CHAPTER-2 ANNEXURE-2 (c.f. Para 2.16) Copy of Memo No. 85/3/63 P.I Dt.

t. 14th March, 1966 (Phanguna, 1887) Ministry of Supply & Technical Development, New Delhi.

Memorandum Sub: Notification relating to the execution of contracts and assurance of properties on behalf of the President under Article 299 of the Constitution. The undersigned is directed to forward herewith a copy of the notification issued by the Ministry of Law on the Ist February, 1966 for information and guidance.

( R. DAYAL ) Under Secretary to the Govt. of India To 1. The DGS&D, New Delhi (5copies). XX XX XX

( R. DAYAL ) Under Secretary to the Govt. of India

Copy of notification No. F.17(i)/64-3, dated the Ist February, 1966, from Ministry of Law, to the Manager, Government of India Press, New Delhi.

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G.S.R. ________________ In exercise of powers conferred by Clause (i) of Article 299 of the Constitution, and its supersession of the notification of the Government of India in the Ministry of Law No. G.S.R. 1161 dated the Ist December, 1958, the President hereby directs that the under mentioned contracts and assurances of property made in the exercise of executive power of the Union may be executed on his behalf as follows: 1. In the case of all Ministries/Departments of Central Government including their attached and subordinate offices, the Cabinet Secretariat, the Presidents Secretariat, the Prime Ministrys Secretariat, Union Public Service Commission, the Election Commission, Central Vigilance Commission, and the Secretariat of either House of Parliament. A.1 Contracts and other instruments relating to advances granted to Government servants or the purchase of motor cars, motor cycles, cycles or houses or for building houses, or for medical attendance and treatment or for festivals, marriages, funerals or other ceremonies or for relief against floods etc. or advances of pay and traveling allowances on transfer and tour, or advances of pay to persons proceeding on deputation abroad, or advances in respect of the Travel Concession Scheme during regular leave; where the advance is sanctioned by Department of Central Government, by an officer empowered to authenticate orders and other instruments under clause (2) of article 77 of the Constitution and in other cases by the authority sanctioning the advance. Provided that such contracts and other instruments may also be executed in the cases of the Central Public Works Department and Directorate General of Supplies and Disposals by the Director of Administration in the respective Departments, in case of the Central Water and Power Commission by the Secretary to the Commission, in the case of Central Vigilance Commission by an Under Secretary in the Commission and in case of the Intelligence Bureau of the Joint Director (E) or Deputy Director (E) at Headquarters and in the case of Defence Accounts Department or in their absence, by the Joint Controller of Defence Accounts. Provided further that in the case of an Indian Mission or post in a foreign country, such contracts and instruments may also be executed by the Head of Mission or post.

EXPLANATION :- The term Head of a Mission or Post includes a High Commi9ssion, a Deputy High Commission as Assistant High Commissioner, An Ambassador, a Minister, a representative, a charged, Affairs, a Consul General a Consul and a Trade Agent. 2. Contracts and other instruments in respect of accommodation provided in rented buildings (i) for catering in hostels and tiffin rooms (ii) for the protection of conveyances belonging to the staff working in such rented buildings and (iii) for co-operative stores/ societies/banks/canteens run by employees associations/societies by the Head of Department/Office which in occupation of the building and is responsible for the payment of municipal taxes etc. 3. Indemnity Bonds relating to conveyance and transport at Government expenses of families and personnel effects of government servants who die while in service, by the Head of office under whom the deceased government, servant last served. 4. Contracts and other instruments relating to the (i) payment of advance to the (i) payment of advance subscriptions for the purchase of newspapers, magazines, periodicals etc. (ii) purchase, supply and conveyance or carriage of materials, stores and machinery; by the Head of Office concerned. 5. (i) Instruments relating to the re-assignment of insurance policies assigned to the Governor General before the 26th January, 1950 and the President on or after that date in accordance with the rules regulating the Workmens Contributory Provident Fund from which policy is financed by the Accounts Officer of the Fund as defined in the rules of the Fund. (ii) Instruments relating to the assignment of Insurance policies in favour of President in accordance with rules regulating the Workmen Contributory Provident Fund from which the policy is financed by the Accounts Officer of the fund as defined in the rules of the Fund. B. 1. Surety Bonds relating to the grant of pension to Government Servants or provisional pension to displaced Government servants, by the authorities sanctioning the pension or provisional pension. 2. Security Bonds of Cashiers and other Government servants and/or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof, by the Head of Office concerned. C. Pledge and release of Postal Savings Certificate and Post Office Savings Bank Accounts as Security by only those Gazetted Officers of the Central Government wo for due performance of their duties, are required to accept and release securities.

D. All guarantee undertakings to pay water and Electric charges to the Delhi Municipal Corporation/New Delhi Municipal Committee on behalf of the Government servants (including gazetted officers) etc. employed in the Central Government ; by the Head of office concerned. E. All instruments appointing attorneys and Counsel ; by the officers empowered to authenticate orders and other instruments under clause (2) of article 77 of the Constitution. XLI. Notwithstanding anything hereinbefore contained, any contract or assurances of property relating to any matter whosoever may be executed by Security or the Special Secretary or the Additional Secretary or a Joint Secretary or a Director, a Deputy Secretary to the Central Government in the appropriate Ministry or Department and in the case of the Secretariat or either House of the Parliament, by the Secretary or Joint Secretary of that House, and in the case of Union Public Service Commission, by the Secretary or Joint Secretary of the Commission and in the case of the Presidents Secretariat by the Secretary to the President or Under Secretary, Presidents Secretariat and in the case of Prime Ministers Secretariat by the Secretary or the Joint Secretary to the Prime Minister or the Private Secretary (Administration) or Additional Private Secretary (Administration) to the Prime Minister and in the case of Election Commission, by the Secretary, Election Commission and in the case of Central Vigilance Commission, by the Secretary, Central Vigilance Commission. XLII. Where any business of any Department is, by virtue of re-organization or otherwise, transferred to any other Department, whether exiting or new, references in this notification to the Department from which such business, be construed as references to the Department to which it has been transferred. EXPLANATION: In this paragraph Department means any Ministry, Department, Secretariat or office of the Government of India. Sd/(G.H. Rajadhyaksha) Additional Secretary of the Govt. of India XIX. In the case of Ministry of Supply and Technical Development A. In the case of Directorate General of Supplies & Disposals and the Indian Supply Mission, Washington. 1.(a) All the contracts and instruments relating to purchase, supplies and conveyance, or carriage of materials stores machinery etc. (b) Security Bonds for due performance and completion of works and /or contracts and all other instruments relating to any security for due performance and completion of works/or contracts.

 and

All instruments connected with the re-conveyance of property given as security;

(d) All instruments relating to execution of works of all kinds connected with the additions and alternations to buildings and plants and with foundations and housing of machinery and electric and sanitary installation; by a Deputy Secretary to the Government of India, Department of Supply and Technical Development, Directorate General of Supplies & Disposals, special Director General, Additional Director General, Deputy Directors General (Supplies). Deputy Director General (Supplies & Disposals), Directors, Deputy Directors, Assistant Directors (Grade-I) or Assistant Directors (GradeII) of Supplies and/or Disposals. Section Officers of the Central Secretariat Service in purchase sections in the Directorate General of Supplies & Disposals, Officer on Special duty (Accounts) in the Directorate General of Supplies & Disposals or the Director General, India Supply Mission, Washington or Deputy Directors General, Directors of Purchase or Assistant Directors working under him. (a) All contracts and instruments relating to disposal of surplus, obsolete or waste stores located in India and belonging to the defence services, Civil Departments of the government of India, State Governments or quasi government Institutions such as Port Trusts, Court Commissioners etc., the Government of United Kingdom or other foreign Governments; by a Deputy Secretary to the Government of India in the Department of Supplies & Disposals, Deputy Directors General (Progress and Supply), Directors of Supplies and/or Disposals, Deputy Directors, Assistant Directors Grade-I or Assistant Directors Grade-II of disposals or Section Officers of the CSS in the Directorate General of Supplies & Disposals. (b) All contracts and instruments relating to disposals or surplus, obsolete or waste stores located in the United States of America and belonging to the Defence Services, Civil Departments of the Government of India. State Governments or quasi Governments Institutions such as Port Trust, Court Commissioners etc. by the Director General of India, Supply Mission Washington or Deputy Director General, Directors of purchase or Assistant Directors working under him. All contracts and instruments relating to disposals of surplus, obsolete or waste stores located in the United Kingdom and belonging to the Defence Services, Civil Departments of the Government of India. State Governments or quasi Governments Institutions such as Port Trust, Court Commissioners etc. by the Director General of Indian, Supply Mission London, Deputy Director General India Supply Mission, London, Directors of purchase, Assistant Directors of purchase, Controller of senior Executive Officers of the India Supply Mission, London. (d) Contracts for or relating to, the manufacture, sale, purchase of supply of goods or for or relating to the affreightment or the carriage of goods, or insurance, in the Indian Supply Mission, London under the control of High Commissioner of India in the United Kingdom and subject to such rules and regulations as the said High Commissioner with the approval of the President, may prescribe, by the Director General, Deputy Directors

General, Directors of purchase, Assistant Directors of Purchase, Controllers, senior Executive Officers and Higher Executive Officers. 3. Security Bonds for the due performance of their duties by Government Servants, by Deputy Secretary of the Government of India in the Department of Supply and Technical Development, Director General of Supplies & Disposals, Director of Administration in the Director General of Supplies & Disposals or the Director General of India Supply Mission, Washington. 4. Leases of houses, lands or other immovable property by a Deputy Secretary to the Government of India in the Department of Supply and Technical Development, the Director General of Supplies and Disposals, Special Director General, Additional Director General, Deputy Directors General, Deputy Directors General (Supplies & Disposals), Director of Administration in the Directorate General of Supplies & Disposals or Director General, India Supply Mission, Washington. 5. All service agreement, by a Deputy Secretary of the Government of India in the Department of Supply and Technical Development, Director General of Supplies & Disposals, Director of Administration in the Directorate General of Supplies & Disposals, Director of Administration in the Directorate General of Supplies or the Director General, India Supply Mission, Washington. 6. Guarantee for the payment of electric power and water charges (i) Delhi Supply Undertaking, Municipal Corporation of Delhi and New Delhi Municipal Committee on behalf of Gazetted Officer and members of the non-gazetted staff by Deputy Director of Administration in the Directorate General of Supplies & Disposals. 7 All miscellaneous contracts and instruments including instruments appointing agents, attorneys and counsels, by a Deputy Secretary or an Under Secretary to the Government of India in the Department of Supply and Technical Development, the Director General of Supplies and Disposals, Special Director General, Additional Director General, Deputy Directors General, of Supplies & Disposals, Director of Administration or Deputy Director (Administration) in the Directorate General of Supplies & Disposals. 8. All contracts and other instruments by a Deputy Secretary or an Under Secretary to the Government of India in the Department of Supply and Technical Development, Director General Technical Development or Deputy Director (Administration) in the Directorate General of Technical Development.