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The Procedure Followed in the Decision Making Process Including Channels of Supervision and Accountability

 

In Greater Mohali Area Development Authority, the decisions are taken by the Authority itself or Committees/concerned officers authorized by the Authority or the Chief Administrator or any other officer for exercising the powers for taking such decisions. Under Section 175(1) of Punjab Regional and Town Planning and Development Act, the Authority can delegate its powers to any officer, except the power to make Regulations. On the Administrative side, some decisions are taken by the officers as per Punjab Regional Town Planning and Development Authority (Delegation of powers) Regulations, 1997 issued vide No. 29036-130 dated 11-8-03 with amendments made from time to time. A copy of the delegation of powers is at Annexure-I. Where the power has not been delegated, the decisions are taken by the Authority itself. The decisions are mainly based on the Regulations made by the Authority or Rules framed by Government or the instructions of Punjab Govt. issued from time to time. The following Regulations have been made on the administrative side:-

  • Punjab Regional Town Planning and Development Authority (Delegation of powers) Regulations,

  • Punjab Urban Planning and Development Authority Employees (Service) Regulations, 1999.

  • PUDA Employees (Conduct) Regulations, 1997.

  • PUDA Employees ( Punishment & Appeal ) Regulations, 1997;

  • PUDA (Committees and Conduct of Business), Regulations, 1996.

Procedure:

On receipt of a reference from Chairman-HUDM, Government or any person, officer, the cases are discussed in detail on respective files. After going through all pros and cons of the cases the files are sent to the competent authority for taking a decision. On approval for making decision, the decisions are conveyed to the concerned. However, where the competent authority is Finance & Accounts Committee or the Authority itself, the matters are placed before the Authority/ Finance & Accounts Committee by placing an Agenda for discussion and decision. The Agenda is prepared by the concerned branch and before taking to the Authority / Committee the Agenda is approved at the level of Chairman. The following types of cases of employees are decided in Administration Wing:-

  • Appointments;

  • Promotions;

  • Clearing probation period;

  • Sanction of Advances for purchase of plot, construction of house, purchase of built-up house, enlargement of house, repair of house, purchase of conveyance;

  • Sanction of advance for meeting with the expenditure for medical treatment of employee or the dependant member of his family.

  • Sanction of leave;

  • Payment of benefits of deceased employees to the dependent members of his family.

  • Compassionate appointments.

  • Maintenance of Annual Confidential Reports of the employees.

  • Decision on disciplinary action cases.

  • Decision regarding appeals against the order of punishing authority.

  • Any other matter related to service matter of the employee.

STAFF OF THE AUTHORITY:

Under Section 26 of the Punjab Regional and Town Planning and Dev. Act, 1995, it is provided;

  • The Authority may appoint such number of officers and other employees including experts for technical and legal work as may be necessary for the efficient performance of its functions and may determine their designation and grades.

  • The officers and other employees of the Authority shall be entitled to receive, from the fund of the Authority, such salaries and allowances and shall be governed by such conditions of service as may be determined by regulations made in this behalf by the Authority.

  • The exercise of any powers or discharge of any duties or functions under sub –section (1) by any officer or other employee of the Authority shall be subject to such restrictions, conditions and limitation, if any, as may be laid down by regulations of the Authority, and shall also be subject to its control and supervision.

Procedure for making appointments:

On availability of post(s), of direct recruitment, and keeping in view the necessity to fill up the same, these posts are advertised in the leading newspapers for inviting applications. Detailed qualifications and experience for each post alongwith the number of posts meant for general and reserved categories, scale of pay and allowances admissible are also given in the advertisement. On receipt of applications upto the fixed date, the same are scrutinized and the certificates/ testimonials submitted by the applicants are also checked if the same are in consonance with the advertisement. Then a merit list is prepared and the applicants are called for interview/ checking of original certificates. On the basis of qualification/ experience a merit list is prepared and then final selection is made by obtaining the orders of competent authority. Then appointment letters are issued. The appointments are made on probation for a period of two years which is extendable upto 3 years by the competent authority. Before joining the duty, the applicants are required to get themselves medically checked up and submit a fitness report from the Civil Surgeon or Chief Medical Officer concerned. Apart from this, the character and antecedents of the applicant are also got verified from the concerned District Magistrate.

Procedure for Sanction of advance for meeting with the expenditure for medical treatment of employee or the dependant member of his family:

If any employee or his dependant family member has to undergo indoor treatment in a Government hospital or private hospital approved by the Govt./PUDA and the heavy expenses are required for treatment, then the employee can ask for an advance submitting the estimate of treatment duly signed by the concerned hospital authority. An amount equal to 75% of the estimated cost can be released as advance to the employee which is adjustable at the time of reimbursement of medical expenses. The request of the employee is scrutinized as per Government instructions in the Administration Wing and the cases are decided at the level of Chief Administrator for grant of advance for this purpose.

Procedure for sanction of leave:

Except casual leave, leave applications for grant of earned leave, commuted leave, half pay leave, extra-ordinary leave or any other leave admissible under CSR are to be submitted well in advance i.e. atleast 15 days before the start of leave. Applications are submitted for sanction of leave to the competent authority. The cases are dealt in the concerned office where the official is working. If the controlling officer is not a competent authority to sanction leave, the same is sent to head office for grant of leave alongwith service book of the official. Before sanctioning leave, it is checked whether the leave applied for is due to the official and in case of leave on medical grounds, the application is to be supported by a medical certificate and recommendations of the medical officer/ doctor concerned. The leave is sanctioned by the competent authority and entry in the service book of the official is made.

Procedure for Maintenance of Annual Confidential Reports of the employees:

Every year Annual Confidential Reports are written by the officers under whom the employee is working. The list of the employees working in various offices is sent to head office by the concerned officers. After recording the ACRs the same are sent to the next higher authority for reviewing and after the reviewing authority has recorded his comments, the same is sent to the next higher authority for acceptance. After acceptance, if there is no adverse remarks, the ACR is filed in record. However, if there are some adverse remarks, the same are conveyed to the concerned official. The employee concerned can represent against the adverse remarks on which comments of Reporting officer/ reviewing authority / acceptance authority are obtained, the adverse remarks contained in the ACR are confirmed by the competent authority as per Government instructions. The power to expunge or not to expunge the remarks is exercised by the competent authority as per delegation of powers.

Procedure of disciplinary action:

The detailed procedure for proceeding against an employee or a section of employees for mis-conduct or otherwise due to any reason is contained in the PUDA Employees( Punishment and Appeal) Regulations ( Copy at Annexure-III). The competent authority for awarding punishment and the appellate authorities are also described in these Regulations. Procedure for holding enquiry through enquiry officers and awarding punishment and listening to appeal has also been clearly mentioned in these Regulations. Besides employee(s) can also be punished for mis-conduct as per the provisions made in PUDA Employees ( Conduct ) Regulations (Copy at Annexure-II).

Procedure for Any other matter related to service matter of the employee:

Besides above, all other cases related to the service matters of the employees such as grant of benefit under ACP Scheme, grant of special increments / Scales or grant of honorarium etc. are also decided by the head office (Admn.Wing). The cases are put up to the concerned competent authorities for taking a decision. Any amendment to the Regulations concerning the service matters of the employees is taken up by the Admn.Wing and Agenda is prepared for consideration and approval by the Authority.

Supervision and Accountability:

Generally, individual cases of employees are dealt in Administration Wing and the files are put up by the concerned Record Keeper to the concerned Sr. Assistant and further files are routed through Supdt(Admn.), Admn. Officer(HQ) and the ACA(HQ) to the competent authority for taking a decision. Though the custodian of record is the concerned Dealing Assistant/ Record Keeper, but it is the duty of the Superintendent and Administrative Officer to check the record and instructions quoted by the Sr.Assistant before submitting the case to higher Officers for decision.

Procedure for getting various works done on allotment side:

As per Section 43 of the Punjab Regional and Town Planning and Development Act, 1995, Authority is empowered to dispose of land belonging to it on such terms and conditions as are determined by it and the allotment policies are decided by the Finance & Accounts Committee constituted by the Authority in exercise of the powers conferred by section 182 of the Punjab Regional and Town Planning and Development Act, 1995 ( Punjab Act No.11 of 1995) vide Regulations issued vide No. PUDA-Admn-I-EA-3/96/21021 dated 4.6.96. A copy of such Regulations is at Annexure-II. So far PUDA has also not made its Regulations for disposal of Land and Buildings. The allotments for houses/ plots/ sites are made by the concerned Estate Officer after adopting the proper procedure.

On availability of built-up houses/ plots/sites, carved out by PUDA in any of its urban estate, a scheme is approved by the Finance and Accounts Committee and a brochure of the scheme is prepared. Thereafter, applications are invited on the prescribed application form contained in the brochure to be had from various offices/ authorised Banks on payment of price of the brochure as fixed by the competent authority and indicated in the advertisement, for allotment alongwith earnest money specified therein. . Normally 10% of the total cost of house/ plots is demanded as earnest money. The applications are received till the closing date of the scheme. After scrutiny of the applications, date of draw is fixed by the concerned Estate Officer and a public notice is given in the press for the information of general public. Before starting of draw, objections are invited and sorted out on the spot. Every applicant has the right to see if his name slip is included in the draw of lot. A list of successful applicants and the applicants in the waiting list is prepared on the basis of draw of lot and published in the news paper. Then allotment letters are issued indicating total price, price already received as earnest money and the amount to be deposited at the time of possession and the amount to be paid in instalments alongwith interest payable and other terms and conditions of allotment as per policy adopted by PUDA. The person applying for allotment of houses shall only be eligible if he is of 18 years age, does not own a residential plot/house in his / her name or in the name of his/ her spouse or any dependant member of his family in the urban estate for which he is applying for allotment of house/plot and his monthly income should be within the prescribed income criteria.

Allotment of commercial sites such as SCFs, SCOs, SSS, Booths, School sites etc. and sometime, plots/ houses are also made through AUCTION. On availability of sites, public notices are given in the leading newspapers for the holding of Auction alongwith details of the sites to be auctioned. For participating in the Auction, one is required to pay the eligibility fee before start of auction. Only those persons having deposited the eligibility fee and other eligible, can participate in auction. The Auctions are held in the presence of a committee and the decisions of the competent authority is considered final. The auction is ended in favour of the highest bidder and the higher bidder has to deposit 10% of the bid at the fall of hammer in his favour. On failure to do so, the auction of the particular property is cancelled and can be put to auction in another auction. In such case, the eligibility fee is forfeited. Allotment letter is issued to the successful bidders by the competent authority i.e. the Estate Officer, indicating the total auctioned price, amount payable within 30 days of the Auction and the remaining amount alongwith interest thereon to be paid in instalments or in lumpsum. Other terms and conditions as per policies of PUDA are also incorporated in the allotment letters.

Procedure/Policy for allotment of land to Institutions:

So far as the allotment of land to institutions is concerned, allotment is made as per policy adopted vide Agenda item No. 14.09. According to this policy, the Authority may out of institutional sites available in any Urban Estate, allot all or few sites/ buildings to the institutions provided:-

  • it directly serves the interest of the residents of the area in which the site or the building is situtated.

  • it is generally conductive to the planned development of the area;

  • it is society registered under the societies registration Act, 1860 or is an institution which is owned or controlled by the State Government or is constituted or established under any law for the time being enforce.

  • It is in possession of sufficient funds to meet the cost of land and the construction of building.

Provided, the total area allotted to such institutions in each case shall be subject to the land use restrictions and zoning plans.

Offer of allotment:

Due publicity is given in respect of the institutions as indicated in the enclosed annexure through two leading news papers indicating specifically their location, number and use purpose and last date for submission of application forms.

Eligibility:

The Authority shall consider the case of each institution on its merits and shall have special regard to the following principles in making the selection.

  • The objectives and activities of the institution and the public cause served by it since its establishment;

  • The financial position of the institution;( statement of Bank account for the preceding three years).

  • The present location of the institution;

  • The benefits likely to accrue to the general public of the locality by allotment of the institutional site;

  • The bonafide and genuineness of the institution as made out in the annual reports, audit report etc.

  • Minimum 10 years experience in the concerned field in responsible capacity.

  • The need of the institutional site by the Institution for providing the necessary service in question.

  • Complete layout plan of the area required for allotment indicating all components including further sub components such as in the case a scheme (i) total area required for class rooms, library, playground, office room, principal’s office, computer room, laboratory, parking for cycles, scooters, cars etc.(ii) in case of hostel, the area required for rooms, dining room, kitchen, park etc. (iii) list of teaching staff, their qualification and experience(iv) list of the salary paid to the staff for the preceding 3 years (v)enforcement of the provisions of CPF as per the requirement of the law(vi) disbursement of salary of the staff through Banks (vii) fee structure of the school (viii) mode of recruitment of the staff.

  • Constitution of the society/ Trust/ association and list of executive members

and their interrelationship among them, qualification and experience if any.

Constitution of a committee:

The Authority can constitute a separate committee to be called Scrutiny Committee consisting of atleast five senior officers at the headquarter of the Authority as follow:-

  • Chief Administrator, PUDA;

  • Addl. Chief Administrator(F&A), PUDA;

  • Addl. Chief Administator, concerned zone;

  • Senior Town Planner PUDA;

  • Addl. Chief Administrator (P&C), Member Secretary.

The Committee examine each and every cause on merit and subject to the approved policy guidelines. The recommendation of the committee are placed before PUDA for final consideration and approval.

Scrutiny of application:

Each application is examined by the Scrutiny Committee constituted inter-alia having regard to the background of the applicant, the financial standing, the managerial and organizational capability , past experience/ track record, the minimum functional requirement of land and quality and type of services provided and on the basis of guidelines framed in this regard from time to time.

GUIDELINES FOR ALLOTMENT:

  • For allotting land to institutions except the institutions indicated in Annex.’A’, only those applications which are invited through press advertisement are considered. No application which is submitted otherwise, is dealt and examined by the Allotment Committee.

  • The applications so received are examined by the committee and the recommendations of the committee are put up to the Authority and the decision of the Authority is final.

  • Land is allotted on free hold basis except Petrol Pump sites at the rates fixed from time to time.

  • As far as possible, the Authority does not allot land to caste and biradari based organizations.

  • Allotment of land to religious bodies is made only if there is a demand by local residents and suitable site is available for the purpose with the PUDA provided further if there are inadequate number of religious places of the concerned religion in the urban estate.

  • Allotment of land to Charitable institution is made only if there is a demand by reputed organisation having minimum of 10 years experience in the concerned field and also having no profit motive in running such institutions is considered for allotment.

  • Institutions having sufficient funds to meet the cost of land and building proposed thereon as per project report with a greater public concern and having no profit motive should be given priority over others.

Price of Land: As determined by GMADA from time to time.

Letter of Intent: After final approval by GMADA, letter of Intent is to be issued for completion of formalities and necessary documents by the concerned estate officer.

Mode of payment:

Land cost is to be paid by the Institution in easy instalments i.e. 10% alongwith application, 15% within thirty days of the issue of letter of intent to make the initial deposit equal to 25% of the total cost of land being allotted before taking over possession and the balance of 75% either in lump sum within 30 days from the date of issue of allotment letter or in 4 equal annual instalments together with interest @ 15% on balance amount chargeable where development work in the area of the sector have already been completed. The price of land is subject to variation to the extent that any enhancement in the premium of land awarded by the competent authority under the Land Acquisition Act shall also be payable proportionately as determined by the Authority within 30 days of the receipt of demand notice and all payments shall be made in the form of Bank Draft.

Issue of allotment letter:

After the institution has paid 25% amount of the total cost of land and executed the requisite agreement and completion of all other formalities, the allotment letter is issued which specifies the terms and conditions of allotment.

Possession:

After the completion of all required formalities by the institutions, the possession of land is handed over within three months w.e.f. issue of allotment letter to the institution .

Ownership:

The ownership of land or any building constructed thereon vests in the Authority. The Authority ,however, permits the allottee to mortgagte, hypothecate the land to the extent the payment of the cost of land is made to the Authority for the purpose of raising loan for execution of construction of building.

Time frame for completion of the project:

The entire project is to be completed within 4 years in a phased manner from the date of taking possession of land by the institution.

Cancellation of allotment:

The Authority, may, however, cancel the allotment, if in its opinion, enough progress has not been made. The allotment is also liable to be cancelled in case there is any violation of terms and conditions as decided by the Authority from time to time.

Extension fee and penalty for non completion of the project:

The allottee shall have to complete the building within a period of three years and no extension shall be allowed beyond this period except in exceptional cases for another three years for reasons to be recorded in writing, on payment of extension fee subject to such terms and conditions as determined by the Authority from time to time. In case of non-completion of the project in time, the allotment shall be liable for cancellation and the entire amount deposited shall be forfeited in favour of PUDA.

Regulations of construction:

  • All development and construction is to be done as per the Regulations, byelaws & Zoning restrictions applicable to the area and as indicated by the Authority to the allottee.

  • All the development and building plans are to be got approved in advance from the Authority and development will be done only as per the approved plans. However, to ensure that delays in the grant of approvals of any kind to the allottee do not cause undue delays in the execution of the project, the Authority undertakes to issue all required approvals promptly .

Inspection by Authority officials:

The allottee will permit the Authority functionaries to inspect any or all works connected with the execution of the project for ensuring that all terms and conditions proposed by the Authority at the time of allotment of land are being observed and that the development is being done strictly in accordance with the approved plans and the quality of works conforms to generally minimum specifications for such projects.

Arbitration:

All disputes and differences arising out of or in any way touching or concerning the allotment or execution of the project shall be referred to the Chief Administrator as a sole Arbitrator or any other officer appointed by him on his behalf. The decision of such an arbitrator shall be final and binding on b oth the parties.

Appeals:

Under Section 45(5) of the Act, any person aggrieved by an order of the Estate Officer for resumption and forfeiture of breach of transfer, has the right to appeal to the concerned Additional Chief Administrator against the order of Estate Officer within a period of 30 days of the date of communication to him of such order. The Additional Chief Administrators are exercising the powers of Chief Administrator. However, the appellate authority may entertain the appeal after the expiry of 30 days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. The appellate authority, may after hearing the appeal, confirm, vary or reverse the order appeal from and may pass such order as he thinks fit.

The appellate authority may either on his own motion or on an application, received in this behalf at any time within a period of six months from the date of the order, call for the record of any proceedings in which the Estate Officer has passed an order for the purpose of satisfying himself as to the legality or propriety of such order in relation thereto as he thinks fit: Provided that the Chief Administrator shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard. ( Section 44(7).

Further Under Section 45(8) where a person is aggrieved by any order of the Chief Administrator ( Addl. Chief Administrator), deciding the case under subjection (6) or sub section (7) may within thirty days of the date of communication of such order, make an application in writing to the State Government for revision against the said order and the State Government may, confirm, alter or rescind the order of the Chief Administrator.

Procedure for other related works being done by Estate Office:

Besides allotment, some other works related to the allotments are also being done by the Estate Offices which are as under:-

  • Transfer of allotment;

  • Issue of re-allotment letters.

  • Transfer of ownership;

  • Issue of No due certificate;

  • Issue of No Objection Certificate for the sale of residential house/ plot/ commercial property.

  • Issue of Permission to mortgage of property for raising loan from other departments/ banks for making full payment of the plot/ house or construction/ renovation and additional alteration of the house.

  • Getting the conveyance deed registered.

  • Getting the plans approved from the Estate Officers;

  • Getting roof level/ slab level certificates;

  • Getting Occupation certificate after completion of building

  • Depositing the amount of installments/ other dues with PUDA.

  • Any other work related to the disposal or maintenance of property allotted by PUDA.

For getting these works done, a SINGLE WINDOW SYSTEM has been introduced in Gmada where prescribed applications forms are available free of cost. The application forms are to be filled by applicants and submitted complete in all respects alongwith prescribed affidavits and documents / fee prescribed for the purpose ( if any). Then a slip in token of receipt of the application is given to the applicant indicating therein the date of collection of letter of approval/ sanctions as the case may be. The documents to be submitted with the application form is also indicated in the form.

On receipt of the application form, the cases are marked to the concerned dealing Assistant who gets report regarding payment of dues and about unauthorized construction, if required. After getting all the relevant information, the cases are put up to the Estate Officer for decision / approval. The letters of approval are sent to Single Window Service System from where the applicant can collect the letter on due date. If the applicant does not come on the due date to collect the letter, then the same is despatched to the applicant at the given address. However, if there is any objection the same is also intimated to the concerned applicant so that the objection is removed by doing the needful. The cases are routed through Dealing Assistant/Superintendent/ AEO.

Procedure for getting sewerage connection :

After getting the Occupation Certificate issued from the Estate Officer, the allottee is required to apply immediately to the concerned Divisional Engineer(PH) on the prescribed form available at Single Window Service System free of cost, for getting the sewerage connection. He is required to complete the required formalities as given in the form.

Procedure for enlistment of contractors for executing development works :

The following categories of contractors for executing Civil/ Public Health/ Electrical/ Horticultural works are enlisted in PUDA:-

Class-D Contractor For executing work upto Rs. 5 lacs
Class-C Contractor For executing work upto Rs. 25 lacs
Class-B Contractor For executing work upto Rs. 1.00 crores.
Class-A Contractor For executing Work for unlimited amount.

The enlistment form is available with the Divisional Engineers’ offices in PUDA. If the firm is already registered with Punjab PWD , then the firm is not required to get itself enlisted with PUDA. The enlistment is allowed by the respective committees constituted for the purpose. The enlistment is allowed, if the contractor/ firm is equipped with the following:-

  • Having Civil/PH/Hort. Engineers/ experts. The Electrical Contractor/firm should have the valid license issued by the Chief Electrical Inspector, Punjab.

  • Should have the required technical staff i.e. Beldars/ Work-Munshies/ Inspectors/ Foreman etc.

  • Should be equipped with the Tools and plants/ machinery required for executing the work;

  • Should submit the list of works executed with value of each work.

  • Should have Income Tax clearance certificate.

  • Should have done the works as per the norms fixed for each category of contractor.

  • Should submit a list of moveable/ immovable properties in the name of contractor/ firm to be enlisted.

The Contractor once enlisted in any Division of PUDA, can give tender and get work in

any other division also and no separate enlistment is required for this purpose. However, the contractor who is enlisted as Civil Contractor is not entitled to do other stream work such as PH/ Electrical/ Horticulture and vice-versa.

Procedure for allotment of executing development works :

To get the development works executed, quotations/ tenders are called by the concerned Divisional Engineers. Quotations are called for executing the work below Rs.50,000/- and if the value of the work is above Rs.50,000/-, then tenders are called. Quotations are called after vide publicity i.e. sending letters to all the enlisted contractors, all SEs/DEs of PUDA for vide publicity and placing a copy of the same on notice board. However, for calling tenders, vide publicity is also given by sending the tender notice to Press atleast in two leading newspapers. Tenders/quotations are given on the prescribed tender form available from the Divisional offices on payment of the prescribed cost of tender form. Tenders/ quotations are opened in the presence of Tender Opening Committee on the fixed date. Comparative statement is prepared by the Divisional Head Draftsman and the works are allotted on the basis of rates quoted to the lowest tenderer. The allotment the work is started by the contractor after getting green signal from the concerned site engineer of PUDA. The work is required to be completed within the stipulated time period, failing which action under the relevant clause of the agreement can be taken. However, if in view of the competent authority and on the report of site engineers it is felt that the circumstances were beyond the control of executing agency, then time limit can be granted at the level of Superintending Engineer concerned.

In case, there is any dispute between the parties regarding any clause of the work agreement signed between the parties, the concerned Superintending Engineer works as Arbitrator as provided in the work agreement. But if the concerned SE is anyhow involved in the dispute, then the Chief Administrator can appoint another SE to act as Arbitrator.

Supervision and Accountability:

So far as the supervision and accountability of staff is concerned, on ministerial side, the Superintendent / Administrative Officer or Asstt. Estate Officers are required to supervise the work. On the technical side, the work is done by the contractor. However, supervision of JE / SDE is required and they are accoutable for any wrong done in the execution of work. The bills of the contractor for payment of works, are checked by the Drawing staff and Accounts staff and they are liable to check the bills in accordance with the rules/ regulations and rates.

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