- ๐ In the case of sanction accorded with retrospective effect, the charge does not become due before it is sanctioned. The time-limit specified in Rule 296(1) should be reckoned from the date of sanction and not from the date on which the sanction takes effect.
- ๐ TA claim falls due for payment on the day succeeding the date of completion of the journey.
- โฐThe Government servant shall submit the claim within 60 days of its becoming due. Failure โ claim stands forfeited. โ 60 days
- โ๏ธRetired Government servants become eligible for reimbursement of travelling expenses for court appearances (defending himself) only when the judgement relating to his honourable acquittal is pronounced.
- ๐ The date of pronouncement of the judgement shall be the reference point for submission and reimbursement of the TA claim.
- ๐ LTC claim falls due for payment on the day succeeding the date of completion of return journey.
- ๐ณAdvance drawn: Submit within 30 days of due date. Failure โ advance recovered; Government employee may still submit as under (ii) below. โ 30 days
- ๐ฐAdvance not drawn: Submit within 60 days of due date. โ 60 days
- โFailure to submit in both the cases within prescribed timelines โ claim stands forfeited.
- ๐ OTA claim falls due for payment on the first day of the month following the month to which the overtime allowance relates.
- โฐClaim stands forfeited if not submitted within 60 days of the due date. โ 60 days
- ๐ The period of one year should be counted from the date on which the increment falls due โ not with reference to the date on which the Increment Certificate is signed by the competent authority.
- ๐Even where an increment is withheld, the time-limit should be reckoned from the date on which it falls due after taking into account the period for which it is withheld.
- ๐ Sub-rule (1): Any arrear claim preferred within two years of its becoming due shall be settled by the DDO or Accounts Officer after usual checks.
- ๐Sub-rule (2): The date on which the claim is presented at the office of disbursement shall be considered the date on which it is preferred.
- ๐Sub-rule (3)(i): Claim remaining in abeyance for more than two years โ investigated by the Head of Department. If satisfied about genuineness and valid reasons for delay, the HoD directs payment after usual checks.
- ๐ฅSub-rule (3)(ii): HoD may delegate the above powers to the subordinate authority competent to appoint the Government servant by whom the claim is made.
- โ Sub-rule (1): Even a time-barred claim shall be entertained if the concerned authority is satisfied that the claimant was prevented from submitting within the prescribed time limit on account of causes and circumstances beyond his control.
- ๐Sub-rule (2): A time-barred claim shall be paid with the express sanction of the Government issued with the previous consent of the Internal Finance Wing of the Ministry or Department concerned.
- ๐The provisions of Rules 289 to 296 shall apply mutatis mutandis to arrear claims preferred against Government by persons not in Government service.
- โRetrospective effect shall not be given by competent authorities to sanctions relating to revision of pay or grant of concessions to Government servants, except in very special circumstances with the previous consent of the Ministry of Finance.
- โฐA sanction to an advance or a non-refundable part withdrawal from Provident Fund shall, unless specifically renewed, lapse on the expiry of 3 months. โ 3 months
- โ Exception: This shall not apply to withdrawals effected in instalments. In such cases, the sanction for non-refundable withdrawals shall remain valid up to a particular date specified by the sanctioning authority in the sanction order itself.
- ๐All sanctions to refunds of revenue shall be regulated by the orders of an Administrator or of the departmental authority as per the provisions of the rules and orders contained in departmental manuals.
- ๐Sub-rule (1): Sanction to a refund may be given on the bill itself or quoted therein with a certified copy attached.
- ๐Sub-rule (2): Before a refund is made, the original demand or realisation must be linked and a reference to the refund recorded against the original entry in the Cash Book โ to make entertainment of a double or erroneous claim impossible.
- ๐Sub-rule (3): Remission of revenue before collection โ Refund. Such remissions are treated as reduction of demands, not as refunds.
- ๐Sub-rule (4): Refunds of revenues are not regarded as expenditure for the purposes of grants or appropriation.
- ๐Sub-rule (5): Revenue credited to a wrong head of account โ the authority to whom the original receipts correctly pertain is competent to order refund.
- โNo compensation for accidental loss of property shall be paid to an officer except with the approval of the Ministry of Finance.
- ๐Compensation will not ordinarily be granted for:
- โLoss due to floods, cyclone, earthquake or any other natural calamity
- โLoss due to ordinary accident which may occur to any citizen (theft, railway accident, fire, etc.)
- ๐The mere fact that the Government servant is technically on duty or is living in Government quarters will not be considered a sufficient ground for grant of compensation.
- ๐ฆThe public debt raised by Government by issue of securities shall be managed by the Reserve Bank of India. The RBI shall also manage securities created under any other law or rule having the force of law, provided such law specifically provides for their management by RBI.
- ๐A complete list of subscribers to each fund shall be maintained by each disbursing office in the form of a schedule. Key requirements:
- ๐Each new subscriber brought on the list; changes (transfer, rate change) clearly indicated
- ๐Death, quitting service or transfer โ full particulars duly recorded
- ๐Transfer of a subscriber โ note made in list of both the offices
- ๐Monthly schedule prepared from this list and tallied with recoveries before submission of bill
- ๐Similar provisions shall be made for New Pension System (NPS) subscribers
- ๐ฐDeposit accounts shall be credited with interest at such rates and at such intervals as may be prescribed by the Ministry of Finance in each case.
- ๐ฎAll drawing officers should maintain a record of Postal Life Insurance (PLI) policy holders in Form GFR-20.
- ๐The register shall be kept up to date with names in alphabetical order by surname. A separate entry for each policy where a holder has more than one policy.
- ๐After preparation of the monthly pay bill, the amount of recovery on account of PLI premium shown in the bill shall be posted in the monthly column of the register. Excess or non-recovery shall be noted in the remarks column.
- ๐Sub-rule (1): Every Government servant who actually handles cash or stores shall be required to furnish security, in such amount and form as Central Government or an Administrator may prescribe, and to execute a security bond setting forth the conditions.
- ๐ฐSub-rule (2): Amount of security shall be based on actual cash handled โ shall not include account payee cheques and drafts.
- ๐Sub-rule (3): Security shall be furnished in the form of a Fidelity Bond in Form GFR-17; Security Bond executed in Form GFR-14. Administration shall ensure the Government servant pays premia to keep the Bond alive; failure to submit premium receipt โ not allowed to perform duties.
- โ ๏ธSub-rule (4): Officiating Government servant must furnish full security prescribed for the post. Exemption for short-term officiating only if all three conditions are met:
- โ No risk involved
- โ Only for a permanent Government servant
- โ Officiating period does not exceed four months โ 4 months
Notwithstanding Rule 306, security need not be furnished in cases of:
- 1๏ธโฃGovernment servants entrusted with the custody of stores which, in the opinion of the competent authority, are not considerable
- 2๏ธโฃGovernment servants entrusted with custody of office furniture, stationery and other articles required for office management, if the HoO is satisfied about safeguards against loss through pilferage
- 3๏ธโฃLibrarian and Library Staff
- 4๏ธโฃDrivers of Government vehicles
- ๐ A security deposit taken from a Government servant shall be retained for at least six months from the date he vacates his post. โ 6 months minimum
- ๐A security bond shall be retained permanently or until it is certain there is no further necessity for keeping it.
- โSave as otherwise provided in any law, rule or order, no land belonging to the Government or any of its bodies โ including autonomous bodies, PSUs, etc. โ shall be sold without previous sanction of the Government.
| Transfer Type | Basis |
|---|---|
| UT โ Central Govt Dept [R.310(1)] | No profit no loss (not necessarily zero cost โ can be on mutually agreeable terms) |
| Dept โ Dept [R.310(2)] | No profit no loss (can include payment of value or exchange of equal value land) |
| Buildings / Superstructures [R.310(3)] | Present day cost minus depreciation ยท Valuation from CPWD at time of transfer |
| Allotment to PSUs [R.310(4)] | Market value as defined in Appendix-7, para 2 |
| Union โ State Govts [R.310(5)] | Regulated by Art. 294, 295, 298 & 299 of Constitution and Appendix-7 |
- ๐Detailed instructions relating to Charitable Endowments and other Trusts are embodied in Appendix-8.
- ๐ฐSub-rule (1): A local body will be required to pay in advance the estimated amount of charges unless one of the following special arrangements is authorised:
- ๐Payments are debited to the balances of the deposits of the local fund with Government, or
- ๐Payments are made as advances from public funds pending recovery from the local funds
- ๐ฅSub-rule (2) โ Emergency Exception: In case of emergency such as epidemics, pre-payment will not be insisted upon from local bodies for supply of medicines from Medical Stores Depots of the Ministry of Health.
- ๐Any amount or loan not paid on due date to Government by a local body may be adjusted from any non-statutory grant sanctioned for payment to it.
- ๐Proceeds of taxes, fines or other revenues levied or collected by Government for or on behalf of local bodies shall not be appropriated directly to a local fund without passing through the Consolidated Fund โ unless expressly authorised by law.
- ๐ฐR.315: Payments to local bodies in respect of revenue raised or received by Government on their behalf shall be made in such manner and on such date as authorised by general or special orders of Government.
- ๐R.316: Accounts of local bodies, other non-Government bodies or institutions will be audited by the Indian Audit and Accounts Department under terms agreed between Government and CAG (subject to any law under Article 149).
- ๐ฐR.317: Audit fees charged at daily rates prescribed by Government in consultation with CAG. Not applicable where rates are prescribed by law or rules having force of law. Specific local bodies may be wholly or partially exempted.
- ๐ขR.318 โ Government Companies (Supplementary Audit, S.143(6) Companies Act 2013):
- โ Cost recovery waived where audit is done by CAG through own departmental staff
- โ ๏ธCost recovery enforced where CAG employs professional auditors
- ๐ขR.319: Financial transactions between Government and local bodies shall be rounded off to the nearest Rupee.
- ๐๏ธSub-rule (1): No Government record connected with accounts shall be destroyed except in accordance with the provisions of Appendix-9.
- ๐ปSub-rule (2): Records maintained in electronic form should mandatorily have a backup and adhere strictly to the retention period and prescribed formats. Responsibility for verification and certification on a monthly/annual basis as prescribed under relevant rules shall also be ensured.
- ๐Rules relating to incurring contingent expenditure are available under Section III of Subsidiary Instructions to Central Government Account (Receipt & Payment) Rules 2022.
- ๐ณPermanent advance or Imprest for meeting day-to-day contingent and emergent expenditure may be granted by the Head of the Department in consultation with the Internal Finance Wing.
- ๐Amount of advance shall be kept at the minimum required for smooth functioning. Procedures are available in para 10.12 of the Civil Accounts Manual.
- 1๏ธโฃAmount of expenditure is higher than the Permanent Advance available and cannot be met from it
- 2๏ธโฃPurchase or other purpose cannot be managed under the normal procedures (post-procurement payment system)
- 3๏ธโฃAmount of advance is not more than the power delegated to the HoO for the purpose
- 4๏ธโฃHead of Office shall be responsible for timely recovery or adjustment of the advance
- โ๏ธThe Ministry or Department may sanction an advance to a Government Pleader in connection with law suits to which Government is a party โ up to a maximum of โน25,000 at a time. โ โน25,000 max
- ๐The amount so advanced should be adjusted at the time of settlement of Counsel's fee bills.
- ๐4 mandatory contents in establishment proposals (R.284)
- ๐Form GFR-16 โ Transfer of Charge ยท signed by both ยท sent to HoD on same day (R.286)
- ๐Service Book duplicate: existing employees within 6 months; new appointees within 1 month ยท January update, returned in 30 days ยท lost copy: โน500 (R.288)
- ๐TA: 60 days ยท LTC with advance: 30 days ยท LTC without advance: 60 days ยท OTA: 60 days ยท Contingent advance adjustment: 15 days
- ๐Arrear claims: 2 years โ DDO/AO settles; beyond 2 years โ HoD investigates (R.295)
- ๐PF advance sanction: 3 months โ lapses unless renewed; exception for instalment withdrawals (R.299)
- ๐Remission before collection = reduction of demand, NOT refund ยท Refunds โ expenditure for appropriation (R.301)
- ๐Security Bond: Form GFR-14 ยท Fidelity Bond: Form GFR-17 ยท PLI Register: Form GFR-20
- ๐Security exemption for officiating: only if โค4 months + permanent Govt servant + no risk (R.306)
- ๐Security deposit: โฅ6 months after vacation ยท Security bond: permanently (R.308)
- ๐4 categories exempt from security: negligible stores ยท office furniture ยท librarian/library staff ยท Govt vehicle drivers (R.307)
- ๐Land transfer: UTโDept and DeptโDept = no profit no loss ยท PSU = market value ยท Buildings = present day cost minus depreciation (CPWD valuation) (R.310)
- ๐Supplementary Audit (Govt Companies): cost recovery waived for CAG departmental staff; enforced for professional auditors (R.318)
- ๐โน25,000 โ maximum advance to Government Pleader at a time (R.324)
Notes Coming Soon
Detailed notes for this chapter will be published shortly. Check back soon.