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    Vigilance Newsletter 2021

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    Vigilance Newsletter 2021

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    Vigilance Newsletter 2021

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    Manav K Sanand

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    sme Tag Azadina Amrit Mahotsav Followuson § ( ix © @offciatMRC @ wuw.delhimetrorall.com een Cry it is a matter of pleasure that during the | ourselves towards our collective duty and responsibilty to current year the Commission has issued | ensure transparency and integrity in the system and MP | the guidelines for observing Vigilance | procedures. ‘Awareness Week from 26" October, 2021 te i 2021 | This year a special inlave has been taken to create te November, 2021, The theme fx the | arenas forthe complaint nechanism avelbleunder the current year's Vigilance Awareness Week | bubjic interest Disclosure and Protection of Informers ‘Sh Suresh H.Pawt ‘SS Under: (PIDP!) resolution. During the current year, all the ea ree @75: wearer B sieaPfeaT organizations have also been requested to focus on “independent India @75: Self Reliance with Integy” improvements in internal processes and other house- Self-reliance and integrity are the two ideals which need | Keeping activities. focus as they are important for achieving all-round progress | The Commission appeals to all the citizens of the country to and development of the country. During the Vigilance | come forward, during the 75” year of independence, and ‘Awareness Week there is an opportunity for all to re-affirm | supportthe drive to achieve self-reliance with integrity. Dea yt14 The Vigilance Awareness Week is being | the cause of presenting the nation with world class metro rail observed this year from 26" October to | infrastructure has been appreciated the world over. Our 4" November. This week should be utlised | transparent work culture and adherence to the laws in place to ponder and introspect whether we have | has also been recognised by many senior government adhered to the highest levels of integrity | functionaries. and commitment in the preceding year or | However, wo cannot rest on our laurels. Transparency at r.ManguSinah not, This is also the occasion to rededicate | work is daily challenge which we must tackle with all ourselves to the task of creating a nation | commitment. If you notice any wrongdoing or discrepancy in which is free fromthe vice called corruption, any employee's activities, please do not hesitate to bring itto The theme this year for the week is “Independent India | the notice of our vigilance wing. They have always handled @75: Self Reliance with Integrity”. Probably, no other | such issues with immaculate efficiency and they will surely theme could have better ited with DMRC’s work culture and | continue todo the same. accomplishments, As the nation gears up to celebrate the | There are many laws and resolutions such as the Public 75° year of independence, DMRC proudly stands as one of | interest Disclosure and Protection of Informers (PIDP!) the symbols of the progres made by India. which encourage citizens to disclose any act of corruption Attaining self-reliance in all spheres of our activities has | with adequate safeguards. | would also like our employees been one of our prime focus areas while our integrity towards | to be aware of these provisions. (tT a ys | believe that corruption has been one of the major obstacles to economic, political and social progress of our country. | believe that all stakeholders such as Government, citizens and private sector need to work together to eradicate corruption, | realize that every citizen should be vigilant and commit to highest standards of honesty and integrity at all times and support the fight against corruption J, therefore, pledge : * To follow probity and rule of law in all walks of life ; * To lead by example exhibiting integrity in personal To neither take nor offer bribe behaviour; To perform all tasks in an honest and transparent manner; | + To report any incident of corruption to the appropriate To act in public interest ; agency. PGS A Spocial Edition of the monthly News Bulletin on the | The Editorial team in its constant endeavour to enhance "Vigilance Awareness Week’ is being published every year | the quality of the newsletter seeks your support in the form with an objective to spread the valuable thoughts on the | of suggestions, feedback andaarticles. annual theme by eminent personalities and tohighlightthe good practices being carried out by the Vigilance department to curb corruption and inculcate transparency Anuj Dayal among oneandall Editor Od Continuous improvement is better than delayed perfection Oi Gama cd ‘Sub : Reporingofcass of deviations fom he Genial Viglance Commissions avioe-09 (9 DoPT'sOM No.1182178-AVD( dated 28.09.1978 {i)DoPTs MNO, 118212018-AVD-Ideted0208 2018 4. Cental Vgiance Commission in acordance wit he provision consined under Secon 8) () of CVC Act 2003, tenders advice to the organisation concemedon ates referedtoit 2. Inrespectot those cases where Commissions advicshas been abanedby the ergarisaions concer, he conpetnt autoriyisrequred proceed futher inthe mater, in accordance withthe advice tendered by the Commission However, hee ae occasions when he Discipnary Auhoty concerned kes vw whichis diforent rom te advice tondaced by tho Commission in a particular case. Al cases of dsagroomenteviaton ftom the Commission's ace represent reported bythe Cie ViglanceOfcersconcemedin Para 5 (0) of Quatery Peromance Report (PR being submited one by tho CCVOs under the head-Non-AceptancelDeviaton of CVC advice” 3. Deparment of Personnel and Traring (DoPT) vide their OM. dated 20 09.1978 retarate vide 0M. dated 02 08.2019 (as refered to above) has issved guidlines proving for consultation mith DoPT regarding those casos where the autores concemed propose to disagree wih the advice of the Commision, in respect of offers fr whom the appointing autorty isto Prsient No such procedure has boon dane in respect of Non- Presidential Appointses 4 Inrespecofoicersbelogingto Minty of RalwaysRaiway Boar, separate insbucons have been issued by DoPT vido O.M.NO.111162.0%4AVD-I (PX) dated 05.02.2016 dening procedure for handing cases of agreement deviation trom Commissions advice. Later on DoPT vide their OM No 2554/2018-EO(ACC dated 0208209 constuted a commitoo to revisit the existing instucton relating to the setement of cases of disagreement between Ministry of Rallways/Railway Board and Cental Vigilance Commission. The report ofthe commie is avated. Dung the pendency of the report ofthe commie, a system of reporting of cases of sagreement deviation rom Commissions adie tthe Commission trough the Charman and CEO, Raiway Board has been adopted by Miisty of Raways! Raivay Boars 5, The Commission has decd thal forthe sake of unfomity, al such cases of disagreomentdoviaon fom Commision’s advice (in respect of Non- Presidential Appointees), wich, presently ae ol being refered to DoPT by the authorities concerned, shall be reported by the CVOs of the Miristy!Deparmentconoomadto tho Secrataryo hat Minsty/Doparimont. 6, Intespect of Conta Puble Sector EntrpsesPuble Sector arkslnsurance CompariesFinancial Institutions and other organisations, such cases of disagreemenidevaton fom Commission's advice, in respect of Non- Prosidantal Appinses shal be reported tothe CVO ofthe admnistatva ministydepartment concemed, through the Chief Executive of the rgersaion. The CVO ofthe administrative nis shal putupallsuch cases tothe Secrlary ofthe administrative minisrydeparent concemad. A contain in ths regard shal be sent tothe Commision by the CVO of the admit mistyidepariment 7. All actons regarding roporing of cases of disagremenvéeviaon tom Commissions advice in respect of Nor-residetial Appoinees, to the Seceiary ofthe adnate misty eparment shouldbe competed witin 2 poriod of two months fom the date of sue of orders by the Osclnary ‘Author concemed Theaboveistuctons maybe notedforstictcomplance Ref ‘Sub : Transparency in WorksPurchaselConsutancy contracts awarded on nomination basis, Ref: (i) Commission’ CircularNo 15106106 dt 08.05 2006 (i) Commission's Office Order No. 23/0717 at. 05.07 2007 (i) Commission's Offce Order No.18/05/10¢. 19.05.2010 (w) Commission's CrcularNo-1et2/t2d 11.12.2012 (0) Commission's CrclarNo 0807118 *t 07.20 41. Cental Vigance Commission, as part of its civ to ensure transparency to promote healthy competion and to provide fair and equitable treatment to all interested partes in matlorsof pubic procurement, has issued guidelines from time fo time emphasising onthe need to adopt tendering process as a basic requirement, before award of contactto any pay, 2, Tendering process or pubic auctions abasic requrementfor award of contract by any Government agency. Any otter method, especialy award of contract on nomination basis would amount oa breach of Atle 14 ofthe Constitution ‘uarantesing righ fo equality which implies right to equality o all interested pares. The award of cotactfprojectslrecurements on nomination basis without adequate justiicaton amounts to restcive practice eliminating competion, faimess and equity, Hence award of contrac through open competitive bids shouldremain he mostprefered mode oftendering 3. However in some exceptonal and inevitable circumstances the contracts may be awarded on nomination bass for instance, duing natural calamities and ‘emergencies declared bythe Government wher procurementis possible from ‘a single source ony where the supper or contractor has the excusverightsin respect ofthe goods or servis and no reasonable allematve or substitute ‘xis whare the auction was held on soveral dats btthare ware no bidders or the bids ofered were too low et Ref: SPL (Civil) No.10174 of 2006 incase of Nagar Nigam, Meerut sA\Faheem MeatExport Pic} 4, But ithas been observed that n some cases, the guidelines issued by the ‘Commission are not being adhered to by the organisation. Therefore, the Commission would reiterates earlier guidelines andirectthat (0. Al wotksipuchaselconsullancy conlracts awarded on nomination basis shouldbe brought thenatoeo flowin authortesforinformaton: 4) the Secretayin case of minstiesldepartmens, ) the Board of Directors or equivalent managing bod, incase of Public Sector Undertakings, Public SetorBanks, Insurance Companies, etc. «) the Chiat Executive ofthe organisaton where such a managing Body is notinexstence {i) The report relating to such awards on nomination basis shal be submited to the Secretary'BoardiChief Executivelequivalent managing body every quate. {iThe audit committee or similar unit in the organisation may be requiredtecheckatleast 10% of uchcases, 5. Detas ofa tenders awarded on nomination basis shal be posted on webs of| ‘he organisation concemedn pubic doman along wih bri reasonsfordoing so, The above instructions may benoted or srt compliance, ‘Sub : Expedtious dsposal of complants ecaived against employees, having bearingon Vallance Clearance Suitable montorng mechanism —Reg 41. Commission has noted wth concern thal the and result on these complaints is that there i a no actin for along time orb) the acon at being taken fo its logical conclusion ore he acton taken not beng update nthe recores. Ths has ld oa station where the viglance clearance i bing delayedienied for nofaultofthe employees. 2. In this context, atenton i invited to Para (3) of DoPT OM No.*04/33/2006. ‘AND dated 29.10.2007 for members of Al nda Senioes and DoPT OM No-11012/1/2007-Est (A) datod 14.12.2007 for members of Cental Civ ‘Services/Central ci poss, whichis reproduced below for ready reference: "In cases where complaints have been referred to the state / administrative authority concerned and no substantive response has been received from such state/administrative authority concerned within three months from the date on which the reference was made, the Cadre Control AuthorityDisciplinary Authority may provide a copy of the ‘complaintto the officer conceredto seek his comments. the comments are found to be prima facie satisfactory by the Compotent Authority Vigllance clearance shallbe accorded.” 3. Despite these provisions, Viglance clearance is being wih-eld because of delay In disposal of the complaints received against the employees. To streamline the process thas been decided that hefollowng procedure shall be adopted while handing he complaints received against an employee in an organisation, inudig the complaints senthy CVC or necessary action: All anonymousipseudorymous complaints must be fied in compkance Integrity, Transparency and fight against corruption have to be part of the culture. They have to be thought as fundamental values. ‘of DoPAT OM No 104/78/2011-AVD4 dated 18.10.2013 and 18.06.2014 {hitps:documents.doptcicuiars.ic.nvD2/002sen/104_76_2011-AVD:- ‘31092015 pa and Commission's crelarno.07/1/2014 dated 25.11.2014 {httpscve gov inistes!defaultilesianps25112014 pd) and circular 10.12/08120 dated 24.09.2020. (nitpslicve-govin\stesidefaulfles! ‘980$P009 pa as amended from imetotime (i) Action onthe remaining complains against the employees mustbe akento the logical concusion within 3 months of the dale of receipt ofthe ‘complaint Lagial conclusion here implies thatthe decision shall be taken by the organisation to eter a fle complaint or ()regstera viglance case forturher investigation or (registra non-vgllance /adminisaive action, caso or further investigation Thissin paral modicaton of Commission's circular no. 000'VGL'8 dated 23.05.2000, (ntpsievegov.nsitesdefaul files! 000g pa) (i Atte endo he thie month rom the dat of receipt of complaint against the ‘employee and after deciding onthe course of action as mentioned in Para ‘ti () and ti () above, a copy ofthe compat shal be made avaiable to he concamed employee, within 15 days through speed post, wherever the name of employee is mentioned in the complaint. In cases where the ‘employee's name isnot expliity mentioned inthe complaint, copy ofthe ‘complaint shall be made avalable tothe concemed employeo atthe stage of regisvation of viglanceinon-viglance case againsl the said employe. ‘The purposeisoinformthe employee ha the complaints being examined by the organisation. The employee shall aiso be informed that full ‘opportunity woul be given tohim during examinaton. Incase of decsion to filethe complaint as nPara 3(i(a) above, nofurtheractonisrequired (Ww) Once a decision has been made to take up the matter as vigiance case as in Para 3 (i) (b) above, the organisation shal sends inquiry report to the CCommission/CVO seeking First Stage Advice within 3 months of ‘agisvation of such regular case, Thstimline shal stily be adheredto (\) Once @ decision has been made to take up the matter as non- viglanceladminstative action case as in Para 3() (c) above, the ‘organisation must fofaw the rlavant guidelines! instructions issued by DoPTfromtime otime. 4. VO's shal submit the folowing information in the GPRs being submited ‘online tothe Commission Pit e cr _______,. Sircular No. 09/2021 Dated 24.05.2021 ‘Sub : Systemic improvement regarding incorporation of only relevant requrementicondtons specfc to Tender in Work experence elgiiy crterainDMRC Tenders, During intensive examination cated out by CTEICVC in one of he Contracts of ‘unnaing by Cut & Cover mod, has been noted that under the definitons of similar work of Work Experience eligibility erteria, a footnote had been Incorporated regarding requirement of length & dameter of tunnel, method of ‘unnaing, plan area of underground staton and locaton, etc, in the work ‘experiance cetfcate othe client tobe submited by the prospectve bidders. The Fequrement such as length & diameter of tunnel, method of Tunneling, et, n ork ‘experiance catfcat ae required to be kept only in the tandars whare scape of ‘Number af complaint pending formore than prescribed time limit yet tobe ‘mae avaiable othe employee concemed, asin Paras (il) above, Number of complaints pending fr more than prescribed time it, yettobe closed or registered as viglancelnonvigiance case asin ara3 (i) above «, Number of cases pending for moe than prescribed time mit yelta be sent forF8Aasinpara iv) and(y) above 4. Numberofcasesunder process within the prescribed timelimit Mlustation Complaints pending wih an organisation ason34 122020, 10 “Anonymous Complaints led mmedatey z Pseudonjmous complaint fled alter complainant veiieaton z Remaining 08 complains on whieh decision taken as per Par 3 (i) Filed ot Vig case oy Nonvig. case | 02 Tn 05 complains copy of complaint has to be shared with the concemed employee within 1 week of aring atthe decsion as per Para 3 (b)and (¢) Th Vig. cases inquiry report tobe submited to CVOVGVC for FSA witin SmonthsasperPara3{v) Non Vig. cases 96 per para (v) to be governed by relevant DOPT guidelines, 5. Asaplotiobegin with, the backlog complains received til 31.12.2020 shall be disposed off a5 per the guidelines isued inthis cular and compliance reported by 31.06.2024, 6, All the Head of Ministies/DeparmentsOrganisaions and theit CVOs to ‘ensue tc compliance tothe above menioned guideines wih respect the disposal of complaints. The situs of complaints roceived aftor 01.01.2021 hall be reported through the online QPR with effec om the 3° Quarier of 2021. Nevessary modiieatons tothe QPR format lee made inthis regard, 7. These instuctionsgudelines shale applicable to the category of complains hich are taken cognizance by the organisation while issuance of viglance clearance ofemployees, for any purpose. TTR TOTS ‘work involves tunneling by Tunnel Boring Machines, ec Hence following o be ensuredinthe NTs ofuture Works: During preparation of ender documents, fed executes o ensure that hee are ro relevant condtons inthe NTs. The various clauses pertaining to key deal, ’lgible appcanis, minimum eligi citer of work experience and francial standing contents of tender documents including any footnates should be thoroughly checked Further ‘similar work’ for work experience eibily cteriais tobe defied properyinterms ofthe scope of workand only such information be sought from prospective bidders in their submission which are relevant fo the scope offender. ‘This isissued wt the approval of. Correction Stip No, 2 Dated 11.05.2021 ‘Sub : Sub: Corection slip no. 210 General Conditons of Contract (Nov. 2019) Sub-lause 1.31 of Clause No.3 (Provisional Payment Aganst Material at sit) is revised as follows ClauseNo | Sub Chuse Existing Clause Revived Clause 113 | 1131 [A provisional payment on account of main constuction mateals | A provisional payment on account ofmain construction materials (Provisional required for the Permanent Works, shal be paid on request ofthe | required for the Permanent Works, shallb paid on request ofthe Payment Contractor afer these materials are brought to Ste, against an | Contactor afr these materials are brought to Sie, against an Against Indemnity Bond in a form acceptable to Employer is duly executed. | Indemnity Bond in a form acceptable to Employer is duly Maierial at The payment sll bo limited o 80% ofthe actual value or assessed | executed. The payment shal beliitedto 80% ofthe actual value site) val of these materials and te total of such provisional payment on | or assessed value of these materials and the total of such account of construction materials ata time shal be limited to three percent of orignal contract value or likely average consumption of such materials for three months whichever less and at any te the {ola oustanding provisional payment agains! materialat site shallot ‘exceed four percent ofthe Original Conract Value, The valuation of ‘he average consumption of such main constucton material shall be approved by the Engineer, whose decison shall be fina, Materials | consumption of such main construction materials shall be which are of perishable nature shouldbe adequately insured approved by he Engineer, whose decision shall bn Se The corruption of the best gives rise to the worst, provisional payment on account of construction materals at a time salle limited to thee percent of Original Contract Value or Tkly average consumption of such materials for three months \whicheveris les and atany time the olaloutsanding provisional payment against material at st shall ot exceed four percent of the Orginal Contract Vale, The valuation of the average __Gireular No, 05/2021 Dated 04.03.2021 ‘Sub : Systematic Improvements regarding handing of conciiaton cases in DMRC works, Rof : Clause 17.58 17,7of General Conditions of Conractof MRC, 1. In tems of dause 17.5 of General Conditions of Contact of DMC (GCC disputes in DMRC works salle sted trough wo stages. {a} Conciation (b) Arbitration 2. Further, in terms of Circular No.18/2018 dated 10.12.2019, Pre-Abitration Dispute Resolon Mechanism wasitroducedin DRC to aveidArbitaton, 3. Asper clause 17.8 of GCC, the Conciliator shall assist the Parts to reach an amicable setlementn anindependentandimpartal manner 4, Further, the detailed procedure for conciliation is dened in clause 17,7 of GCC, accortngto which fe Parties each agreement nasetlementofthedspute, they may draw up and signa witlen setlement agreement. requested by the Paris, the Conciator may draw up, or assist te Partesin drawing up, the sotlementagreement When he Parts sign he SetlementAgreement tshall bo fal and binding on the Parties and persons claiming under tham respectively 5. In cases wherein during conciliation consensusisttement is not reached between the Pates, he conciator may suggest a proposal in wring o both th Pariesforthairconsentto each anamicablsotlementaftho dispute, 6. In such cats, tho ald exccutve should obtain GMLegalveting & approval of Competent Aithorty before giving consent to Concilatr for acceptance of thei proposal This issued wih the approvalofMD ‘Sub : Systematic Improvements forusing potable watein MRC works, Ref: Clause 54 of IS 456:2000 (Pain and Reinforced Concrete ~ Code of Practoe) 1. Ithas come to natce that at times, the Exeoutves are not complying and ensuring the use of potable water for DMC works. none o the cases related tosiructural defects innewly constructed RCC structures, thas been observed thal the primary cause of damage to the structure was corrosion of reinforcement in the structural members induced by the presence of high TSIChiordeonsin the water usedin re preparation of concrete curing, ec. Whereas the Technical Spectications/Ouline Construction Specifications (as applicable) of contract Agreement and IS 456 2000 (Plan and Reinforced concrete code of practice) recommends the use of polable wate in the preparation of concrete as well as curing, elc. However, hese guidelines Were not folowed at site which probably caused structural cracks and damage to entre structural embers and fnancallosso DMRC as wel 2 In view of above, i is reiterated that the Executive should ensure the use af potable water for all DMRC works as lad down in relevant paras of tecical speciicatons/Outine Construction Specifcatons (as applcabe) and IS 458:2000 (Plain and Reinforced Concrete - Code of Practice). The specications as lid down n Clause 5.4 of $458 2000 (Plain and Reinforced concrete code of practce) ‘or use of potable water for RCC work are reproducedbelow or ready reference 18 456 : 2000 (Plain and Reinforced Concrete ~ Code of Practice) 54 Wate ‘Water used for mixing. and curing salle clean and fre trominjurous amounts of oll, acids, alkals,salls, sugar, organic materalsor other substances that may be eleteriousto concrete or steel Potable water is generally considered satisfactory fr mixing concrete. As a guide ‘he allowing concentrations represent the maximum permissible values a) Toneutralse 100 mi sample of water, using phenoiphthaein as an indicator, it should not equie more than § miof0.02 normal NaOH. The dtals of est are given 8.1 fl 3025 Part22) ) Toneutalise 100ml sample of water using mixed indcalor it shoulénol require more than 25 ml of 0.02 normal H,SO,, The deals of ts shall be as ven in ofS 3025 Part28) ) Permissible limits for soldsshalbeas givenintable 1 Table 1: Permissible Limit for Solids (Clause 54) 'SNo| Tested asper__ [Permissible Lined (ax) 1 [Orgarie TS 3025 (Part 78) |200 mail 2 [inorganic 1S 3025 (Par 18) 3000 mgi 3_[Sulphates (as SO) [182025 (Part24)_[400mat 4 _[Chordes (as Cl | 188025 (Part-32) [2000 mal for concrete not containng embedded soo! and 500 mg for reinforced concrata work [Suspended matter | 93025 Pa-17) [2000 malt 54.1 In caso of doubt regarding development of strength, tho sutabliy of wator for making concrete shallbe ascertained by the compressive strenglh and inal sotng ime oss spociiodin5.41.2and5 4.1.3. 54.1.1 The sample of waler taken for testing, shall represent the water proposed to be used for concreting, due account being paid to ‘seasonal variation. The sample shall nt reoeived any treatment before testing other than that envisaged in the regular supply of water proposed fr use in concrete, The sample shall be stored in clean container previously ised outwit similar water. ‘Average 28 days compressive srangth of atleast three 150 mm ‘concrete cubes prepared wih water proposed tobe used shall ot be loss than 80 percent ofthe average of strength of tree similar concrete cubes prepared vith distiled wate. The cubes shal be ‘rupared, cured and testedin accordance wih th requirements of i516 The intel setng time of test block made with the appropriate cementand the water proposed tobe used shal note less than 30 ‘min and shal ot difer by +80 mn fom the inal setting time of contol test block prepared wih the same cement and csilled alr The lst blocks shal be prepared and tesledin accordance withthe equirementof1S:4031 (Part) 542 ThepHvalueofwalershalbernotless han6 54.3 SeaWater Mixing oF curing of concrete with sea wate isnot recommended because prosonce of harmful sas in seawater. Under unavodable circumstances Sea waler may be used for mixing or curing in plain concrete with no embedded sioel after having given due consideration to possible Aisadvantages and precautions Including use of appropiate cement systom, 54.4 Water found satisfactory for mixing is also suitable for curing concrete However, water used fr curing ould not produce any objectionable stain tor unsightly deposit on the concrete surface, The presence of tannic acd or iron compoundsis objectionable Thisisissued wih he approvalof MD ‘Sub = System Improvement regaring ‘Work experience for Qualifcation and ‘spliting of ores ‘L0 During the Inspection of one of the Electrical contract of Phase-II, CTEICVC have pond out folowing anomalesin Tender Documents: (0 In work experience citeria for Qualification, it had been provided that bidder can meet the eligi the average value of wo (r tree) smar ‘work are costing not ess than the requved amount (hich is 50% of NIT

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