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Friday 19 July 2013

PPT ON DELEGATION OF POWERS


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Delegation Of Powers  Presentation Transcript
1.DELEGATION OF POWERS (DOP)
2.DELEGATION OF POWERS
3.GENERAL
NHPC Ltd. is Government Co. which is regulated by Companies Act, 1956.
The affairs of the Company are run to pursue the main Objects as laid down in the Memorandum of Association.
Main object of the Company is production of Power through Conventional & non- Conventional sources and its trading.
Co. is also engaged in Consultancy Business and Rural Electrification & Rural Road Works under various flagship schemes of Government of India like RGGVY etc.
These affairs of the Company are managed and administered in accordance with the regulations which are laid down in the Articles of Association.  
Board of Directors is the ultimate authority for ‘Management and Administration’ of affairs of the Company in accordance with Memorandum and Article of Association.
4.GENESIS OF DOP
CMD is authorized to exercise all the powers vested in the BOD for the management and administration of the Company except on matters  set out in ‘Annexure A’.
Annexure ‘A’ contains those matters in respect of which prior approval of BOD/Government will be necessary.
During emergency situations, CMD may exercise powers regarding Annexure ‘A’ matters but would require to obtain ex-post-facto approval of BOD.
CMD has been delegated all legal powers in matters involving Court of Law and/or quasi-judicial authorities.
CMD is authorized to sub-delegate all or any of the powers conferred upon him to full time Directors, ED’s General Managers etc.
(Contd…)
5.GENESIS OF DOP
CMD has sub-delegated certain powers conferred upon him to full time Directors, ED’s General Managers etc. for prompt, effective and efficient discharge of affairs of the Co.
These sub-delegated powers have been compiled in the document called DOP.
Powers have been sub-delegated from the level of Manager  upto Director level.
Anything that has not been sub-delegated shall fall within the competency of CMD except matters contained in Annexure ‘A’.
DOP currently in vogue in the Company was issued w.e.f 22nd March 2010. It is amended as and when required.Company Secretary is the custodian of DOP.
Exercise of DOP is subject to the observance of the provisions of the Companies Act, 1956, the Memorandum and Articles of Association of Company, relevant directives of the Central Government applicable to the Company, Policies, rules, regulations and budgets as may be approved by the Board of Directors from time to time and principles of financial propriety and subject to the general supervision and ultimate control by the Board of Directors/CMD.                                                                       
6.Managing affairs of Co. involves various activities like procurement of goods & services, recruitment and maintenance of manpower, contract management, project management, legal compliances etc.These require:
7.STRUCTURE OF DOP
Foreword by CMD
Guidelines for Exercising DOP
Powers delegated to CMD & Annexure ‘A’.
Section I – Works & Procurement.
Section II – HR Powers
Section III – Administrative Powers
Section IV – Consultancy services
Annexure I – Analysis of Cost estimates
Annexure II to IV - Committees
Annexure V -  Policy Guidelines for FC
8.Guidelines For Exercising the Delegation of Powers
Guidelines provide additional clarifications to be kept in mind while operating DOP. Some important guidelines are:
Companies Act, 1956, Memorandum & Articles of Association of  the Corporation, relevant directives of the Central Government, Policies, Rules & Regulations of Corporation and the Principles of financial propriety take precedence over DOP.
DOP covers those items not specifically covered by the Rules and Manuals of the Corporation on the subject. In case of inconsistency with DOP, provisions of DOP shall prevail unless otherwise stated.
Financial Powers delegated vide DOP are subject to Budget Provisions.
‘Full Powers’ wherever mentioned shall mean and include delegation of powers up to C.M.D only and shall in no case exceed the powers delegated to C.M.D by BOD.
The level of financial advice/concurrence should not be below two levels of the approving  authority.
In emergent situations an officer can exercise powers not delegated to him subject to obtaining ex-post-facto approval of competent authority. But  this will not apply to Powers relating to modification in terms of contract, payment to supplier/ contractor/ employees or similar  matter which can await the decision of the concerned officer.                                                                             
(Contd…)

9.Guidelines For Exercising the Delegation of Powers
Whenever material is issued to the contractor free of cost, the cost of material as per the sanctioned estimate shall be taken in account for arriving at the level of competency for award of work, approval of deviations/variations, modifications in the tenders/contracts and time extension etc.
Whenever material (Capital assets/ capital Spares i.e. runner, etc.) in case of E&M /HM Works is issued to the contractor in respect of Service Contract/ R&M Works free of cost or in other words contract is awarded for supply of labour, in all such cases the cost of material even if it is included in the sanctioned estimate shall not be taken in to account for arriving the level of competency for award of work, approval of deviations/variations, modifications in the tenders/contracts and time extension etc.
Tender Committees are to be constituted in all cases when financial consideration is `. 5.0 lakhs or more & in other cases prior financial concurrence  (FC) is to be obtained on file.
Cases such as time extension/ foreclosure etc. shall be approved by the authority within whose powers the award value of the works/ supply contracts falls at the time of granting such approvals, irrespective of the authority who has approved the works/supply contracts.
The financial limits specified for purchase/supply items are exclusive of taxes, duties, octroi,  transportation etc.

10.Budgets and Annual Plans
Investment in Shares, Debentures & Securities and investment of surplus funds.
Borrowing of funds.
Capital estimates beyond specified financial limits.
Award of contracts for works, procurement and services beyond specified financial limits.
Deviations in awarded contracts and claims of Contractors and Suppliers beyond specified financial limits.Acceptance of Accounts of Corporation & related matters.
Write-off of losses, damages etc, beyond specified financial limits.
Some general powers eg. Grant of compensation, expenditure beyond the scope of objective of Corporation, sale of immovable assets etc.
11.Section I – Works & Procurement.
Section I contains Delegation of powers for works and procurement for setting up and operation of power plants by NHPC which includes Civil, Hydro mechanical, and Electro -mechanical works,
Section provides sub-delegation for cost estimates for Capital works including capital works relating to O&M having impact on tariff as provided in FR/ DPR/ O&M Budget, approval for calling of tenders/ award for works, approval of indents for purchase supply items, transportation and or clearance work, repeat order, variances, rejection of tenders, extension in completion period, modification in terms of contract, acceptance of stores under deviation in specifications, sanction of demurrage wharfage charges, write off and disposal of unserviceable old assets, repair & maintenance works, loans of materials/ plant and tools, encashment of bank guarantee, hire equipment, consultancy service contracts, development of vendors for spare parts etc.
Powers are provided for following:
 a) Granting administrative approval for various works, services etc.
 b) Tendering activities like preparation of tender documents, processing of tenders and award
         of contracts.
 c) Post award tender management like deviations, time extensions etc.
Suitable clarifications have been provided in the remarks column for proper understanding and use of sub-delegation e.g. Remarks in Sl. no. 3 clarifies that ‘supply item for the purpose of this delegation include all supply/work packages involving supply component of more than 85% of the total estimated cost’.
12.Section II – Personnel Powers
Section II contains Personnel Powers for various day to day activities involved in the discharge of ‘Personal Function’ relating to employees.
Section provides sub-delegation such as approval of list of candidates for interview, constitution of medical board/ controlling authority, exp. on recruitment, deputation to other organisation, extension of time for joining, probation clearance/ extension, Forwarding of applications to outside employment, transfers, resignation/ termination, DPC, transfer of bonds, advances, permit to undertake courses of studies, permission for delivering lectures etc., payment of fees honoraria etc.
CMD is authorised to create vacancies upto Chief and permission of Board of Directors is required for creation of posts of GM and above levels.
Policy matters like recruitment policy, Wage Structure & Allowances, Manpower Budget etc. & changes thereof require approval of Board.
Powers are exclusively exercised by HR officers.
13.Section III contains powers to be exercised in day to day administration of the affairs to achieve the objects of the Corporation as per Memorandum of Association.
Powers have been sub-delegated  to acquire land, hiring/ R&M of office accommodation/ Fields hostel/ transit camp/ guest house/ storage space, purchase/ hiring/ R&M of furniture/ office equipment/ computers/ vehicles etc., Insurance, purchase of news papers/ books/ periodicals etc.,  Postal/railway/electricity/ water/ telephone etc. charges/deposit etc., Advt., Printing & stationery, empanel attorneys/advocates/ CA etc., Audit exp., official hospitality, purchase of medicines etc, advertisement, expenditure on sponsorship & exhibition, expenditure on meetings, public hearings etc.
After administrative approval one has to refer to Section-I for following:
a) Tendering activities like preparation of tender documents, processing of
         tenders and award of contracts.
b)  Post award tender management like deviations, time extensions etc.
14.Section IV-Consultancy Services
NHPC has dedicated Consultancy Services Division was set up in to provide the expertise gained in Survey & Investigation, Planning, Design & Engineering, Construction, Operation & Maintenance, Renovation, Modernization & Uprating of hydro power projects and other associated works to clients in public and private sector.
Section-IV provides sub-delegation relating to bid preparation & submission, decision on profit margin, execution of Consultancy Contract/assignments, Business promotion etc.
15.Annexure 5 Annexures have been provided in DOP to meet the various requirements associated with DOP.
16.This delegation of powers as amended time to time will further streamline the faster decision making process to save from time and cost overruns, effective monitoring and well define responsibility of individual executives. The DOP should be read in conjunction with Govt. acts, rules, notifications, Company’s Policies, rules, regulations, duly approved manuals, Budgets, Annual Plans, codal formalities and underlying systems and procedures etc.
Sound understanding and judicious utilization of DOP is essential requirement to function as an executive of NHPC and ensure long term growth and development of the Company.
17.FINANCIAL CONCURRENCE & ADVICE
18.0MEANING
Financial Concurrence denotes service function extended to the Management by Finance Division.
Function envisages an independent and critical examination and scrutiny of various proposals involving financial implication with an intent to check that these:
Comply with the provisions of the Companies Act, 1956, the Memorandum and Articles of Association of Company, relevant directives of the Central Government applicable to the Company.
Comply with the internal Policies, rules, regulations, Manuals and DOP of the Corporation.
 Are within the sanctioned Budget approved by the Board of Directors
 Satisfy the principles of Financial Propriety.
FC is accorded before the proposal is put up for approval to competent authority.  
In general, approving authority shall not approve a proposal that has not been concurred/vetted by Finance. However, there are some proposals which do not require FC as per Annexure V of DOP.
Copies of orders for internal circulation should indicate the reference of financial advice/concurrence and approval of the Competent Authority.
The level of financial advice/concurrence should not be below two levels of the approving Authority. Exception required or difficulty faced, if any, is to be reported to Director Finance) along with the reasons to take appropriate action in the matter.
19.POLICY GUIDELINES FOR FINANCIAL CONCURRENCE
Financial concurrence facilitates achievement of transparency in the decision making which is subject to the security of various government agencies like audits etc.
Annexure V of DOP provides guidelines to be followed in proposals seeking FC.
Annexure V has five parts:
20.Financial Concurrence - Procedural Aspects.
Financial concurrence shall be prior to the approval by final approving authority. It will be done by an officer from finance Department who is normally not more than two levels below the approving authority except where an officer in required grade is not posted.
All proposals requiring approval of Chairman /Board shall be first concurred by head of finance of the concerned Division followed by concurrence by Director (F).
In case of disagreement between the views of the concurring authority and approving authority, the approving authority may overrule the advice of the concurring authority and record the reasons in writing. However, such cases shall be brought to the notice of the authority one level higher than the approving authority not be below the level of Chief or CE.
In case where either the required financial concurrence is not taken or the intimation regarding the over ruling of the advice of the concurring authority is not brought to the notice of the authority one level higher than the approving, such approvals shall not be considered as approval and approving authority shall personally be liable for all  consequences.
To provide flexibility and to meet the administrative requirements, the financial concurrence within the competence of Head of Finance may be sub delegated by Divisional Finance, HOD’s to the officers subordinate to him with the approval of Director (F).
21.Matters requiring Financial Concurrence. All matters bearing financial implications shall require financial concurrence such as:
Budget (Capital & Revenue) including reappropriation of Budget
Proposal for Capital Investments in new schemes & Revised Capital Cost of the approved schemes.
Works & Purchases:
22.Write off of losses, book debts, claims, recoverables and advances.
Claims including referring disputes for arbitration, initiating court cases, Settlement of disputed claims outside the court of law & grant of compensation to any party (excludes statutory requirement)
Personnel matters like wages structure, emoluments, perquisites and service rules, sanction of recoverable advance to employees in excess of budget provisions, payments to employees in respect of matters not covered by specific rules including ex-gratia payment etc.
General matters like Expenditure on publicity schemes, contribution to External Agencies, fixation of rent for quarters, lands, building etc. belonging to the Corporation, hiring of office accommodation, plant & machinery, sanction of imprests and arrangements relating to handling of cash etc.
Note: The list is merely indicative and not exhaustive.
23.Matters Not Requiring Financial Concurrence. Following matters are specifically excluded from financial concurrence.
Works and Purchases.
   a) Orders for work and purchases of Rs. 1 lakh and below.
   b) Financially vetted estimates prepared on the basis of Project Schedule of Rates for Work orders would not require financial concurrence for award of work order.
24.Matters Not Requiring Financial Concurrence.
General
a) Legal charges and other professional fees upto Rs.50000/- in each case.
b) Expenses incurred on tender publication, Publication of notices as per the norms of the Corporation and advertisement for recruitment.
c) Other advertisement upto Rs. 5 lakhs.
d) Publicity expenses upto Rs. 1 lakhs
25.Financial Concurrence – Scope Limitations
In order to avoid duplication of jobs, the following shall not be within the scope of financial concurrence and the project initiating department/  agency shall be wholly responsible for:
Arithmetic accuracy of all calculations indicated in the proposals.
Factual accuracy of technical analysis and assumptions thereof as indicated in the proposal.
Factual accuracy of technical, statutory requirements and their compliance like explosive Rules, Factory act, Environmental Acts, various Safety Rules etc.
26.Changes in Guidelines.
Any changes in above guidelines can be approved by Director (Finance) considering exigencies of work, nature of transaction, need and extent of financial concurrence requirement, adequacy of internal control system etc.
27.MANUALS FOR ASSISTANCE DURING FC FUNCTION
Corporation has issued various Manuals prescribing Guidelines and Rules which are to be followed by Officers while discharging various functions. These manuals are to be kept in mind while according FC. Following important Manuals are in vogue:
Finance and Accounts Manuals
Personnel Manuals
Procurement Manual
Works and Service Contract Manual
Internal Audit Manual
28.FINANCE MANUALS
Finance & Accounts Manuals are meant to standardize and bring uniformity & clarity in procedures & operations of the Finance Division. These Manuals are equally important for other disciplines in NHPC and assist them in performing their respective functions in integrated and efficient manner.
In all, there are 28 Manuals which can be broadly classified into three main groups:
29.FINANCE MANUALS
30.HR Manuals
Recruitment and Promotion Rules
Wage Structures and Pay Fixation
Allowances and Reimbursements.
Performance Appraisal
Conduct, Discipline and Appeal Rules
Transfer Policy
Grievance Policy
Medical Rules
EPF Rules
Employee Advances etc.
31.Procurement Manual
The basic purpose of this manual is to ensure a systematic and well documented approach in effecting procurement (including E&M and HM works)  as also uniformity in the procedures followed by the Corporate Office as well as by projects.
The manual provides guidelines and policies regarding:
32.Works and Service Contract Manual
Contract manual encompasses approved norms, standards, polices, procedures, practices and guideline pertaining to procurement of Civil Works and Services (not covered by Procurement Manual) required for:
a) Procurement of Civil Works
b) Procurement of Services
33.Internal Audit Manual
Internal Audit Manual aims to establish an appropriate, effective and uniform internal audit system keeping in view business requirements and the management needs.
34.Objectives of Manuals
To achieve uniformity in procurement norms, standards, policies,
procedures, practices and guidelines in procurement, HR, Internal Audit functions
Improving transparency and public accountability.
To enhance professional competence and negotiating skills of personnel
handling various functions.
To effect all functions within the prescribed lead time so as to obviate time and cost over runs.
To promote compliance with the policy of the Government of India.
To ensure strict adherence to Quality Standards and Technical
Specifications.
To maintain data banks and MIS on various issues/matters like bidders etc.
To avoid audit queries
35.TYPICAL FC FLOW PROCESS
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