House Rent Allowance
FAQs on HRA (House Rent Rules, 1989) are intended to provide general information and guidance needed for the House Rent to State Government employees. The contents must be read in conjunction with, Circulars and orders as issued from time to time. The contents are not intended to be applicable to specific/exceptional cases and no such claims may be made under it. Whenever any difference in interpretation of meaning and/or content of the facts stated the original rules and orders as issued from time to time will be treated as final and binding.

General
 Question 1. Who comes under the purview of these rules?

• All State Government servants, except staff employed on daily wages or work-charged employees.
• These rules shall not apply to Officers employed on contract unless provided in the terms of contract.
[Rule 1]

 Question 2. What is considered as Basic Pay for calculation of HRA?

• Basic Pay means pay as defined in Rule 7 (24)(i) of Rajasthan Service Rules.
• The pay drawn in the prescribed Level in the Pay Matrix as per FD order No. F.6(4)FD/Rules/2017 dated 30-10-2017.
[Rule 2 (i)]

 Question 3. Under which circumstance HRA shall not be admissible to State government servant?

1. Who is occupying :-
• Government owned or leased or requisitioned accommodation or on subsidized rates in Government building i.e. Circuit Houses, Dak-bungalows, Hostels owned by Government etc.
• accommodation belonging to Devasthan Department or any other Government Department.
• accommodation belonging to U.I.T./Municipality/ Local Fund Bodies or any other Autonomous body.
2. Who accepts allotment of Government accommodation, from the date of occupation, or from eighth day after the date of allotment of Government accommodation, whichever is earlier.
3. Who shares Government accommodation, allotted rent free to another Government servant or if he/she resides in accommodation allotted to his wife/her husband or to his/her parents/son/daughter by the Government or autonomous public undertakings or bodies or Corporation or semi-Government Organizations such as Municipalities etc.
• If his wife/her husband has been allotted family accommodation at the same station by the Central Government, State Government or Autonomous Public undertakings or Body or Corporation or semi-Government Organization such as Municipalities etc.
[Rule 3]

 Question 4. Under which circumstance HRA shall be admissible to State government servant?

• A Government servant who is living in a rented accommodation shall be entitled to house rent allowance at the rates mentioned in Rule 5, on furnishing a certificate to the effect that he is incurring some expenditure on rent/contributing towards rent. In case, the accommodation hired is sub-let to one or more persons, whether Government servant(s) or not, and the actual rent charged by the Government servant is equal to or exceeds the amount of rent being paid to the land lord, it would be deemed that the Government servant is incurring no expenditure on rent nor contributing towards rent.
• A Government servant living in a house owned by him/her, his wife/her husband, children, father or mother or in a house owned by a Hindu undivided family in which he is a co-parcener shall be entitled to house rent allowance at the rates mentioned in Rule 5, subject to his furnishing certificate that he is paying/contributing towards house or property tax or maintenance of the house.
• A Government servant living in a house purchased on hire purchase basis from the Rajasthan Housing Board shall be deemed to own a house for the purpose of these rules and HRA is admissible to the same.
• In case where husband and wife both are in service of Government at the same station and are living together in the rented/owned accommodation, both of them shall be entitled to House Rent Allowance subject to fulfillment of other conditions for drawl of the allowance i.e. furnishing of certificate that he is paying/contributing towards house or property tax or maintenance of the house as the case may be and making of an application within the prescribed time frame.
[Rule 4(1), (2), (3) and (5)]

 Question 5. What is the maximum time period within which a government employee has to apply for availing HRA?

• The allowance shall be granted to a Government servant from the date of occupation of the rented/owned accommodation, on making an application in accordance with the procedure prescribed under the rules; provided that if the said application is not made within one month of the date of occupation of the accommodation or admissibility, the allowance shall be admissible from the date of application.
• In case of a Probationer employee, the HRA shall be granted if he/she applies within one month of successful completion of their probationer trainee period or within one month of drawal of pay in regular pay scale as per FD Clarification dated 29-1-2020.
[Rule 4(4)]

 Question 6. What are the present prescribed rates of HRA admissible to a government employee?

• The present rates of HRA will be 16% & 8% of the Basic Pay i.e. the pay drawn in the prescribed Levels in the Pay Matrix, for Y-class & Z-class cities respectively.
[Rule 5(1)]

 Question 7. Which cities are classified under Y-class & Z-class?

• Cities with the population of 5 lacs and above will be considered as Y-class cities. Jaipur (MC), Jodhpur (UA), Kota (MC), Bikaner (MC) & Ajmer (UA) comes under the category of Y-class cities.
• Cities with the population below 5 lacs will be considered as Z-class cities. All remaining cities/towns other than Y-class cities come under this category.
[Rule 5(2)]

 Question 8. What will be the rate of HRA if the existing office of an employee has been shifted outside Municipal Corporations/Urban Agglomeration limits?

• In case of such shift in location of office, the existing rates shall be continued to such employees and also to those newly posted in the office located within the aforesaid limits. This shall be effective from 1-6-2018.
[Rule 5(2) Exception]

 Question 9. Will the HRA be admissible to the employee during leave?

• A Government servant shall be entitled to draw house Rent Allowance during all kinds of leaves not exceeding 120 days (shall be extended to 180 days for the purpose of grant of this allowance in case of grant of maternity leave in continuation of other leave as defined in Note (1) of Rule 6) except extra-ordinary leave, study leave and refused leave/terminal leave whether running concurrently with notice period or not, at the same rate at which he was drawing before proceeding on leave.
• A Government servant suffering from T.B., Cancer, Leprosy or a Mental disease shall be entitled to draw house Rent Allowance during the period of his leave not exceeding 240 days subject to procedure laid down in Rule 6(a) Note (2).
[Rule 6(a)(1) and (2)]

 Question 10. Will the HRA be admissible to the employee on temporary transfer or deputation?

• Yes, subject to the limit of four months, if the temporary duty is subsequently extended beyond four months in all, HRA will remain intact upto the date of the order of extension.
[Rule 6(a)(3)]

 Question 11. Will the HRA be admissible to the employee during joining time?

• Yes, a Government servant shall be entitled to draw house rent allowance during joining time at the same rates at which he was drawing at the station from which he was transferred. However, joining time will be affixed to leave (with maximum period of 180 days of leave)
[Rule 6(b)(i)]

 Question 12. At what rate, HRA will be admissible to the employee who got transferred to a new station?

• A Government servant receiving house rent allowance at his old station and who, on transfer leaves his family behind at the old station because he has not occupied a rented/own house or had not been allotted Government accommodation at the new station, will be eligible for house rent allowance at the rate at which it was drawn by him at the old station for a period of 6 months from the date of his assumption of charge at the new station (irrespective whether the rate of house rent allowance at the new station is lower than the rate at the old station) or till he occupies a rented/own house or allotted Government accommodation at the new station, whichever is the earliest.
[Rule 6(b)(ii)]

 Question 13. Will HRA be admissible to the employee during Awaiting Posting Orders (APO)?

• Government servant shall be entitled to draw house rent allowance during the period of APO treated as duty.
[Rule 6(c)]

 Question 14. Will HRA be admissible to the employee during training within India?

• Government servant who is sent on training in India and whose period of training is treated as duty under rule 7(8)(b)(i) of Rajasthan Service Rules shall be entitled to draw house rent allowance during the entire period of such training at the same rates at which he was drawing at the station from which he proceeded on training subject to the conditions that
i. He continues to keep his family at the place from which he proceeded on training
ii. if he does not keep his family at the place from which he proceeded on training, but has not been provided accommodation by the Training Institution either free or at the subsidized rates.
[Rule 6(d)]

 Question 15. At what rate, HRA will be admissible to the employee during training abroad?

• A Government servant who is deputed for training abroad by the State Government under various training schemes of Government or operated through non-official channels as a Government sponsored candidate, the house rent allowance shall be admissible during the entire period of training at the same rates at which he would have drawn at the station from which he was deputed for training abroad but for his deputation abroad.
[Rule 6(e)]

 Question 16. Will HRA be admissible to the employee on Re-employment?

• The provision regarding HRA on re-employment has been deleted vide FD order dated 22-9-2014.

 Question 17. At what rate, HRA will be admissible to the employee during suspension?

• A Government servant shall be entitled to draw house rent allowance at the rates at which it was paid to him on the date of suspension on the basis of pay which the Government servant was receiving on the date of suspension subject to the fulfillment of conditions as laid down in Note 1 and 2 of Rule 6(g).
[Rule 6(g)]

 Question 18. At what rate, HRA will be admissible to the employee posted outside the State?

• In cases where a Government servant posted outside the State is provided with residential accommodation by the Government in a building taken by the Government on hire or lease basis, he shall be required to pay rent at the rates laid down under Rajasthan Civil Services (Determination and Recovery of Rent of Residential Accommodation) Rules, 1958.
• In case where the accommodation is not provided by the Government for residential purpose, a Government servant shall be entitled to house rent allowance in accordance with house rent allowance rules applicable to Central Government servants or according to the house rent allowance rules of the State concerned, whichever is advantageous to him.
[Rule 7]

 Question 19. Will work charged employees having permanent status allowed for grant of HRA ?

• The employees who are drawing pay under Rajasthan Work Charges Employees (Revised Pay) Rules, 2017 are entitled for house rent allowance from 1-10-2017 as per FD order No. F.6(4)FD/Rules/2017 dated 30-10-2017.
[FD order No. F.13(3)FD/Rules/2017 dated 30-10-2017]

 Question 20. What will be the procedure if there is change in Certificate (Annexure - B) last given for HRA ?

• If there is a change in the provision in the Certificate (Annexure - B) last given resulting in increase or decrease of HRA, a fresh Certificate should be furnished as soon the change occurs.
[Rule 8(1)]

 Question 21. What is the responsibility of DDO w.r.t. HRA payment?

• DDO shall record a certificate as per rule 8(2) in January and July from every establishment pay bill for not providing Government accommodation.
[Rule 8 (2)]


Rajasthan State Pensioners Medical Concession Scheme, 2014
FAQs on RPMF are intended to provide general information and guidance needed for the RPMF (Rajasthan State Pensioners Medical Concession Scheme, 2014) beneficiaries to avail medical facilities. The contents must be read in conjunction with, Circulars and orders as issued from time to time. The contents are not intended to be applicable to specific/exceptional cases and no such claims may be made under it. Whenever any difference in interpretation of meaning and/or content of the facts stated the original Scheme and orders as issued from time to time will be treated as final and binding.

General
 Question 1. Who comes under the purview of this scheme?

• All State Government pensioners.
• All retired AIS Officers, who have exercise their option to take treatment under this scheme.
• Retired employee of Panchayat Samiti and Zila Parishad.
• Retired judicial service officers governed under Rajasthan Judicial officers (Medical Facility) Rules, 2008.
Pensioners also include "Family Pensioners".
[Refer para 3(2)]

 Question 2. Do terms used in Rajasthan Civil Services (Medical Attendance) Rules, 2013 applicable for Rajasthan State Pensioners Medical Concession Scheme, 2014?

• Yes, except for the terms explicitly defined in Scheme, 2014.
[Refer para 3]

 Question 3. Who comes under the definition of family or dependent?

• Normally Pensioner’s wife/ husband, if wholly dependent upon the pensioner and if she/ he normally resides with the pensioner. However, son (s) / unmarried daughter (s) only in case as per condition mentioned in para 3(3).
[Refer para 3(3)]

 Question 4. What is the cost ceiling and powers of relaxation for purchase of Allopathic drugs, medicines, vaccines, sera etc.?

• Allopathic drugs, medicines, vaccines, sera, other therapeutic substances not ordinarily available in Government Hospitals free of charge can be taken from medical shop/store recognized for the Scheme in case of outdoor treatment up to the cost ceiling of Rs. 20,000/- per annum.
• District Collector may extend the cost ceiling of medicines up to Rs. 50,000/- per annum in all deserving cases and in respect of treatment of Cancer, Kidney failure and Renal disease up to the limit of Rs. 2,00,000/- per annum subject to proposals being approved by the District Committee.
• Board of Trustees may grant further relaxation in cases of severe and persistent diseases upon recommendation of the District Committee (after obtaining medical option) in deserving cases.
• For Indoor Treatment, there is no cost ceiling.
[Refer para 4(a) and 5]

 Question 5. What is the cost ceiling for investigation/lab tests (Pathological, Bacteriological, Radiological and other tests) done in Government Hospitals?

• The District Collector is authorised to reimburse the test charges (Pathological, Bacteriological, Radiological and other tests) up to Rs. 5000/- per annum in each case. The test charges shall be reimbursable if NAC from the Government hospital has been obtained or charges paid in Government hospital, if any.
• For the tests above Rs.5000/- may also be sanctioned by District Collector concerned as per rates approved by the Finance Department
[Refer para 4(b)]

 Question 6. Does every pensioner need to have a medical diary?

• Every pensioner, except the pensioner drawing his/her pension in other State will have a medical diary in Form PMF-2.
• A retired Government servant who is entitled for pension shall also be entitled for free medical facility on the basis of provisional Medical Diary, whether order for grant of pension or provisional pension is issued or not on production of "Certificate for issue of provisional Medical Diary" from the concerned Head of Office, in the prescribed proforma.
[Refer para 6(1)]

 Question 7. When a pensioner will get medical diary ?

• Every Pensioner / Family Pensioner shall be issued Medical Diary by the Treasury Officer / Treasury Officer (Pension) concerned free of cost not later than 10 days after receipt of Form PMF-2.
[Refer para 7(i)]

 Question 8. Will the medical claim of pensioner be admissible in absence of Medical Diary?

• In cases where indoor /specialized treatment is taken prior to the date of issue of medical diary during that particular financial year, the cost of medical claim for such treatment shall be reimbursed as per the scheme.
[Refer para 7(i)]

 Question 9. What will happen if a Pensioner has lost his Medical Diary?

• In the case of loss of original Medical Diary, the Treasury Officer / Treasury Officer (Pension), shall issue a duplicate medical diary on payment of Rs. 100/- (Rupees one hundred only) not later than 10 days after taking an undertaking from the concerned pensioners giving details of the amount upto which he/she has already taken medicines free of cost upto the date of undertaking. He/She shall also give an undertaking to the effect that in case it is found that he/she has utilized both the original and duplicate medical diaries for the purpose of taking medicines free of cost, he/she will be permanently debarred from the medical facilities admissible under the Pensioners Medical Concession Scheme.
[Refer para 7(ii)]

 Question 10. What is the procedure for claiming medical reimbursement ?

• The detailed procedure for claiming medical reimbursement is prescribed in para 8(a) of Scheme, 2014.
[Refer para 8(a)]

 Question 11. How the retired Judicial Service Officers may be benefitted under RPMF Scheme?

• Claim of retired judicial officers shall be examined by District Judge as per the existing rules, i.e., Rajasthan Judicial Officers (Medical Facilities) Rules, 2008. After examination District Judge shall issue orders for sanctioning medical entitlement to concerned retired judicial service officer and on the basis of this sanction, Treasury Officer concerned shall make payment from RPMF.
[Refer para 8(c)]

 Question 12. How the Medical Claim will be reimburse to Pensioner in case of death of Pensioner?

• The arrears of Medical Claim of a deceased pensioner may be paid to the heirs of the deceased, without the production of the usual legal authority as per the relevant provisions of the Rajasthan Civil Services (Pension Rules) 1996.
[Refer para 9]

 Question 13. Is there any provision for Fixed Medical Allowance under the Scheme if a beneficiary does not avail the medical facility under the Scheme?

• In case a pensioner / family pensioner is drawing his / her pension in other State, a fixed medical allowance @ Rs. 300/- per month shall be payable to him / her provided that he / she is not availing the medical facility under the Scheme.
• In case a pensioner is residing in a remote area (the place of residence (village) when there is no Primary Health Centre, Community Health Centre or any other Government hospital within a radius of 10kms) where adequate medical facility of free medicines is not available, such a pensioner shall have an option either to continue to avail medical facility on the basis of diary or in lieu of it he may get fixed medical allowance of Rs. 300/- per month for outdoor treatment. The payment shall be made by the Treasury Officer by making entry in the pensioner's medical diary.
• Every pensioner / family pensioner shall furnish his/her life certificate once in a financial year duly verified by the pension disbursing officer/Treasury officer concerned/ any gazetted officer. For pensioners residing outside Rajasthan Life Certificate will be submitted to the Member Secretary. The release of the amount of fixed medical allowance for the month of April onwards shall be made on receipt of the above certificate.
[Refer para 10 and 12]

 Question 14. Which Medical Shop is authorized to supply medicines to the Pensioner as per the prescription of Authorised Medical Attendant?

• All Cooperative Medical Stores/ Jan Aushadi Kendra organized and run by Rajasthan Sahakari Upbhokta Bhandar, Kraya Vikray Sahkar Samiti
• Drug Distribution Centres under Mukhya Mantri Nishulka dava Yojana
• In absence of the above, the Board of Trustees shall recognize certain "licensed medical stores/ shops"
• In absence of all of the above, the Medical Officer In-charge of the Primary Health Centre shall purchase the medicines {excluding such medicines which are incorporated in the "negative list of the medicines" applicable to Government servants) and supply of such medicine to the pensioner free of charge.
[Refer para 15]

 Question 15. How can one purchase Medicines if the same is not available on Authorized Medical Shops?

• The Incharge of the Authorized Medical shop shall issue a Non-availability Certificate to the pensioner and pensioner shall purchase the medicine from licensed medical shop. The pensioner shall submit the claim of medicines thereafter as per procedure laid down in para 16 of the Scheme, 2014.
[Refer para 16]

 Question 16. What reimbursements are governed by Rajasthan Civil Services (Medical Attendance) Rules, 2013?

• Rule 6 – Medical Attendance and Treatment in a Government Hospital
• Rule 7 – Indoor / Outdoor Medical Attendance and Treatment in approved Hospitals within the State
• Rule 8 – Medical Attendance and Treatment in Hospitals under Public Private Partnership Arrangement
• Rule 9(1) – Medical Attendance and Treatment in Government Hospitals outside Rajasthan
• Rule 10 – Treatment, including specialized treatment in Referral Hospitals outside Rajasthan
• Rule 11 – Indoor Treatment in a private unrecognized hospital within the State and outside the State in case of emergent circumstances
• Rule 14 – Admissibility of travelling allowance
• Rule 17 – Reimbursement of medical expenses from two sources
• Rule 19 – Special concessions to Government servants suffering from Tuberculosis and Cancer
[Refer para 4]

 Question 17. Is it still allowed to purchase medicines from private licensed medical shop on prescription from authorised medical attendant without obtaining NAC from CONFED / Upbhokta Sangh / DDC shops :

• Pensioners suffering from high blood pressure, heart diseases, diabetes etc. are allowed relaxation only for the lockdown period upto 31 May 2020. No further relaxation is given as lockdown has been relaxed and has been lifted from opening of CONFED / Upbhokta Sangh / DDC shops.
[Refer para 8(3)(ii)]


Rajasthan Civil Services (Medical Attendance)
FAQs on Rajasthan Civil Services (Medical Attendance) Rules, 2013 are intended to provide general information and guidance needed for the medical facilities to State Government employees appointed before 1-1-2004. The contents must be read in conjunction with Circulars and Orders as issued from time to time. The contents are not intended to be applicable to specific/exceptional cases and no such claims may be made under it. Whenever any difference in interpretation of meaning and/or content of the facts stated the original rules and orders as issued from time to time will be treated as final and binding.

General
 Question 1. Who comes under the purview of these rules?

• All Government servants, appointed before 1st January, 2004, including those on foreign service, and whose conditions of service are regulated or deemed to be regulated by the Rajasthan Service Rules
• All Government servants on deputation from Central / other State Governments unless anything otherwise is provided in their terms of deputation
[Rule 2(1)]

 Question 2. Who will be considered as Authorized Medical Attendant for the purpose of Medical Attendance to the State Government Employee?

• A Medical Officer of :-
(i) the Rajasthan Medical & Health Department/ Medical Education Department on duty,
(ii) hospitals attached to Rajasthan University of Health Sciences, Jaipur on duty,
(iii) a hospital approved under these Rules and enlisted in Appendix-I;
(iv) the Hospital on duty run under Public Private Partnership arrangement under these Rules and enlisted in Appendix-II;
(v) referral Hospital on duty and enlisted in Appendix-III ;
(vi) the private or charitable hospital of Allopathy / Ayurved / Unani / Homeopathy, recognized under these Rules by the Government.
• An Ayurvedic / Unani / Homeopathic Chikitsak on Government duty;
• An Ayurved Chikitsak on duty in Ayurved Hospitals attached to Rajasthan Ayurved University, Jodhpur / National Institute of Ayurved, Jaipur;
[Rule 3(1)]

 Question 3. Who is authorised medical attendant under these rules when treatment is taken out-side State ?

• An officer of medical department of Central or other State Government as the case may be (on duty in a Government hospital or dispensary at that station is treated).
[Rule 3 - Explanation No. 1]

 Question 4. Who is Medical Officer under these rules ?

• The term "Medical Officer" means an allopathic medical officer unless otherwise specified under these rules.
[Rule 3 - Explanation No. 2]

 Question 5. Who is authorised medical attendant for one spell of illness ?

• It should either be a medical officer or Ayurved / Unani / Homeopathic Chikitsak
[Rule 3 - Explanation No. 3]

 Question 6. Who comes under the definition of family or dependent?

Family Member Condition
Government servant’s spouse. --
Government servant’s wholly dependent children, legally adopted children (including legally divorced / widowed daughter) Irrespective of where they reside. For Son - till gets married or starts earning monthly income more than Rs. 6,000/- or attains the age of 25 years, whichever is earlier.
For Daughter - till gets married or starts earning monthly income more than Rs. 6,000/-, whichever is earlier.
Note:- Son / daughter suffering from any permanent disability of any kind shall be treated as dependent irrespective of his / her age or marital status.
Government servant’s parents (excluding step parents). Irrespective of where they reside. With monthly income less than Rs. 6000/- irrespective of where they reside.
[Rule 3(9)]

 Question 7. Which declarations are essential under these rules for the claims of family members / dependent ?

• A declaration regarding income of parents and children shall be furnished by Government servant in Annexure - I and any change in income shall be intimated immediately. Also, any change in family shall be declared in Annexure - II by the Government servant within 3 months of the event.
[Rule 3(9) Explanation No. (ii) & (iii)]

 Question 8. Whether the legally adoptive parents who are dependent on Government servants are covered in the definition of family under these rules ?

• Yes, legally adoptive parents who are dependent on Government servants, irrespective of where they reside shall be member of a family provided that in any circumstances the real parents shall not be member of the family. If adoptive father has legally more than one wife, then only senior most will be adoptive mother.
[Rule 3(9) - Clarification]

 Question 9. What does "Medical Attendance" means under these rules ?

• “Medical Attendance” means attendance by an Authorised Medical Attendant and includes employment of pathological, bacteriological, radiological or other methods of examination (tests / investigations) for the purpose of diagnosis that are considered necessary by the Authorised Medical Attendant;
• consultation with any other medical officer as defined in Rule 3(1) to such extent and in such manner as certified by the Authorised Medical Attendant.
[Rule 3(10)]

 Question 10. What does "Treatment" means ?

• “Treatment” means administration of medicines / surgery / surgical facilities / vaccinations to cure, control and prevent any disease.
• Treatment shall also include as prescribed in Rule 3(12)(I)
[Rule 3(12)(I)]

 Question 11. What is not included in treatment ?

• Implants used for improvement of efficiency of any organ or part of the body, from its normal natural state, at the particular age of the government servant, other than those, which are specifically permitted under these Rules.
• Treatment taken for efficiency improvement like growth in height, cosmetic / plastic surgery to shape up some part of body / face, lippo-suction, weight reduction, dentures, use of spectacles/ contact lens etc. other than those, which are specifically permitted under these Rules.
[Rule 3(12)(II)]

 Question 12. Which items are included under dental treatment ?

• Dental treatment of major kind if the diagnosis of the pathological or other disease from which a patient is suffering indicates that the teeth are the real source of such disease.
• Dental treatment includes treatment of jaw bone disease, wholesale removal of teeth, surgical operation needed for removal of odontomes, impacted wisdom tooth, treatment of gum boils, extraction, scaling and gum treatment, filling of teeth, root canal treatment, pyorrhea and gingivitis.
• Cost of denture and treatment by private dentists or outside the hospital even on the advice of Authorised Medical Attendant shall not be reimbursed
Negative list for dental treatment is issued by FD vide Clarification No. F.6(2)FD/Rules/2016Pt-III dated 03.05.2018.
[Rule 3 (12)(I) & FD Clarification dated 03.0.52018]

 Question 13. Who is empower to recommend norms, procedure, approval etc. for empanelment of hospitals as Approved Hospitals and other issues regarding rates for various treatments/test / investigation, negative list etc. or any other related issue under these rules?

• Health Benefit Empowered Committee under the Chairmanship of ACS / Principal Secretary, Finance.
[Rule 4]

 Question 14. Can a State Government employee opt for any other Medical Insurance Scheme in lieu of benefits under these rules?

• Government servant may opt to avail medical facilities for him/herself and family, under Mediclaim Insurance Scheme, of any insurance provider regulated by the Insurance Regulatory & Development Authority (IRDA). Government will reimburse premium, as specified in Appendix-XIV (Rs. 3000 per annum). Such option shall be exercised in the form prescribed in Annexure-III, in writing to the Appointing Authority and shall be entered in service record. Such option once exercised shall be irrevocable and he /she shall not be entitled to avail facility of reimbursement of medical expenses under these Rules.
[Rule 5]

 Question 15. What amount will be reimbursable if a State Government servant avails Medical Attendance and treatment in a Government Hospital?

• A Government servant and his/her family, except those who opt for Mediclaim insurance, will be provided free medical attendance and treatment in a Government hospital.
• The list of items of reimbursement for the expenses incurred by a Government servant can bee seen at Rule 6 of these rules.
[Rule 6]

 Question 16. What amount will be reimbursable if a State Government servant avails Medical Attendance and treatment in an Approved Hospital arrangement ?

• Expenses incurred by a Government servant on account of medical attendance, treatment and implants shall be reimbursable to the extent indicated in Appendix-IX & Appendix-XI.
• Appendix – IX specifies the cost of specific implants and Stents and limit for reimbursement for cost of implants not mentioned therein.
• Appendix – XI specifies the extent of reimbursement of treatment

- The rates of CGHS Jaipur has been adopted as maximum chargeable rate for treatment in approved hospital within the State vide FD Order No. F.6(2)FD/Rules/2013Pt-III dated 27.06.2015.
- If treatment has been taken as per CGHS package rates (80% will be reimbursable)
- If treatment has not been taken as per CGHS package, the following rates will be applicable
S. No. Item Extent of Reimbursement (Rs)
1. Drugs & Medicines 90% of reimbursable drugs and Medicines.
2. Investigation 1. Rates as per Appendix -XVI
2. If rates are not prescribed in Appendix -XVI, 70% of actual expenditure
3. Operation Theatre Charges 50% of actual expenditure subject to maximum of Rs 5000/-
4. Anesthesia Charges 50% of actual expenditure subject to maximum of Rs 5000/-
5. Doctor Fees Rs.400/- per day or actual whichever is less subject to the maximum limit of Rs.20,000/-
6. Room Charges As per Appendix-XV
7. Blood Bank Charges including blood platelets/ plasma, radiation charges etc. As per Appendix-XVI
8. Dialysis Charges As per Appendix-XVI
9. Thalassemia Major At the rate approved under CM Relief Fund upto the extent of Rs 7 lacs.
[Rule 7]

 Question 17. What amount will be reimbursable if a State Government servant avails Medical Attendance and treatment in Hospitals under PPP arrangement ?

• In Hospital under PPP arrangement the Medical Attendance and treatment is allowed as per conditions prescribed in related concession agreement. However, reimbursement shall be limited to the extent as per rule 7.
[Rule 8]

 Question 18. What amount will be reimbursable if a State Government servant avails Medical Attendance and treatment in a Government Hospital outside State ?

• Medical Attendance and treatment on the scale and as per conditions applicable under these Rules, as if he/she has been on duty or on leave in Rajasthan.
• Government servants posted at Delhi shall be reimbursed charges paid to the private hospitals / clinics listed in Appendix-XII for tests and investigations which are considered necessary by medical officer of Government of Rajasthan posted in Delhi.
[Rule 9]

 Question 19. What is the procedure for taking treatment including specialized treatment in a Referral Hospital outside State ?

A Government servant may avail treatment on being referred to a hospital specified in Appendix-III upon certification by the Principal of concerned Medical College, based on the opinion of the Medical Board to the effect that the treatment of a particular disease from which the patient is suffering, is not available within Rajasthan, and it is considered absolutely essential for the recovery of the patient to have treatment in the hospital so specified.
[Rule 10 (1)]

 Question 20. What amount will be reimbursable if Government servant or his / her family is referred to referral hospital outside Rajasthan ?

• Upon reference as per rule 10 (1) following charges / expenses shall be reimbursable :

- Cost of Allopathic Drugs, Medicines, Vaccines, Sera or other therapeutic substances as reimbursable under these Rules ;
- Sums actually paid to the Hospital / Institution on account of medical attendance and treatment including charges for surgical operations and nursing facilities ;
- Expenses incurred on accommodation shall be reimbursed as per Appendix-XV according to the class he/she is entitled to ;
- Cost of specific Implants to the extent indicated in Appendix-IX ;
- Only one follow-up treatment on the advice of the treating doctor shall be allowed in cases where treatment has been undertaken in a referral hospital outside the State.
[Rule 10 (1)]

 Question 21. What amount will be reimbursable if a State Government servant avails Medical Attendance and treatment in a Referral Hospital outside State without being referred?

• In case a Government servant takes treatment in the referral hospital without reference as per Sub-rule 10(1) above, the reimbursement shall be allowed to the extent prescribed in Appendix-IX and Appendix-XIII.
[Rule 10 (2)]

 Question 22. What amount will be reimbursable if a State Government servant avails indoor treatment in an Unapproved Hospital within and outside the State?

• The reimbursement shall be allowed to the extent prescribed in Appendix-IX & Appendix-XIII for the charges paid by a Government servant on account of medical attendance and treatment as indoor patient in private unrecognized hospital within the State or outside the State in case of grave emergency for life threatening diseases or in case of accident. The emergent nature of hospitalization in private hospitals has to be established by an affidavit of the employee supported by a certificate of the treating doctor.
• No follow-up treatment shall be allowed in the cases where the treatment has been undertaken in emergent circumstances.
[Rule 11]

 Question 23. In case of both husband and wife are employed under State Government and comes under the purview of RCS (MA) Rules, 2013, what will be the procedure for Medical Reimbursement?

• Both husband and wife should furnish a joint declaration in Annexure-IV to their respective Head of Office as to who will prefer the claim for reimbursement of medical expenses, which can be revised only at the beginning of a financial year. In case of absence of such joint declaration, the claim shall be preferred by the husband.
• Both the spouses may prefer claims for their own medical expenses separately as well.
• In case of dependents each one has to declare in Annexure-IV, the names of family members he/she wants to claim reimbursement for.
[Rule 12(1)]

 Question 24. In case of both husband and wife are employed under State Government on or after 01.01.2004 how the claims will be regulated ?

• In case the spouse of the Government servant is recruited in State Government service on or after 01-01-2004, his/her claims shall be regulated under Rule 17, i.e. reimbursement of medical expenses from 2 sources.
[Rule 12 (2)]

 Question 25. In case the spouse of the Government servant is employed in State Autonomous Body / PSU, how the claims will be regulated ?

• In State Autonomous Body / PSU having prescribed procedures for reimbursement of medical expenses, he/she shall have option either to claim medical reimbursement under the Rules applicable on that body or under these Rules.
• For this purpose Government servant will furnish a declaration in Annexure-V to his controlling authority as to who will prefer the claim for reimbursement of medical expenses. Such option can be revised only at the beginning of a financial year.
[Rule 12 (3)]

 Question 26. In case the spouse of the Government servant is employed in other than Government organizations, how the claims will be regulated ?

• If the spouse of the Government servant is employed in other than Government organization where system of medical reimbursement exists and covered under any insurance scheme, his/her medical claims shall be reimbursed as per Rule 17.
[Rule 12 (4)]

 Question 27. What is the entitlement for accommodation in hospital?

• A Government servant and his/her family shall be entitled to free accommodation in the Government hospital under the category as specified under Appendix - XV
• Expenses incurred on accommodation by a Government servant for treatment in Approved / PPP / Referral Hospital shall be reimbursed as per Appendix-XV according to the class of accommodation he/she is entitled to.
[Rule 13]

 Question 28. What are the admissibility criteria for travelling allowance for any journey made for the purpose of medical attendance and treatment?

• A Government servant is entitled for reimbursement of travelling expenses as on tour, excluding daily allowance admissible under the Rajasthan Travelling Allowance Rules, for any journey made for the purpose of medical attendance and treatment to the following extent :

- If medical attendance and treatment is not available at the headquarters of the Government servant then forward and return journey made by the patient to the nearest headquarters of Authorised Medical Attendant.
- Forward and return journey made by the patient to consult a specialist referred by the Authorised Medical Attendant on the condition of patient being so serious or of special nature and requires medical attendance by a specialist medical officer other than himself.
- Forward and return journey made by the patient for specialized treatment in referral hospital on the recommendation of competent authority as referred in Rule 10.
- Forward and return journey made by an attendant, if the Authorised Medical Attendant certifies in writing that it is unsafe for the patient to travel unattended and attendant is necessary to accompany the patient to the place of treatment.
- Forward and return journey made by an Authorised donor of kidney under the provisions of the Transplantation of Human Organs Act, 1994 and Rules 1995.
[Rule 14 (1)]

 Question 29. How the claim for TA under these rules is regulated ?

• The claim for TA under these rules shall be drawn on TA bill form and a certificate from Authorised Medical Attendant should be attached with the claim. The Authorised Medical Attendant means as referred in rule 3 (1) (i to iv) and (vii).
[Rule 14 (2) (i) & Explanation]

 Question 30. What documents are required for sanctioning of Medical Advance?

• A certificate from the Principal / Unit Head of a Medical College, in case the treatment is undertaken in a Government hospital of the State or in a referral hospital
• A certificate from the Superintendent or Head of the Approved Hospital / Public Private Partnership Hospital where the treatment has been taken.
[Rule 15 (1) (iii)]

 Question 31. What are the provisions of Medical Advance for indoor treatment ?

• Medical advance up to 75% of the estimated amount of reimbursable expenditure may be given to the hospital concerned for indoor treatment as per Appendix - XVI. Head of Office / Head of Department / Administrative Department can sanction upto Rs. 50,000/- , 2,00,000/- and 3,00,000/- respectively under these rules.
• The advance shall be granted not earlier than 15 days of the actual date of operation / treatment as fixed by the Authorised Medical Attendant.
• Subsequent advance shall be granted only after the medical reimbursement claim(s) to the extent of previous advance has been submitted for adjustment, within one month from the date of discharge of the patient from the hospital. In case of default, residual amount with 12% interest shall be deducted from his next salary bill(s).
[Rule 15 (1) (i) (ii) (iv) (v)(vi)]

 Question 32. What are the provisions if treatment has not been taken by a Government servant after receiving the Medical Advance?

• If the patient does not take treatment, he/she shall have to refund the entire advance amount within 15 days. However, if the Authorized Medical Attendant reschedules treatment due to medical reasons, liability to refund shall accrue from the rescheduled date.
[Rule 15 (1) (vii)]

 Question 33. What are the provisions of Medical Advance for outdoor treatment ?

• In case of outdoor treatment, Head of office can grant medical advance (upto Rs. 10,000/-) to a Government servant for purchase of drugs and medicines for treatment of Heart, Cancer and Kidney diseases on the recommendation of Authorised Medical Attendant. In case of default, residual amount with 12% interest shall be deducted from his next salary bill(s).
[Rule 15 (2)]

 Question 34. What are the alternatives if a Government Employee cannot purchase medicine from Upbhokta Sangh / CONFED / DDC or any other authorized shop?

• In case medicines are not available at the authorized shop, then the in-charge of the shop will issue Non Availability Certificate and medicines can be purchased from market on the basis of NAC.
• In case of emergency or non-availability/closing of Co-operative Shop, medicines upto Rs 1000/- can be purchased from private shops.
• In case of indoor treatment, if facility of CONFED / Upbhokta Sangh or a shop authorised by the competent authority is not situated in the premises of Approved Hospital / Public Private Partnership hospital, then the medicines can be purchased from private shops.
• Medicines prescribed by the Authorised Medical Attendant can also be purchase from the shops run by the Rajasthan Medicare Relief Society.
[Rule 16]

 Question 35. If a government servant entitled for Medical facility under these rules also subscribe to Medical Insurance Policies in individual capacity, whether he is eligible for medical reimbursement from both the sources?

• A Government servant, who has subscribed / is subscribing to Medical Insurance Policies for himself/herself or his/her family, and is also eligible for availing medical facility under these Rules, may be allowed to claim reimbursement from both the sources.
• The beneficiary will make the claim first to the insurance company and the residual claim if any, to the concerned Head of Office. The reimbursement from both sources should not exceed total expenditure incurred by the beneficiary on the treatment.
[Rule 17]

 Question 36. What is the procedure for claiming reimbursement of Medical Expenses ?

• The detailed procedure for claiming reimbursement can be seen under rule 18 of RCS (MA) Rules, 2013.
[Rule 18]

 Question 37. What are the special concession to Government servants suffering from TB and Cancer?

• They are entitled for reimbursement of non-reimbursable medicines (upto Rs. 1,000/- per month)s and cost of special diet upto Rs. 500/- per month, which can be sanctioned by Head of Office with certain conditions as per Appendix - XIV.
[Rule 19]

 Question 38. What are the ceiling rate of reimbursement for Liver Transplant Surgery ?

• Please refer FD Order No. F.6(2)FD/Rules/2013Pt-II dated 01.04.2015 and guideline as per FD Order dated 27.02.2017.

 Question 39. What are the general guideline for prescription and ceiling reimbursable rates for Artificial Limbs and Calipers ?

• Please refer FD Order No. F.6(2)FD/Rules/2016Pt-II dated 14.07.2016.

 Question 40. What is the package rate of Heart Transplant and Heart Lung Transplant in approved hospital ?

• Actual expenses or to the extent as Heart Transplant is Rs. 8.00 lacs and Heart Lung Transplant to Rs. 10.00 lacs.
[FD Order No. F.6(2)FD/Rules/2016Pt-III dated 03.05.2018]

 Question 41. How can the updated list of approved hospitals be accessed ?

• Updated list of approved hospitals is available at Finance Department website.

 Question 42. What is the procedure for medical certificate for leave of State Government employee?

• The rules regarding medical certificate for leave are mentioned in Rajasthan Service Rules, 1951. The main rules for medical certificate are rule 70, 74 - 79, 81 & 83.
• The provision regarding power of issuing medical certificate has been mentioned in orders issued by Medical Education Department vide Order dated 08.01.1998, 10.12.2002 and 17.05.2012.

 Question 43. How the reimbursement of medical expenses is made after system generated new medical reimbursement form ?

• Reimbursement of medical charges shall be drawn on system generated new form GA - 36 M under the detailed held "Medical Charges". The amount drawn in the bill shall be supported by proper receipt and vouchers in all cases.
[Rule 191 of GF & AR Pt - I]

 Question 44. How the recoveries of amount of disallowance of medical reimbursement are made ?

• Recoveries of amount of disallowance of medical reimbursement shall be made from next medical reimbursement bill. However, if Government servant does not present any such bill within one month, then the same shall be recovered in case from next salary bill.
[Rule 176 (2) of GF & AR Pt - I]


Public Works Financial & Accounts Rules Part-I
लोक निर्माण वित्तीय एवं लेखा नियमों के संबंध में सामान्यतः पूछे जाने वाले प्रश्न एवं उनके उत्तर

General
 Question 1. PWF&AR का वर्तमान में प्रचलित IV Edition कब से प्रभावी है ?

दिनांक 01.07.1999 से।

 Question 2. PWF&AR - IV Edition के कुल कितने भाग हैं ?

कुल तीन भाग हैं।
भाग-1 में मुख्य नियम (नियम 1 से 762)
भाग-2 में परिशिष्ट (परिशिष्ट 1 से 16)
भाग-3 में RPWA प्रपत्र (RPWA 1 से 115)

 Question 3. PWF&AR - IV Edition के प्रकाशन दिनांक 1.7.1999 के बाद अभी तक कितने संशोधन आदेश/परिपत्र जारी हो चुके हैं।

दिनांक 17.8.2020 तक कुल 77

 Question 4. इन नियमों की प्रभावशीलता की क्या सीमा है?

ये नियम, सामान्य वित्तीय एवं लेखा नियमों तथा कोषागार नियमों में अन्तर्विष्ट उन सामान्य नियमों के पूरक हैं जो लोक निर्माण विभागों पर तब तक लागू होते हैं जब तक कि विषय या संदर्भ में कोई बात विरूद्ध न हो या उस सीमा तक लागू होते हैं जिस सीमा तक से नियम इस खण्ड में नियमों द्वारा उपान्तरित कर दिये गये हैं।

 Question 5. इन नियमों की व्याख्या (निर्वचन) की शक्तियां किसे प्राप्त हैं?

इस खण्ड के नियमों का निर्वचन (व्याख्या) करने की शक्ति वित्त विभाग को प्राप्त है।

 Question 6. PWF&AR/GF&AR/RTPP Act-Rules तथा RTR के प्रावधानों की परस्पर स्थिति क्या है?

(क) यदि किसी विषय पर लोक निर्माण वित्तीय एवं लेखा नियमों में पृथक उपबंध किये गये हों तो सामान्य वित्तीय एवं लेखा नियमों के उपबंध लागू नहीं होंगे।
(ख) यदि किसी विशेष बिंदु पर लोक निर्माण वित्तीय एवं लेखा नियमों में कोई विनिर्दिष्ट उपान्तरण किया गया है तो वह सामान्य वित्तीय एवं लेखा नियमों के उपबंधों पर अभिभावी होगा।
(ग) यदि किसी विशेष बिंदु पर लोक निर्माण वित्तीय एवं लेखा नियमों के नियम शांत हैं तो सामान्य वित्तीय एवं लेखा नियमों के नियम लागू होंगे।
(घ) यदि लोक निर्माण वित्तीय एवं लेखा नियमों और कोषागार नियमावली/कोषागार नियमों में कोई विरोधाभास हो तो बाद वाले अभिभावी होंगे।
(ड.) यदि लोक निर्माण वित्तीय एवं लेखा नियमों और RTPP Act/Rules में कोई विरोधाभास हो तो बाद वाले अभिभावी होंगे।

 Question 7. ‘विभाग’, ‘‘लोक निर्माण विभाग’’ तथा ‘‘अभियांत्रिकी विभाग’’ से क्या आशय है?

जब तक संदर्भ से प्रतिकूल सुव्यक्त न हों, इस पद में समस्त अभियांत्रिकी विभाग सम्मिलित हैं। यहां यह स्पष्ट किया जाता है कि इन नियमों में, जब तक विनिर्दिष्ट रूप से अन्यथा वर्णित न हो, शब्द ‘विभाग’, ‘लोक निर्माण विभाग’, ‘अभियांत्रिकी विभाग’ जहां कहीं भी आए हों, उनमें लोक निर्माण विभाग, सिंचाई और बहुद्देशीय नदी घाटी परियोजनाओं सहित सिंचाई विभाग (जल संसाधन विभाग), जन स्वा. अभि. विभाग, इंदिरा गांधी नहर विभाग सम्मिलित हैं।

 Question 8. प्रशासनिक स्वीकृति से क्या आशय है?

(1) मूल: प्रत्येक निर्माण कार्य के लिए (छोटे-छोटे निर्माण कार्यों और मरम्मत को छोडकर) प्रथमतः निर्माण कार्य की अपेक्षा करने वाले प्रशासनिक विभाग के सक्षम प्राधिकारी की सहमति प्राप्त करना आवश्यक है। निर्माण कार्य के लिए तकनीकी अनुमान अग्रिम रूप से तैयार किये जाने हैं और प्रशासनिक/वित्तीय स्वीकृति के प्रस्ताव के साथ प्रशासनिक विभाग को भेजे जाने होंगे। उस प्राधिकारी द्वारा प्रस्ताव की औपचारिक स्वीकृति को निर्माण कार्य का ‘प्रशासनिक अनुमोदन’ कहा जाता है और निर्माण कार्य की अपेक्षा करने वाले विभाग के स्थानीय अधिकारियों का यह कर्तव्य है कि वे इस पर अपेक्षित अनुमोदन प्राप्त करें। लगभग अनुमान और ऐसे प्रारंभिक प्लान जो प्रस्ताव पर प्रकाश डालते हों, सार्वजनिक निर्माण विभाग से प्राप्त करने चाहिए। इस नियम में विहित प्रक्रिया, मूल रूप से अनुमोदित प्रस्तावों के उपांतरणों, यदि ऐसे उपांतरणों के कारण पुनरीक्षित प्रशासनिक अनुमोदन आवश्यक हो जाये, को और मूल प्रस्तावों से तात्विक विचलन को भी लागू होंगे चाहे उसकी लागत अन्य मदों पर बचत द्वारा पूरी कर ली जाये।
ऐसे निर्माण कार्यों के संबंध में, जो किसी विशिष्ट विभाग के लिए अपेक्षित न होकर आम जनता के हित के हों जैसे सडकें और पुल, सिंचाई निर्माण कार्य और प्रकीर्ण सुधार, तकनीकी स्वीकृति के प्रयोजन के लिए विस्तृत अनुमान तैयार किये जाने के पूर्व प्रारंभिक डिजाइनों और अनुमानों के प्रस्तुतीकरण और संवीक्षा के बारे में आवश्यक नियम सिंचाई, जन स्वास्थ्य अभियांत्रिकी विभाग द्वारा लो. नि. वि. की विभागीय नियमावलियों में मिलेंगे।
(2) पुनरीक्षित: जब किसी निर्माण कार्य पर व्यय उसके लिए प्रशासनिक रूप से अनुमोदित रकम से 10 प्रतिशत से अधिक हो जाता है या अधिक होने की संभावना है, या जहां मूल प्रस्तावों से तात्विक विचलन होता है, चाहे उसकी लागत अन्य मदों पर की बचत से पूरी हो जाने की संभावना हो, तो इस प्रकार बढी हुई लागत के अनुमोदन के लिए सक्षम प्राधिकारी से पुनरीक्षित प्रशासनिक अनुमोदन प्राप्त करना आवश्यक है।

 Question 9. वित्तीय स्वीकृति से क्या आशय है?

वित्तीय स्वीकृति से नियम 284 में निर्दिष्ट सभी वृहत् निर्माण कार्यों के लिए प्रस्तावित व्यय और एकमुश्त प्रावधान के प्रति अवशिष्ट के लिए सरकार के वित्त विभाग की विनिर्दिष्ट सहमति अभिपे्रत है। अन्य सभी मामलों में, निधियां के विनियोजन या पुनर्विनियोजन (नियम 290 देखें) का कार्य संबंधित व्यय की स्वीकृति के रूप में प्रवर्तित होता होगा। वित्तीय स्वीकृति, जहां आवश्यक हो, प्राप्त करने का कर्तव्य निर्माण कार्य की अपेक्षा करने वाले विभाग का होता है। उस रकम से, जिसके लिए वित्तीय स्वीकृति दी गयी है, अधिक किसी भी रकम के लिए पुनरीक्षित वित्तीय स्वीकृति अपेक्षित है जिसके लिए, ज्यों ही ऐसे आधिक्य का पूर्वानुमान हो, संबंधित प्रशासनिक विभाग के माध्यम से यथाशीघ्र आवेदन करना चाहिए। स्वीकृतियां शीघ्र देने की दृष्टि से, निर्माण कार्यों के लिए प्रशासनिक अनुमोदन और वित्तीय स्वीकृति वित्त विभाग की अनुज्ञा से साथ-साथ दी जा सकेगी।

 Question 10. तकनीकी स्वीकृति से क्या आशय है?

विस्तृत तकनीकी अनुमान तैयार करने के पूर्व निम्नलिखित अपेक्षाओं को पूरा करना चाहिए:
1. संदर्भ बैंच अंक स्थापित किये जाने चाहिये।
2. विस्तृत सर्वेक्षण और अनुसंधान किये जाने चाहिए और कार्यचालन डिजाइनें/रेखांक तैयार करने चाहिए।
3. ऐसी प्रणालियों को, जो एक यूनिट के रूप में कार्य करती हैं, सक्षम प्राधिकारी द्वारा समग्र प्रणाली के रूप में स्वीकृत किया जाना चाहिए। नीचे के स्तर पर स्वीकृत करने हेतु इनके टुकडे नहीं किये जाने चाहिए।
छोटे-छोटे कार्यों और छोटी-छोटी मरम्मतों, और ऐसी मरम्मतें जिनके लिए नियम 320 के अधीन अधीक्षण अभियंता द्वारा एक मुश्त प्रावधान स्वीकृत किये गये हैं, के सिवाय किये जाने के लिए प्रस्तावित प्रत्येक निर्माण कार्य के लिए समुचित रूप से ब्यौरे देते हुए अनुमान सक्षम प्राधिकारी द्वारा स्वीकृत किये जाने के लिए तैयार किया जाना चाहिए। यह स्वीकृति अनुमान के लिए तकनीकी स्वीकृति के रूप में जानी जाती है। निर्माण कार्य के लिए निविदाएं केवल तकनीकी स्वीकृति जारी होने के पश्चात् ही आमंत्रित की जायेंगी और इसके प्रति निर्देश निविदाएं आमंत्रित करने के नोटिस में दिया जायेगा। जैसे कि इसके नाम से उपदर्शित होता है, यह इस बात की प्रतिभूति के अलावा कुछ भी नहीं है कि प्रस्ताव आधारभूत रूप से ठोस हैं और अनुमानों की संगणना त्रुटिहीन है और पर्याप्त आंकडों पर आधारित है। तकनीकी स्वीकृति के अन्तर्गत, 50 लाख रुपये से अधिक की तकनीकी स्वीकृति वाले या 18 मास से अधिक की कालावधि वाले निर्माण कार्यों के निष्पादन के लिए एक पर्ट (कार्यक्रम, मूल्यांकन और पुनर्विलोकन तकनीक) चार्ट आता है। इससे विलंब के कारणों का विश्लेषण करने में भी सुविधा रहेगी। ऐसी स्वीकृतियां सार्वजनिक निर्माण विभाग के ऐसा करने के लिए प्राधिकृत किसी अधिकारी द्वारा प्रदान की जायेंगी। किन्हीं छोटे-छोटे कार्यों से भिन्न किसी मूल निर्माण कार्य के मामले में, योजनाओं और अनुमानों पर, उस स्थानीय विभागाध्यक्ष के, जिसकी ओर उसका निष्पादन प्रस्तावित है या उससे निम्न हैसियत के ऐसे अन्य अधिकारी के, जिसको उस पर प्रशासनिक अनुमोदन करने के लिए सशक्त किया गया है, प्रतिहस्ताक्षर, पश्चात्वर्ती के लिए तकनीकी स्वीकृति प्रदान करने के पूर्व, उनको स्वीकार करने के प्रतीकस्वरूप प्राप्त करने चाहिए। यदि तकनीकी स्वीकृति प्रदान करने के पश्चात् तात्विक आधारभूत परिवर्तन अनुध्यात हों तो मूल स्वीकृति प्राधिकारी के आदेश प्राप्त किये जाने चाहिए चाहे परिवर्तनों से कोई अतिरिक्त व्यय न होता हो। पुनरीक्षित तकनीकी स्वीकृति के लिए, परिशिष्ट XIII की मद 5 के साथ नियम 368 देखें।

 Question 11. निर्माण विभागों के कार्यों का मुख्य वर्गीकरण क्या है ?

विभाग की संक्रियाओं को मूल रूप से दो वर्गों अर्थात् ‘‘ मूल निर्माण कार्य’ और ‘अनुरक्षण/मरम्मत’ में विभाजित किया गया है जिनको पुनरीक्षित लेखा वर्गीकरण के अधीन ‘ निर्माण’ और ‘अनुरक्षण और मरम्मत’ कहा गया है।
मूल कार्य की परिभाषा नियम 11 (37) तथा मरम्मत की परिभाषा नियम 11 (47) पर दी गयी है। नियम 282

 Question 12. निर्माण विभाग के कार्यों को कितने भागों में विभाजित किया गया है?

निर्माण कार्यों को तीन वर्गों में विभाजित किया गया है अर्थात्-
1. छोटे-छोटे निर्माण कार्य अर्थात् जिनकी लागत 4.00 लाख रुपये से अधिक न हो।
2. लघु निर्माण कार्य अर्थात् जिनकी लागत 4.00 लाख रुपये से अधिक हो किन्तु 5.00 करोड रुपये से अधिक न हो, और
3. वृहत् निर्माण कार्य जिनकी लागत 5.00 करोड रुपये से अधिक हो।

 Question 13. निर्माण विभागों द्वारा निष्पादित किये जाने वाले कार्यों की मूलभूत आवश्यकता क्या है?

(क) किसी निर्माण कार्य की किसी परियोजना से संबद्ध चार मुख्य चरण होते हैं अर्थात् प्रशासनिक अनुमोदन, वित्तीय स्वीकृति, तकनीकी स्वीकृति और निधियों का विनियोजन या पुनर्विनियोजन।
(ख) निर्माण कार्यों का निष्पादन प्रशासनिक, वित्तीय और तकनीकी स्वीकृति तथा बाद में बजट आवंटन के बिना प्रारंभ नहीं किया जाना चाहिए। तथापि प्रारंभिक कार्यों जैसे सर्वेक्षणों, अन्वेषणों, परामशी्र सेवाओं सहित विस्तृत डिजाइन/रेखांक, भू-अवाप्ति पर व्यय उपगत करने के लिए स्वीकृति सक्षम प्राधिकारी द्वारा दी जा सकेगी।
प्रत्येक विभाग में ऐसे निर्माण कार्यों के लिए पृथक् बजट प्रावधान उपलब्ध होने चाहिए। सभी तकनीकी और कार्यकरण ब्यौरे निकालने के पश्चात् और सर्वेक्षण तथा अन्वेषण के पूर्ण होने, कार्यकरण रेखांक/डिजाइन बन जाने पर विस्तृत तकनीकी अनुमान तैयार किये जायें और स्वीकृत कराये जायें। विस्तृत अन्वेषण कराने और डिजाइन/रेखांक तैयार कराने में, जहां आवश्यक हो, परामर्शदात्री एजेन्सियों की सेवाऐं ली जा सकेंगी। विस्तृत तकनीकी अनुमानों की स्वीकृति के पश्चात्, तकनीकी स्वीकृति की एक प्रति के साथ बजट आवंटन के लिए आवेदन करना चाहिए।

 Question 14. निर्माण कार्यों हेतु किये जाने वाले अनुबंध कितने प्रकार के हैं?

Percentage Rate Contract RPWA-100
Item Rate Contract RPWA -101
Lump sum Contract RPWA - 102 (नियम 322)

 Question 15. राज्य सरकार की ओर से अनुबंध करने वाले अधिकारियों को ध्यान रखने योग्य प्रावधान क्या है?

सामान्य वित्तीय एवं लेखा नियम भाग-। के नियम 19 में दिशा-निर्देश दिये गये हैं।

 Question 16. Lump sum contract से संबंधित नियम क्या है?

नियम 378, 379, 512 तथा 526 (नियम 324)


Rajasthan Transparency in Public Procurement
Please note that the questions which have been answered below are among the ones, which are being asked by the officers of procuring entities on frequent basis. In order to provide help to the procuring entities, efforts have been made to present the factual position as per the RTPP Act and Rules on those issues, however, please ensure to go through the provisions of the Rajasthan Transparency in Public Procurement Act, 2012, and the Rules, 2013 made thereof, thoroughly before moving forward in any procurement process. In case of any discrepancy between the information presented here and the said Act & Rules, the provisions of the said Act and Rules shall prevail. If you happen to find any anomaly in these or want to draw the attention of SPFC towards any specific issue in this regard, please feel free to write to us at cao.spfc@rajasthan.gov.in.)

General
 Question 1. What is a Bid?

As per Section 2 (i) of RTPP Act, 2012, “Bid” means a formal offer made in pursuance of an invitation by a procuring entity and includes any tender, proposal or quotation.

 Question 2. What is the minimum response time for bidders or how should the Procuring Entity calculate response time?

The minimum time of submission of bids shall be calculated from the date of first publication of NIB on State Public Procurement Portal, as mentioned in Section 29(5) of RTPP Act and Rule 43 of the RTPP Rules, and as per the Circular no. 04/2015, dated 31.08.2015, issued by the Finance (SPFC) Department.

 Question 3. How and where the bid should be opened? What is the procedure of bid opening?

As per rule 55 of RTPP Rules, 2013, the bid shall be opened in presence of the bidders or their authorized representatives, who choose to be present, at the time, date and place specified in the bidding documents. Technical bids should be opened within one day of last day of submission of bids, as per rule 40. For complete procedure of bid opening, see rule 55 of RTPP Rules, 2013.

 Question 4. How the amount for bid security will be calculated?

Amount of bid security will be calculated as per the provisions given in Rule 42 of RTPP Rules, 2013. Please also refer FD (G&T) Notification dated 13.08.2020

 Question 5. In which cases, the Bid Security shall not be taken?

According to the provision of Rule 42 of RTPP Rules, 2013 bid security shall not be taken in case of petty procurement valuing up to rupees ten thousand and procurement by the methods of limited bidding under clause (b) and (c) of sub-section (1) of section 30, request for quotations, spot purchase, single source procurement and competitive negotiations.

 Question 6. Is there any concession from bid security for MSMEs or any other entities?

As per Rule 42 (2), in case of Small Scale Industries of Rajasthan, the bid security shall be 0.5% of the quantity offered for supply and in case of sick industries, other than Small Scale Industries, whose cases are pending with Board of Industrial and Financial Reconstruction, it shall be 1% of the value of bid. Concessional bid security may be taken from registered bidders as specified by the State Government. In lieu of bid security, a bid securing declaration shall be taken from Departments of the State Government and Undertakings, Corporations, Autonomous bodies, Registered Societies, Cooperative Societies which are owned or controlled or managed by the State Government and Government Undertakings of the Central Government. Please also refer FD (G&T) Notification dated 13.08.2020

 Question 7. Who shall be a procuring entity?

Procuring entity shall be an entity as described in Section 3 (2) of the Rajasthan Transparency in Public Procurement Act, 2012.

 Question 8. Can procuring entity reject bids at its discretion?

As per provisions of Rule 72 of RTPP Rules, 2013, procuring entity reserves the right to accept or reject any bid, and to annual the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the bidders. Reasons for doing so shall be recorded in writing.

 Question 9. Whether the procuring entity can enter into negotiations with the bidders for the reduction in the prices?

As per the provisions of Rule 69 of RTPP Rules, 2013, to the extent possible, no negotiations shall be conducted after the pre-bid stage but if ring prices have been quoted by the bidders for the subject matter of procurement or the rates quoted very considerably and considered much higher than the prevailing market rates, procuring entity has full powers to undertake negotiations with the lowest or the most advantageous bidder only.

 Question 10. Is negotiation allowed to be made with all the bidders or only with the lowest evaluated bidder(s)?

As per the provisions of Rule 69 (3) of RTPP Rules, 2013, the bid evaluation committee shall have full powers to undertake negotiations. The negotiations shall be taken up with the lowest or the most advantageous bidder only. Detailed reasons and results of negotiations shall be recorded in the proceedings. Rule 69 (6) of RTPP Rules, 2013 further clarifies that in case of non-satisfactory achievement of rates from lowest or most advantageous bidder, the bid evaluation committee may choose to make a written counter offer to the lowest or most advantageous bidder and if this is not accepted by him, the committee may decide to reject and re-invite bids or to make the same counter-offer first to the second lowest or most advantageous bidder, then to the third lowest or most advantageous bidder and so on in the order of their initial standing and work / supply order be awarded to the bidder who accepts the counter-offer. This procedure should be used in exceptional cases only.

 Question 11. What course of action will be adopted by the procuring entity when all the bids prices substantially exceed the cost estimated/market value?

In such a case, the procuring entity may act as per provisions of Rule 69 of RTPP Rules, 2013. This procedure should be used in exceptional cases only. In case, the rates even after the negotiations are considered very high, fresh bids shall be invited.

 Question 12. Who can upload bid documents at SPP Portal?

The procuring entity concerned.

 Question 13. How the bid documents can be uploaded by the procuring entity?

For uploading bid documents, a procuring entity shall have to get user id and password from the Nodal Officer, nominated at the level of their respective Head of the Department.

 Question 14. In which format the bid documents can be uploaded?

All the documents to be uploaded should be in pdf format.

 Question 15. What is the procedure for uploading?

The procuring entity shall "Sign in" with user id and password and click to upload module. First the NIB shall be uploaded and, immediately after that, the bid documents in Bid or Corrigendum module shall be uploaded. After the process of opening of bids is done as per rules, the comparison chart of technical and financial bids shall be uploaded in "comparison chart module" and, thereafter, letter of award of contract shall be uploaded in "work order module".

 Question 16. If only one bid is received in response to a NIB advertised, should the single bid be accepted or the NIB is to be re-advertised?

If after evaluation of bids, the committee ends up with one responsive bid only, in such a situation, the action as provided as per Rule 68 of RTPP Rules, 2013 shall be taken by the procuring entity concerned. There is no need to refer such matters to Finance Department, GoR.


Methods Of Procurement
 Question 17. How can a procuring entity opt for limited bidding method of procurement

Limited Bidding method can be taken up by a procuring entity as per Section 30 of the RTPP Act and Rule 16 of the RTPP Rules.

 Question 18. What is the procedure of limited bidding?

The procedure of limited bidding shall be as provided in Rule 16(2) of RTPP Rules.

 Question 19. Is it mandatory to publish limited bidding process on SPP Portal?

Yes, it is mandatory to publish every bidding process on SPP Portal, if the value of any procurement under the Act is Rs. One Lakh or more.

 Question 20. Is it mandatory to publish NIB in newspapers when a procuring entity opting limited bidding method of procurement?

The procuring entity should refer Section 30 of the RTPP Act and Rule 16 of the RTPP Rules, 2013 in this regard.

 Question 21. What is the minimum time to be given to bidders for offering their bids under limited bidding method?

As per the provision of Rule 16 (2) (c), a minimum period of seven days, in case of emergency after recording reasons three days, shall be given to the bidders to offer their bids.

 Question 22. When should the written invitation of bids under limited bidding method be sent to bidders?

As per Rule 16(2)(a) of the RTPP Rules, 2013, in case of limited bidding, the uploading of bid invitation on SPP Portal and sending the written invitation to the bidders is to be done on the same day.

 Question 23. If invitation is not issued to a bidder under limited bidding method and still, he submits a bid, can the procuring entity consider the bid?

Yes. As per rule 16(2)(b), the procuring entity may allow all prospective bidders, who fulfill the qualification criteria laid down for the procurement in the bidding documents, whether an invitation to bid has been issued to such bidders or not, to participate in the bidding process.

 Question 24. When can be method of single source procurement opted for?

The single source method of procurement can be adopted in the conditions as provided in section 31 of the RTPP Act and the rule 17 of the RTPP Rules.

 Question 25. Who is competent to decide whether or not to adopt single source procurement method?

The procuring entity itself is competent to choose the method of procurement out of the methods prescribed under Section 28 of the RTPP Act and Rule 14 of the RTPP Rules.

 Question 26. Is it necessary to obtain the concurrence of the Finance Department, if a procuring entity chooses to adopt single source procurement method under Section 31 of the RTPP Act or Rule 17 of the RTPP Rules?

There is no need to obtain concurrence from Finance Department in any such case.

 Question 27. Is it necessary to exhibit the invitation of the bid on state public procurement portal in case of single source procurement?

Yes, subject to clause (a) of rule 17(2).

 Question 28. Can negotiations be undertaken with the single source bidder?

Yes, subject to section 31(2)(b) of the RTPP Act, 2012 and rule 17(2)(b) and rule 69 of the RTPP Rules, 2013.

 Question 29. A procuring entity has placed a work-order for procuring a subject matter of procurement to a duly selected bidder. Can any other procuring entity give order for the same subject matter of procurement on the same prices to the same bidder under single source method?

No.

 Question 30. Is Bid Security to be obtained under single source method?

In conditions as provided in rule 17(2)(d), bid security shall not be obtained under this method.

 Question 31. Is Performance Security to be obtained under the single source method?

Action in this regard shall be taken by the procuring entity as per rule 17(2)(e) and rule 75 of the RTPP Rules, 2013.

 Question 32. Who is responsible for the preparation of the bid documents?

As per rule 3 of the RTPP Rules, 2013, the committee, formed for this purpose, shall prepare the bid documents for the proposed procurement.

 Question 33. Should the Procuring Entity get the draft of bid documents vetted from the Finance Department?

No, vetting of draft bid document by Finance (SPFC) Department is not required, however, the aspects related to the expenditure and financial commitments, wherever applicable, should be got duly approved from the Finance (Expenditure) Department by the Administrative Department concerned.

 Question 34. Which committees are to be formed for appropriate completion of the procurement process?

The formation of committees for the procurement process is provided in rule 3 of the RTPP Rules, 2013.

 Question 35. Is it mandatory to include the senior most accounts officer or official of the procuring entity in each committee?

Yes, as per rule 3 of the RTPP Rules, 2013.

 Question 36. Can a technical member be included, if the subject matter of procurement is of technical nature?

Yes, as per rule 3 of the RTPP Rules, 2013.

 Question 37. Due to certain complexities, if it is found that the bid documents cannot be prepared at the level of procuring entity, can the professional services for the same be hired from a consultant?

Yes, as per rule 3 of the RTPP Rules, 2013, but prior approval from the competent authority must be obtained before this.

 Question 38. Is it mandatory to have prior administrative, technical and financial sanctions, for the proposed procurement?

Yes. As per Rule 11, for each procurement, it shall be necessary to obtain all required approvals and sanctions as applicable. In case of procurement of works, this shall include administrative sanction, financial sanction, technical sanction and appropriation or re-appropriation. The procuring entity must have the necessary financial powers delegated to it for procurement of the subject matter.

 Question 39. Is procurement through Quality-cum-Cost Based System (QCBS) or Quality Based System (QBS) permissible under the RTPP Act and Rules?

Yes, provided that the procurement is done in accordance with relevant provisions of the RTPP Act and Rules for the same, specifically, provisions in section 14(5), section 27(1)(b), rule 58(1)(t) etc., which provide for attaching relative weights to the criterion and for giving weightage to the bidders at the time of evaluation of technical bids. The criteria of weightage need to be clearly mentioned in the bid documents. The open bidding method shall be the most preferred method for QCBS/QBS also.

 Question 40. Is there any protection to public servants for their action in Good Faith under RTPP Act and Rules?

Section 51 of the RTPP Act provides for the protection of action taken by officers or employees of the procuring entity in good faith under this Act.

 Question 41. What action can be taken under vexatious complaints/appeals?

Action in such a case can be taken as provided in section 43 of the RTPP Act.

 Question 42. Is GF&AR Part-II applicable for any procurement now?

Section 59 of the RTPP Act and Rule 86 of the RTPP Rules need to be referred here. This is clarified that those provisions of GF&AR, PWF&AR etc. which have been covered in the Act and the Rules stand repealed to the extent as provided. Further, the provisions of GF&AR-II which were inconsistent with the provisions of the Act and the Rules automatically stand repealed. The remaining Rules, Notifications, etc. shall keep on existing, until they are repealed or superseded by any rule, guideline, notification or order, as the case may be, made or issued under the Act.

 Question 43. What is swiss challenge method of procurement?

Swiss Challenge Method of procurement is a method of procurement which involves an unsolicited proposal for a government project and allows the third parties to challenge the original proposal through open bidding and then lets the original proponent counter-match the most advantageous or the most competitive offer.

 Question 44. Under swiss challenge method of procurement, to which authority shall the proposal be submitted by the project proponent?

As per rule 79D(1) of the RTPP Rules, the project proposal, duly filled in forms prescribed, shall be submitted by the project proponent to the Administrative Department concerned.

 Question 45. What is the minimum and maximum threshold limits for any proposal to be submitted under swiss challenge method?

The minimum threshold limit is Rs. Fifty crores, as per rule 79C(iii) of the RTPP Rules. There is no maximum limit as such.

 Question 46. What are the sectors under which a swiss challenge proposal can be submitted by a project proponent?

The sectors which are permissible under for a swiss challenge proposal can be referred to in the rule 79B of the RTPP Rules.

 Question 47. What category of projects cannot be taken under swiss challenge method?

The project proposals as mentioned at rule 79C of the RTPP Rules, are not acceptable under the swiss challenge method of procurement.

 Question 48. What shall be the timeframe for the process of procurement under swiss challenge method?

The time frame for the swiss challenge method of procurement has been provided at rule 79M of the RTPP Rules.

 Question 49. What shall be the eligibility criteria for a project proponent?

The eligibility criteria for a project proponent shall be as provided in rule 79N of the RTPP Rules.

 Question 50. What is the latest limit for e-procurement?

As per the notification dated 31.08.2016, issued by Finance (G&T) Department, electronic procurement shall be mandatory for procurement of goods and services having estimated value of rupees ten lakhs or more and for procurement of works having estimated value of rupees five lakhs or more.

 Question 51. Can a Procuring entity procure goods/works from a PSU, which is other than those of Government of Rajasthan?

Yes, but the PE is required to take prior concurrence from FD before the procurement, if the Procurement is under FD's notification dated 04.09.2013

 Question 52. What is UBN?

UBN means Unique Bid Number. It is a 16 digits number which is generated automatically just after uploading the bid document on SPPP.

 Question 53. It is mandatory to mention UBN in NIB to be published in newspaper?

Yes. The Deptt. of Information & Public Relations (DIPR/Raj. Samwad) have been asked to not to accept any NIB without UBN mentioned therein. (Please refer FD's circular No. 01/2017 dated 23.01.2017)

 Question 54. Who can procure goods and services from GeM Portal?

According to the guidelines issued by FD on dated 01.05.2017, any PE can procure goods/services from GeM Portal following the said guidelines.

 Question 55. Is it mandatory to upload procurement related documents on SPPP, even when a PE procures goods/services from GeM?

Yes. When the PE opts to procure goods/services from GeM Portal, the PE has to upload two documents, namely Bid Summary Sheet and Work Order, on SPPP under Single Source method. Meanwhile, a separate module on SPPP is being processed for GeM Portal, till then, procurement related documents under GeM need to be uploaded as mentioned above.

 Question 56. Is it mandatory to be registered on GeM Portal?

Yes. Please refer FD's circular No. F.2(2)FD/SPFC/2017 dated 25.07.2017 in this regard.

 Question 57. Is it mandatory to send the details of procurement made through GeM Portal to FD, SPFC?

Yes. On monthly basis as per FD's circular No. F.2(2)FD/SPFC/2017 dated 25.07.2017.

 Question 58. Is there any financial limits for procurement through GeM?

A PE can procure goods/services upto Rs. 10,000/- by direct procurement method at one time on GeM Portal. Above Rs. 10,000/-, a PE can procure goods/services only by bidding or reverse auction methods available on GeM Portal. (Please refer FD's circular No. F.1(8)FD/SPFC/2017 dated 01.05.2017)

 Question 59. Can AD/FD issue post facto sanctions in any matter related to procurement under RTPP Act & Rules ?

There is no provision in RTPP Act & Rules for post facto sanctions in any such matter, which has been done in non-compliance of RTPP Act & Rules.Hence, all the PEs must rely with the provision of RTPP Act & rules from the initial level in every procurement process.

 Question 60. Is it mandatory to procure subject matter of procurement from the under FD's notification dated 04.09.2013 under rule 32 of RTPP Rules, 2013?

No, it is optional and depends upon the decision of the PE concerned. Any PE may or may not choose to procure under Notification dated 04.09.2013.

 Question 61. Is it mandatory for all PEs to prepare annual plan for procurement?

Yes, Under Section 5 of the RTPP Act, it is mandatory for all PE's.

 Question 62. Can MSMEs outside the State have been relaxed from depositing the concessional bid security under RTPP Act/Rules?

Amount of bid security will be calculated as per the provisions given in Rule 42 of RTPP Rules, 2013. Please also refer FD (G&T) Notification dated 13.08.2020. Please also refer FD (G&T) Notification dated 13.08.2020

 Question 63. Is it mandatory to procure goods/services from GeM Portal?

No, A PE may choose to procure goods/services under the methods prescribed in RTPP Act/Rules or through GeM Portal, as per their own requirement.

 Question 64. Is it mandatory to organize pre-bid conference by PE for clarification related bid documents?

No, As per Section 22 & Rule 46 of RTPP Act/Rules, it is not mandatory to organize pre-bid conference by PE.

 Question 65. When a PE can choose to invite two part bids?

In case of evaluation of technical aspect of a bid as per section 13 of RTPP Act.

 Question 66. Can a PE open financial bid of a bidder who has been disqualified in technical bid evaluation?

No, As per section 13 of RTPP Act.

 Question 67. Can a PE upload bid document after the NIB publish date ?

No, it shall be on the same day of publication of NIB as per Rule 36(1) and circular dated 31-03-2017.

 Question 68. Is there any minimum mandatory time for submitting proposal in Single Source method of procurement?

Yes, it is 7 days as per Rule 40(1) of the RTPP Rules 2013.

 Question 69. What is the highest limit of procurement through spot purchase method of procurement?

Rupees fifty thousand on one occasion but shall not exceed Rupees 3 lakh in a financial year as per Rule 25.

 Question 70. Whether bid security of successful bidder can be adjusted against performance security?

Yes. This can be done under Rules 42(12) of the RTPP Rules.

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