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Indian Audit and Accounts Department

Structured Training Module on Public Exchequer Control


Session 8 - Delegation of Financial Powers Rules, 1978

Delegation of Financial Powers Rules, delegate financial powers to incur expenditure out
1978 of public funds to subordinate authorities of
various other Ministries/Departments of
Session Overview Government of India.

In the previous session we learnt that financial The Delegation of Financial Powers Rules, 1978
control over public exchequer includes well defined is the compendium containing all the orders
and well laid down procedures regarding collection delegating powers to authorities other than the
of revenue for public exchequer and incurring of Ministry of Finance. These Rules came in to force
expenditure from public funds and in that context with effect from the 1st August, 1978 repealing the
discussed the General Financial Rules, 2005 and Delegation of Financial Powers Rules, 1958. The
their application in disciplining the financial and Rules have been amended from time-to-time since
budgetary control in government spending etc. their publication in the Gazette of India, dated the
22nd July, 1978.
Another tool of public exchequer control is well
defined powers of different functionaries in the President has the powers under Rule 2 of these
Government for incurring expenditure from public rules:
funds. > to relax all or any provisions of these
rules in relation to any authority;
The General Financial Rules, 2005 are > delegate to any authority powers in
supplemented by the Delegation of Financial addition to the powers delegated under
Powers Rules, 1978, which lay down the financial these rules;
powers of different functionaries for incurring > reduce the powers delegated to any
expenditure of public funds for better and effective authority to the extent specified in the
control and monitoring of Government spending order;
out of the allotted funds. > impose conditions in addition to those
specified by these rules ;and
In this session we will discuss the main features of > for specified reasons withdraw from any
delegation of financial powers as laid down in the authority all/any of the powers delegated
Delegation of Financial Powers Rules, 1978. under these rules.

Learning Objective
At the end of the session the trainees will be able to
state the powers of various Government Officers
and other functionaries as laid down in the
Delegation of Financial Powers Rules, 1978.
Delegation of Financial Powers
Rules, 1978

All powers to incur expenditure out of public funds


(Consolidated Fund of India) vest with the
Government in the Ministry of Finance. The
structure of governance in India and the area of
governance is so vast that it is not possible for the
Ministry of Finance to authorize all the expenditure
of government of India. It was necessary to

Participant Note Session 8 - Delegation of Financial Powers Rules, 1978


Indian Audit and Accounts Department
Structured Training Module on Public Exchequer Control
Session 8 - Delegation of Financial Powers Rules, 1978
Expenditure other than recurring expenditure is '
Basic Concepts Non-recurring expenditure'.
The definitions of some of the frequently used 'Primary unit of Appropriation' means a
terms in the Rules are as under; primary unit of Appropriation referred to in Rule
8.
'Appropriation' means the assignment to meet
specified expenditure of funds included in a ' Re-appropriation' means the transfer of funds
primary unit of appropriation. from one primary unit of appropriation to another
such unit.
'Contingent Expenditure' means all incidental
and other expenditure including expenditure on ' Subordinate Authority' means a Department of
stores which is incurred for the management of an the Central Government or any authority
office, for the working of technical establishment, subordinate to the President.
office expenses and the like but does not include
any expenditure which has been specifically The terms and expressions other than those
classified as falling under some other Head of defined above have the same meaning as defined
expenditure, such as 'Works', 'Tools and Plant'. in the General Financial Rules, 2005.

'Head of the Department' in relation to an office General limitations on power to sanction


or offices under his administrative control, means expenditure
an authority/person as the concerned department in
the Central Government may, by order, specify, as No expenditure shall be incurred from the public
a Head of the Department. Such person has to be revenue except on legitimate objects of public
the Head of an identifiable organization and the expenditure, and that a Subordinate Authority may
minimum of his revised scale of pay should not be exercise the power to sanction expenditure subject
lower than that of a Deputy Secretary to to any general/special order, direction/stipulation
Government of India. which the authority delegating or re- delegating
such power may issue/prescribe from time to time.
'Head of Office' means a Gazetted Officer Subordinate Authority
declared as such under Rule 14 of these rules (Rule
14 specifies that Department of the Central
Government, Administrators and Heads of
Departments shall have power to declare any
Gazetted Officer subordinate to them as Head of an
Office for the purpose of theses rules, and no more
than one Gazetted Officer shall be declared as Head
of Office in respect of the same
office/establishment, unless such
office/establishment is distinctly separated from
one another).
'Miscellaneous expenditure' means all
expenditure other than expenditure falling under the
category of pay and allowances of Government
servants, leave salary, pensions, contingencies,
grant-in-aid contributions, works, tools and plant
and the like.

' Recurring expenditure' means the expenditure


which is incurred at periodical intervals.

Participant Note Session 8 - Delegation of Financial Powers Rules, 1978


Indian Audit and Accounts Department
Structured Training Module on Public Exchequer Control service/New Instrument of Service', have been
Session 8 - Delegation of Financial Powers Rules, 1978
discussed vide Government of India's
may sanction expenditure/advances of public decisions(1) under Rule 10. Prior approval of
money in those cases only in which it is authorized the Parliament for expenditure from the
to do so by the provisions of any law in force, by Consolidated Fund is required, for setting up a
these rules/other rules issued by/with the approval new undertaking/taking up a new activity by an
of the President, by any general/special order of the existing departmental undertaking and
President/ any other competent Authority. In the involving Capital Expenditure or for setting up
case of the introduction of any new principle/ a new public sector company/splitting up of an
practice likely to lead to increased expenditure in existing company/amalgamation of two or more
future the approval of the Ministry of Finance is companies, or taking up a new activity by an
essential. The financial powers not specifically existing company or in respect of investments to
delegated to any authority (known as Residuary be made for the first time in private sector
Financial Powers) vest in the Finance Ministry. companies/private institutions except in units
(Vide Rules 4 and 5). coming under Government Management (with
the approval of Parliament). Approval of the
Effect of sanction
Parliament is also required in the cases of
Expenditure against a sanction shall be incurred additional investments above ` one crore in an
only when funds to meet the expenditure/liability existing undertaking/private sector
are made available by valid companies/private institutions and in the case of
Appropriation/Re-appropriation. In the case of a additional investments in loans above ` twenty
recurring expenditure/liability, sanction becomes lakhs to an existing
operative when funds for the first year are made
available by valid Appropriation/re-appropriation
or by an advance from the Contingency Fund, as the
case may be, and it remains effective for each
subsequent year subject to appropriation in such
years and subject to the terms of the sanction.

It is not within the competence of a Department of


the Central Government to order/agree to
re-appropriation without the concurrence of the
Ministry of Finance from the funds provided for
new items in the budget. (Govt. of India
decision(1) under Rule 9)
General restrictions on Appropriation/
Re-appropriation (Rule 10)]

No funds will be appropriated/ re- appropriated to


meet expenditure which has not been sanctioned
by an authority competent to sanction it. Funds
provided for charged expenditure shall not be
appropriated/re-appropriated to meet votable
expenditure and vice versa. Re- appropriation from
one Grant/Appropriation for Charged Expenditure
to another Grant/Appropriation for Charged
Expenditure is also not permissible. Funds shall
not be appropriated /re-appropriated to meet
expenditure on a new service/new instrument of
service not contemplated in the budget as approved
by Parliament. The limits for deciding 'New
Indian Audit and Accounts Department
Structured Training Module on Public Exchequer Control
Session 8 - Delegation of Financial Powers Rules, 1978
Write off of Government loans above `1 lakh
public sector company, where there is no Budget (individual case) has to be referred to the
Provision. In the cases where there is budget Parliament.
provision and paid up capital of the company is
between ` lcrore to ` 100 crore, the limit for Ministries/Departments have full powers for
seeking approval of the Parliament ranges re-appropriation of funds from one plan head to
between above twenty lakh to ` 15 crores. The another plan head in a Grant, except in cases
expenditure below the limits (shown for involving foreign exchange provided that no
reference to the Parliament for approval) can be re-appropriation from Capital to Revenue and vice
met from the re-appropriation of savings in a versa is made, and commitments are not made
grant subject to report to the Parliament. beyond the allocations for the schemes during the
Expenditure above `10 lakhs and upto `50 lakhs, plan period. Similarly savings in Revenue Section
on new Works (Land, Buildings and/or are not available for re- appropriation in Capital
Machinery) can be met from savings in a grant by Section and vice versa in the same Demand for
re-appropriation subject to report to Parliament Grants. The Financial Advisors have not to allow
and with the prior approval of the Parliament if it diversion of funds /re-appropriation of funds to
exceeds `50 lakhs. augment provisions for travel expenses. The
Administrative Ministries/Departments may
In the case of Grant-in aid to statutory and other enhance provision under travel Expenses up to
public/private institutions under Revenue 10%. Funds from 'salary' cannot be
Expenditure, the prior approval of the Parliament re-appropriated to any other head.
for meeting the expenditure out of the
Consolidated Fund of India is required above the Rule 11to 13 deals with powers of subordinate
following limits: authorities relating to creation of posts and
abolition of posts.
Institutions in receipt of `10 lakh, (limits apply
grant-in- aid up to `1 with reference to money
crore disbursed by an
individual Ministry/
Department and not by
the Government as a
whole.

Institutions in receipt of 10% of the Budget


grant-in- aid above `1 provision or ` 2 crores,
crore whichever is less.

Grants-in-aid to private Above `5 lakhs


institutions other than
for Export Promotions
Schemes, Recurring

Above `10 lakhs


Grants-in-aid to
private institutions
other than for Export
Promotions Schemes,
NonRecurring ____

Participant Note Session 8 - Delegation of Financial Powers Rules, 1978


Structured Training Module on Public Exchequer Control serving under him to incur
Session 8 - Delegation of Financial Powers Rules, 1978
contingent/miscellaneous expenditure on his
Rule 11 provides that no post shall be created in the behalf subject to restrictions as may be laid down
Secretariat office/department of the Central by him. The Administrator/Head of the
Government unless the scale/rate of pay on which Department shall, however, continue to be
the post is created has been approved by the responsible for the correctness, regularity and
President. No post on permanent basis can be propriety of the decisions taken by the Gazetted
created without the previous consent of the Finance Officer to whom powers have been delegated. The
Ministry. The subordinate authority authorized to rules provide that the powers cannot be delegated
create a permanent post, may create similar to a Non-Gazetted Officer.(Rule-13)
supernumerary post (a shadow post i.e. no duties
are attached to such post) for the purpose of Insurance of the Government Property
accommodating the lien of a Government servant
who, though entitled to hold a lien against regular Government property both movable and
permanent post cannot be so accommodated immovable is not to be insured and no
because of non-availability of such a post. The expenditure has to be incurred/liability undertaken
supernumerary post has to be created only if in connection with the insurance of such property
another vacant permanent post is not available to without the previous consent of the Finance
provide lien. The creation of supernumerary posts Ministry. Motor vehicles owned by the Central
is guided by the principles given in Rule11 (5). Government used for purposes not connected with
Abolition of posts is covered under Rule 12, which any commercial enterprise, are exempt from
states that a subordinate authority may sanction the compulsory insurance against thirds party risk by
abolition of post which it is competent to create. virtue of sub-section (2) of Section 94 of the
Motor Vehicle Act, 1939. Such vehicles shall not
Powers of subordinate authorities therefore be insured. (Vide Rule 15). Exception,
however, are:
The powers vested in the departments of the Central
Government/Administrators and Heads of > Insurance of materials and equipments
Departments in relation to creation of permanent received on loan/as aid from Foreign
posts, temporary posts, Appropriation and Governments/ International/Other
re-appropriation, incurring of contingent or Organizations; if terms of contract
miscellaneous expenditure, write off of losses are /agreements entered into with them
specified in Schedules II to VII of these Rules. A demand so.
Department of Central Government may by general > Where for booking of goods by rail/road,
or special order confer powers not exceeding those an enhanced risk rate is provided,
vested in that department upon an additional charges above
administrator/Head of Department/or any other
subordinate authority.

However, no powers can be delegated to any


subordinate authority in respect of:
(a) Creation of posts;
(b) Write off of losses; and
(c) Re-appropriation of funds
exceeding 10 percent of the
original budget provision for either
of the primary units of
appropriation/sub head.

Similarly Rule 16 provides that a Head of Office


Participant Note Session 8 - Delegation of Financial Powers Rules, 1978
may have power to authorize a Gazetted Officers

5
Indian Audit and Accounts Department
Structured Training Module on Public Exchequer Control where the provision for such work is made in a
Session 8 - Delegation of Financial Powers Rules, 1978
demand under the control of another Department,
if the scheme has been approved by the Finance
those prescribed for booking of goods at Ministry. Further approval of the Finance
owner's risk rate, being in the nature of Ministry shall not be required to sanction excess
insurance charges. expenditure over the original estimates of a
> The Departments may incur an expenditure sanctioned scheme up to ten per cent or ` five
on insurance not exceeding `20000 in each crores whichever is less (in the case of plan
case (i.e. the term each case means scheme),and ten percent or ` three crores
purchases made by the department from whichever is less (in the case of non-plan
one or more than one suppliers abroad on a scheme). In relation to public works this is subject
particular occasion) of all costly/ extremely to the provisions of the Central Public Works
delicate, highly sensitive/sophisticated Department Code/ Central Public Works Account
equipments of fragile nature, which are not Code, etc The powers to sanction expenditure on
easily replaceable and for which insurance schemes in respect of the Departments of Central
is considered absolutely necessary.(GID(1) Government having Integrated Finance Advice
below Rule 15) System under plan schemes have been enhanced
to schemes costing less than `50 crores (provided
In cases where it has been decided to insure
the scheme has been accepted by the Ministry
properties/goods under the direct/indirect
of Finance at the pre-budget stage). The
control of the Central Government, the
enhanced powers are, however, to be exercised
departments shall affect the insurance only
subject to the approval of the schemes of specified
with a Nationalized Insurance Organization
costs by the prescribed authorities. (Rule 18)
and follow the procedure that may be laid
down by the Ministry of Finance from time Government of India's decision 4(A)3 below
to time. .(Note 2 below Rule 15) Rule 18 specifies that the increase in the cost will
be approved by the Administrative
Ministry/Department in consultation with the
Remission of disallowances by Audit and Budget Division of Ministry of Finance( Planning
Commission dissolved w.e.f 01.01.2015), where
writing off of overpayments to Government
servants such increases are due to:

A Department of the Central Government/an


Administrator/or any other subordinate authority, to
whom powers may be delegated by or under special
order of the President, may waive the recovery of
an amount disallowed by an Audit Officer/
Accounts Officer, or otherwise found to have been
overpaid to a Government servant subject to
specified conditions. Rule 17 specifies the
principles for remission of disallowances by audit
and writing off of overpayments made to
government servants.
Expenditure on Schemes or Projects

A Department of the Central Government may


sanction expenditure on any scheme/ project, the
total outlay on which does not exceed ` one crore
fifty lakhs, (the limit includes the entire cost of the
scheme upto the date of completion, both
Participant Note Session 8 - Delegation of Financial Powers Rules, 1978
recurring/ non-recurring), cost of the works, even
Increase in statutory levies; and execution of contracts including agreements
(a) Exchange rate variations and price or contracts for technical collaboration or
escalation within the originally consultancy services subject to the:
approved project time scale.
(i) Power of GFR-2005
Where the Revised Cost Estimates exceed 5% of (ii) Delegation of financial powers in the
the latest approved cost (excluding changes in DFP Rules, 1978;
statutory levies and exchange rate variation) due to (iii) Purchasing powers delegated from
scope change, addition deletion etc., the same shall time-to-time to the indenting
be submitted to the Public Investment Board departments for making purchases.
(PIB)/Cabinet Committee on Economic Affairs Delegation to Secretary of Department
(CCEA) for approval. concerned is as under vide GIMOF
Notification no. 1(11)/E.II (A)/03 dated
Criterion for appraisal forum and level of authority 16.09.2003-(Rule-21(b)
for an approval of revised cost estimate will be cost a. open / Limited tender contracts upto
overrun and not time overrun. rupees twenty crores.
b. Negotiated /Single Tender or
Sanction of Non-Plan Expenditure
Proprietary contracts upto rupees five
A Department with Integrated Finance Scheme can crores.
sanction Non-plan expenditure on schemes costing c. Agreements or contracts for technical
less than to ` 300 crores, with specified financial collaboration and consultancy
limit by the prescribed authority but no Non-plan services upto rupees two crores.
post would be created under this power.(GID 4(B) Contracts or purchases exceeding these values in
below Rule 18) categories above require approval of the Minister
in charge of the Department.
Major works costing up to `5 lakhs Power of Administrator.
Ministries/Departments of the Central Government As per GIMF OM No.F.1 (4)-E II (A)/93, dated
23/02/1995, (GI decision below Rule 21) consent
may issue expenditure sanction in respect of Major
of the GOI shall be required in the following cases:
Works costing up to `5 lakhs without consulting  Any purchase or contract the value of
the Ministry of Finance. which exceeds `. 5 crore in the case of
Administrators of Delhi and Pondicherry
Power to Release Funds and rupees twenty lakhs in case of other
Administrators of UTs , if a contract
The Departments of the Central Government have extends over a period of time, the total
powers to release funds for investment as equity value over the entire period of its currency
capital of statutory corporations/ companies wholly shall be taken as the value for the purpose
owned by the Central of applying the limit;
Government, within the allotment in the  Any negotiated or single tender contract
Budget/Appropriation/Re-appropriation of funds or exceeding `. 1 crore in value in the case of
advance sanctioned for the purpose from the Administrators of Delhi and Pondicherry
Contingency Fund. (Rule 19) and rupees two lakhs in case of other
Administrators of UTs, a limited or open
Grants and Loans tender which results in only one effective
offer shall be treated as a single tender
Rule 20 prescribes the principles as regards powers contact for this purpose;
to sanction grants-in-aid including scholarships and  Any indent for stores of a propriety nature
loans. , the value of which exceeds `. 60 lakh;
in the case of Administrators of Delhi and
Indents, Contracts and Purchases Pondicherry and rupees two lakhs in case
of other Administrators of UTs
A department of the Central Government shall have
full powers to sanction expenditure for purchase

7
Indian Audit and Accounts Department
Structured
2 Training Module
Re-appropriation fromon thePublic Exchequer
G.O.I's
Control Session 8 - Delegation of Financial decisionPowers
funds provided for
Rules, 1978
new items. under
 Any agreement or contract for technical
collaboration or consultancy services Rule 9with
3 firms
Excess of expenditure
or foreign governments; and Rule
 Anybeyondpurchase
15 perwhich the 10(5)
has normally
cent over to be
affected
approved/ through the Central Purchasing
sanctioned
Organization,
amount for a but which
work where is proposed to be
made
savings are available underof emergency, if
direct on the grounds
the words`.head.
value exceeds
appropriate 50 lakh. in the case of
Administrators of Delhi and Pondicherry
and rupees two lakhs in case of other
4 Re-appropriation for a new Rule 10
Administrators of UTs.
In the casepublic work costing
of Department ` 10
of Commerce, Secretary
of the Department has the power than
lakhs or above but less `
to approve rate
50DGS&D
contract of lakhs of value upto Rupees 100
crores in each case.
5 Re-appropriation from and to Rule 10(6)
Sale, etc.the of publicfor
provisions buildings
the Secret
Service Expenditure
Rule 24 gives full powers to the Departments of
the6Central Government/ Administrators
Re-appropriation of funds to G.O.I'sto
sanctionaugment
sale dismantle
the of public buildings
decision
(subject secretariat
to specifiedexpenditure.
conditions) provided underthese
powers are exercised with the concurrence Ruleof10their
Financial
7 Advisers
Re-appropriation of funds G.O.I's
between direct decision
Cases where the consent of the Finance Ministry is
expenditure in the Revenue under
essential
Section to Rule 10
Sl. Grants-in-Aid
Details to Referen
No. States/Union territories in ce (DFP
the same Section and Rules,
vice versa 1978)
18 Re-appropriation
Lumpsum provisions of funds
in G.O.I's
Govt. of
between Capital
budget for certain urgent decision
India's
Outlay and loans
schemes not ready inor vice under
Decision
versa.
sufficient detail at the pre Rule
under10
9 All cases
budget of re-
stage. GOIs
Rule 7
appropriation involving decision
savings of more than `10 below
lakhs under Schedul
individual plan schemes eV
and more than `100
lakh for the plan heads
Participant Note Session 8 - Delegation of Financial Powers Rules, 1978
relating to the
Ministry/Department as a
whole
10 Any purchase/contract the Rule 21
value of which exceeds ` five
crores, any
negotiated/single tender
contract exceeding ` one
crore, etc.

Delegation of Financial Powers in IA&AD


Under Article 148(5) of the Constitution of India, the conditions of service of persons serving in the Indian
Audit and Accounts Department and the administrative powers of the Comptroller and Auditor General
shall be such as may be prescribed by rules made by the President after consultation with the Comptroller
and Auditor General.

The financial and administrative powers of the Comptroller and Auditor General of India under the
provisions of the 'Delegation of Financial powers Rules, 1978', and the 'General Financial Rules, 2005 and
the powers delegated to the subordinate authorities in the Indian Audit and Accounts Department are
compiled in the 'Comptroller and Auditor General's Manual of Standing Orders (Administrative) Volume
II'. This manual also includes powers of the Comptroller and Auditor General of India and other authorities
in Indian Audit and Accounts Department relating to 'Civil Pension (Commutation) Rules', 'Classification,
Control and Appeal Rules', 'Conduct Rules', 'General Provident Fund (Central Service) Rules', etc.
Application of many of these rules have financial bearing.

Participant Note Session 8 - Delegation of Financial Powers Rules, 1978 _______________________________ 9

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