Amendment to G.O. 7 of Fisheries

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

FISHERIES Department – Regulation of fresh water aquaculture – Amendment to G.O.Ms.No.7, dated 16.03.2013 – orders – issued.
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ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (FISH.II) DEPARTMENT

G.O.Ms.No. 8

Dated:25-03-2013

Read the following:

Ref: -1. G.O. Ms. No.18, AH,DD&F(FII)Dept., Dated. 03-04-2012.
2. GO. Ms. No.7, AH,DD&F(FII)Dept., Dated. 16-03-2013.
3. From the Commissioner of Fisheries, A.P. Hyderabad,Lr. No. 4588/P2/2010, dated. 18-03-2013.

* * *

ORDER:

In the circumstances reported by the Commissioner of Fisheries in the reference 3rd read above, the following amendment is issued to the reference 2nd(second)read above:

AMENDMENT

For the existing para-4 of the G.O 2nd read above, the following shall be substituted:

4. The Commissioner of Fisheries has sent comprehensive proposal vide reference 18th cited. The Government after careful examination of the proposal of the Commissioner of Fisheries and in supersession of the orders issued in the G.Os vide references 8, 9, 10, 11, 12 and 13 read above, hereby issue the following comprehensive and consolidated instructions and guidelines to consider the cases for regularization of existing un-registered fresh waster aqua-culture farms and also for registering new fresh water aqua-culture farms.

[Explanation:With this amendment, G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (FII)Department Dt.16.03.2013 supersede GO.Ms.No.83(12-09-2007), GO.Ms.No.24(09.04.2010), GO.Ms.No.47 (24.06.2010), GO.Ms.No.67(17-09-2011), GO.Ms.No.79(01-11-2011) and GO.Ms.No.18(03-04-2012)of AH,DD&F Dept.]

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

To
The Commissioner of Fisheries, A.P. Hyderabad.
All District Collectors/District Fisheries Officers through Commissioner of Fisheries.
Copy to:
The PS to Minister(AHDD F & VU).
The Environment, Forests, Science &amp Technology Department.
The Irrigation and Command Area Development Department.
The Finance Department.
The Law Department.
SF/SC.

// FORWARDED::BY ORDER //

SECTION OFFICER

STREAMLINING THE TENDERING PROCEDURE-1

EXECUTION OF WORKS
STREAMLINING THE TENDERING PROCEDURE
PANCHAYAT RAJ DEPARTMENT
Panchayat Raj & Rural Dept. (Progs.ll) Department.

G.O.Ms.No. 477.

Dated.12-11-1998.

Ref:- 1. G.O.Ms.No. 589, PR Dept., dated 29-9-1989.
 2. Govt. Memo.No. 87931/RS-11/89-3, Dt. 4-10-1990.
 3. G.O.Ms.N0. 132, TR & B(R.I.) Dept. Dt.11-8-1998

O R D E R:—

In the G.O. 1st read above, Government have issued certain rules for Panchayat Raj Engineering Department in regard to inviation and acceptance of tenders. In the Memo second read above executive instructions were issued for entrustment of RWS works on nomination basis. In the G.O. 3rd read above, Govt. have issued comprehensive orders to be followed by all works departments for streamlining the tender procedure and enhancement of technical sanctions to the EEs and SES. In pursunace of these orders the Engineer-in -Chief (PR) has requested the Government in Panchayat Raj & Rural Development Department for issue of executive instructions for Panchayat Raj Engineering Department.

2. Government, after careful consideration of the proposal of the ENC, PR hereby issue the following instructions, in cancellation of the instructions issued in the memo second cited and pending issue of necessary amendment to the rules issued in the G.O. first read above.

1. Items to be included in the estimate after its preparation as per SSR:— The following items may be included in the estimate after its preparation as per SSR:
   1. Turnover tax @ 1% in rates of various items relating to works of canal digging, lining and repairing, road works and other than the above 3% on all categories of contracts.
   2. A lumpsum provision be made in the abstract estimate considering the agreement period and one year's observation period by obtaining the details of insurance premium from insurance organisations.
   3. Lumpsum provisions be made in the estimate to meet the expenditure to be incurred by a contractor on:
      1. Engaging technical personnel
      2. Performance guarantee
      3. Construction of temporary store sheds.
2. Reduction of permissible tender excess:- The tenders with an excess of 20% of the estimated rates shall be summarily rejected.
3. Steps to be taken to ensure that ultimately tender excess is not morethan the prescribed limit:- With a view to prevent collusion or the formation into a ring by contractors, the following procedure shall be followed:
   1. Tender schedules shall be issued till a date prior to the last date of submission of tenders.
   2. Once a contractor buys a tender schedule, he shall not be permitted to return the schedule. After buying a tender-schedule, if a contractor does not tender for the work, his EMD shall be forfeited (cash or bank guarantee or both). If the EMD paid at the time of purchasing the tender-schedules is less because of the contractor having a L.S.D. (Lumpsum Deposit) concession then in forfeiting the EMD, the remaining amount of LSD refunded to the contractor so that he can make a fresh deposit of LSD.
   3. Time allowed from the date of publication of tender notice to the date of receipt of tenders is reduced to 14 days for the first call and 7 days for the second call.
   4. The total value of works grounded in any year including works given through tenders or through nominations shall not exceed the budget provided to each District.
4. How to deal with cases where the tender filed is less than the estimated cost:—Tenders upto 15% less than the estimate may be accepted but for tenders less than 15% of the estimate, a bank guarantee or Demand Draft for the difference between the tendered amount and 85% of the estimate value should be taken so that if the tenderer leaves the works midway and the Department is forced to call for tenders for the work once again, the bank guarantee or Demand Draft shall be used to finance the re-tendered work
5. To improve the work culture and speed up the execution of works, the Govt. issue the following orders:-
   1. The powers of technical sanction be enhanced to Rs. 10 lakhs in respect of an Executive Engineer and Rs.50 lakhs in respect of a Superintending Engineer and these Engineers are given the powers to approve the tender-notices, tender-schedule and finalise the tenders at their level for the works for which they are technically empowered to sanction.
   2. Tenders shall be received in 2 parts in 2 different sealed covers. The first cover shall contain the qualification data viz., annual turnover and value of works under execution. The second cover will contain the financial bid for the works in question. All Engineers opening tenders shall first open the first sealed cover containing the qualification data and see whether the tenderer is qualified by using the formula:

   ²(AN-B) estimate value, where A is annual turnover on all civil contracts of the tenderer.N is period of completion for the wotk for which tender is submitted and B is the value of works under execution by the tenderer.

   The second cover containing th financial bid will be opened only of those renderers who are qualified according to this formula. The financial bids of the tenderers who are not qualified shall not be opened and they shall be kept in the sealed covers only.

   3. For the works above Rs. 50 1akhs and upto Rs.50 lakhs thcetender notice shall be published in District editions of two Telugu Dailies with the largest circulation. For works costing more than Rs.50 lakhs, the tender notices will be published in one Telugu daily and one Englis daily having largest circulation at the State level. To reduce the cost of each publication, the format for the tender notice in the newspaper shall be finalised by the ENC,PR so that the cost of the advertisement is kept to the minimum.
   4. The tender schedules should contain not only the quantities but also the rates worked out by the Department and the amount for each item and the total value of the contract. The tenderer will not be required to quote item wise. He should indicate his willingness to do the work either at the estimated value of the work or at a percentage in excess of the estimated value of the work or at a percentage less than the estimated value of the work. The work order should be issued to the successful tenderer on same day or next day of opening of tenders subject to fulfilment of conditions prescribed. Once the work order is issued to the successful tenderer, EMD of all the remaining contractors should be refunded within 2 days by Registered Post with Acknowledgement Due.
   5. The monetary limits for registration of contractors is revised as follows:
      
      

      Sl. No.	Class of contractor	Monetary Limits	Authority to register
      1.	Spl. Class	above Rs. 5 crores	Board of C.Es.
      2.	Class -I	Rs. 1 to 5 crores	C.Es
      3.	Class -II	Rs. 50 to 100 lakhs	S.Es.
      4.	Class -III	Upto Rs. 50 lakhs	E.Es.

      
      
   6. Contractors who execute their works within time as per specifications shall be issued a merit certificate acknowledging their timely completion ensuring good quality. The merit certificate shall be given in a public function with due publicity to increase the prestige and standing of the contractors in the society. The performance of the contractors on the works shall be obtained and maintained in the offices of the Registering authorities viz., EEs, SES, CES and Board of CEs. The performance shall be assessed annually and the results shall be made use of while considering applications for renewal of contractors' registrations.
   7. Payments for execution of quantities, in excess of agreement quantities, should be made without delay and the EEs should take prompt action to obtain the approvals of the competent authority to make the payment to the contractors. Failure in this regard shall result in disciplinary action being taken against the concerned engineers. Similarly, final payments to contractors should not be delayed for want of a certificate from the Quality Control Staff. The Chief Engineers should ensure proper performance of the Quality Control Wing and see that they give the certificates in time on pain of disciplinary action to avoid delays in the payment of final bills to the contractors.
   8. The site order book shall be maintained as provided for in the Codes and it should contain the remarks and instructions of all engineers who Visit the works viz. the E.E, SE, CE and E in C.

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Action Taken Report on 15th Finance commission Report

EXPLANATORY MEMORA NDUM AS TO THE ACTION TAKEN ON THE RECOMMENDATIONS MADE BY THE FIFTEENTH FINANCE COMMISSION IN ITS REPORT FOR FINANCIAL YEAR 2020-21 SUBMITTED TO THE PRESIDENT ON DECEMBER 5, 2019.

1. The Fifteenth Finance Commission (XV-FC) [Commission, henceforth] was constituted on 27 ^th November 2017 by the President, vide Order number S.0.3755(E) dated 27 ^th November 2017. The Commission, vide S.O. No.4308 (E) dated 29th November, 2019, has been mandated to submit two reports Le. a first report for financial year 2020-21 and a final report for the period 2021-22 to 2025-26. The date of submission of the final report is 30th October, 2020. The Commission submitted its 0first report covering the financial year 2020-21 to the President on 5 ^th December, 2019.
2. The Report of the Commission covering the financial year 2020-21 commencing from April 1 ^st, 2020, together with this Explanatory Memorandum on the action taken on the recommendations of the Commission, is being laid on the Table of the House, in pursuance of Article 281 of the Constitution. Summary of the main recommendations related to sharing of the Net proceeds of Union taxes between the Centre and the States, grants-in-aid of revenue of States under Art 275(1) of the Constitution, financing of relief expenditure, grants to local bodies and other recommendations are contained in this Memorandum. This Memorandum also contains the recommendations related to Sectoral Grants and Performance based indicators provided by the Commission in its report submitted on December 5 ^th, 2019.

Sharing of Union Taxes

3. The Commission has recommended that 41 per cent of the net proceeds of Union taxes should be shared with the States as against the present 42%. The Commission felt that, financial resources equivalent to 1% of the net proceeds of Union taxes should be retained with the Central Government for financing the requirements of the newly formed Union Territories of Jammu & Kashmir and Ladakh.

The Government has accepted the above recommendation of the Commission.

Grants-in-aid of Revenues of States under Article 275 of the Constitution

4. The Commission has recommended Grants-in-aid of revenues of States for revenue deficit, special grants, nutrition grants, local bodies and disaster management under Art 275 of the Constitution.

Revenue Deficit Grants

5. The Commission has recommended Post-Devolution Revenue Deficit Grants amounting to Rs.74,340 crore for fourteen States in 2020-21. Of the total revenue deficit grants of Rs.74,340 crore, Rs.37,917 crore have been assigned to General States namely, Andhra Pradesh, Kerala, Punjab, Tamil Nadu, and West Bengal while Rs.36,423 crore are assigned to North-Eastern and Hilly States namely Assam, Himachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, and Uttarakhand. The details of the revenue deficit grants are contained in Chapter 4 of the Report.

The Government has accepted the above recommendations of the Commission

Special Grants

6. The Commission has recommended Special Grants aggregating to Rs.6,764 er in 2020-21. These grants have been provided to ensure that in FY 2020-21, no state receives in absolute terms less than what it received in FY 2019-20 on account of tax devolution and revenue deficit grants. The details of the revenue deficit grants are contained in Chapter 4 of the Report.

The Commission may be requested to reconsider the recommendation as it introduces a new principle.

Nutrition Grants

7. The Commission has recommended additional grants of Rs. 7,735 crores to States for nutrition in 2020-21. The Commission has recommended that the Nutrition grants should not be substituted for either the State share or Union share and are an additionality. The details of the revenue deficit grants and the manner of providing them are contained in Chapter 4 of the Report.

The Commission may review this recommendation as a part of its overall proposal of measurable performance-based incentives for States as per the ToR, in the main report

Local Bodies

8. The Commission has recommended grant for local bodies of all States amounting to 390,000 crore. The recommended allocation for rural local bodies (RLBs) and urban local bodies (ULBs) in 2020-21 are Rs. 760,750 crore and Rs. 29,250 crore respectively.
9. The Commission has recommended that the rural local body grants be given to all three tiers in the panchayats, i.e. village, block and district. The Commission has recommended that rural local body grants, totalling Rs.60,750 crore shall have two components-basic and tied. The ratio of basic grants to tied grants shall be 50:50. The Commission has recommended that the basic grants are untied and can be used by the local bodies for location-specific felt needs, except for salary or other establishment expenditure.
10. The Commission has recommended that State Governments should make allotment of grants for both Fifth and Sixth Schedule areas falling within their jurisdiction. The inter-se allocation should be determined based on the population to area in the ratio of 90:10. The bifurcation into basic and tied grants shall be applicable to the fifth and sixth schedule areas.
11. The Commission has recommended that urban local bodies be provided total grants of Rs.29,250 cr. The Commission has recommended providing Rs.9,229 crore for the Million Plus cities and Rs. 20,021 crore for the other category of cities/towns. The Commission has recommended that States should make allotment of grants on population basis for the Cantonment Boards within their territories. The details of the composition and mariner of providing these grants are contained in Chapter 5 of the Report.
The Government has accepted these recommendations of the Commission

Disaster-related Grants

12. The Commission has recommended that the total amount allocated to the States for SDRMF shall be 28,983 crore in 2020-21, of which the Union share is Rs. 22,184 crore. The Commission has recommended that the allocation for National Disaster Risk Management Fund (NDRMF) be 3712,390 crore in 2020-21 based on the expenditure based methodology. The recommendations of the Commission in respect of Disaster Risk Management, including the composition and the earmarked allocations within the SDRMF and the NDRMF, the details and conditionalities regarding release of these grants are contained in Chapter 6 of the Report.
The Government has accepted these recommendations of the Commission.

Sectoral Grants

13. The Report discusses the broad contours of sectoral grants and preparatory work to he undertaken by the State Government and different Ministries/Departments of the Union Government in regard to sectoral grants. The Commission has recommended that preparations be undertaken by the State Governments and the Ministries/Departments of the Central Government in respect of seven (7) different sectors. Contingent on their preparations, the Commission intends to provide sector-specific grants for health, pre primary education, judiciary, rural connectivity, railways, statistics and police training and housing. The recommendations of the Commission on the sectoral grants are contained in Chapter 4 of the Report.

The Government has accepted these recommendations of the Commission in principle.

Performance-based incentives

14. The Commission in its report has advised the States to undertake preparatory action by establishing a credible implementation and monitoring system in 2020-21, after developing robust, monitorable outcome indicators for releasing the grants to eligible States in subsequent years. The concerned Ministries/ Departments are required to define the State-wise baseline indices/score/data using the indices to monitor annual incremental changes and issue guidelines before May/June 2020. These recommendations on the preparatory work to be undertaken by the States and the Ministries / Departments are contained in Chapter 4 of the Report.

The Government has accepted these recommendations of the Commission in principle.

Other recommendations

15. In addition to the above, the Commission has made other recommendations related to revenue and expenditure reforms, at the Central and the State levels, accounting and budgeting reforms, additional disclosures by the Central Government and the State and local bodies.

The Government will examine these recommendations of the Commission in due course.

Implementation

16. Orders on the recommendations under Art 270 and 275(1) of the Constitution relating to share in Union Taxes and duties and Grants-in-aid respectively will be issued after obtaining the approval of the President. Other recommendations of the Commission will be acted upon in due course.

New Delhi

NIRMALA SITHARAMAN

January 30, 2020

Minister of Finance