Instructions regarding enlistment of contractors in Punjab Mandi Board

No individual, or a firm having such individual as one of the partners who is dismissed government servant , or removed from approved list of contractors , or demoted to lower class, or having business banned/suspended by any government department in the past, or convicted by a court of law shall be entitled for enlistment

No Engineer or any other official employed in Engineering or Administrative duties in the Engineering Department of the Government of Punjab or Punjab State undertaking is allowed to work in the Punjab Mandi Board either as contractor or as employees of a contractor for a period of three year after his retirement from Government service unless he has obtained prior permission of Government of Punjab to do so. Even after enlistment if either the contractor or any of his employees is found to be a person who had not obtained the prior permission of Government of Punjab as aforesaid the name of the contractor shall be removed from the list of enlisted contractors.

A contractor is permitted to have enlistment in more than one category and under more than one enlistment authority but not in more than one class of the category in Punjab Mandi Board .

A contractor is not permitted to have enlistment in more than one name

A partner of a firm or a director of a company enlisted as a contractor cannot be a partner/director in any other enlisted firm/company .

The enlistment of contractor category in Punjab Mandi Board shall only entitle him to be considered for issue of tender papers subject to the conditions laid down in individual Notice inviting Tenders .It shall not confer any right on him either to be necessarily issued the tender papers of for award of work .

2. 
   Enlistment Procedure
   

be reject

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ted. The jurisdiction of Superintending Engineer’s and Executive Engineer’s is given in the Annexure-X.

The enlistment authority shall have the right to independently verify the details furnished by the contractors and to get works done by the contractor inspected and /or get such other reports as may be considered necessary .Ordinarily works executed in Punjab Mandi Board need not be inspected . The inspection teams for inspecting the non Punjab Mandi Board works of the contractor shall furnish their report on quality of constructions workmanship etc.& make specific recommendation to the enlistment authority within one month . The inspection / recommendations committees will consist of committees as given in table I . In cases the Superintending Engineer is acting as enlisting authority , the documents of the applicant falling under the jurisdiction of Superintending Engineers(Chandigarh/Electrical) will be scrutinized by Executive Engineer (Civil) Mohali at Chandigarh and put up the case to enlistment authority along with the report of the recommendations committees . The applicants falling under the jurisdiction of Superintending Engineers(LDH,BTI & JAL), the Executive Engineer situated in the district where the applicants reside will scrutinize the application and put up the case to the enlistment authority. If the enlistment authority finds the contractors suitable for enlistment, shall issue the enlistment order or otherwise send a letter of rejection of the application to the contractor . The decision of the enlistment authority shall be final and binding on the applicant. Refund to the extent of 90% enlistment fee remitted with the application shall be made to rejected applicants .

Notwithstanding above procedure. if the applicant contractor for class –iv (Civil ) Class –III (PH) and Class-III (Elect) does not have the required experience ,he shall be enlisted provisionally for one year. after fulfilling the requirement of financial soundness , during which he shall have to secure work of any magnitude to become eligible for regularization of the enlistment . The enlistment fee for provisional enlistment for one year shall be 50% of the enlistment fee for regular enlistment .For these classes there is recommendations committees and concerned Executive Engineer is the competent authority for enlistment . On satisfactory completion of the work, his enlistment may be regularized for three years from the date of initial provisional enlistment depending upon the performance on the work and deposit of balance 50% fee .In case the contractor is not able to secure any work in Punjab Mandi Board during the year ,his enlistment shall be extended for one year further after obtaining the balance 50% (Rs 2500/-) enlistment fees from the contractor at his own request. In case the contractor is not able to secure any work in Punjab Mandi Board during the two years his enlistment shall be cancelled and he shall be debarred from applying a fresh for enlistment for one year .

Note : For Hot Mix Plant (HMP) category where a new Hot Mix Plant installed by a firm/Contractor shall be enlisted provisionally for one year without any work experience. All other terms and conditions shall remain same.”

3 Period of enlistment

The enlistment shall be valid for a period of three years. The enlistment can, however be revalidated in accordance with rules in this regard. Each revalidation shall be for a period of three years from the date of expiry of the previous enlistment or revalidation. The enlistment shall be open to review by the enlistment authority and

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liable to termination suspension or any other such actions any time if considered necessary by the enlistment authority after a show cause notice

The contractors enlisted in various Categories and classes shall be entitled to give tender in the State of Punjab for various works being executed by Punjab Mandi Board and the tendering limit up to which they shall be eligible to tender shall be as given in table. The contractor enlisted for HMP category, however can give tender for road works up to limit of one crore. The contractor shall be governed by the rules provisions and instruction existing at a particular point of time irrespective of when he was enlisted.

The contractors shall have to satisfy the minimum eligibility criteria specified in Table -1 before they can be considered for enlistment.

The criterion for experience shall be the execution and completion of there or more works satisfactorily as the case may be , of prescribed nature and magnitude on agreement basis, during the last three years. The works should have been executed in the same name & style in which the enlistment is sought. The financial soundness shall be judged on the basis of the solvency certificate to be issued by Tehsildar/ scheduled Bank and the working capital certificate to be issued by the bankers of the contractor on the format prescribed in Annexure V. Such certificate shall be issued by a scheduled bank and shall be submitted, in original in a Bank sealed cover addressed to the enlistment authority. The working capital shall be 10% of the tendering limit under each category or otherwise as mentioned in the Table-1. The contractors/firms may furnish the liquid assets certified by Charted Accountant in place of working capital certificate and also submit yearly turn over for last three financial years. The Contractors/Firms shall have been minimum machinery/ equipments at his own as indicated in table 1-A.
7 Enlistment Fee

The intending contractor falling in the jurisdiction of Superintending Engineers(South/East/Electrical) shall forward the completed applications to the enlisting authority along with a non-refundable enlistment fee by crossed Demand Draft

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drawn in favour of the Executive Engineer(Civil) Punjab Mandi Board , Mohali at Chandigarh payable at Chandigarh and tendering contractors falling in the jurisdiction of Superintending Engineers(North/Central) shall forward the completed applications to the enlisting authority with non-refundable fee by crossed demand drafts drawn in favour of the Executive Engineer(Civil) in which district his residence falls. For various categories and classes of enlistment, the fee is as given in table I. This fee is to be submitted along with application form to the enlisting authority .

Funds collected by way of sale of application form and fees for enlistment./revalidation of enlistment. with Punjab Mandi Board shall be utilized for construction, improvement renovation of existing offices, automation of office , setting up of Labs, expenditure on quality control tests by Superintending Engineer/Chief Engineer. Providing technical literature /books to staff, technical training to staff and stationery /printing of forms /certificates etc.

The contractors shall produce a valid income tax PAN number along with his application for enlistment.

The contractor shall produce a valid Sale tax / VAT number issued by the Sales Tax/ Vat department or attested copies of latest challans alongwith the application for enlistment.

The intending contractors of Electrical category shall have to produce valid electrical license from the Chief Electrical Inspector of the State of Punjab. The license shall be kept valid throughout the period of enlistment by getting it renewed at suitable intervals and submit attested copy of the same to the enlistment authority after each renewal .

The contractor, firm /societies will have to submit copy of allotted E.P.F. code No. to become eligible for enlistment .

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12 Change in Constitution of Firm

The contractor/firm/ L & C Society shall not modify the existing partnership/membership or enter into any fresh partnership without the prior approval of the enlistment authority . Such proposal, if any shall be submitted in advance giving full details of the intended partnership/sole proprietorship along-with the draft partnership deed/affidavit and documents as per Annexure-VI, Any change in status of the contractor as an individuals or in constitution of the firm without prior approval of the enlistment authority will render the contractor /firm / L& C Society liable to be removed from the approved list of contractors .

If a firm is converted in two or more firms by any action of its partner, the new firm(s) or any separated partner(s) in his (their) individual /joint capacity shall have to apply for enlistment afresh and shall be governed by the eligibility criteria given in Table-I

If new partners are taken in the firm , the eligibility criteria mentioned in Table-I shall be applicable .

If the number of original partners of a firm reduces to less than half due to any reason including death of partners (s) the enlistment of the firm shall be withdrawn and the remaining surviving shall have to seek fresh enlistment .

13 Change in Address

1. 
   While applying for enlistment , the contractor should mention address of his Registered Office as well as Head Office ,if different . All documents i.e .ITCC Sale Tax Clearance Certificate ,Solvency ,Certificate , Electrical License etc. should bear one such address otherwise the same shall not be accepted .
   
2. 
   The contractor shall intimate the change of address. If any in advance or maximum within one months of such change . Failure to do so may result in removal of the name of the contractor from the approved list of contractors.
   

Individual contractors /partners in a partnership firm/members of Cooperative L &C society whose near relatives are Divisional Accountants or Engineering Officers between the grades of Chief Engineer and Junior Engineer(both inclusive ) in the Punjab Mandi Board shall not be allowed to tender for works falling in the jurisdiction of the office responsible for award and execution of contract where the near relative is working for this purpose , a near relative shall mean wife, husband, parents grand parents ,children, brothers, sisters , first uncles, aunts, first, cousins and their corresponding in laws.

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15 Review of Approved List of Contractors

The Contractors shall be required to secure works of appropriate magnitude in Punjab Mandi Board and other departments of state during the revalidation/ enlistment period , Contractors shall be liable to be black listed for non observance of enlistment rules instructions for this purposes the enlistment authority shall have the power to periodically reviewed the list of contractors.

The validity of entitle enlistment of the contractors shall the as given in Para 3 above it shall, however the revalidated on merits if desired by the contractor . Only the contractors who has secured at least one work of appropriate magnitude in P.W.D.( B & R) department , Punjab Mandi Board ,PUDA ,Local Bodies of Punjab Government ,Chandigarh Administration etc.during the period of enlistment or last revalidation period of enlistment as the case may be shall be considered for revalidation .

The contractors shall apply for revalidation of his enlistment in the prescribed form (Annexure-VIII) along with all documents as per the Annexure-IX , so as to reach the enlistment authority at least one month before expiry of his enlistment .

The .fees for renewal in a particular category /class be 100% of the fees required for fresh enlistment of last category, However the contractors /firms /societies applying for renewal /revalidation within the enlistment period will be given 10% rebate .

On receipt of application for revalidation within the enlistment period , complete in all respect and with all the necessary documents , provisional extension up to six months from the date of expiry of the enlistment / date of issue of order, which ever is later may be issued .

The contractor /Firms /societies after gaining the requisite experience and fulfilling the other conditions as specified in table-1 can apply for higher class in the category in which he is enlisted along with all documents and fee as per above para-2

The contractors should fill the detail of each of the work , of appropriate magnitude secure by him during the last revalidation/ the enlistment period , in the Performa as given the Annexure-VII .

The list should include all works secured by him during the above mentioned period .In case , the contractors conceals any information , his revalidation will be liable to be cancelled .

The contractor should fill up the detail in the Performa as given in Annexure-VII, in duplicate For each work, separate Performa should be filled . One copy of all the Performa should be given to the concerned Executive Engineer of the division , in which the work was executed and the acknowledgement obtained on the second copy of the Performa The 2^nd copy should then be submitted to the enlisting authority along with the application for revalidation.

The Executive Engineer should fill up the Performa and submit to the Enlistment Authority within two weeks of receipt of Performa .

The revalidation shall be done on the basis of review of the performance of the contractors pertaining to the period of enlistment / revalidation. Cases shall be categorized and action taken as below:-

1. 
   Case A : Enlistment of such contractors , who secure work(s) of appropriate magnitude as per table-1 during period of enlistment/ revalidation shall be considered for revalidation for a period of three years subject to evaluation of their performance .
   
2. 
   Case B: Enlistment of contractors , who secured work (s ) of appropriate magnitude as per table-1 recently , in the final year of their enlistment because of which the performance cannot be properly judged ,shall be extended for one year for watching the performance and then revalidated for three years if found satisfactory .
   
3. 
   Case C: A contractor who could not secure any work during the enlistment period but submitted three or more tenders(out of which at least one tender should be during the first One year of enlistment / revalidation ) for works of appropriate magnitude shall be eligible for extension of enlistment for one years .provided he was among the three lowest tenders in at least one work so as to enable him to try to secure at least one work .After one year , he shall be regularized in the following manners .
   

a) If he has not been able to not secure any work of appropriate magnitude during the extended one year , his enlistment shall stand cancelled and he shall be entitled to apply for fresh enlistment only after one year of expiry of his extended enlistment.

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2. 
   If he has secured at least one work of appropriate magnitude during the extended one year , he shall be granted extension of one more years so as to watch his performance , After this one year when his performance report is available the same shall be evaluated and if found satisfactory, the enlistment shall be revalidated for three years.
   

The contractor should fulfill all his obligations in a manner as specified, failing which he shall be liable for action as mentioned therein. Some of the obligations are summarized below.

1. 
   Prior approval shall be obtained from the enlisting authority before changing the constitution of the firm/company.
   
2. 
   Intimation of change of address should be given in advance or within one month.
   
3. 
   He should obtain valid electrical license for the State.
   
4. 
   He should secure at least one work of specified magnitude during the period of enlistment/ revalidation.
   
5. 
   He shall abide by these rules.
   
6. 
   He should not indulge in unethical practices.
   
7. 
   He shall execute the works awarded to him strictly as per the terms and
   

The contractor shall have to abide by all the rules/instructions of enlistment and also by the terms & conditions of contract and the Notice Inviting Tenders. He shall have to execute the works satisfactorily on time and with good quality. The enlisting authority shall have the right to demote a contractor to a lower class, suspend business with him for any period. debar him or remove his name from the approved list of contractors after issue of show cause notice. Decision of the Department shall be final and binding on the contractor . The following actions of the contractor shall, in general make him liable to disciplinary actions .

1. 
   Demotion to lower class . The contractor shall be liable to demotion to a lower class, by the enlisting authority , if he ;
   

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1. 
   Fails to execute a contract or executes it unsatisfactory or is proved to be responsible for construction defects; or
   
2. 
   No longer has adequate equipment technical personnel or financial resources, or
   
3. 
   Is litigious by nature; or
   
4. 
   Violates any important conditions or contract or
   
5. 
   Is responsible for a conduct, which may justify his demotion to a lower class.
   
6. 
   Suspension of Business : The enlistment authority may suspend business with a contractor for indefinite period where, pending full enquiry into allegations the enlistment authority is prima facie of the view that the contractor is guilty of an offence in relation to business dealings which when established would result in his removal/ banning business with the contractor .
   

1. 
   Removal from the approved list. The name of the contractor may be removed from the approved list of contractors, by the enlisting authority ,if he .
   

1. 
   has on more than one occasion , failed to execute a contract or has executed it un- satisfactorily, or
   
2. 
   is proved to be responsible for constitutional defects in one or more works or has executed one or more works or which were found to be substandard during the course of departmental enquiry against delinquent officials ,or
   
3. 
   persistently violates any important conditions of the contract or
   
4. 
   fails to abide by the conditions of enlistment , or
   
5. 
   is found to have given false particulars at the time of enlistment , or
   
6. 
   has indulged in any type of forgery or falsification of records, or
   
7. 
   changes conditions of the firm or individual without prior approval of the enlistment authority or
   
8. 
   Change permanent address/business address without intimation to the enlistment authority , or
   
9. 
   is declared or is in the process of being declared bankrupt, insolvent, wound up, dissolved or partitioned, or
   

10. 
    Persistently violates the labour regulation and rules or
    
11. 
    is involved in complaints of serious nature received from other departments which prima facie appear to be true or
    
12. 
    Default in settlement of tax dues like income tax , contract tax, sales tax, EPF octroi duties etc.
    

22. 
    Revision/Modification of the instructions
    

The applicant should study carefully the Rules/Instructions of Enlistment and the list of documents to be annexed with the application form filling the form . Application found deficient in any respect is liable to be rejected without any further correspondence .

Class Category

1. Name of applicant Shri/M/s__________________________________

2 Nationality Indian Other

3 Address ----------------------------------------------------------

Regd.Office __________________________________

_________________________________

E-mail ___________________________________

5

Constitution Individual

Sole Proprietorship

Private Limited Company

6. 
   If partnership fir, names of the partners/if company, name of director
   

1. 
   _____________________________________________
   
2. 
   _______________________________________________
   
3. 
   _____________________________________________
   
4. 
   _______________________________________________
   

5_____________________________________________

6_____________________________________________

7 Is the individual/sole proprietor/any Partner/director of company

a

) Dismissed Government Servant Yes No

) Removed from approved list of contractors Yes No

c

) Demoted to a lower class of contractors Yes No

) Having business banned/suspended Yes No

by any government in the past

e

) Convicted by a court of law Yes No

) Retired engineer/official from engineering Yes No duty in Government of Punjab or Punjab

Govt. under-taking within last three years
G

) Director or partner of any other company Yes No

or any other department

h

) Member of Parliament or any State Yes No

If answer to any of the above is yes, furnish details on a separate sheet

8) a) Name of persons holding power of attorney ___________________

c) Liabilities ________________________ _________________________

9) Name of Bankers with full address __________________________ ________________________

________________________

­­­­­­­­­­­­­­­­­­­­­­­­­________________________

10 Place of Business ________________________

11 Full time technical staff in applicant’s employ;

As per Table 1

12 Does the applicant have sufficient T & P machinery, equipment and workshop

as per requirements mentioned in the enlistment Rules for the class & category

applied for (Attach details on separate sheet for owned & hired )

yes No

13. 
    Does the applicant possess Valid Electrical License(for electrical)
    

13. 
    a) Whether already enlisted with any other department .
    

b) If yes, give details _________________________________

i) Name of Department _________________________________

ii) Class & Category _________________________________

iii) Enlistment Authority & Address _________________________________

iv) Enlistment No. & Date _________________________________

v) Date of Validity _________________________________

vi) Tendering limit. _________________________________

13. 
    Is any person working with the applicant is a near relative of the officer /official. of Punjab Mandi Board (see rules 14 of the Enlistment Rules)
    

13. 
    Enlistment fee enclosed .
    

13. 
    Details of works completed and in progress during the last 3 years (to be filled in Performa as given in Annexure III. This list should included all works whose gross amount of work done is more than the required magnitude for the class in which registration is required .
    
14. 
    Certificate from Clients in original as per Performa given in Annexure Iv for all eligible works.
    
15. 
    Certificates :
    

(i)	I/We (including all partners) certify that I/We have read the rules of Enlistment of Contractors in Punjab Mandi Board as amended upto date and shall abide by them.
(ii)	I/We certify that the information given above is true to the best of the knowledge. I/We also understand that if any of the information is found wrong, I am liable to be debarred.
(iii)	I/We certify that I/We will not get myself/ourselves registered as contractor under more than one name.
(iv)	I certify, that I did not retire as an Engineer of Gazetted rank or as a Gazetted Officer employed on Engineering or administrative duty in any Engineering Department of the Government of Punjab/Punjab State undertakings during the last three years. I also certify that I have neither such a person under my employment not shall I employ any such person within three years of his retirement except with the prior permission of the competent authority (For individuals seeking enlistment in their own name.) We certify that none of the partners/Directors retired as an Engineer of Gazetted rank or as any gazetted officer employed on Engineering or Administrative duties in last three years. We also certify that we have neither under our employment any such person nor shall be employee any person within three years of his retirement except with the prior permission of the Competent authority (For partnership firms and limited companies). (Strike out whichever is not applicable)
	Signature(s) of applicant(s) Name Signature Address.
1	_______________	_______________	_______________________
2	_______________	_______________	_______________________
3	_______________	_______________	_______________________
4	_______________	_______________	_______________________

ANNEXURE – X

THE CONTRACTORS

Subject:- Revalidation of Contractor in Category as Class – ( ) in Punjab Mandi Board.
Certified that M/s / Shri. _________________________________________________________
have submitted tenders for the following works.

S.No	Name of the Work	Date of Tender	Estimated cost put to tender.	Position of tender

Signature of Executive Engineer

with full address and office seal