Rule 10 of छत्तीसगढ़ शासन भण्डार क्रय नियम , 2002
Emergency Purchases: Natural Calamity & Law Order
Original Text
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Summary
Rule 10 acts as an exception clause to the standard procurement procedures. It recognizes that during critical emergencies—specifically natural disasters or severe law and order situations—the time required to float tenders (which can take weeks) is not affordable. It empowers competent authorities to make direct purchases to save lives or maintain order, provided the urgency is documented in writing.
Key Takeaways
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Scope is Limited: This rule applies only to Natural Calamities (e.g., floods, earthquakes) or Law & Order situations (e.g., riots, unrest). -
Direct Purchase: The requirement to call for tenders (Rule 4) is waived. -
Mandatory Recording: The specific nature of the urgency must be recorded in writing to justify the deviation.
Key Analysis
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Doctrine of Necessity: This rule embodies the administrative law principle that procedures should not defeat the purpose of administration. In emergencies, the immediate availability of goods takes precedence over the procedural economy of tenders. -
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Check on Arbitrariness: While it grants wide powers, the phrase “recording the nature of urgency” (ाऄत्यािश्यकता की प्र कृनत को ाऄनभनलनखत करते हु ए) acts as a safeguard. It ensures that the authority cannot use this rule for routine purchases merely to avoid paperwork. -
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Competent Authority: The rule specifically mentions “Competent Authority” (सक्षम ाऄनधकारी), implying that not every officer can invoke this; it requires approval from an officer with the requisite financial delegation.
Key Ingredients
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Event: Natural Calamity OR Law & Order Situation. -
Condition: Extreme Urgency (Ati-avashyakta). -
Documentation: Written record of the nature of urgency. -
Approval: By Competent Authority.
Related Provisions
Practical Illustrations
A district faces sudden flash floods. The Collector needs to purchase 5,000 food packets and 10 motorboats immediately. Following Rule 4 (Tenders) would take 30 days. Under Rule 10, the Collector records the urgency and authorizes direct purchase from available suppliers to save lives.
During a sudden violent riot, the police force requires additional barricades and protective gear immediately. The Home Department can invoke Rule 10 to procure these items directly without waiting for a tender process.
Process Flowchart
Practice Questions
Q1: Under Rule 10, direct purchase without tender is permitted in which of the following situations?
- A. When the department has surplus budget at year-end
- B. Natural Calamity or Law & Order situations
- C. When the purchase value is less than ₹50,000
- D. For purchasing office stationery
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Reasoning: Rule 10 explicitly specifies “प्राकृनतक ाअपदा” (Natural Calamity) and “कानून व्य िस्था की निषम परर नस्थनतयों” (Adverse Law & Order situations) as the valid grounds.
Q2: What is a mandatory procedural requirement when invoking Rule 10?
- A. Publishing an advertisement in 3 newspapers
- B. Obtaining approval from the Chief Minister
- C. Recording the nature of urgency in writing
- D. Waiting for 7 days before purchase
View Correct Answer
Reasoning: The rule states “ाऄत्यािश्यकता की प्र कृनत को ाऄनभनलनखत करते हु ए” (recording the nature of urgency).
Frequently Asked Questions
Can Rule 10 be used if we simply forgot to tender on time?
Who is the “Competent Authority” mentioned in this rule?
Does “Direct Purchase” mean we can buy at any price?
Conclusion
Rule 10 of the Chhattisgarh Store Purchase Rules, 2002, serves as a vital safety valve in the procurement framework. By allowing direct purchases during natural disasters and law and order crises, it prioritizes public safety and immediate relief over procedural formalities, while ensuring accountability through mandatory documentation of the urgency.