Chapter XXIII: Appendix: F

RULES FOR THE PREPARATION, SUBMISSION AND EXECUTION OF PROJECTS OF WATER-SUPPLY, SEWERAGE OR DRAINAGE BY LOCAL AUTHORITIES (AS MODIFIED UP TO THE 31ST JULY 1913).

_Notification._

_No. 818T.-M.—The 13th September 1910._—In exercise of the powers conferred by clauses (_i_) and (_ii_) of sub-section (1) of section 69 of the Bengal Municipal Act, 1884 (Bengal Act III of 1884), and by clauses (_e_) and (_m_) of section 138 of the Bengal Local Self-Government Act of 1885 (Bengal Act III of 1885), the Lieutenant-Governor is pleased to direct that the following rules for the preparation, submission and execution of projects for water-supply, sewerage or drainage by local authorities shall be substituted for the like rules published with Government Notification No. 1712M., dated the 7th July 1906, at pages 111 to 113, Part IB of the _Calcutta Gazette_ of the 11th idem, namely:—

[Sidenote: Preparation of sketch of project.]

1. (_1_) Whenever a local authority desires to undertake a project for water-supply or sewerage or a comprehensive scheme of surface drainage, it shall first cause to be drawn up a sketch of the project roughly showing its scope and approximate cost.

(_2_) Such sketch may be drawn up either by the Sanitary Engineer at the special request of the local authority and with the approval of the Sanitary Board and on payment of the fees prescribed in Rule 8, or by any firm or person approved by the Sanitary Engineer.

(_3_) The Sanitary Engineer shall, in all cases, act as adviser of the local authority.

[Sidenote: Submission of sketch, statement and application.]

[Sidenote: Government of Bihar and Orissa Notification No. 7682M., dated
the 8th July 1913.]

2. When the sketch of the project has been drawn up under Rule 1, and it is estimated to cost Rs. 10,000 or more, or in the case of an estimate of less than Rs. 10,000 if the financial assistance of Government is desired, the local authority shall submit it to the Sanitary Engineer, who shall make such recommendations as he may think fit. After the approval of the Sanitary Engineer has been obtained, the sketch project shall be submitted by the local authority _through the Sanitary Board_ to the Municipal Department of Government, together with a statement wherein shall be shown the amount of the funds available to meet the cost of the project, either from current revenue or by way of loan or from any other source.

In the case of schemes the total estimated cost of which is less than Rs. 10,000, not being part of a larger scheme and for which financial assistance from Government is not required, the sanction of Government need not be obtained, but if the local authorities so desire the scheme will be examined by the Sanitary Engineer.

[Sidenote: Conditions precedent to grant of administrative approval.]

3. In order to obtain administrative approval to the execution of the project the local authority shall satisfy Government—

(_1_) that the cost of maintenance of the projected work can be met by
the local authority from revenue;

(_2_) that any loan required to meet the cost of the work can be
repaid, together with the interest thereon, within the period that
may be prescribed by the Government; and

(_3_) that the work can be done effectually in the manner and for the
cost proposed.

[Sidenote: Procedure after grant of administrative approval. Preparation
of detailed plans and estimates.]

4. When the administrative approval of Government has been obtained, and in no case before, the local authority may arrange for the preparation of detailed plans and estimates, and for this purpose may—

(_a_) cause the plans and estimates to be prepared by its own officers
or by an officer specially appointed for the purpose and apply to
the Sanitary Engineer for assistance in the selection and
engagement of surveyors to carry out the work; or

(_b_) apply to the Sanitary Board for the services of the Sanitary
Engineer; or

(_c_) apply to Government in the Public Works Department for the
services of their officer; or

(_d_) apply to the District Board for the services of the District
Engineer; or

(_e_) with the previous sanction of the Sanitary Board entrust the
work to a private firm of established reputation.

In cases of (_a_), (_c_), (_d_) and (_e_), the plans and estimates while in course of preparation shall be subject to the examination and control of the Sanitary Engineer.

[Sidenote: Submission of detailed plans and estimates to Government
through Sanitary Board.]

5. The plans and estimates shall, on completion, be forwarded in duplicate, to the Sanitary Board, together with a full report on the financial aspect of the scheme and the state of public feeling in regard to it, and, if a loan is required, with an application in the prescribed form. In the case of drainage schemes the estimates must be submitted in Sanitary Board’s forms Nos. 21 and 22, copies of which may be obtained from the office of the Sanitary Engineer, and when the scheme has not been prepared in the Board’s Office they shall be accompanied by full details of the calculations of the sizes and strength of the various works, and complete information as to the prices on which the estimates have been framed.

The Sanitary Board, after examining the plans, estimates, report and application, shall submit them to the Municipal Department of Government with an expression of their opinion on the merits of the scheme as finally drawn up.

CONSTRUCTION.

[Sidenote: Conditions as to detailed engineering supervision.]

6. Where the cost of the projected work is estimated to amount to Rs. 10,000 or more an adequate provision for detailed engineering supervision shall be a condition precedent to the grant of sanction by the Government.

In the absence of special sanction to the contrary, the local authority shall agree to such one of the following conditions as may be considered suitable in each case:—

(_a_) that the work shall be carried out by the Public Works
Department if that Department can undertake it: in such cases an
extra charge of 15 per cent. on the sanctioned estimates shall be
made for supervision, unless the case is one of extraordinary
difficulty, under which circumstances a higher charge may be
imposed under the orders of Government; or

(_b_) that arrangements shall be made with the District Board for the
carrying out of the work under the supervision of the District
Engineer and his staff; or

(_c_) that the work shall be carried out under the supervision of an
Engineer qualified for appointment as a District Engineer
according to the rules under the Local Self-Government Act of 1885
(Ben. Act III of 1885) specially employed for the purpose; or

(_d_) that the work shall be carried out by private engineering firm
of established reputation:

Provided that the local authority shall not advertise for tenders or enter into any contract or agreement for the execution of any works in connection with schemes or parts of schemes which have been sanctioned by Government under conditions (_b_), (_c_) or (_d_), until the specification and form of tender for such contract have been examined and approved by the Sanitary Engineer. No tender or contract for any such work shall be accepted until it has been submitted to the Sanitary Board and they have approved the acceptance thereof;

And further provided that when the work is carried out under condition (_d_), it shall be supervised by an officer appointed for the purpose by the local authority with the approval of the Sanitary Board, and shall, while in progress, be periodically inspected by the Sanitary Engineer.

[Sidenote: Report by local authority to the Commissioner in case of
small works.]

7. Where the estimated cost of works amounts to less than Rs. 10,000, the local authority shall report, for the information of the Commissioner of the Division, the agency by which it is proposed to have the works carried out, and shall follow the instructions issued by him in the matter.

FEES.

[Sidenote: Bengal Government Notification No. 333T.M., dated the 23rd
May 1911.]

8. The following fees shall be leviable by the Sanitary Board from local authorities for the work specified against each:—

(_a_) a fee of two per cent. on the estimated cost (excluding cost of
surveys) of all projects and schemes, for which detailed estimates
and drawings are prepared by the Sanitary Engineer;

(_b_) a fee of one-half per cent. on the first Rs. 20,000 and
one-quarter per cent. of the balance of the estimated cost of
schemes and projects, the detailed plans and estimates of which
are examined by the Sanitary Engineer;

(_c_) a fee of two per cent. on the estimated cost of the works, when
contract, drawings, specifications and forms of tender are
prepared by the Sanitary Engineer:

Provided that when both detailed estimates and drawings and contract
drawings, specifications and forms of tender are prepared by the
Sanitary Engineer, an inclusive fee shall be charged of three per
cent. on the estimated cost of the works.

[Sidenote: Bengal Government Notification No. 819M., dated the 10th
April 1908.]

[Sidenote: Government of Bihar and Orissa Notification No. 7682M., dated
the 8th July 1913.]

8_A_. As soon as the services for which fees are leviable under the preceding rule are rendered, the Sanitary Board shall through the District Magistrate, demand from the local authority concerned payment of the fees leviable therefor, and the Magistrate on receipt of notice of such demand shall recover the said fees and credit them in the local treasury in favour of the Public Works Department and inform the Accountant-General, _Bihar and Orissa_, and the Examiner of Local Accounts, _Bihar and Orissa_.

[Sidenote: Bengal Government Notification No. 333T.M., dated the 23rd
May 1911.]

9. When sketch projects are prepared by the Sanitary Engineer, no charge will be made for his services or those of his assistants, Government surveyors, draftsmen, and tracers; drawing materials and the instruments required for the work will also be provided at Government expense. But the local authorities will be required to render reasonable assistance on the spot in the way of survey coolies, supply of survey pegs, fixing bench marks, etc., and to pay the actual cost of the same. They will also be expected in each case to provide a suitable office properly furnished for the use of the surveyors and draftsmen.