Rule 16 of छत्तीसगढ़ शासन भण्डार क्रय नियम , 2002
Power to Relax Rules & Removal of Difficulties
Original Text
Visual Summary
Summary
Rule 16 acts as a safety valve within the Chhattisgarh Government Store Purchase Rules. It grants specific authority to the Commerce and Industry Department to intervene in “special circumstances.” This intervention can take two forms: relaxing a specific rule that may be hindering a necessary purchase, or issuing instructions to resolve practical difficulties encountered during the implementation of these rules.
Key Takeaways
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Exclusive Authority: The power to relax rules is vested solely in the Commerce and Industry Department, not individual buying departments. -
Conditional Use: This power is not absolute; it is triggered only under “special circumstances” (विशेष परिस्थितियों). -
Dual Function: The rule allows for both the relaxation of existing rules and the issuance of new instructions to solve procedural roadblocks.
Key Analysis
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Administrative Flexibility: In government procurement, rigid adherence to rules can sometimes lead to stalemates or inability to procure essential items during emergencies. Rule 16 provides necessary administrative flexibility to bypass technical hurdles without violating the law. -
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Centralized Control: By designating the Commerce and Industry Department as the sole authority, the state ensures that relaxations are not granted arbitrarily by every department. This maintains the integrity of the procurement process while allowing for exceptions. -
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Removal of Difficulties Clause: This is a standard legal provision (often called a “Henry VIII clause” in legislative terms) allowing the executive to smooth out operational glitches that were not foreseen when the rules were originally drafted.
Key Ingredients
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Existence of “Special Circumstances” (विशेष परिस्थितियाँ). -
Approval granted specifically by the Commerce and Industry Department. -
Purpose must be to relax a rule or remove a difficulty in implementation.
Related Provisions
Practical Illustrations
A department needs a specific machine for a time-bound project. The rules require 3 quotes (Rule 4.3.3). However, due to market conditions, only one supplier bids. Retendering would cause a project failure. The department can approach the Commerce & Industry Department under Rule 16 to relax the “3-quote” requirement for this specific case, citing “special circumstances.”
Process Flowchart
Practice Questions
Q1: Under Rule 16, which department has the authority to relax the Store Purchase Rules?
- A. Finance Department
- B. General Administration Department
- C. Commerce and Industry Department
- D. The Purchasing Department itself
View Correct Answer
Reasoning: Rule 16 explicitly names the “Commerce and Industry Department” (वाणिज्य एवं उद्योग विभाग) as the competent authority.
Q2: When can the provisions of Rule 16 be invoked?
- A. In all routine purchases
- B. Only in Special Circumstances
- C. Whenever the lowest bidder is not selected
- D. For purchases below Rs. 50,000
View Correct Answer
Reasoning: The rule starts with the phrase “In special circumstances” (विशेष परिस्थितियों में).
Q3: Besides relaxing rules, what other power does Rule 16 grant?
- A. To increase the budget
- B. To audit the accounts
- C. To issue instructions to remove difficulties
- D. To blacklist suppliers
View Correct Answer
Reasoning: The rule states it may “issue necessary instructions to remove any difficulty in the implementation of these rules.”
Frequently Asked Questions
Can the Finance Department relax these rules?
Is this rule applicable for routine procurement delays?
What is meant by “Removal of Difficulties”?
Conclusion
Rule 16 serves as a critical administrative safeguard, ensuring that the procedural rigidity of the Store Purchase Rules does not hinder public interest in exceptional situations. By vesting the power to relax rules and remove difficulties in the Commerce and Industry Department, the state maintains a balance between strict compliance and necessary operational flexibility.