80 e/;izns'k 'kklu forr fohkkx %% ea=kky; %oyyhk Hkou]Hkksiky &462002

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Annabel Casey
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1 dzekad Hkksiky] fnukad 30 ekpz izfr] 'kklu ds lelr fohkkx lelr fohkkxk/;{k v/;{k] jktlo e.my Xokfy;j lelr dfe'uj lelr dysdvj e/;izns'k 80 e/;izns'k 'kklu forr fohkkx %% ea=kky; %oyyhk Hkou]Hkksiky & (1) fo"k;%& cqd vkwq Qk;usaf'k;y ikolz 1995 Hkkx &1 ds varxzr forrh; vf/kdkjksa dk izr;k;kstua jkt; 'kklu }kjk ftyk ljdkj dh vo/kkj.kk dks ewrz :i nsus ds lanhkz esa esnkuh Lrj ds vf/kdkfj;ksa dks vf/kd forrh; vf/kdkj nsus dk fu.kz; fy;k x;k gsaarn~uqlkj cqd vkwq Qk;uasf'k;y ikolz 1995] Hkkx &1 esa fueufyf[kr lsd'ku ds lkeus vafdr ljy dzekadks esa la'kks/ku fd;k x;k gs%& lsd'ku vf/kdkj ljy dzekad lsd'ku &1 ds dzekad 10]11]14]31]32]33]35]36&ch]38]39]42&,] lsd'ku&2 ds dzekad 1]2]3]9&,]15]32]36&, lsd'ku&3 ds dzekad 3 lsd'ku &4 ds dzekad 4]45]48]48&ch mijksdrkuqlkj la/kks/ku layxu gsaa cqd vkwq Qk;usaf'k;y ikolz Hkkx&1&1995 esa ftu izko/kkuksa esa la'kks/ku fd;k x;k gs] muds fo"k; esa ftu vf/kdkfj;ksa dks orzeku esa 'kfdr;ka izkir gsa] mudh 'kfdr;ka] ;fn os la'kksf/kr ugh dh x;h gs] rks ;Fkkor cuh jgsaxha 2- ;g la'kks/ku vkns'k U;k;ky;ksa dh O;oLFkk ij ykxw ugh gksaxsa 3- ;g la'kks/ku fnukad ls izhkko'khy gksxka e/;izns'k ds jkt;iky ds uke ls rfkk vkns'kkuqlkj

2 Ik`"Bkadu Hkksiky] fnukad 31 vxlr] 1996 izfrfyih %& 1-jkT;iky e/;izns'k ds lfpo Hkksiky 2- jftlv~kj] mpp U;k;ky;] e/;izns'k tcyiqj 3- lfpo] e/;izns'k fo/kku lhkk] Hkksiky 4- lfpo] yksd lsok vk;ksx] e/;izns'k] banksj 5- lfpo] yksd vk;qdr] e/;izns'k] Hkksiky 6- voj lfpo lkeku; iz'kklu fohkkx]hkksiky 7- voj lfpo lkeku; fohkkx] Hkksiky 8- eq[; ys[kkf/kdkjh oyyhk Hkou] Hkksiky 9- egkys[kkdkj]ys[kk,oa e/;izns'k] 10- lhkh lahkkxh; la;qdr] dks"k,oa ys[kk ias'ku] e/;izns'k 11- lhkh izkpk;z] ys[kk izf'k{k.k 'kkyk] e/;izns'k 12- lhkh dks"kky; vf/kdkjh] e/;izns'k (th-ih-fla?ky) lfpo e/;izns'k 'kklu] forr fohkkx vkj-f+=kikbh voj lfpo e/;izns'k 'kklu] forr fohkkx (2)

3 SECTION -I FINANCIAL POWERS UNDER MADHYA PRADESH FINANCIAL CODE Sr. No. Reference to existing Description Authority competent to exercised the Extent of delegation Conditions rules etc. powers MPFC Vol-I Rule-163 PWD Manual Vol-I (iii) Sale or dismantling Govt. Building under the administrative control of PWD. (iii) Executive Engineer (in place of S.E.) Upto capital cost of Rs. 30,000s Subject to a certificate of the Collector as required by GBC III- 8 that the building is not required by any other department or public undertaking or for any public purposesubject to the condition that it is certified by the Collector / Head of Department that the structure needs to be dismantled in public interest N.B. Works Manual would stand modified to the above extent. 11. MPFC Vol-II Appendix MPFC Vol-I Rule-264 FD Memo No. D- 3842/7205/R-IV/IV dt When accommodation is provided in a buidling partly used as a private residence by Government servant. Sanction advance for purchase of motor cycle / scooter / moped to Government Servants. 1. Administrative Department 2. Head of Department/Collector Head of Office (in place of Collector, Regional/ Divisional Head). Upto Rs. 400 p.m. Subject to the condition that the amount of the rent to be deducted from the Govetnment servant who occupies the building is as per rules.district will of District only. in other case In case of temporary Government Servants advance will be sanctioned on production of adequate security. 31. Note 3 below SR 115 of MPTC Vol I Power to grant permission for presentation of TA bill after one year from the date on which it became due. Head of Department (in place of Administrtave Deppt.) These powers are to be exercised in exceptional cases where delay is caused by circumstances beyond the control of the claimant. (3)

4 32. Power to grant permission for presentation of bill in respect of LTC after the prescribed time period Head of Department (in place of Administrtave Deppt.) These powers are to be exercised in exceptional cases where delay is caused by circumstances beyond the control of the claimant. 33. Power to grant permission for presentation of bill in respect of Medical Reimbursement after the prcscribed time period Head of Department/ (in place of Administrtave Deppt.) These powers are to be exercised in exceptional cases where delay is caused by circumstances beyond the control of the claimant. 35. MPFC Vol-II Rule-54 to 56 Powers to write off irrecoverable value of stores, losses of public money. (i) Administrative Department/ District (ii) collector (in Place of Head of Department) (iii) Officers of Works Depts. Rs lakhs Rs. 50,000/- To the extent Powers delegated to them in Works Departments Manual. Subject to the condition that the loss was not caused due to negligene or dereliction of duty by a Govt. servant which might necessitate recoveries from the derelict official and that the loss does not disclose a defect in the system / procedure / rules which need to be changed by FD for avoiding repetition of similar losses. Cases falling in the latter category must be referred to FD.District will exercise the powers in the cases of District only. in other cases power will be exercised by the Administrative Department. 36-B Power to dispose off surplus articles/storesby transfer to other departments or any other procedure prescribed by the Govrenment. Head of Department/District Officers of Works Departments Up to Rs. 2 lakhs To the extent of powers of write off delegated to them in the Works Departments Manual. District will of District only. In Other cases (4)

5 38 MPFC Vol-I Rule-54 Write off of petty losses or irrecoverable value of stores in theft caseswhich have resulted either in acquital or conviction of an official. (i) Administrative Department/ District (ii) Head of Department 39 MPFC Vol-I Rule-54 Write off of irrecoverable decretal dues (i) Administrative Department/ District 42-A. Power to sanction continuation of grantsin-aid (except new grant) to educational, technical or sports instututions non government organisations and Voluntary agencies in those cases where there is no change in the scope of activity or the strength of employees for which grant is claimed. (ii) Head of Department Head of Department/ District planning Committee Upto Rs lakh in each case. Upto Rs50,000 in each case. Upto Rs lakh in each case. Upto Rs.50,000 in each case.. Provided the writing off has been duly advised by the compentent Authority that it is not expedient to prefer an appeal or revision and in the case of conviction, all possible efforts are made to recover the value of stores lost.district will exercise the powers in the cases of District only. In other cases power will be exercised by the Provided adequate proof of irrecoverability is available.district Planning Committee will exercise the powers in the cases of District only. In other cases power will be exercised by the Head of Department. 1. Subject to availability of the utilisation certificate for the last year,statement of audited statements of accounts for the year before last and other conditions laid down in the grant-in-aid rules of the department. 2.District shall review the activity of the institution from time to time and shall be competent to cancel the sanctioned grant-in-aid for any orgnisation which has been geting this aid in the past 3..District will exercise the powers in the cases of District only. In other cases power will be exercised by the (5)

6 SECTION -II POWERS DELEGATED IN RESPECT OF CONTINGENT EXPENDITURE Sr. No. Reference to existing Description Authority competent to exercised the Extent to delegation Conditions rules etc. powers MPFC Vol-II Appendix -6 (28) Sanction purchase of instruments minor equipment and apparatus. (i) Administrative Department 2. MPFC Vol-I Rule-116 Sanction purchase of spare parts accessories and other stores, equipment for working of machines (excluding transport vehicles of the department). (ii) Head of Department/District (i)head of Department/District (ii) Collector Rs lakh Up to Rs. 25,000 (6) This does not include furniture, air coolers, water coolers and air conditioners, Photo Copiers, Computers, Celluar Phones, Risographes, and other items restricted for purchase by the Government from time to time. District will of District only. In other cases District will of District only. In other cases 3. MPFC Vol-II Appendix-6 (27) Sanction repairs to plant machinery and equipment. 9-A Sanction expenditure on organisation of workshops, seminars, exhibitions etc. (i) Head of Department/District (ii) Collector Head of Department Collector (in place of Regional/Divisional Head) Up to Rs. 25,000 Up to Rs. 10,000 District will of District only. In other cases Limits on items of expenditure shall be prescribed by the Government

7 15. MPFC Vol-II Appendix-6 (32) (a) To sanction expenditure on purchase of hot weather equipment. (i) Fans (ii) Head of Department/District.District will of District only. In other cases ) 32. Printing and Binding rules 1957 para 6, 24 & 36 Direct Government presses to print literature, pamphlates and leaflets etc. 1. Head of Departmen// District (in place of administrative department) 2. Collector Upto 10,000 in year. District Planning Committee will exercise the powers in the cases of District only. In other cases power will be exercised by the head of Department. 36-A Sanction replacement of office furniture Head of Department/Collector After the written off articles are disposed off and the sale proceeds deposited in the Government account.collector will exercise the powers in the cases of District only. In other cases power will be exercised by the (7)

8 (8) SECTION-III POWERS DELEGATED IN RESPECT OF BUDGET MATTERS Sr. No. Reference to existing Description Authority competent to exercised the Extent of delegation Conditions rules etc. powers Administrative approval and sanction of plan schemes for implementation on scrutinised items included in the budget. Administrative Department Rs. 5 crores Subject to observance of rules and norms. Head of Department/District Rs. 1 crore on scrutinised items included in the budget. Subject to observation of rules and norms including those pertaining to economy measures like, ban on creation of new posts, filling up of posts by deployment, ban on purchase of new vehicles, appointment on daily wages etc.district Planning Committee will exercise the powers in the cases of District only. In other cases power will be exercised by the Head of Department.

9 SECTION-IV POWERS DELEGATED IN RESPECT OF MISCLLANEOUS ITEMS OF EXPENDITURE Sr. No. Reference to existing Description Authority competent to exercised the Extent of delegation Conditions rules etc. powers MPFC Vol-II Appendix-6(7)(i) Supply of Camp equipments. Head of Department/Collector As per prescribed Scales Collector will exercise the powers in the cases of District only. For cases other than this the power will be exercised by the (9)

10 45. MPFC. Vol-I, rule 156 Carry out minor works on Government premises. 1. District 2. Head of Department 3.Collector Up to Rs. 1 lakh Up to Rs. 50,000 Up to Rs. 25,000 1.Subject to the conditions that the building is under the control of Administrative Department. MPFC. VOl-II Appendix- 6(12) 2.Expenditure is charged as contingent expenditure of the Department concerned. Works Departments Manual 3.Where such petty works exceed Rs. 25,000 the expenditure should be treated as "works expenditure" of the Department. 4.In the case of buildings in the charge of public works Department all works should be undertaken by the Public Works Department 5.In Forest Department expenditure on Works and repairs is treated as works expenditure irrespective of the limit of Rs. 25, District will exercise the powers in the cases of District only. In other cases power will be exercised by the 48. Commerce and Industry memo No. F-23/1/80/N- II dt To enter into contract for maintenance of Franking Machines, Computers & Photocopiers. /Collectors,/ Head of Office Payment should be made after entering into contract. 48-B To incur expenditure on maintenace of buildings not on the books of works departments. Head of Department//District Planning Committee District will of District only. In other cases (10)

WRIT PETITION No of Anil Kumar Jain. Versus. State of Chhattisgarh & others.

WRIT PETITION No of Anil Kumar Jain. Versus. State of Chhattisgarh & others. 1 HIGH COURT OF CHHATTISGARH ------------------------------------------------------------------------------------------- Single Bench: Hon ble Shri Justice Sanjay K.Agrawal -------------------------------------------------------------------------------------------