Rules for Registration of contractors executing works in the Kerala Public Works Department

1. (a) Only persons who have registered themselves as contractor under these rules are entitled to submit tenders for works.

The term 'works' includes (i) civil works and (ii) water supply and sanitary installation works.

(b) Civil Works & Water Supply & Sanitary Installation Works.- A contractor who is in the register of any circle in the Kerala P.W.D., can tender for these works in all the circles in the State. A contractor who is in the register of any Division in a particular circle, which has jurisdiction throughout the State, can tender for these works in all the Divisions including Subdivisions under that Circle and one in the register of a Subdivision can tender in all the Sub- divisions of that Division. Temporary special Divisions or Special Subdivisions are not authorised to register contracts or renew their registration.

2. For the purpose of registration, the contractors will be classified into four separate categories on the basis of their financial resources, professional experience and records, as follows.-

(i) A Category.-Those who are entitled to tender for all works in any office
(ii) B Category. -Those who are entitled to tender for all works upto Rs. 55 lakhs in any office.
(iii) C Category.-Those who are entitled to tender for works upto Rs. 15 lakhs within the area of jurisdiction of circle, where registered.
(iv) D Category.-Those who are entitled to tender for works upto Rs. 6 lakhs in a Division, where he is registered.

3. Registering Authority

Category	Registering Authority
A & B Category contractors	Superintending Engineers of Circles
C Category	Executive Engineers of all Divisions
D Category	Assistant Executive Engineers of all Sub Divisions

(b) The application for registration (click here to download the form No. I for registration) as contractor should he supported by a solvency certificate issued by the Revenue Department or a bank guarantee by a bank approved by Government (a Scheduled Bank) under the Bank Guarantee Scheme as follows-

Note:-The guarantee of the banks approved by Government (Scheduled Banks) under the Bank Guarantee Scheme will be accepted.

(b) Limits for various categories of contractors for taking up work

(c) Application for registration as a contractor should be supported by details about his financial stability and also his previous experience in works. Contractors for Water Supply and Sanitary Installation works should produce the plumbing licence issued by the competent authority along with the application for registration.

4 (a) The Registering authority will then scrutinise the applications for registration. He will then satisfy himself as to the financial capacity of the applicant and also his ability to take up and carry out the works in a particular category. He can if so needed, direct the contractor to produce before him satisfactory evidence towards this. If he is satisfied that the applicant can be registered as a contractor, he will be intimated of the fact (in Form II) and will be asked to remit a registration fee at the following rates :

The applicant will be registered as a contractor after remittance of this fee. The registration fee is not refundable. If for any reason, the contractor is not found fit for being registered, he will be intimated so. But this must only be a bare intimation of the fact that he is not being included in the list of registered contractors.

 (b) If any application for registration as a contractor is rejected, the registering authority should register in writing his reasons for denying registration. He should also intimate confidentially his reasons for denial to any application for registration to his next superior authority.

(c) No appeal will lie against this decision.

5. After registration of a person as contractor a registration card will be issued to him under the seal and signature of the registering officer in Form III. This card should be referred to in all the tenders submitted by him and be produced by the contractor, if and when called for by any officer of the P.W.D. If the original registration card is lost the authority competent to issue the original registration card may, on request made by the Contractor, after enquiring the bonafides and after obtaining an indemnity bond executed from the contractor, issue a duplicate registration card after levying a fine of Rs. 25 from the contractor along with the application for the duplicate card.

6. (a) The registration issued is valid only for one financial year. Registration cards are to be renewed every year. Application for renewal (click here to download the prescribed application form) are to be submitted before 1st January every year together with bank guarantee solvency certificate. This may, however, be extended up to 31st January, after realising a fine of Rs. 5 for such late application. Following fees shall be remitted for renewal of registration.

Category (Class)	Fees
A	Rs. 1000
B	Rs. 500
C	Rs. 300
D	Rs. 100

 

(b) The registering authority can renew the registration or refuse to do so at his discretion following directions for registration as in para 4. He may refuse renewal for the following reasons:

(i) Not being satisfied of the financial stability of the applicant.
(ii) Failure to execute satisfactorily a previous contract.
(iii) Poor quality of works executed..
(iv) Failure to put up schedule of progress of works or works taken up by the applicant previously.
(v) Or any other matter which, in the opinion of the registering authority, is undesirable.

7. A contractor who fails to get his registration renewed for an year can apply afresh the next year for registration only as a new contractor.

8. The registering authority shall, before 1st March, issue the renewal card or intimate the fact of having refused the request for renewal.

9. A list of applications for registration and renewal shall be maintained by each registering authority in Form VII. The reasons for refusal should be clearly specified in the register. The register will be confidential record in the custody of the registering authority. But it will be open to inspection by his superior officer and by Audit.

10. In case a, contractor desires to be enlisted simultaneously as a registered contractor for executing non-electrical works also he may make the required deposit in the appropriate category either for electrical work or non-electrical works where the deposit is the highest.

11. Application of the Rules.-These rules will not apply for the registration of L.C.C. Societies, B.S.S. and other workers' bodies which are governed by separate Government Orders and also in respect of works which are executed under the famine relief and flood relief rules.

1. For the purpose of registration, the electrical contractors will be classified into four separate categories on the basis of their financial resources, professional experience and record as follows:-

(i) A Category-Those who are qualified to tender for works upto any amount.
(ii) B Category-Those who are qualified to tender for works upto Rs. 75,000
(iii) C Category-Those who are qualified to tender for works upto Rs. 30,000
(iv) D Category-Those who are qualified to tender for works upto Rs. 5,000.

2. Enlistment of electrical contractors of all categories will be made by the Superintending Engineer of the concerned B & R Circle. Application for registration will be made in the prescribed form and should be supported by a solvency certificate by the Revenue Department or a Bank Guarantee by a bank approved by Government except in the case of electrical contractors coming under the ‘D' Category. The amounts upto which such certificate or Bank Guarantee should be insisted will be as follows:

A Category- Rs. 50,000
B Category - Rs. 25,000
C Category – Rs.12,000
D Category-No solvency Certificate or Bank Guarantee.

Note.-The guarantee of the banks approved by Government (Scheduled Banks) under the Guarantee Scheme will be accepted.

3. In the case of ‘D' Category of contractors, the cost of Works for which they can tender can be fixed as the financial powers vested with the Assistant Engineers of the Electrical Wing as this category of contractor need not produce any solvency certificate. The last sub para of Rule 4 (a) (b), Rule 5, Rule 6 (a) and (b), Rule 7, 8 & 9 under Appendix 1 will apply in respect of registration as electrical contractors in the P. W. D.

4. The contractors should possess a valid contractor's licence issued by the competent authority, viz., the Licensing Board under the Chief Electrical Inspector as per the Indian Electricity Rules.

5. The Electrical contractors taking up works under A Category under these rules should have an office capable of submitting bills regularly or works done provided for in the contract. This office should have sufficient technical personnel for submitting tenders in an intelligent manner and for supervision of works.

6. The contractor desiring enlistment in the 'A' category should have executed at least 5 works individually costing more than Rs. 25,000 satisfactorily. Those who desire to enlist as contractors in the 'B' category, should have executed at least five works individually costing more than Rs. 10,000 satisfactorily and those enlisting in 'C' category at least five works individually costing more than Rs. 2,500.

7. Any contractor who desires to be enlisted simultaneously in any category in electrical works also may make the required deposit in the appropriate category either for non-electrical works or for electrical works where the deposit is highest.

1 . Name of applicant (in Block letters)

2. Full address

3. Officer to whom application is made

4. In the case of individuals, who are partners of
Regd. Firms or in the case of firms of contractors,
the following details should be furnished:

(i) Whether the firm is a private/public limited concern or undivided Hindu Family individual or a regd. partnership firm (attested copies of Deeds Articles of Association be enclosed)

 (ii) Names of partners with their liabilities

(iii) Name of person holding power of attorney

(iv) Place of business

5. Category to which registration is sought

6. Details of financial capacity (enclose solvency
certificate or Bank guarantee)

7. Particulars of experience on works labour
command, equipment and other facilities on
hand and technical assistance available etc.

8. State whether he is registered contractor in
any other office in the P. W. D.

9. State whether the applicant was penalised in
connection with any contract with Government if so give details

10. State whether any of his previous applications
for registration in any of the Officers in
Kerala P. W. D. has been rejected

11. State whether the applicant or any of his
partners or shareholders is/are dismissed
Government Servant (s)

12. State whether the applicant has under his
employment, a dismissed Government servants

13. State whether the applicant has produced
Plumbing/Electrical Licence from competent
authority. (Only in the case of contractors
executing the specific type of works)

I have read and understood the rules regarding the registration of contractors published in G. O. (P) 69/PW dated 26-4-1969 and amended from time to time.

Station: Date: ..........................

Signature of the applicant

 

The rule for registration of contractors in the Kerala P. W. D. appended and Published in G. O. (P) 13/98/PWD dated 21.12.1998 shall form part of the conditions governing the Registration.

2. Demotion to Lower Class.
(a) The Registering Authority may, by order demote a contractor to a lower class if he:

(i) fails to execute a contract or executes it unsatisfactorily or is proved to be responsible for constructional defects revealed even after the expiry of the prescribed maintenance period, or;
(ii) has no longer the adequate equipment, technical personnel or financial resources. or
(iii) violates any important conditions of contract; or
(iv) is responsible for any other matter which would justify his demotion to a lower class taking into account the merits of the case.

3. Suspension of business:

Suspension of business may be ordered for an indefinite period, where pending full enquiry into, the allegations, the competent authority is of the view that it is not desirable that business with the contractor should continue. Such an order may be passed if the competent authority is prima facie of the view that the contractor, is guilty of an offence involving moral turpitude in  relation to business dealings in which, if established, would result in his removal /blacklisting.

4. Removal from the approved list.

(a) The Registering Authority may remove, the name of a contractor from the approved list if the contractor-

(i) fails to execute a contract or execute it unsatisfactorily or is proved to be responsible for constructional defects revealed even after the expiry of the prescribed maintenance period; or
(ii) has no longer the adequate equipment, technical personnel or financial resources; or
(iii) violates any important condition of contract; or
(iv) fails to furnish the required income-tax clearance certificate; or
(v) fails to abide by the conditions of Registration or is found to have given false particulars at the time of registration, or
(vi) is declared or is in the process of being declared bankrupt, insolvent, wound up, dissolved or partitioned; or
(vii) persistently violates the provisions of Labour Regulations and Rules.

5. Black Listing.

A contractor may be black listed for the following reasons:

(i) where there is sufficient and strong justification for believing that the contractor or his employee has been guilty of malpractices such as bribery, corruption, fraud including substitution of or interpolation in tenders, pilfering or unauthorised use or disposal of Government materials issued for specific works etc., or

(ii) where the contract or contumaciously refused to pay Government dues without sufficient reasons and where the Registering Authority is satisfied that no reasonable dispute attracting reference to arbitration or court of law exists for the contractor's action; or

(iii) where a contractor or his partner or his representative has been convicted by a court of law for offences involving moral turpitude in relation to lousiness dealings; or,

(iv) where security considerations including suspected disloyalty to the State or warrant; or

(v) where a contractor or his, partner or his agent is found to have abetted or induced: public servants, to indulge, in corrupt practices.

(vi) A show cause notice should be issued before inflicting the punishment of black listing". [vide., G.O (P) 24/76/PW. dated 30-1-76]

 6. Restoration.

The question of upgrading a (demoted) contractor lifting the ban on business, restoring the registration, withdrawal of blacklisting etc., may be considered at the appropriate time on the merits of each case by the authority who passed the original orders. Copies of orders revoking black- listing orders shall also be furnished to the Government in the concerned Administrative Department for communicating the orders to the Government of India.

Note. i. This registration will be valid only for one financial year ending 31st March, 20...
ii. The Registration card is to be renewed every year.
iii. Renewal application is to be submitted before 1st January every year together with an up-to-date Income-tax Clearance Certificate and a fee of Rs. 10 (not refundable).
iv. While tendering for works the No. of the Registration Card shall invariably be referred to and produced when called for.

7. Contractor's technical personnel for supervision:
The contractor has to employ following technical personnel to supervise the work.

1. Name of applicant (in Block letters)

2. Full address

3, Officer to whom application for renewal is made

4. Category of Registration

5, Previous Registration No. and the year from
which he continues to be on the rolls

6. Details of financial capacity (enclose solvency
certificate or Bank Guarantee if the period of Bank
guarantee already produced in previous year has elapsed)

7. Particulars of experience on works, labour
command, equipment and other facilities on
hand and technical assistance available -

8. State whether the applicant was penalised in connection
with any contract with Government. If so, give details

9. Whether the applicant under his employment,
a dismissed Government Servant.