elsewhere in these Rules, a construction work or service incidental thereto, the cost estimate of which does not exceed Six million rupees, may be done through or obtained from a user committee or beneficiary community.
(2) For the purposes of Sub-rule (1), the public entity may solicit proposals by publishing a public notice setting out the nature, quantity and cost of the concerned work or service, amount that a user committee
Amended by the Second Amendment
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or beneficiary community is to bear or should bear and other necessary matters or such committee or community may itself submit a proposal or application.
(3) Upon receipt of a proposal or application referred to in Sub-rule (2), the concerned public entity and such user committee or beneficiary community shall hold discussions, negotiations or make site visits, as required, and enter into the procurement contract in relation to such work or service. Such contract shall set down the following matters:
(a) Nature, quantity and cost estimate of the construction work or service, amount that the user committee or beneficiary community is to bear or should bear, period for the completion of the work or service,
(b) The public entity is to prepare and approve the design, cost estimate of the concerned work, give technical advice, make measurement, test and clearance, provide other required technical assistance, and make supervision and quality control,
(c) The construction work or service is to be completed or provided with the participation of the public entity and the user committee or beneficiary community,
(d) The user committee or beneficiary community shall be responsible for the operation or repair and maintenance of the completed construction work, (e) Advance to be provided by the public entity to the
user committee or beneficiary community,
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(f) Terms and mode of payment for the completed construction work or service,
(g) Other necessary matters.
(4) In providing the task of construction work or service to a user committee or beneficiary community, payment shall be made only after deducting the value-added tax, overhead contingency amount and portion of public participation set forth in the cost estimate referred to in Clause (b) of Sub-rule (3).
(5) After the conclusion of the procurement contract pursuant to Sub-rule (3), the public entity may make an advance of amount not exceeding one third of the contract price to such committee or community. The public entity shall make settlement prior to making payment of the final installment of advance so made.
(6) The user committee or beneficiary community shall get the technical evaluation of each installment, bills, receipts and other documents substantiating expenses endorsed by the meeting of such committee or community and submit the same to the concerned public entity.
(7) The user committee or beneficiary community shall post the information of expenses made by it in each installment on a public place.
(8) If the public entity is not able to provide technical assistance to the user committee or beneficiary community for the concerned task, the committee or community itself may appoint on contract the technical human resources required for that task. Remuneration to be paid to the technician so appointed shall be paid from the contingency deducted by the public entity. Provided that such remuneration shall not exceed three percent of the cost estimate.
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(9) Heavy machines such as a loader, excavator, roller, dozer, grader bitumen distributor and bitumen boiler shall not be used in a construction work to be conducted by a user committee or beneficiary community.
(10) A user committee or beneficiary community shall itself complete the work provided to it; and such work shall not be sub-contracted to any construction entrepreneur or sub-contractor. If for any reason the committee or community is not able to complete that work itself in time, it shall give information thereof to the public entity. Upon receipt of such information, the public entity shall make necessary inquiry there into, break the contract entered into with such committee or community and procure the remaining work in accordance with the Act and these Rules.
(11) After the user committee or beneficiary community has completed the construction work, it shall get the work checked and cleared by the technical employee deputed by the concerned public entity and submit statements of total expenses including the amount received from such entity and labor, cash or in-kind contributed from public participation to that entity. The concerned public entity shall maintain records of the statements so received.
(12) After the completion of a construction work pursuant to Sub-rule (11), the public entity shall transfer the ownership of project to the user committee or beneficiary community, also specifying the responsibility for the repair, maintenance and care of such project.
(13) If a user committee or beneficiary community is found to have abused any amount received by it, the concerned public entity shall inquire into the matter and recover such amount from the office-bearers of the user committee on pro rata, as a governmental due. It shall be the duty of the concerned Chief District Officer to render assistance to such entity in the recovery of such amount.
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(14) The Public Procurement Monitoring Office may determine the procedures to be adopted by a public entity in relation to the following matters in procuring work from a user committee or beneficiary community pursuant to this Rule:
(a) Determination of labor-intensive work,
(b) Mode of formation and functions, duties and powers of a user committee or beneficiary community,
(c) Method of enhancing economy, quality, sustainability of work or service,
(d) Maintenance of records of incomes and expenses, (e) Supervision and monitoring of work or service, (f) Clearance, test and acceptance of construction
work, and
(g) Other necessary matters.
(15) A user committee or beneficiary community may specify the service charge to be paid by users for using the service of a project transferred pursuant to Sub-rule (12) and shall establish any fund to which such charge is credited and operate and maintain such construction work from that fund.
98. Procurement of construction work by or through force account: (1)