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247349

TENDER DOCUMENT
1 NAME OF WORK Replacement / repair of
bottom sill beam of
Spillway Radial Gate
2 ESTIMATED COST OF WORK RS. 11,14,577/-

3 E.M.D. RS. 23,000/-

4 DATE OF SALE OF TENDER 02.12.2009

DOCUMENTS. to
14.12.2009
5 DATE OF SUBMISSION 15.12.2009
UPTO 3.00 PM.

6 DATE OF OPENING 15.12.2009 AT 3.30 PM

7 COST OF TENDER DOCUMENT RS. 500/-

8 TIME OF COMPLETION 2 & ½ Months

9 NAME & ADDRESS OF

CONTRACTOR

ENCL: NIT, SCHEDULE OF QUANTITIES,

SPECIAL CONDITIONS OF CONTRACT ETC
 NHPC LTD. Teesta (Stage-V) Power
Station,
(A Government of India Enterprise) Balutar, HM Division, PO: Singtam(East
Sikkim)
NHPC Office Complex, Sector-33, (Ph : 03592-245576, Fax : 03592-247227, 247349)

Faridabad-121003 (Haryana)
No: NH/TSV/SM/HM/NIT/2009/ 2272 Date:
24.11.2009

NOTICE INVITING TENDER

Sealed item rate tenders are invited for and on behalf of NHPC Limited (A
Government of India Enterprise) for the below mentioned works from reputed agencies/
contractors of NHPC Ltd./M.E.S/C.P.W.D./Railways/B.R.O./State P.W.D. or any other leading
Public Sector Undertaking having experience of similar nature of works.

# Name of work Estimated EMD Date of Last date Date of Time of

Cost (Rs.) Sale of of receipt Openin Completio
(Rs) tender of tenders g of n
docum tender
ents
1 Replacement /
repair of 11,14,577/ 23,000/ 02.12.09 15.12.09 15.12.0 2&½
bottom sill - - to at 9 (Two &
beam of 14.12.09 03:00 at Half )
p.m. 03:30 Months
Spillway Radial
p.m.
Gate

TERMS AND CONDITIONS:

1. The tender documents shall be available for sale on all working days upto 05:00 p.m. in the
Office of the Sr. Manager (Civil), HM Complex, Balutar (East Sikkim) during the period
mentioned above on production of valid license/registration/valid sales tax clearance
certificate and EPF Code. Application for tender documents shall be accompanied with
Rs.500/-(Rupees Five hundred only) towards the cost of tender document in the shape of
demand draft/ Pay order from a Nationalised/ Scheduled Bank in favour of NHPC Limited.,
payable at , Singtam (East Sikkim).The cost of tender document will not be refunded under
any circumstances.

2. The tender in sealed envelope should reach in the Office of the Sr. Manager (Civil), HM
Complex, Balutar (East Sikkim) by the above mentioned date and time and it shall be
opened on the date and time mentioned above.

3. Unless exempted the Earnest Money Deposit in the shape of demand draft in favour of NHPC
Limited, payable at Singtam, East Sikkim as mentioned should be enclosed with the tender
document. Tender not accompanied with the requisite EMD shall summarily be rejected as non-
responsive.
4. The Corporation shall have the right to reject all or any of the tender and will not be bound to
accept the lowest or any other tender or to give any reason for such decision.

5. The rate shall be written both in words and in figures with grand total of whole contract sum.
Correction if any shall be made by crossing out, initialing, dating and re-writing neatly.

6. The tender received late on account of any reason whatsoever will not be entertained.

7. The Corporation shall not be responsible for delay, loss or non receipt of tenders sent by
post. Telegraphic offers shall not be accepted.

8. If the date of receipt /opening as mentioned in the NIT be a holiday(s) the tender shall be
received and opened at the same time as specified but on the next working day. The tenders
shall be valid for a period of not less than 120(one hundred twenty) days from the date of
opening of tender.

9. The Corporation reserves the right (i) to accept / reject any tender or cancel the NIT (ii) to
accept any tender wholly or partially and not to be bound to accept the lowest or any other
tender documents (iii) to extend the date of sale / receipt/ opening of tender (iv) not to be
bound to show reasons for any of the above decision.

10. The tender documents are also available on NHPC web site www.nhpcindia.com. So the
interested tenderer may also download the tender document through our website and
submit their offers along with the prescribed tender cost in the form of the DD/ Banker’s
Cheque as per the details mentioned above.

The decision of NHPC Ltd. in awarding the work shall be final and binding and will not be
subject to Arbitration.

Sr. Manager (Civil)

HM Complex
Teesta (Stage-V) Power Station,
Balutar, East Sikkim

Copy forwarded for information to:

1. SPS to Chief Engineer (I/c) for kind information of CE(I/c) please.
2. The Chief Engineer (Civil), HM Complex, Teesta Stage-V) Power Station, Balutar (Sikkim),
for information Please
3. All Complex Heads, Teesta (Stage-V) Power Station, Balutar (East Sikkim)
4. The Chief (Finance) Teesta (St-V) Power Station. Balutar.
5. The Executive Engineer, PWD, Gangtok, East sikkim
6. Notice Board Balutar/Makha/Dikchu/Samdong Colony
 SECTION-I

Information and instruction for tenders

1. The details of work to be carried out and its scope are given in the “Technical
Specification” of these documents which also indicate a brief description of the
project where work is to be executed. The tenderers are advised to study the same
carefully before tendering and they shall be deemed to have fully acquainted
themselves with the same.

2. The tenderers, in their own interest, are also advised to inspect, an examine the site
and in surroundings and satisfy themselves, before submitting their tenders, in respect
of the site conditions including but not restricting to the following which may
influence or affect the work or cost thereof under the contract.
a) Site conditions including access to the site, existing and required roads and
other means of transport/communication (other than that of the Corporation) for
use by him in connection with the work.
b) Requirement and availability of land and other facilities for his enabling
works, colonies, stores and workshops etc.
c) Ground condition including those bearing upon transportation, handling and
storage of materials required for the work or obtained there from.
d) Source and extent of availability of suitable materials including water etc. and
labour (skilled and unskilled), required for work and Laws and Regulations
governing their use an employment.
e) Geological, meteorological and other general features of the site and its
surroundings as are pertaining to and needed for the performance of the work.
f) The limit and extent of surface and sub-surface water to be encountered
during the performance of the work and the requirement of drainage and
pumping.
g) The type of equipment and facilities needed, preliminary too, for and in the
performance of the work, and
h) All other information pertaining to and needed for the work including
inf0ormation as to the risks, contingencies and other circumstances which may
influence or affect the work or the cost thereof under this contract.

2.2 The tenderers should note that information if any, in regard to the site and local
conditions, as contained in this tender documents, except of the materials agreed
to be supplied by the Corporation has been given merely to assist the tenderers
and its not warranted to be completed.

2.3 The tenderers should note and bear in mind that the Corporation shall bear no
responsibility for the lack of acquaintance of the site and other conditions or any
information relating thereto, on their part. The consequences of the lack of any
knowledge, as aforesaid, on the part of the tenderers shall be at their risk and cost
and no charges or claims whatsoever consequent upon the lack of any
Information, knowledge or understanding shall be entertained or payable by the
Corporation.

3. Immediately upon receipt of the Tender Document from the Corporation, all the
tenderer are urged to submit a written request at least two days prior to the date fixed
for pre-tender conference to the Engineer-in-charge issuing the tender enquiry, on
matters where clarification or additional information is desired.

4
4. The tender should be submitted in the prescribed form and the same should be signed
properly as laid down hereunder.
a) If the tender is submitted by an individual, it shall be signed by the proprietor
above his full name of his firm with its current business address.
b) If the tender is submitted by a proprietary firm, it shall be signed by the
proprietor above his full name and full name of his firm with its name and
current business address.
c) If the tender is submitted by a firm in partnership, it shall be signed by all the
partners of the firm above their full name and current business addresses or by a
partner holding the power of attorney for the firm by Signing the tender in which
case a certified copy of the power of attorney shall accompany the tender. A
certified copy of the partnership deed and current business addresses of all the
partners of the firm shall also accompany the tenders.
d) If the tender is submitted by a limited company or a limited Corporation, it
shall be signed by a duly authorized person holding the power or attorney for
signing the tender in which case a certified copy of the power of Attorney shall
be company the tender. Such Limited company or Corporation may be required
to furnish satisfactory evidence of its existence before the contract is awarded.
e) If the tender is submitted by a group of firms the sponsoring firm shall submit
complete information pertaining to each firm in the group and sate along with the
bid as to which of the firms shall have the responsibility for tendering and for
completion of the contract document and furnished evidence admissible in law in
respect of the authority assigned to such firm on behalf of the group of firms for
tendering and for pertaining to the participation of each member of the firm in
the tender shall be furnished along with the tender.
f) All witness and sureties shall be persons of status and there full name,
occupation and addresses shall be stated below their signatures. All signatures
affixed on each page in the tender will be dated.
g) The tender for the work(s) shall not be witnesses by a tenderers or tenderers
who himself / themselves has/have tendered or who may and has/ have tendered
for the same works. Failure to observe this conditions, the tender of the tenderer
tendering as well as of those witnessing the tender liable to rejection.

5. The Tenderer shall furnish with his tender:-

a) The details of constructions plant, equipment and machinery and its planning
schedule as required vide schedule “F” of the tender document.
b) The details of plant, equipment & machinery immediately available with the
tenderer for deployment on work as required vide Schedule “G” of Tender
Document.
c) The details of plant, equipment and machinery and its planning, proposed to
be sued for the work, for which import Licences and release of foreign
exchange, if any, may be required by the tenderer.
d) Detail of technical and supervisory personnel already employed by tenderer
which he proposes to utilized for this work and such other personnel which
the proposes to employ further for this work,
e) Relevant information on the capacity, financial resources and experiences
about himself.

6. ** A) Earnest Money Deposit of Rs 23,000.00 (Rupees Twenty Three Thousand

only) must accompany each tender. This deposit shall be in favour of National
Hydroelectric Power Corporation Ltd. and may be in the shape of:
i) A deposit at Call Receipt of State Bank of India or Nationalised bank of
Schedule Bank of India.
ii) A demand draft of any Nationalised Bank.

5
 B) Tender not accompanied by Earnest Money Deposit shall be rejected. If
during the tender validity period, the tenderer withdraws his tender, the
Earnest Money Deposit shall be forfeited.
C) The Earnest Money Deposit will be returned to the unsuccessful tenderers.
7. The rates shall be written both in works and figures. Tenderer shall also show the
total of each item, the total of each schedule and the Grant total of the whole contract.
Corrections, if any, shall be made by crossing out, initially, dating and rewriting. In
case of conflict between the figure sand words in the rates, the letter shall prevail.

8. The Corporation shall have the right of rejecting all or any of the tenders and will not
be bound to accept the lowest or any tender or to give any reasons for their decision.

9. The Engineer-in-charge or his duly authorized representative will open the tenders in
the presence of tenderers who my be present at the time. If any of the tenderer of his
agent is not present, at the time of opening tender, the Engineering-in-charge or his
duly authorized representative, will, on opening of tenders of the absentee tenderer,
prepare a statement of the attested an unattested corrections in the tender over his
signatures. Such a list shall then be binding on the absentee tenderers.

10. The tenderers shall not be entitled during the period of validity of their offers, without
the written consent of the Corporation, to revoke or vary in any respect the tender
given or any term thereof. In case of a tenderer revoking or withdrawing, his tender or
varying any terms in regard thereof without the consent of the Corporation in writing
the tenderer shall forfeit his earnest money paid along with the tender.

11. Central Government Public undertaking will, however, be allowed suitable price
preference in keeping with the policy of the government of India. Such price
preference will be considered taking into account various factors but not limited to
factors like technical suitability, requirement of completion period, Schedule of
works and other terms and conditions of the tender.

12. The “Notice Inviting Tender” and this “Information and Instructions for Tenderers”
shall form part of the Tender Document.

6
 SECTION-II

TENDER FORMS & SCHEDULES

TENDER FORM
To, The Sr. Manager (Dam) , Teesta (Stage-V) H.E. Project, NHPC Ltd., Singtam,
Dipudara, East Sikkim Replacement / repair of bottom sill beam of Spillway
Radial Gate
a) Notice Inviting Tender
b) Information and instructions for tenderer
c) Warranty
d) Schedules A, B, C, D, E, F, G
e) General Conditions along with Annexure, if any
II. Technical Specifications.
III. Drawings
2. I/We hereby tender for execution of the works referred to in the documents mentioned in
paragraph. I above upon the terms and conditions contained or referred to in the aforesaid
documents and in accordance to all respects with the specification, design, drawings and
other details given therein and at the rates contained in Schedule “A” and within the
period (s) of completion as given in Schedule ‘D’ and subject to such terms and
conditions as stipulated in Clause 39.
3. I/We agree to keep this tender open for acceptance for 120 days on the date of opening
thereof and also agree not to make any modifications in its terms and conditions of our
own accord.
4. A sum of Rs 23,000.00 (Rupees Twenty Three Thousand only) hereby forwarded in
form of Demand Draft/Deposit at Call Receipt of a Bank as earnest money. I/we agree if
I/we fail to keep the validity of tender open, as aforesaid, or I/We make any modification
in the terms and conditions of my/our tender of our own accord and/or after the
acceptance of our tender if I/we fail to commence the execution of the works as provided
in the documents referred to in paragraph-I above, I/we shall become liable for forfeiture
of my/our earnest money, as aforesaid, and the Corporation shall without prejudice to any
other right or remedy, be at liberty to forfeit the said earnest money absolutely.
Should this tender be accepted, I/we agree to abide by and fulfill on the terms and
conditions and provisions of the above mentioned tender documents.
5. I/we certify that the tender submitted by me/us strictly in accordance with the
terms/conditions, specifications etc. as contained in your tender Documents, referred to
in paragraph I above, and it is further certified that it does not contain any deviations to
the aforesaid documents.

Signature along with Seal of the Company

(Duly authorized to sing the tenderer on behalf of the Contractor)

Witness…………………………………………. Name…………………………………………….
Signature………………………………………… Designation………………………………………
Date……………………………………………… Name of Company………………………………

(IN BLOCK LETTER)

Name & Address………………………………...
……………………………………………………
……………………………………………………
Date…………………………………………
Postal Address…………………………………..
…………………………………………………..
7
 ………………………………………………….
Telegraphic Address……………………………
………………………………………………….
Telephone No…………………………………

WARRANTY FORM

M/S…………………………………………………………………having its registered office

at ……………………………………………………………………(hereinafter referred to as
contractor) having carefully studied all the documents, specifications, drawings etc.
pertaining to the contract for works required for the work of Replacement / repair of
bottom sill beam of Spillway Radial Gate.” and the local conditions and having
undertaken to execute the said works.

DO HEREBY WARRANT THAT:

1. The Contractor is familiar with all the requirement of the contract.

2. The Contractor has investigated the site and satisfied himself regarding the character
of the work and local condition that may affect the work or its performance.
3. The Contractor is satisfied that the work can be performed the completed as required
in the contract.
4. The Contractor accepts all risks directly or indirectly connected with the performance
of the contract.
5. The contractor has/had no collusion with other contractors, with any of men of the
Engineer-in-charge or with any other person in corporation to execute the said works
according to the terms and conditions of the said contract.
6. The Contractor has not been influenced by any statement or promise to the
Corporation or Engineer-in-charge but only by the contract documents.
7. The Contractor is financially solvent.
8. The Contractor is experienced and competent to perform the contract to the
satisfaction of the Engineer-in-charge.
9. The statement submitted by the contractor is true.
10. The Contractor is familiar with all general and special Laws, Acts, Ordinances, Rules
and Regulations of the Municipalities, District, State and Central Government that
may affect the work, its performance or personnel employed therein.

For and on behalf of the contractor

Date:

8
 GENERAL SUMMARY
SCHEDULE OF QUANTITIES & PRICES (SCHEDULE ‘A’)

1. Cost of items of Group………………… Rs………………………

2 Cost of items of Group………………… Rs………………………
3. ETC. ETC……………………………… Rs………………………

Total Rs………………………

Signature of Signature of

Issuing Officer…………………………. Contractor………………………..

Date……………………………………. Date………………………………

9
 SCHEDULE ‘A’

SCHEDULE OF QUANTITIES & PRICES

Sl. No. Description Unit (in Quantities Rate Amount

of the items fig.) (in fig) (in Rs.)
of works
In fig In words
1 2 3 4 5 6 7

Group………Schedule of Quantities enclosed at Annexure A

Group…………………………………………
Group………………………………………….
Group…………………………………………

Signature of Issuing Officer Signature of Contractor

Date Date

10
 Annexure - A

SCHEDULE OF QUANTITIES
Name of work : Replacement / repair of bottom sill beam of Spillway Radial Gate

Sl. Description Unit Qty. Rate in Amount

No. figures / Rate (Rs)
in words
(Rs)
1 Fabrication & supply of Spillway Radial Gate sill
beam of Teesrta-V Power Station, as per drawing.
Upto Dam Top , dam site , Dikchu (Sikkim)
No. 3 0.00

Total :

Sr. Manager (HM)

Signature of Contractor

11
 SCHEDULE ‘B’

MATERIAL FOR ISSUE TO THE CONTRACTORS

Sl. Particulars Approx. Unit Recovery Place of

No. qnty to be rate (Rs.)
issued
1. Cement - Bag
2 Reinforced Steel - MT
3 Structural Steel - MT
4 Electric Detonator - Piece
(All types)
5 Ordinary detonator - Piece
(all types)
6 CGI sheet - MT -
7 Hectorite - Kg -
8 Fuse coil - Coil
9 Spl. Gelatine - Kg
10 G. P. Sheet - MT -
11 Bitumen - MT or per -
drum

1. ALL MATERIALS ARE TO BE ARRANGED BY THE CONTRACTOR.

SR.MANMAGER(HM)

12
 SCHEDULE ‘C’

CONSTRUCTION/COMPLETION SCHEDULE OF WORK(S) AND

COMPENSATION FOR DELAY
Sl. Group/Sub- Contract Completion Compensation for delay Remarks
No. Group (if Sum time/dates
any)
1. A CE ……………. ¼% of CA per week of
delay subject to max. of 5%
of CA
B CB ……………. ¼% of C per week of delay
subject to max. of 5% of
CB
C CC …………… ¼% of CC per week of
delay subject to max. of 5%
of CC
Etc. Etc. …………..
2 Work C …………… ¼% of CB per week of
under the delay subject to max. of 5%
contract as of (CA+CB+CC) i.e. 5% of
a whole i.e. C.
Group A,
B, C,
above.

Illustration to be treated for guidance only

a) Suppose the work relating to Group ‘A’ in Schedule ‘C’ the value of all the items of
the aforesaid Group ‘A’ as per the contract being CA, has not been completed before
the expiry of the stipulated period and the delay in completion of such work is
for…………………….weeks. the compensation payable by the contractor, say shall
be:-
X
Y = 100 X CA
(X above is the figure arrived at after multiplying the percentage mentioned against
the relevant Group ‘A’ as under Col.5 above at the beginning, with the number of
weeks by which the work is not completed by the stipulated period/time/up to
maximum of 5%)
b) Suppose the compensation has been recovered from the contractor for delay in the
completion of work under group/sub-group ‘A’ mentioned in (a) above, and some
other works in respect of various group/sub-group under the contract have also been
completed within the stipulated periods, but the entire work as a whole under the
contract (the contract sum of which is ‘C’) remains incomplete, say twenty weeks
beyond the stipulated period of completion, then the compensation payable by the
contractor i.e. ‘Z’ under the clause would be as under:-
Z = (5/100 X C) –Y
CONSTRUCTION/COMPLETION SCHEDULE OF THE WORKS AND
COMPENSATION FOR DELAY

13
c) The contractor is required to completed the work in all respect as per the
specifications as contained in these documents within the schedules time. IN case he
is unable to complete the work as a whole within the scheduled time, then he will be
liable to pay the penalty @ ½% per week of delay over the unfinished portion of the
work subject to maximum of 5% of the total value of the work.

14
 Schedule-D
Reference to General Conditions of Contract.

Sl. Clause Description Stipulations

No. No.
1 13
13.1 A(ii) Simple interest per annum of lump _______Nil____per cent
sum advance
13.1 Simple interest per annum on sum _______Nil____ per
B(iii) advanced on purchase cent
2 18.2 (iii) Market rate-percentage addition to ____10_______per cent
cover contractor’s overhead,,profits,
supervision and other charges
3 24.1 Power supply Tariff rate Rs.___Nil________Per
unit (KWH)
4 39.1 Time allowed for execution of work 2 & ½ (Two & Half)
Months
5 43 Defects Liability Period 06(Six)Calendar
months(s)from the
certified date of final
completion of entire
work covered under the
contract
6 46.1 Price Variation ____Nil_____per cent
(i) Percentage of labour
component in the value of
work ____ _Nil______per
(ii) Percentage of material cent
component in the value of
work (excluding dept.
material issue)
(iii) Percentage of component
of respective item of POL _____Nil_____per cent
a) Petrol _____Nil _____percent
b) H.S.D. _____Nil_____per cent
c) Lubricants

15
 SCHEDULE ‘E’

CONSTRUCTION SCHEDULE FOR

____________________________________

(NAME OF WORK)

(in the form of Bar Chart)

Sl. ACTIVITIES OF QTY. UNIT TIME PERIOD IN REMARKS

No. WORK MONTH

1 2 3 4 5 6 7 8 9 10
11 12

16
 Schedule F
Construction plant, equipments and machinery and its planning schedule
(To be furnished by the tenderer )
Ref clause 21 of General Conditions of Contracts

Sl Nam Make Cap- Total Source/ Year Whether Hours No. of Value No. to be deployed for this work
. e & acity No. of sources of the run overh- of Month wise phasing in
N of Model equip- of purch- New/Old auling spare accordance with Construction
o. equi ments Mobil- ase already availa schedule
p- ization done -ble
ment

1 2 3 4 5 6 7 8 9 10 11 12

Note :1) the above schedule will be supplemented from time to time, to the tune, to achieve the
required targets and as per the direction of Engineer- in –Charge
2) Under the head “ Source/Sources of mobilization” The contractor would clearly indicate
the sources(s) of equipments and the time when it could be released from his existing work (s) /
contract(s) in question. For the new equipments the contractor would indicate the source of
purchase and the likely delivery after placement of order.

17
 SCHEDULE ‘G’

LIST OF PLANT, MACHINERY & EQUIPMENT IMMEIDATELY

AVAIALBLE WITH THE CONTRACTOR FOR DEPLOYMENT ON THE WORKS

(To be furnished by the Tenderer)

Sl. Name of Quantity Description, Condition Year of Present

No. Machinery size, service location.
capacity,
model etc.

18
 SPECIAL TERMS AND CONDITIONS

1. The Dam site i.e. work site is located approximate 130 KM from Siliguri on the
way to Mangan via Singtam. The contractors are requested specifically to visit
work site before quoting their rates to acquaint themselves with the location and
other related problems of the area.

2. The specification and fabrication of the material shall be done strictly as per the
drawings.

3. Welding should be done confirming to the relevant welding IS Code.

4. The top stainless steel surface of the sill beam should be straight within 1.00 mm
over the whole length with a straight edge.

5. The fabricated sill beam should be compatible with the existing installed parts in
SRG gate bays.

6. Labour Laws:
a) labour laws to be followed strictly.
b) Labour should not collect firewood.
c) All labour brought from outside shall be de-ported.

7. Workmen deployed for the work should be covered under insurance as per
workmen compensation Act. Expenditure on this account shall also be borne by
the contractor.

8. Contractor shall obtain necessary labour clearance certificate from the

Department of labour, Govt. of Sikkim for following the necessary labour laws
for execution of work. Contractor shall ensure payment to labour engaged for this
work is made/disbursed as per Sikkim Government Circular No.02/DL dated
07.01.2004 or as per the latest rules declared by the Govt. and all the work force
should be covered under proper insurance.

9. The contractor shall be provide himself all hutment’s to the workmen himself.
Water electricity, sanitary arrangement shall be provided the contractor.

10. It is obligatory for the contractor to obtain license under interstate migrant
workmen Act 1979 from the Licensing Officer, Labour Department, Govt. of
Sikkim, in case the labour employed is 5 or more. Failure to comply with the
labour Act may attract penal action.

11. Contractor has to submit a copy of the insurance certificate to the department for
the labour force engaged by him at the time of start of the work as per Clause-34
of conditions of contract for civil works enclose with tender document.

12. The contractor shall have to comply with the Provident Fund and Miscellaneous
Provision Act 1952 and nothing extra on this account shall be payable under any
circumstances.

13. Unloading of the material at dam top, Dikchu shall be arranged by the contractor.

19
14. Income tax shall be deduct from the bills as per the present tax rules of central
Govt.

15. Any problem related to the said works not connected with the Dept. Directly or
indirectly is to be dealt and solved by other contractor for which Deptt. Will not
be responsible.

16. Contractor shall be responsible for fulfillment of all statutory requirements and
nothing extra on this account shall be paid under any circumstances.

17. Safety the contractor shall ensure all the safety measure during the execution of
work and in case of any mishap; all the financial liabilities shall be born by the
contractor as per workmen compensation act.

18. The contractor shall indemnify and keep indemnified the Corporation against all
the loses and claims for death, injures or damage to any person any property
whatsoever which may arise out or in consequence of the works during the
contract period and also against all claims, deman proceedings damages costs,
charges and expenses whatsoever in respect of or in relation thereof and such
liabilities shall include claims/compensations of the third party.

19. All other rules of Govt. of Sikkim should be maintained.

20. Rates quoted by the contractor shall be valid for 120 days from the date of
opening of tender.

21. NHPC reserves the right to reject any or all the tenders without assigning any
reason and are not bound to accept the lowest tenderer.

22. The contractor should arrange firewood and kerosene for their labourer and not
jungle cutting shall be allowed.

23. Environment Case-2005, 0.50% shall be deducted from the Gross value of bill.

S.M. (HM)

20
 SECTION-III

GENERAL CONDITIONS OF CONTRACT

CLAUSE-1 DEFINITIONS

In the contract, the following expression shall, unless the context otherwise requires, have the
meanings thereby respectively assigned to them.

(i) Contract: means the document forming the tender acceptance thereof and the formal
agreement executed between the National Hydroelectric Power Corporation Limited
and the Contractor, together with the documents referred of therein. Otherwise, it
shall mean the Notice Inviting tender, Information and Instructions for Tenderers.
Tender (including the Warranty “Schedule of Quantities and Prices” and other
Schedules attached thereto), General condition of the Contract, Special conditions, if
any, Specifications. Designs, Drawings find Letter of Award thereof.

(ii) Contract sum: means the amount arrived at by multiplying the quantities, shown in
the schedule of quantities and Prices by the respective item rates are as allowed.

(iii) Contractor: means the successful tenderer who is awarded contract to perform the
work covered under these Tender documents and shall be deemed to include the
contractor’s successors, executors, representatives or assigns approved by the
Engineer-in-Charge.

(iv) Corporation: means the National Hydroelectric Power Corporation Limited having its
registered office at NHPC Office Complex, Sector-33,Faridabad (Haryana) and
includes their legal representatives, successors and assigns.

(v) Day: means a calendar day beginning and ending at midnight.

(vi) Drawings: means the Drawings referred to in the specifications and /or appended with
the tender document any modification of such drawings approved in writing by the
Engineer-in-Charge and shall also include drawings issued for actual construction of
the works from time to time by the Engineer-in-Charge.

(vii) Engineer-in-Charge: means the Engineering Officer appointed by the Corporation to

sign or cause to sign the contract agreement, on behalf of the Corporation and/or the
Engineer Officer appointed by the Corporation or its duly authorized representative to
direct, supervise and be in charge of the works for the purpose of this contract.

(viii) Chief Engineer: means the General Manager or Chief Engineer of the Corporation as
the case may be.

(ix) Letter of Award: means letter from the Engineer –in-Charge conveying the
acceptance of the tender /offer subjects to such reservations as may have been started
therein

(x) Month: means the calendar month.

21
(xi) Site: means the land and /or other places, on under in or through which the works are
to be executed including any other lands or places, which may be allowed for the
purpose of contract.

(xii) Urgent Works: means any urgent measures, which in the opinion of the Engineer-in –
Charge becomes necessary at the time of execution and/or during the progress of
work to obviate any risk of accident or failure or to obviate any risk or damage to the
structure , or required to accelerate the progress of work or which become necessary
for security or any other reason , the Engineer-in-Charge may deem expedient.

(xiii) Week: means seven consecutive calendar days.

(xiv) Work or works: means work/works to be executed in accordance with the contract.

CLAUSE-2 INTERPRETATIONS:

2.1 Words importing the singular only shall also include the plural, he includes he and
vice versa unless this is repugnant to the extent.

2.2 Heading and marginal notes in these General Conditions shall not be deemed to form
part thereof or be taken into consideration in the interpretation or construction thereof of
the contract.

CLAUSE-3 SECURITY DEPOSIT FOR PERFORMANCE:

3.1 The contractor for due performance of contract within 30(Thirty) days from the
date of issue of Letter of Award , shall furnish an initial security deposit of 2% (two percent)
of contract sum in any one of the following forms:

(a) Demand Draft on any Bank and in the name of Engineer-in-Charge or

(b) Bank Guarantee / Bonds of the Indian Nationalised Bank or State Bank of
India or any Scheduled Bank of India (provided such scheduled Bank certifies
that the Guarantees given are within the limit prescribed by Reserve Bank of
India ) and in the form as acceptable to the Corporation. The earnest money
deposited by the contractor along with the tender shall be adjusted towards the
initial security deposit.

3.2 Including the initial security deposit under Sub-clause 3.1 above, the Contractor shall
have to furnish to the Engineer-in-Charge security deposit for due performance of the
contract a sum equal to 5% (five percent) of the contract sum. Such of balance 3%
(three percent) shall be deducted by the Engineer-in-charge from the running account
bills of the contractor @5%(five percent) of the total value of each bill of the work
done (excluding those of price variation) towards security deposit, subject to the
condition that the total amount of initial security deposits laid down in sub-clause 3.1
above, shall not exceed 5%(five percent) of the contract sum.

3.3 If the contractor expressly requests in writing he will be permitted to convert the
amount of security deposit deducted from his running account bills in to Bank
Guarantee .

3.4 a) Should there arise any occasion under the Contract due to which the periods of
validities of Bank Guarantees as may have been furnished by the Contractor from
time to time, and are required to be extended /renewed, the contractor at his own cost

22
 shall get the validity periods of such guarantees extended / renewed , as the case may
be and furnish these to the Engineer-in-Charge one month before the expiry date of
the aforesaid Guaranties originally furnished. Also in case of any deficit in Bank
Guarantees on any account as might occur or is noticed the contractor shall forthwith
or on demand furnish additional guarantees.

b) In case of failure or the contractor to strictly comply with the aforesaid provisions
on any account for whatsoever reasons, the Engineer-in-Charge shall be at liberty,
notwithstanding anything contained contrary to this in the contract, to take such
measures and actions, including but not restricting to the following as may be
considered necessary by him under the circumstances to satisfy the provisions of
contract for having the required amount of securities at the relevant time:

i) to invoke the existing Bank Guarantee

or

ii ) to withhold the payment of the bills or other dues of the contractor arising out of
the contract till such time the aggregate of the amount of such bills reaches the level
of the amount of the expired Bank Guarantee or the contractor furnishes a fresh Bank
Guarantee.

3.5 Bank Guarantee shall be valid till the date of expiry of Defects Liability Period under
the contract (Clause-43).

CLAUSE-4 REFUND OF SECURITY DEPOSIT:

The Security Deposit less any amount due shall, on demand, be returned to the contractor on
the expiry of Defects Liability Period ( referred in Clause 43 hereof) or on payment of the
final bill payable in accordance with clause 48 , whichever is later , provided the Engineer-
in-Charge is satisfied that there is no demand outstanding against the contractor.

CLAUSE-5 SUFFICIENCY OF TENDER:

The contractor shall deemed to have satisfied himself before tendering as to the correctness
and sufficiency of his tender for the works and of the rates quoted in the Schedule of
Quantities and prices which shall except as otherwise provided in the contract, cover his
obligations under the contract and all matters and things necessary for the proper execution
and completion of the works in accordance with the provisions of the contract and its
maintenance during construction.

CLAUSE-6 : CONTRACT DOCUMENTS :

6.1 The language or languages in which the contract documents shall be drawn up shall
be English and if the said documents are written in more than one language, the
language according to which the contract is to be constructed and interpreted shall be
English and designated as ‘Ruling Language’.

6.2 The contractor shall furnish, free of charge, four certified true copies of the Contract
Documents.

6.3 One copy of contract Documents furnished by the contractor as aforesaid shall be
kept by the contractor on the Site in good order and the same shall at all reasonable
time be available for inspection and use by the Engineer-in-Charge , his
representatives or by other inspecting Officers.

23
6.4 None of these Documents shall be used by the Contractor for any purpose other than
that this contract.

CLAUSE-7 : DISCREPANCIES AND ADJUSTMENTS OF ERRORS :

7.1 Details drawing shall be followed in preference to small-scale drawing and figured
dimensions in preference to sealed dimensions. In case of discrepancy between the
Schedule of Quantities and prices, the Specifications and /or the Drawings , the
following order of precedence shall be observed.

a) Description in the Schedule of Quantities and Prices.

b) Relevant Specification and Special Condition, if any.
c) Drawings
d) General Specifications.

7.2 The contractor shall study and compare the Drawings , specifications and other
relevant information given to him by the Engineer-in-Charge and shall report in
writing to the Engineer-in-Charge any discrepancy and inconsistency which he notes.
The decision of the Engineer-in-Charge regarding the true intent and meaning of the
drawings and specifications shall be final and binding.

7.3 Any error in description , quantity or price in Schedule of Quantities and Prices or
any ommision therefrom shall not vitiate the contract of release the contractor from
the execution of the whole or any part of the works comprised therein according to
drawings and specifications or from any of his obligations under the contract.

7.4 If on check there are found to be differences between the rates given by the contractor
in words and figures or in the amount worked out by him in the Schedule of
Quantities and prices and General Summary, the same shall be adjusted in
accordance with the following rules.

a) In the event of a discrepancy between description in words and figures quoted by a

tenderer, the description in words shall prevail.

b) In the event of an error occurring in the amount column of Schedule of Quantities

and Prices as a result of wrong multiplication of unit price and quantity, the unit price
shall be regarded as firm and multiplication shall be amended on the basis of the
price.

c) All the errors in totaling in the amount column and in carrying forward totals shall
be corrected.

d) The totals of various sections of Schedule of Quantities and prices amended shall
be carried over General Summary and the tendered sum amended accordingly. The
tendered sum so altered shall , for the purpose of tender, be substituted for the sum
originally tendered sum so altered shall , for the purpose of tender, be substituted for
the sum originally tendered and considered for acceptance in stead of original sum
quoted by the tenderer.. Any rounding off of Quantities or in sections of Schedule of
Quantities and Prices or in General Summary by the tenderer shall be ignored.

CLAUSE 8: DUTIES AND POWERS OF ENGINEER –IN-CHARGE‘s

REPRESENTATIVE:

8.1 The duties of the representative of the Engineer-in-Charge are to watch and supervise
the works and to test and examine any materials to be used or workmanship

24
 employed in connection with the works, he shall have no authority to order any work
involving any extra payment by the Corporation not to make any variation in works.

8.2 The Engineer-in-Charge may from time to time in writing, delegate to his
representative any of the Powers and authorities, vested in the Engineer-in-Charge
and shall furnish to the contractor a copy of all such written delegation of powers and
authorities. Any written instruction or written approval given by the representative of
the Engineer-in-Charge to the contractor within instruction or written approval given
by the representative of the Engineer In charge to the contractor with in the terms of
such delegation shall bind the contractor and the Corporation as though it was given
by the Engineer-in-Charge.

8.3 Failure of the representative of the Engineer-in-Charge to disapprove any work or

materials shall be without prejudice to the power of the Engineer-in-Charge thereafter to
disapprove such work or materials and to order the pulling down , removal or breaking up
thereof. The contractor shall, at his own expense, again carry out such works as directed by
the Engineer-in-Charge.

8.4 If the contractor is dissatisfied with any decision of the representative of the
Engineer-in-Charge, he will be entitled to refer the matter to the Engineer-in-Charge
who shall there upon confirm, reverse or vary such decision and the decision of the
Engineer-in-Charge in this regard shall be final and binding on the contractor.

CLAUSE-9 : ASSIGNMENT AND SUB-LETTING :

The contractor shall not sub-let, transfer or assign the whole or any part of the work
under the contract, Provided that the Engineer-in-Charge may at his discretion
approve and authorize the Contractor to sub-let any part of the work which, in his
opinion, is not substantial, after the contractor submits to him in writing the details of
the part of the work(s) or trade proposed to be sub-let , the name of the sub contractor
thereof together with his past experience in the said work/ trade and the form of the
proposed sub-contract . Nevertheless any such approval or authorization by the
Engineer-in-Charge shall not relieve the contractor from his any or all liabilities ,
obligations , duties and responsibilities , under the contract. The Contractor shall also
be fully responsible to the Corporation for all the acts and omissions of the sub-
contractors, his employees and agents or persons directly employed by the contractor.
However , the employment of piece rate workers shall not be construed as sub-letting.

CLAUSE-10 : FACILITIES TO OTHER CONTRACTOR:

The Contractor shall, in accordance with the requirements of the works as decided by
the Engineer-in-Charge afford all reasonable facilities to other contractors engaged
contemporaneously on separate contracts and for departmental labour and labour of
any other property authorized authority or statutory body which may be employed at
the site for execution of any work not included in the contract or of any contract
which the Corporation may enter into in connection with or ancillary to the work , in
all matters of conflict or interest, the Engineer-in-Charge shall direct what comprise
should be made and his decision shall be final and binding on the parties.

CLAUSE-11: CHANGES IN CONSTITUTION:

Where the contractor is a partnership firm, prior approval in writing of the Engineer-
in-Charge shall be obtained before any change is made in the constitution of the firm.

25
 Where the contractor is an individual or a Hindu undivided family business concern,
such approval as aforesaid, shall likewise be obtained before the contractor enters
into any partnership firm which would have the right to carry out the work
undertaken by the contractor. If prior approval as aforesaid , is not obtained , the
contract shall be deemed to have been assigned in contravention of Clause 38
( hereof ) and the same action will be taken and the same consequences shall ensure
as provided for in the said Clause 38.

CLAUSE-12: USE AND CARE OF SITE:

12.1 The contractor will be permitted to use the site and lands under the control of
Corporation and required for execution of work , subject to such condition as detailed
in sub-clause 2.4 ibid. The contractor shall not commence any operation on such
lands except with the prior approval of the Engineer-in-Charge.

All areas of operations including those for his staff and labour colonies handed over
to the contractor shall be cleared and handed back by the contractor at his own cost
and expense whatsoever to the Engineer-in-Charge. The contractor shall make good
at his own cost to the satisfaction of the Engineer-in-Charge any damage or
alterations made to areas or other property or land handed over to him for purpose of
these works. With the permission of the Engineer-in-Charge the contractor may at his
expense erect temporary structures for storage sheds, residence etc., for non-
commercial use on the land handed over to him. At the completion of the work these
structures should be dismantled and the site cleared and handed over to the Engineer-
in-Charge. The lands required for providing facilities to the labour employed on the
work will be allotted free of cost as per approved plan. The contractor shall also
provide and maintain at his own expense such temporary fences, guards, bridges and
roads as may be necessary for the execution of his preliminary, enabling and ancillary
works for safeguarding the public. If the Engineer-in-Charge shall order any
departure from any arrangement, made by the contractor, the contractor shall comply
with such orders as the Engineer-in Charge may issue from time to time. The
contractor shall not use or allow to be used , the site/land for only purpose other than
the one specified herein.

12.2 The Engineer-in-Charge shall at his discretion and for the duration of contract make
available land for construction of the Contractor’s field office (s), colony, and
workshop(s), stores, magazines for explosives in isolated locations, assembly-yard,
land for borrow pies and quarries and access thereto over routes indicated by the
Engineer-in-Charge may be required for execution of work. Development including
leveling and dressing of the land and construction of temporary roads (other than
those provided by the Corporation under the Contract) , Office, colonies ,
workshops , stores, magazines etc. as per the plans approved by the Engineer-in-
Charge , shall be done by the Contractor at his own cost . Land shall be generally
made available at or near site of work , if possible and available , otherwise at any
other place(s) earmarked for the purpose by the Engineer-in-Charge.

12.3 The Contractor shall provide at his own cost all temporary pathways/roads required at
site or in Quarries or borrow areas and shall alter, adopt and maintain the same as
required from time to time and shall bear all expenses and charges for special or
temporary way leaves required by him in connection with access to the site and shall
take up and clear them away and make good all damages done to the sateen’s and
when longer required and as and when ordered by the Engineer-in-Charge.

26
12.4 The use of land as provided in sub-clause 12.1 to 12.3 ibid shall be regulated and be
subject to the following and such terms and conditions as may be imposed by the
Corporation.

i) that he shall pay a nominal lice sense fee of Rs. 1.0 (Rupees one) only per
year or part of a year for use and occupation in respect of each and every
separate areas of land allotted to him.

ii) that such use or occupation shall not confer any right of tenancy of the land
on the Contractor.

iii) that the Contractor shall be bound to vacate the land on demand by the
Engineer-in- Charge.

iv) that the Contractor shall have no right to any construction over the land
without the written permission of the Engineer-in-Charge, in case , he is allowed to
construct any structure he shall have to demolish and clear the same at his own cost
before handling over the land back to the Corporation unless agreed to the Contrary.

v) that possession of site or other lands by the Contractor in connection with the
contract shall not be deemed to confer on him any right or interest or in or over the
land or possession thereof.

12.5 On completion of the work and before payment of the final bill, the Contractor shall
handover the vacant possession of the land licensed to him in connection with the work
duly cleaned to the Engineer-in-Charge, duly made good the damages, if any done to the
site.

(Clause No 13.1 to 13.3 has been deleted)

CLAUSE 14: COMMENCE MENT OF WORK :

14.1 The Contractor shall commence the work (s) within 7 (seven) days after the issue of
Letter of Award and shall proceed with the same with the expedition and without delay as may
be expressly sanctioned or ordered by the Engineer-in-Charge. If the Contractor commits
default in the commencement of work as aforesaid the Engineer-in-Charge shall without
prejudice to any other right or remedy be at liberty to cancel the contract and forfeit the earnest
money.
14.2 The contractor shall strictly adhere to the construction schedule ie Schedule-E attached
with the Tender Document.

14.3 The Contractor shall submit along with his tender , the construction planning phasing
& sequence of construction, time and progress chart within the framework of
construction schedule i.e Schedule E for achieving completion target of work(s) as a
whole and also of each group / sub-group of work (s)(stipulated in Schedule C )
showing the order of procedure and a statement showing the method and techniques of
construction by which the contractor proposes to carry out the works . Such charts or
programs shall be prepared in direct relation to the construction schedule i.e Schedule
E as well as the time stated in the contract document for completion of item of works
27
 stipulated in schedule C .It shall indicate the commencement and completion of various
traces or section of the work, distribution and balancing of work load pertaining to the
construction activities in various structures /components parts of work into working
seasons duly taking into account working months available in each working season and
no. of working days available for working months, to arrive at seasonal monthly
average and seasonal monthly peak progress with corresponding time periods . Such
construction planning will be discussed and finally agreed with successful tenderer
before award of work and same shall form an integral part agreement. Contractor shall
have to strictly adhere to such an agreed planning and scheduling. However it shall
not , relieve the Contractor for any of his duties , obligations or responsibilities under
the Contract.

15.1 All instructions and orders in respect of the work shall be given by the Engineer– in–
Charge in writing. However, any verbal instructions or orders shall be confirmed by the
Engineer– in– Charge as soon as practicable without loss of time. Only written instructions
shall be deemed to be valid.

CLAUSE 16: SETTING OUT THE WORKS :

16.1 The Engineer– in– Charge shall established/indicate the bench marks/survey
reference points and their elevations.
16.2 The contractor shall be responsible for the true and proper setting out of the work ( in
relation to the above mentioned Bench marks/survey reference points for the correctness of the
location, grades, dimensions and alignment, of all components of the work, and for the
provision of all instruments, appliances, materials and labour required in connection therewith.
If at anytime during the progress of the work, any error shall appear or arise in the location
grades dimensions, or alignment of any part of the work, the contractor on being required to
do so by the Engineer-in-Charge shall at the own expense, rectify such error to the satisfaction
of the Engineer-in-Charge.
16.3 The contractor shall afford reasonable facilities and assistance to the Engineer-in-
Charge for checking the setting out and lines and grades established by the contractor. The
checking of any setting out of any line and grade by the Engineer-in-Charge shall not in any
way relieve the contractor of his responsibility for the correct ness thereof.

CLAUSE 17 : URGENT WORKS :

If any urgent work ( In respect whereof the decision of the Engineer-in-Charge shall be final
and binding ) becomes necessary, the contractor , shall execute the same as may be directed.

CLAUSE 18 : DEVIATIONS :

18.1 The Engineer-in-Charge shall have powers to make any deviations, in the original
specifications or drawings or designs of the works or any part thereof that are, in his
opinion necessary at the time of or during the course execution of the works. For the
aforesaid purpose or for any other reason, if it shall during the coarse of execution of
the works. For the aforesaid purpose or for any other reason if it shall , in the opinion
of the Engineer-in-Charge, be desirable, he shall also have the powers to make
deviations, such as (i) Variations (ii) Extra ( iii) Additions/Omissions and (iv)
Alterations or Substitutions of any kind. No such deviations in the specifications or
drawings or designs or schedule or quantities as aforesaid shall in any way vitiate or
invalidate the contract and any such deviations which the contractor may be directed to
do shall from integral part of the contract as if originally provided therein and the
contractor shall carry out the same on the same conditions in all respect on which he
agreed to do the works under the contract.

28
18.2 The rates of such items of works as are required to be executed due to deviations, as
stated in sub clause 18.1 above shall be payable in the manner as stated hereunder,
subject to the conditions that the variations so ordered do not exceed plus or minus 30
% (Thirty Percent) in respect of individual items and provided further that the cost of
work executed/to be executed by the contractor including the cost of deviations not
more or less than 20% (Twenty Percent) of the contract sum.

i) The rates already provided in the schedule of quantities, shall apply in

respect of the same item(s) of work to execute due to variation.

ii) In case same items are not available in the schedule of quantities the
rates of such items as far as practicable, shall be derived from the quoted rates of analogue
item(s) in the Schedule of Quantities after actual observance at site. The decision to select
analog item(s) shall be taken by the Engineer-in-Charge which shall be conclusive and binding
on the contractor.

iii) Provided where some extra and /or analogous items are not available in
the Schedule of Quantities, and for the variation in respect of individual item exceeding the
prescribed limit of 30% as aforesaid the rates for such item(s) to be executed shall be
determined by the Engineer-in-Charge on the basis of actual analysed cost comprising of the
cost materials to be supplied by the contractor ( including transportations and taxes levies if
paid ), labour actually engaged for the particular work, cost of operation of plant and
machineries used for the work plus such percentage ( as indicated in Schedule ‘D’) to cover
the overheads, profits, Contractor’s supervision and other charges if any. Incase negative
variations (Beyond prescribed units) lower side of analysed rate and schedule rate will be
allowed. The decision of the Engineer-in-Charge in deriving rates as aforesaid, shall be
conclusive and binding on the contractor.

iv) The amount due to Price Variations as stipulated in Clause no. 46

applicable to work done during the pendency of the contract shall not be included in the
payments of work done covered under Schedule of Quantities and Prices, for the purpose of
working out of prescribed limit (+ )30% on individual items of work and / or the overall
deviation limit of (+)20% on the Contract sum. Thus payments on account of Price Variation
shall be over and above prescribed limit of ( + ) 30% in the individual item of work and / or
overall limit of ( + ) 20% on the contract sum.

18.3 If requested by the contractor the time of completion of the work shall, in the event of
any deviation resulting in additional cost over the contract sum, be extended in the
proportion which the alerted, additional or substituted work bears, to the original
contract sum plus such further additional time as may be considered reasonable by the
Engineer-in-Charge , whose decision shall be conclusive as to such provision.

18.4 Under no circumstances, the contractor shall at any stage suspend the work on account
of non -settlement of rates of such deviated items.

CLAUSE 19: CONTRACTORS SUPERVISION:

19.1 The Contractor shall either himself, supervise the execution of the works or shall
appoint at his own expense, an Engineer as his accredited agent approved by the
Engineer-in-Charge, if Contractor has himself not sufficient knowledge or experience
to be capable of receiving instructions or can’t give his full attention to the works. The
Contractor or his agent shall be present at the site and shall superintend the execution
of the works with such additional assistance in each trade as the work involved shall
require and considered responsible by the Engineer-in-Charge. Directions/Instructions

29
 given by the Engineer-in-Charge to the Contractor’s agent shall be considered to have
the same force as if these had been to the Contractor himself.

19.2 If the contractor fails to appoint a suitable agent as directed by the Engineer-in-Charge,
the Engineer-in-Charge shall have full powers to suspend the executions of the works
until such date as a suitable agent is appointed by the Contractor and takes over the
supervision of the work. For any such suspension, the Contractor shall be held
responsible for delay so caused to the works.

CLAUSE 20: INSTRCTIONS AND NOTICES:

20.1 Except as otherwise provided in this contract, all notices to be given on behalf of the
corporation and all other actions to be taken on its behalf may be given or taken by
the Engineer-in-Charge or any officer for the time being instructed with the functions,
duties and powers of the Engineer-in-Charge.

20.2 All instructions, notices and communications etc. under the contract shall be given in
writing and any such oral orders / instructions given shall be confirmed in writing and no such
communication which is not given or confirmed in writing shall be valid.

20.3 All instructions, notices and communications shall be deemed to have been duly given
or sent to the Contractor, if delivered to the Contractor, his authorized agent, or left at, or
posted to , the address given by the Contractor or his authorized agent or to the last known
place of abode or business of the Contractor or his agent in case services by post shall be
deemed to have been served on the date when in the ordinary course of post these would have
been delivered to him as in other cases on the day on which the same were so delivered or left.

20.4 The Engineer-in-Charge shall communicate or confirm the instructions to the

contractor in respect of the execution of work in a ‘Work site Order Book’ maintained in the
office of the Engineer-in-Charge and the contractor or his authorised representative shall
confirm receipt of such instructions by signing the relevant entries in this book. If required by
the contractor he shall be furnished a certified true copy of such instruction(s).

CLAUSE 21: CONSTRUCTION PLANT AND EQUIPMENT:

21.1 The Contractor shall provide and install necessary construction plant, equipment and
machinery required for the execution of the work under the contract at his cost and
shall used such methods and appliances for the purpose of all the operations
connected with the work covered by the contract which shall insure the completion of
work(s) within the specified time.

21.2 The tenderer shall submit as per Schedule ‘F’ full details of his of his construction
plant and equipment & machinery proposed to be deployed for work(s) along with its planning
schedule showing month wise phasing in accordance with the construction schedule i.e.
Schedule E. The Schedule ‘F’ submitted by the tenderer should conform to the Construction
Schedule i.e. Schedule E. The construction plant, equipment, machinery schedule as submitted
shall be mutually discussed and finalized with the successful tenderer and approved before
award of work and these shall form integral part of agreement.

The contractor has to adhere to the deployment schedule of construction Plant ,

Equipment and machinery as approved by the Engineer In Charge . However Engineer
In Charge whose decision shall be final and binding on the contractor , may permit
deviation in the following cases.

30
(i) In view of geological or design consideration any change in the equipment to
be used become justified.
(ii) Any other reason for which the scope of the work either in terms of Quantities
or item rates undergo a change, and
(iii) If the construction schedule it self is for any reason updated and changed and is
binding on the contractor in terms of the contract.

21.3 The Contractor shall have to certify the requirement, utility, performance and
dependability of the proposed construction plant, Equipment & Machinery for bonafide
execution of work. He shall give an undertaking accepting full responsibility for proper
installation, testing, commissioning and maintaining the same in good working condition
throughout the contract period. The proper supply of spare parts , accessories and maintenance
arrangements shall be entirely responsibility of Contractor.

21.4 The Contractor shall submit the following information in triplicate to the Engineer-in-
Charge for approval within the time stipulated against each item

a) The general layout plan of Construction Plant & Equipment for the execution of
work within 30 days after the issue of Letter of Award

b) Detailed Drawings showing the location of major plant and other facilities which he
proposes to put up at site including any changes in general layout, at least thirty days
prior to the commencement of the respective work
21.5 Provided always that any such approval mentioned in 21.4 (a) and (b) shall not absolve
the contractor of his obligation for due execution and timely completion of the contract.
21.6 Subject to the availability of any item of Corporation’s plant, equipment and
machinery and at the written request of the Contractor , such plant , equipment and machinery
may be issued to the Contractor on hire for being deployed on the work contracted for, at
predetermined rates , terms and conditions at the sole discretion of the Engineer –in Charge.

CLAUSE 22: PATENT RIGHTS:

The Contractor shall indemnify the Corporation, its representatives or its employees against
any action , claim or proceedings relating to infringement or use of any patent or design or
any alleged patent or design rights and shall pay any royalty or other charges which may be
payable in respect of any article or Material or part thereof included in the Contract. In the
event of any Claim being made or action being made or action being brought against the
Corporation or nay agent , servant or employee of the Corporation in respect of any ,such
matters as aforesaid the Contractor shall immediately be notified thereof . Provided that such
identity shall not apply when such infringement has taken place in complying with the
specific direction issued by the Corporation but the Contractor shall pay any royalties or
other charges payable in respect of any such use , the amount so paid being reimbursed to the
Contractor only if the use was the result of any drawings and /or specifications issued after
submission of the tender.

CLAUSE 23: MATERIALS:

23.1 The Contractor shall at his own expense provide/arrange all materials required for the
bonafide use on work under the contract also for initial mobilization, preliminary,
enabling and ancillary works, except those listed and specified in Schedule ‘B’. The
quantity of such materials as stipulated in the aforesaid Schedule to be supplied by
the Corporation will be that as may be actually required for the work and shall be
subject to the terms and conditions as Set forth in the sub-clause 23.4 under this
clause.

31
23.2 All the materials to be provided by the Contractor shall be in conformity with the
Specifications laid down in the contract and the contractor shall furnish from time –to
–time proof and samples, at his own cost of the materials as may be specified by the
Engineer-in Charge for his approval before use in the Works. The Engineer-in-
Charge shall also have powers to have such tests, in addition to those specified in the
Contract, as may be required and the contractor shall provide all facilities to carry out
the same. The cost of materials consumed in such tests and also expenses incurred
thereon shall be born by the contractor in all cases except when the material is agreed
to be supplied by the Corporation under the Contract , and also where such tests
which are in addition to those provided in the Contract disclose that the materials are
in conformity with the provisions of the Contract.

23.3 The Engineer-in Charge or his representative shall be entitled at any time to inspect
and examine any materials intended to be used in or on the works , either on the site
or at factory or workshop or other place(s) where these such materials assembled ,
fabricated , manufactured or at any place where these are lying, or from where these
are being obtained. For this purpose the contractor shall afford such facilities as may
be required for such inspection and examination.

23.4 For the materials listed in Schedule B which the Corporation has agreed to supply to
the Contractor for the work under the contract, the Contractor shall, before 90(ninety)
days of his requirement in accordance with the agreed phased programme of the
construction of works(s) , send a requisition in writing to the Engineer-in-Charge.
The issue of such materials shall be subject to the following:

(i) All the materials issued by the Corporation to the Contractor for use in the
work shall vest in the Corporation and the contractor shall hold all such items
of materials as more custodian in trust on behalf of the Engineer in Charge.

(ii) All cost such as loading, transportation, unloading, storage etc. whatsoever as
may be
required .
a) From the place/point of issue/supply by the Corporation to the ultimate use for
/ in the works and/or

b) In Connection with the return of materials by the Contractor to the

Corporation stores, whenever necessary under the provisions of the Contract,
shall be borne by the Contractor

iii) The contractor shall maintain an account of receipt and use of materials
issued by the Corporation each day and submit the same monthly to the
Engineer-in-Charge in the form as may be prescribed for the purpose of
check and accounting . The Contractor shall also form time to time render
proper account of all such materials issued by the Corporation. If the
Contractor fails to do so as aforesaid no further material shall be issued to him
and he shall be held responsible for any delay in the execution of work.
iv) The godowns/stores of the contractor for storing the material like cement etc.
iisued by the Corporation shall be provided with two locks on each door. The
Key of one lock of each door shall remain with the Engineer –in-Charge or his
representative and the other with the Contractor’s authorized agent at the site
so that material is removed from the godowns/stores only according to the
daily requirements with the Knowledge of both parties.
v) CEMENT:

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 a) Cement will be supplied to the Contractor in bags as received from the
suppliers or may
by weight at the rates specified in Schedule B and will be consumed in work
as per mix design approved by the Engineer-in-Charge.

b) In case Cement is issued by bags as received from the suppliers and

consumed by weight , an allowance of 5%(five percent) of the
quantity of cement issued will be allowed to account for the difference
between the quantity issued will be allowed to account for the difference
between the quantity issued and that consumed . Alternatively if cement is
supplied by the Corporation by weight and also consumed by weight , an
allowance of 2%(two percent) of the quantity issued and that consumed.

c) The allowance as mentioned in (b) above shall be considered as inclusive of all

wastage on account of handling, remanding, transportation, storage or any other
account whatsoever as may be involved at any stage and such allowance shall be
to the contractor’s account. The recovery in this regard shall be effected by the
Engineer-in-Charge from the monthly running bill at the rates specified in
Schedule B . However if the limit of allowance in cement exceed the aforesaid
permissible limits, the recovery shall be effected for such excess quantity at
double the rate included in Schedule B by the Engineer-in-Charge from the
amount due to the Contractor.
d) The Contractor shall have to return al least 75% of the empty bags in good
acceptable conditions to the bag collecting agency and furnish proof thereof. In
case the number of serviceable empty bags returned is less than 75%, the
Engineer-in Charge shall effect recovery at the rate of Rupees two per bag falling
short of aforesaid limit from the contractor’s bills or any other dues under the
contract.

vi) STEEL:

a) Reinforcement steel and structural steel will be supplied to the Contractor on

sectional weight basis (based on linear measurements multiplied by corresponding
unit weights) at the rates specified in Schedule B, the same shall be accounted for on
sectional weight basis while working out consumption.

b) In respect of reinforcement steel, cut pieces of 3 Meter in length or more shall be

returned by the Contractor to the Corporation. For calculation of actual consumption
of reinforcement laid at site (for purposes of measurements and payments) according
to the bar-bending schedules, including Lapp ages as authorized by the Engineer-in-
Charge, shall be taken into account. In addition to above, an allowance of 2% for the
quantity of reinforcement steel shall be considered as extra for chairs, pins and
spacers including cut pieces (non returnable) and to cover wastage, if any for the
purposes of accounting only. The Contractor shall also make payments for this 2% as
aforesaid to the Corporation at the rates specified in Schedule B and the Engineer-in
Charge shall make recovery on this account from the Contractor’s bills or other dues.
In case there is wastage of more than permissible limits of 2% as aforesaid, the
Contractor shall pay to the Corporation for such excess at double the issue rate
specified in Schedule B and the Engineer-in-Charge shall recover the amount on this
account from the Contractor.
c) Structural Steel shall be used by the Contractor most economically and Strictly in
accordance with the construction drawing or written instruction of Engineer-in-
Charge . For the purpose of accounting the contractor shall be allowed 2%(two
percent) of the quantity of structural steel supplied to him as extra to cover any
33
 wastage at his cost, at the rates specified in Schedule B, in case any difference
between the quantity supplied to the contractor and account of consumption
rendered exceeds 2% then the contractor shall pay to the Corporation in respect of
such excess at double the rate(s) specified in Schedule B and recovery thereof on
this account shall be made by the Engineer-in Charge from the contractor.
vii) Such materials shall be supplied for the purpose of the contract only and the value of
materials so supplied at the rates specified in the aforesaid schedule shall set off
or deducted , as and when materials are consumed in items of work for which
payment is being made to the Contractor, from any sums then due or which may
thereafter become due to contractor under the contract. At the time of submission of
bills, the contractor shall properly account for the materials issued to him to the
satisfaction of the Engineer-in Charge and certify that balance of materials supplied is
available at the site.
viii) Explosives, detonators will be issued to the contractor from Corporation magazine
only after the contractor has constructed the magazines or has arranged portable
magazines , obtained license for storage of same, arranged licensed blaster and
complied with all the relevant provisions of Law such as Indian Explosive Act 1940
with amendments thereto.
ix) Materials rendered surplus shall, on completion of the works or on foreclosure of
work or cancellation of contract shall be returned by the contractor at his expense at
the place from where the same was issued by the Corporation. If the Contractor is
advised to return such materials at a place other than form where it was issued, the
contractor shall deliver the material accordingly and in that case, the Corporation
shall bear the extra charges, if any, on this account/surplus stores and/or materials
returned by the Contractor will be credited to him at a price not exceeding that at
which the stores and materials were originally issued to him but due consideration
shall be given to an allowance claimed by the Corporation in respect of any
depreciation or damage suffered by the Stores and /or materials while in the custody
of the contractor.
x) On completion of works/foreclosure/cancellation the contractor shall return forthwith
all the materials issued to him by the Corporation lying in his possession/custody
failing which the Engineer-in-Charge shall be at liberty to effect recovery at double
the rates specified in Schedule- B for the aforesaid materials
23.5 The Engineer-in Charge shall have full powers to require removal of any or all
materials brought to site by the Contractor, which are not in accordance with the
contract specification or samples approved by him. Should the contractor fail or
remove the rejected materials , the Engineer-in-Charge shall be at liberty to have
them removed by other means at the contractor’s cost. The Engineer-in-Charge shall
have full powers to procure other proper materials to be substituted at Contractor’s
costs.

23.6 (a) If the Construction material like cement, steel, explosive etc. are required by
the Contractor for the bonafide use in his preliminary, enabling and ancillary
works (relating to the works under the contract and if such materials are available and
can be spared by the Corporation, the Engineer-in Charge may issue the same to the
Contractor on the issue rates of the Corporation prevalent at that time and on such
terms and conditions as may be stipulated by the Engineer-in Charge . Provided
further that the quantity of such materials are justified and has been assessed by the
Engineer-in Charge according to the plans and the phasing as approved by the
Engineer-in Charge.

(b) The contractor shall have no claim whatsoever against the corporation for issue of the
construction material for preliminary, enabling and ancillary works as mentioned in

34
 23.6 (a) above. The decision of the Engineer-in –Charge in respect of 23.6 (a) & (b)
shall be final, conclusive and binding on the contractor.
(c) The supply of the materials as per the approved / finalized plans programme /
requirement shall be regulated with reference to the availability and depending on the
priorities with respect to various other works of the project, as may be fixed by the
Chief Engineer of the project and the contactor shall have no right to claim in this
regard
.
23.7 It is prime responsibility of the contractor to arrange for all materials. The Engineer-
in Charge may, however assist the contractor on request in regard to procurement of
H. S. D., Petrol, Lubricants, for bonafide use on works from recognized Suppliers.

(Clause No 24.1 to 24.2 has been deleted)

CLAUSE 28: SITE DRAINAGE, PROTECTION OF TREES AND PREVENTION OF

NUISANCE:

28.1 Unless otherwise provided in the contract, water which may accumulate on the site
during the progress of work or in trenches and excavation from any cause or source
whatsoever shall be removed from the site by the contractor to the satisfaction of the
Engineer-in-charge and at the contractor `expense.

28.2 The contractor shall endeavor to protect from damage trees marked by the Engineer-
in-charge of the site of work or in the land licensed to him for use under the contract.
Where necessary the contractor shall provide at his expense temporary fencing to
protect such trees.

28.3 The contractor shall at no time, cause or permit any nuisance on the site or cause
anything which shall cause unnecessary disturbance or inconvenience to the public in
general and owners/tenants/occupants of adjacent properties.

CLAUSE 29: LABOUR

29.1 The contractor shall employ labour in sufficient numbers to maintain the required rate
of progress and/or qualify to ensure workmanship of the degree specified in the
contract and to the satisfaction of Engineer-in-Charge . The contractor shall not
employ in connection with the works any person who has not completed 15 years of
age.

29.2 The Contractor shall furnish and deliver fortnightly to the Engineer-in-Charge , a
distribution return of the number and description by trades of the work of people
employed on works. The Contractor shall also submit on the 4th and the 19th of every
month to the Engineer-in-Charge a true statement showing in respect of the second
half of the preceding month and the first half of current month.
i) The accidents that occurred during the said fortnight showing the circumstances
under which they happened and the extent of damage and injury caused by them
and
ii) The number of female workers who have been allowed maternity benefits as
provided in the Maternity Benefits Act 1961 or Rules made there under and the amount paid
to them.
35
29.3 The Contractor shall pay to labour employed by him directly or through sub-
contractors wages not less than wages as defined in the contract labour (regulation
and Abolition) Act 1970 with General Rules framed there under and amendments
made from time to time.
29.4 The Contractor shall in respect of labour employed by him either directly or through
sub-contractor comply with or cause to be complied with the contract labour
( Regulation and Abolition Act) 1970 and Rules framed there under in regard to all
matters provided therein.
29.5 The Contractor shall comply with the provisions of all acts , laws , any regulation or
Bye Laws any Local or other Statutory Authority applicable in relation to the
execution of the works , such as:

i) Payment of Wages , 1936(Amended)

ii) Minimum Wages Act, 1948 (Amended)
iii) The Contract Labour ( Regulation and Abolition) Act 1970 with Rules framed
thereunder or as amended.
iv) Workmen Compensation Act 1923 and amended act No 65 of 1976.
v) Employer’s liability Act 1938 (Amended)
vi) Maternity Benefit Act 1961 (Amended)
vii) The Industrial Employment (Standing Order) Act 1946 (Amended)
viii) The Industrial Disputes Act 1947 (Amended)
ix) Payment of Bonus Act 1965 and amendment act No-43 of 1977 and No-48 of
1978 and any amendment thereoff
x) The Personal Injuries (Compensation Insurance) Act 1963 and any modifications
thereof and rules made there under from time. The Contractor shall take into
account all the above said financial liabilities in his quoted rates and nothing
extra. Whatsoever , shall be payable to him on this account.
xi) Labour Clearance from Deptt. of Labour , Govt. of Sikkim will be required from
the contractor before clearing their Running Account Bill as well as final Security
Deposit. This will have to be ensured and verified by the concerned Engineer-in-
Charge.

29.6 The Contractor shall be liable to pay his contribution and the employees’
contribution to the State Insurance Scheme in respect of all labours employed by him for
the execution of the contract in accordance with the provisions of the Employees State
Insurance Act 1948 or as amended from time to time . In case the Contractor fails to
submit full details of his account of labour employed and contribution payable , the
Engineer-in-Charge shall recover from the running bills of the Contractor an amount of
contribution as assessed by him. The amount so recovered shall be adjusted against the
actual contribution payable for Employees State Insurance.

29.7 The Engineer-in-Charge shall on a report having being made by an Inspecting

Officers defined in the Contract Labour (Regulation and Abolition Act) and Rules or on
his own in his capacity as Principal Employer have the powers to deduct from the
amount due to the Contractor any sum required or estimated to be required for making
good the loss suffered by work (s) by reason of non fulfillment of the Conditions of the
contract for the benefit of workers non-payment of wages or deductions made from him
for wages which are not justified by the terms of the contract or non observance of the
said act and rules framed thereunder with amendment made from time to time.

29.8 The Contractor shall indemnify the Corporation against any payments to be made
under and for observance of the regulation. Laws, Rules as stipulated in cause 29.5 above
without prejudice to his right to claim indemnify from his sub-contractors. In the event
of the contractors failure to comply with the provisions of all the acts /laws stipulated in

36
 Clause 29.5 in the event of decree or award or order against the Contractor having been
received from competent authority on account of any default or breach or in connection
with any of the provisions of the Act/Law/Rules mentioned in Sub-Clause 29.5 above ,
the Engineer-in-Charge without any prejudice to any other right or remedy under the
Contract shall be empowered to deduct such sums or sums from the Bills of the
Contractor or from his security deposit or from other payment due under this contract or
any contract to satisfy within a reasonable time to the provisions of the various Act/Laws/
Rules/ codes as mentioned under sub clause-29.5 above on the part of the contractor
under the contract on behalf of and the expanses of the contractor and make payment
and / or provide amenities / facilities / services accordingly. In this regard the decision of
the Engineer In Charge shall be conclusive and binding on the contractor.

29.9 In the event of the Contractor committing a default or breach of any of the
provision of aforesaid Contractors Labour (Regulations and Abolition) Act and Rules as
amended from time to time or furnishing any information or submitting or filling any
Form/Register/slip under the provisions of these Regulations which is materially
incorrect, then on the report of the inspecting officer as defined in the relevant Act and
Rules as reffered in Clause 29.5 above the contractor shall without any prejudice to any
other liability pay to the Corporation a sum not exceeding Rs.50/- (Rupees fifty only)
only as liquidated damages for every default , is continuing in this respect the liquidation
damages may be enhanced to Rupees 50 per day . For each day of default subject to a
maximum of five percent of the estimated cost of the works put to tender. The Engineer
In Charge shall deduct such amount from bill or security deposit of the contractor and
credit the same to the welfare fund constituted under the regulations. The decision of
Engineer In Charge in this respect shall be final and binding.

29.10 The Contractor shall at his own expense comply with or cause to be complied
with the provisions/Rules provided for welfare and health of contract Labour in the
Contract Labour (Regulations and Abolition) Act and other relevant Acts and Rules
framed there under or any other instruction issued by Corporation in this regard for the
protection of health and for making sanitary arrangements for workers employed directly
or indirectly on the works. In case the Contractor fails to make arrangements as aforesaid
, the Engineer-in-charge shall be entitled to do so and recover the cost thereof from the
Contractor.

29.11 The Contractor shall at his own expense arrange for safety provisions as laid
down in Safety Manual of Corporation or as required by the Engineer-in-Charge , in
respect of all labour directly or indirectly employed for performance of the works and
shall provide all facilities in connection therewith . In case the contractor fails to make
arrangements and provide necessary facilities as aforesaid , the Engineer-in-Charge shall
be entitled to do so and recover the cost thereof from the Contractor. But this will not
absolve the Contractor of his responsibilities or otherwise thereof.

29.12 Failure to comply with provisions /rules made for welfare and Health of Contract
Labour’s Safety Manual or the provisions relating to report on accidents and grant of
maternity benefits to female workers and all the relevant Acts/Rules referred in clause
29.5 above shall make the contractor liable to pay to the Corporation as liquidated
damages and amount not exceeding Rs.50/- for each default or materially incorrect
statement. The decision of the Engineer-in-Charge in such matters bared on reports from
the inspecting officer defined in the relevant acts and such liquidated damages may be
death of any workman in or about the work employed by the contractor either directly
made from any amount payable to the contractor. In event of any injury , disability
through his sub contractor , contractor shall at all times indemnify and save harm less the
corporation against all claims, damages and compensation under the workman
compensation act 1923 as amended from time to time or other law for the time being in

37
 course and rules made there under from time to time and also against all costs charges
and expenses of any smooth action by proceeding arising of such accidents or injury ,
disability or death of a workmen or against all sum or sums which may with the consent
of the Contractor be paid to compromise or compound any claim in this regard. If any
award , decree or order is passed against the Contractor for recovery of any compensation
under the Workmen compensation Act 1923 , for nay injury , disability or death of a
workman by any competent court , the said sum or sums shall be deducted by the
Engineer-in-Charge from any sum then due or that may become due to the Contractor or
from his Security deposit or sale thereof in full or part under the Contract or any other
Contract with the Corporation towards fulfillment of the said decree, award or orders.

29.13 Provided always that the Contractor shall have no right or demand payments
/claims whatsoever on account of his compliance with his obligations under this clause
and labour regulation except those specifically mentioned in the clause 46 pertaining to
price adjustments/variations .

CLAUSE 30: REMOVAL OF CONTRACTOR’S MEN:

The Contractor shall employ on the execution of the work only such persons as are skilled and
experienced in their respective trades and the Engineer-in-Charge shall at liberty to object and
require the Contractor to remove from the Works any persons employed by the Contractor on
the execution of the Works who, in the opinion of the Engineer-in-Charge misconducts
himself or is incompetent or negligent in the proper performance of his duties. The Contractor
shall forthwith comply with such requisition on and such person shall not be again employed
upon the works without permission of the Engineer-in-Charge.

CLAUSE 31: MATERIAL OBTAINED FROM EXCAVATION AND TREASURE,

TROVE, FOSSILS ETC.

31.1 Materials of any kind obtained from excavation on the site shall remain the property
of the Corporation and shall be disposed off as directed by the Engineer-in-Charge.

31.2 Fossils, coins, articles of value, structures and other remains or things of Geological or
Archeological interest discovered on the site shall be the absolute property of the Corporation.
The Contractor shall take reasonable precaution to prevent his labour or any other person from
removing or damaging such article or thing and shall immediately upon the discovery thereof
and before removal acquaint the Engineer-in-Charge with such discovery and carry out the
Engineer In Charge’s directions and as of the disposal of the same at the expense of the
Corporation.

CLAUSE 32: FORCE MAJEURE:

32.1 The term FORCE MAJEURE shall herein mean riots ( other than among the
contractor’s employees ) civil Commotion to the extent not insurable , war ( whether declared
or not) , invasion , act of foreign enemies hostilities , civil war , rebellion , revolution ,
insurrection, military or usurped power ,damage from aircraft, nuclear fission , acts of GOD
such as earthquake (above 7 magnitude on Rictor Scale ), lightning , unprecedented floods,
fires not caused by contractor’s negligence and other such causes over which the contractor
has no control and are accepted as such by the Engineer-in-Charge , whose decision shall be
final and binding . In the event of either party being rendered unable by force Majeure to
perform any obligation required to be performed by them under this contract , the relative
obligation of the party effected by such Force Majeure shall be treated as suspended for the
period during which such force Majeure clause lasts , provided the party alleging that it has

38
been rendered unable as aforesaid , thereby shall notify within 10 days of the allege beginning
and ending thereof giving full particulars and satisfactory evidence in support of such clause.

32.2 On occurrence of Force Majeure the liability of either party shall be dealt with in
accordance with the provisions of sub-clause 34.2
32.3 Should there be a request for extension of time arising out of “Force Majeure” the
same shall be considered in accordance with clause 39

CLAUSE 33:LIABILITY FOR DAMAGE, DEFECTS OR IMPERFECTIONS AND

RECTIFICATIONS THEREOF.

33.1 If the Contractor or his labour or sub-contractor injure , destroy or damage road , fence,
enclosures water pipe, cables , buildings , drains , electricity or telephone posts , wires , trees,
grass line , cultivated land in the area in which they may be working or in areas contiguous to
the premises on which the work or any part of it is being executed or if any damage is caused
during progress of work the contractor shall upon receipt of a notice in writing in that behalf
from the Engineer-in-Charge , make the same good at his costs.

33.2 If it appears to the Engineer-in-Charge or his representative at any time during

construction or reconstruction or prior to the expiration of the Defects Liability period as
specified in Schedule D that any work has been executed with unsound, imperfect of unskilled
workmanship or that any materials or articles provided by the Contractor for execution of the
work are unsound or of a quality inferior to that contracted for, or otherwise not in accordance
with the contract or that any defect, shrinkage of other faults found in the work arising out of
defective or improper materials or workmanship , the contractor shall upon receipt of notice in
writing in that behalf from the Engineer-in-Charge , forthwith rectify or remove and
reconstruct the work so specified in whole or in part, as the case may be and /or remove the
materials /articles so specified and provide other proper and suitable materials at his expense.

CLAUSE 34: CONTACTOR’S LIABILITY AND INSURANCE:

34.1 From commencement to completion of the work (s) as a whole, the Contractor shall
take full responsibility for the care thereof and for taking precautions to prevent loss or
damage. He shall be liable for any damage or loss that may happen to the works or any part
thereof and to the Corporation’s plant , Equipment and materials ( hired or issued to the
Contractor) shall be in good order and condition and in conformity in every respect with the
requirements of the contract and instructions of the Engineer-in-Charge.

34.2 I ) Neither party to the contract shall be liable to the other in respect of any loss or
damage which may occur or arise out of ‘Force Majeure ‘ to the works or any part thereof or
to any material or article at site but not incorporated in the works or to any person or anything
or material whatsoever of either party provided such a loss or damage could not have been
foreseen or avoided by a prudent person and the either party shall bear losses and damages in
respect of their respective men and material. As such liability of either parties shall include
claims compensation of the third party also.

ii) Provided however in an eventuality as mentioned in sub-clause 34.2 (i) above the
following provisions shall also have effect.

a) The Contractor shall as may be directed in writing by the Engineer-in-Charge

proceed with the erection and completion of the works under and in accordance with the
provisions and conditions of the contract, and

39
b) The Contractor shall as may be directed in writing by the Engineer-in-Charge ,
ex-executive the works , loss or damage , remove from the site any debris and so much of the
works shall have been damaged and carry the Corporation T&P, Plant and Equipment
Materials etc. to the Corporation store. The cost of such re-execution of the works , removal of
damaged works and carrying of Corporation’s materials shall be ascertained in the same
manner as for deviation and this shall be added to the Contract sum.

Provided always that the Contractor shall at his own cost , repair and make
good so much of the loss or damage as has been occasioned by any failure on
his part to perform his obligations under the contract or not taking precautions
to prevent the loss or damage or minimize the amount of such loss or damage.
Final assessment of loss or damage shall be decided by the Engineer In-Charge
and his decision shall be final and binding.

34.3 The Contractor shall indemnify and keep indemnified the Corporation against
all losses and claims for death , injuries or damage to any person or any property
whatsoever which may arise out of or in consequence of the construction and
maintenance of works during the contract period and also against all claims , demand
proceedings , damages costs , charges and expenses whatsoever in respect of or in
relation thereto and such liabilities shall include claims/compensations of the third
party.

34.4a) Before commencing execution of the work the Contractor shall, without in any way
limiting his obligations and responsibilities under this condition, insure against any damage ,
loss or injury which may occur to any property excluding that of the corporation but including
the Corporation’s building rented to the Contractor wholly or in part and any part of which is
used by him ( for storing combustible materials) public liability by arising out of the carrying
out of the contract. For this purpose the Contractor shall take out, pay all costs and maintain
throughout the period of his contract, public liability with the following coverage:

i) Public liability limits for the contract more than one lacs is for bodily injury or
death Rs.1,00,000 for each one person including third party shall be paid by the department on
behalf of contractor and recovered from the contrctor from his very first bill . The policy shall
be kept alive by the Engineer In Charge till the completion of work under the contract. For
Contracts valueing less than and upto Rs one Lacs the above insurance for bodily injuries or
death shall for Rs. 50,000 only. And shall be operated in the same manner explained in the
para above.

b) The Contractor shall provide to the Engineer-in-Charge , from time to time that he
has taken out all the insurance policies referred to and has paid the necessary premiums for
keeping the policies alive till expiry of the Defects Liability Period.

c) The Contractor shall ensure that similar insurance policies are taken out by his
subcontractor( if any ) and shall be responsible for any claims or losses to the Corporation
resulting from their failure to obtain adequate insurance protection in connection thereof .
The Contractor shall produce or cause to be produced by his sub-contractor (if any) as the
case may be , the relevant policy or policies and premium receipt as when required by the
Engineer-in-Charge .

34.5 If the Contractor and or his sub contactors if any, shall fail to effect and keep in force
the insurance referred to above or any other insurance which he/they may be required to effect
under the terms of the Contract then in such case the Corporation may, without being bound to
effect , any keep in force any such insurance and pay such premium or premiums may be

40
necessary for the purpose and from time to time deduct the amount so paid by the Corporation
from any moneys due or which may become due to the contractor or recover the same as a
debt due from the Contractor.
34.6 The Contractor shall at his own expense arrange for the safety provisions as laid down
in Safety Manual of the Corporation in respect of the works covered under this contract. In
case the Contractor fails to comply with the provision of the safety manual , the Engineer-in-
Charge shall entitled to make necessary arrangements at the risk and cost of the Contactor.
This will, however, not absolve the Contractor of his overall responsibility to execute the
works under the contract.

CLAUSE 35: SUSPENSION OF WORKS:

35.1 The Contractor shall on the order of the Engineer-in-Charge suspend the progress of
the works or any part thereof such time or times and in such manner as the Engineer-in-Charge
may consider necessary and shall during such suspension properly protect and secure the work
so far as is necessary in the opinion of the Engineer-in-Charge . If such suspension is:-

a) Provided for in the Contract or

b) Necessary for the proper execution of the works or by reason of weather
conditions or by some default on the part of the Contractor. Or
c) Necessary for the safety of the works or any part thereof.
The Contractor shall not be entitled to extra cost ( if any) incurred by him
during the period of suspension of the works but in the event of any suspension
ordered by the Engineer-in-Charge for reasons other than aforementioned and
when each such period of suspension exceeds 14 days , the Contractor shall be
entitled to such extension of time for completion of the works as the Engineer-
in-Charge may consider proper having regard to the period or periods of such
suspension and to such compensation as the Engineer-in-Charge consider
reasonable in respect of salaries or wages paid by the contractor to his
employees during the period of such suspension.

35.2 If the progress of works or any part thereof is suspended on the order of the Engineer-
in-Charge for more than three months at a time the contractor may serve a written notice on
the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to
proceed with the works or that part thereof in regard to which progress is suspended and if
such permission is not granted within that time the contractor by a further written notice so
served may( but it is not bound) to elect to treat suspension where it affects part only of the
works as an omission of such part of where it affects whole of the works as an abandonment of
the contract by the Corporation.

CLAUSE 36: FORECLOSURE OF CONTRACT IN FULL OR IN PART DUE TO

ABANDONEMENT OR REDUCTION IN SCOPE OF WORK

36.1 If at any time after the acceptance of the tender the Corporation decides to abandon
or reduce the scope of work for reason whatsoever and hence does not require the whole or
any part of the works to be carried out the Engineer-in-Charge shall give notice in writing to
that effect to the Contractor and the contractor shall have no claim to any payment of
compensation or otherwise whatsoever, on account of profit or advantage which he might have
derived from the execution of the works in full but which he could not derive in consequence
of the fore-closure of the whole or part of the works. The Contractor shall be paid at contract
rates , for full amount of the works executed at site and in addition, a reasonable amount as
certified by the Engineer-in-Charge for the items hereunder mentioned which could not be
utilized on the work to the full extent because of the foreclosure :

41
 A ) Any expenditure incurred on preliminary works e.g temporary access roads ,
temporary labour huts, staff quarters and the site office , storage accommodation and water
storage tanks.

B) I) The Corporation shall have the option to take over Contractor’s materials or any part
thereof either brought to site or of which the contractor is legally bound to accept delivery
from the suppliers ( for incorporation in or incidental to the works), provided ,however ,
the Corporation shall be bound to take over the materials or such portions thereof as the
Contractor does not desire to retain. The cost shall , however , take into account purchase
price , cost of transportation and deterioration or damage which may have been caused to
the materials whilst in the custody of the Contractor.

ii) For Contractor’s material not retained by the Corporation , reasonable cost of
transporting such materials from Site to Contractor’s permanent stores or his works ,
whichever is nearer. If the materials are nor transported to either of the places , no cost of
transportation should be payable.

c) If any materials supplied by the Corporation as rendered surplus, the same except
normal wastage shall be returned by the Contractor to the Corporation at rates not
exceeding those at which these were originally issued less allowance for any deterioration
or damage which may have been caused whilst the materials were in custody of the
Contractor.

d) Reasonable compensation for transfer of T&P from site to Contractor’s permanent

stores or to his other works whichever is nearer. If T&P are not transported to either
of the said places, no cost of transportation shall be payable.

36.2 The Contractor shall, if required the Engineer-in-Charge , furnish to him books of
account , wage books , time sheets other relevant documents as may be necessary to enable
him to certify the reasonable amount payable under this condition.

CLAUSE 37: TERMINATION OF CONTRACT DEATH:

If the contractor is an individual or a proprietary concern and the individual or the proprietor
dies, or if the Contractor is a partnership concern and one of the partners dies, then, unless the
Engineer-in-Charge is satisfied that the legal representative of the individual contractor or of
the proprietor of the proprietary concern and in the case of partnership, the surviving partners
are capable of carrying out and completing the contract the Engineer-in-Charge shall be
entitled to terminate the Contract as to its uncompleted part without the Corporation being in
any way liable to payment of any compensation whatsoever on any account to the estate of the
decreased Contractor and/or to the surviving partners of the Contractor’s firm on account of
termination of the contract. The decision of the Engineer-in-Charge that the legal
representative of the decreased contractor or the surviving partners of the Contractor’s firm
cannot carry out and complete the works under the contract shall be final and binding on the
parties. In the event of such termination , the Corporation shall not hold the estate of the
decreased Contractor and/or the surviving partners of the contractor’s firm liable for damages
for not completing the contract. Provided that the power of the Engineer-in-Charge of such
termination of contract shall be without prejudice to nay other right or remedy which shall
have accrued or shall accrue to him under the contract.

CLAUSE 38: DEFAULT BY THE CONTRACTOR AND TERMINATION OF

CONTRACT IN FULL OR IN PART.

38.1 If the contractor :

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i) Commits default in complying with or commits breach of any of the terms and
conditions of the contract and does not remedy it or take effective steps to remedy it
immediately and not later than 10 days in any case after a notice in writing is given to him in
that behalf by the Engineer-in-Charge or

ii) fails to complete the work(s) or any item of work(s) within the time specified in
Schedule C or any extended time under the contract and does not complete the work(s) or any
item of work(s) within the period specified in a notice given in writing in that behalf by the
Engineer-in-Charge.or

iii) Shall offer or give to any person in Corporation’s service or to any other person on
his behalf any gift or consideration of any kind as an inducement or reward for doing or fore-
bearing to do or for having done or forborne to do any act in relation to the obtaining or
execution of this or any other contract for the Corporation.or

iv) Shall enter into a contract with the Corporation in consultation with which
commission has been paid or agreed to be paid by him or to his knowledge unless the
particulars of such commission and the terms of payments thereof have previously been
disclosed in writing to Engineer-in-Charge or

v) Shall obtain a Contract with the Corporation as a result or ring tendering or other
non-bonafide methods of competitive or

vi) Being an individual, or if a firm any partner thereof, shall at any time be adjusted
insolvent or have a receiving order or order for administration of his estate made against him
or shall take any proceedings for liquidation for the purpose of amalgamation or
reconstruction under any insolvency Act for the time being in force or make any conveyance
or assignment of his effective or composition or arrangement for the benefit of his creditors or
purport as to do so , or if any application be made under any insolvency Act for the time being
in force for the sequestration of his estate or if a trust deed to be exearted by him for the
benefit of his creditors, or

vii) Being a company shall pass a resolution or the court shall mark an order for the
liquidation of its affairs or a receiver or manager on behalf of the debenture holders shall be
appointed or circumstances shall arise which entitle the court or debenture holders to appoint a
receiver or manager., or

viii) Shall suffer an execution in an execution being lived on his goods.or

ix) Assigns , transfer , sublets ( engagement of labour on a piece work bases of labour
with no materials being incorporated in the work shall not be deemed to be subletting) or
attemepts to assign , transfer or sublet the entire works or any portion thereof without the prior
written approval of the Engineer-in-Charge.

The Engineer-in-Charge shall have powers to terminate the contract in full or in

part as aforesaid without prejudice to any other right or remedy which shall have
accrued or shall accrue of which cancellation notice in written to the Contractor
under the hand of the Engineer-in-Charge shall be conclusive evidence.

38.2 The Engineer-in-Charge shall on such termination of the contract have power(i) to
take possession of the site of work under the contract as well land/premises allotted to
the contractor for his preliminary enabling and Ancillary works and (ii) also any
materials , constructional plant , equipment , implements, stores , structures etc.
thereon. The Engineer-in-Charge shall also have powers to carry out the incomplete

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 work by any means or through any other agency or by himself at the risk and cost of
the contractor. In such a case , the value of the work done through such agencies shall
be credited to the Contractor at his contract price and the contractor shall pay the
excess amount, if any incurred in completion of the work as aforesaid, as stipulated
under the sub-clause 38.4 here under.

38.3 On termination of the Contract in full or in part , the Engineer-in-Charge may direct
that a part or whole of such plant, equipment and matertials , structures be removed
from the site of the work as well from the land /premises allotted to the contractor for
his preliminary , enabling and ancillary works within a stipulated period. If the
contractor shall fail to do so within the period specified in a notice in writing by the
Engineer-in-Charge , the Engineer-in-Charge may cause them to be sold , holding the
net proceeds of such sale to the credit of the contractor , which shall be released after
completion of works and settlements of amounts under the contract.

38.4 If the expenses incurred or be incurred by the Corporation for carrying out and
completing the in complete work or part of the same , as certified by the Engineer-in-
Charge are in excess of the value of the work credited/to be credited to the
contractor , the difference shall be paid by the contractor to the Corporation. If the
contractor fails to pay such an amount as aforesaid, within thirty days of receipt of
notice in writing from the Engineer-in-Charge shall be empowered to recover such
amount from any sums due to the contractor on any contract or from his security
deposit or otherwise.

38.5 Also, the Engineer-in-Charge shall have the right to sell any or all of the contractor’s
unused materials constructional plant, equipment, implements, temporary buildings /
structures etc. and apply the proceed of sale thereof towards the satisfaction of any
sums due from the contractor under the contract and if thereafter there may be any
balance outstanding from the contractor , the Engineer-in-Charge shall have powers
to recover the same in accordance with the provisions of the Contract.

38.6 All decisions/sanctions of the Engineer-in-Charge under the clause, as aforesaid ,

shall be conclusive and binding on the contractor.

CLAUSE 39 : COMPLETION TIME AND EXTENSIONS:

39.1 Time allowed for execution of the work as specified in Schedule D or the extended
time, if any, in accordance with these conditions shall be essence of the contract.

39.2 However if the work is delayed on account of :

i) Increase in the quantity of work to be done under the contract as per
clause 18 , or
ii) Suspension of works as per clause 35, or
iii) Rebuilding of works as per clause 34 , or
iv) Force Majeure, or
v) Any other cause which, in absolute discretion of the Engineer-in-Charge
is beyond the contractor’s control then immediately upon the happening
of any such event as aforesaid , the contractor shall inform the Engineer-
in-Charge accordingly , but the contractor shall nevertheless use
constantly his best endeavors to prevent and/or make good the delay and
shall do all that may be required in this regard. The Contractor shall also
request, in writing, for extension of time , to which he may consider
himself eligible under the contract, within fourteen days of the date of
happening of any such events as indicated above.

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39.3 In any such case, as may have arisen due to any of the events as aforesaid , and which
may have been brought out by the contractor in writing, the Engineer-in-Charge may
give a fair and reasonable extension of time after taking into consideration the nature
of work delayed and practicability of its execution during the period of extension.
Provided in the event of non-receipt of a request for such extensions from the
contractor for reasons whatsoever the Engineer-in-Charge may, at his sole discretion
and with due regard to the event , grant fair and reasonable extension of the
suemotto.

Such extension , if admissible, shall be communicated to the Contractor by the

Engineer-in-Charge in writing within one month of the date of receipt of such request or
within one month of the occurrence of the extent , but in case before expiry of the contract
period.

CLAUSE 40: COMPENSATION FOR DELAY:

40.1 If the contractor fails to complete all items of work(s) in respect of any of the
sub-group/group and /or work as a whole, as the case may be and as specified in
Schedule C before the expiry of the period(s) of completion as stipulated in the
aforesaid Schedule , or any extended period ( not due to the fault of the
contractor) as may be allowed , he shall without prejudice to any other right or
remedy of the Corporation on account of such default , pay as an ascertained
/agreed compensation not by way of penalty, such amount as stipulated in the
aforesaid Schedule C.

40.2 Should however the contractor achieve the completion of the entire works as a
whole under the contract within the time as stipulated in Schedule D in the
extended time (not due to reasons of default on the part of the contractor) as may
be accorded, the Corporation will refund to him the amount of compensation
recovered from him, if any, in respect of delay in the non-completion of work(s)
under the individual group/sub-group , as aforesaid in full . In this regard the
decision of the Engineer-in Charge shall be final and binding.

40.3 The amount of compensation may be adjusted/deducted or set off against any sum
due or payable to the contractor under this or any other contract with the Corporation.

CLAUSE 41 : INSPECTION AND APPROVAL

41.1 All works embracing more than one process shall be subject to examination and
approval at each stage thereof and the Contractor shall give due notice to the Engineer-
in-Charge or his authorized representative, when each stage is ready. In default of such
notice the Engineer-In-charge shall be entitled to appraise the quality and extent thereof
and the decision of the Engineer-in-charge in this regard shall be final and binding.

41.2 No work shall be covered or put out of view without the approval of the Engineer-in-
charge or his authorized representative and the Contractor shall afford opportunity for
examination of foundations before permanent work is placed thereon. The Contractor
shall give due notice to the Engineer-in-charge or his authorized representative.
Whenever any such work or foundation is ready for examination and the Engineer-in-
charge or his representative shall, without unreasonable delay, unless he considers it
unnecessary and advises the Contractor accordingly, examine and measure such work
of such foundations. In the event of the failure of the contractor to given such notice he
shall if required by the Engineer-in-charge, uncover such work at the Contractor’s
expense.

45
41.3 The Engineer-in-charge or his representative shall have powers at any time to inspect
and examine any part of the works and the contractor shall give such facilities as may
be required or such inspection and examination.

41.4 The Contractor shall uncover any part of the works and/or make opening in or through
the same as the Engineer-in-charge may from time to time direct for his verification and
shall reinstate and make good such part to the satisfaction of Engineer-in-charge if any
such part has been covered up or put out of view after being approved by the Engineer
In Charge and is subsequently found, or uncovering, to be executed in accordance with
the contract, the expenses of uncovering and/or making opening in or through
reinstating and making good the same, shall be borne by the Corporation. In any other
causes all such expenses shall be borne by the contractor.
CLAUSE 42 : COMPLETION CERTIFICATE

42.1 The work shall be completed to the entire satisfaction of the Engineer-in-charge and in
accordance with the time mentioned in Schedule ‘D’ and terms and conditions
mentioned in clause 39. As soon as the work under the contract is completed as a
whole, the contractor shall give notice of such completion to the Engineer-in-charge.
The Engineer-in-charge, within thirty days of receipt of such notice, shall inspect the
work and shall satisfy himself that the work(s) has been completed in accordance with
the provision of the contract and then issue to the Contractor a certificate of completion
indicating the date of completion. Should the Engineer-in-charge notice that there are
defects in the works or the works are not considered to be completed, he shall issue a
notice in writing to the Contractor to rectify/replace the defective work or any part
thereof or complete the work, as the case may be, within such time as may be notified
and after the contractor has complied with as aforesaid and gives notice of completion,
the Engineer-in-charge shall inspect the work and issue the completion certificate in the
same manner as aforesaid.

42.2 No certificate of completion shall be issued as stipulated under 42.1 above nor work be
considered to be completed unless the contract shall have removed form the work site
and/or premises all his belongings/temporary arrangement brought/made by him for the
purpose of execution of the work and clean the site and/or premises in all respects and
made the whole of the site and/or premises fit for immediate occupation/use to the
satisfaction of the Engineer-in-charge. If the contractor fails to comply with the above
mentioned requirement on or before the date of completion of the work, the Engineer-
in-charge, may as he thinks fit and at the risk and cost of the contractor, fulfill such
requirements and removed/depose of the contractor’s belongings/temporary
arrangements, as aforesaid and the contractor shall have no claim in this respect for any
sum realized by the sale of contractor’s belongings/temporary arrangements less the
cost of fulfilling the said requirements and any other amount that may be due from the
contractor. Should the expenditure on the aforesaid account exceed the amount realize
by the sale of such contractor’s belongings/temporary arrangements then the contractor
shall on demand, pay the amount that may be due from such excess expenditure.

CLAUSE 43 : DEFECTS LIABILITY PERIOD

The contractor shall be responsible to make good and remedy, at this cost, within
such period as may be stipulated by the Engineer-in-charge, any defects which may
develop or may be noticed before the expiry of the period mentioned in Schedule ‘D’
from the certified date of completion of the entire work (including and comprising of
all the group/sub-groups of works, if any) covered under the contract.

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CLAUSE 44 : MEASUREMENTS

44.1 The Engineer-in-charge shall except as otherwise stated ascertain and determine by
measurement, the value of work done in accordance with the contract.

44.2 Notwithstanding any provision in the relevant standard method of measurement or any
general or local custom, measurement of work done under the contract shall be taken in
accordance with the procedures set forth in the Technical Specifications or Schedule of
Quantities under the contract. In the case of items of work which are not covered in the
Technical Specification or Schedule of Quantities measurement shall be taken in
accordance with the relevant standard methods of measurement laid down by the Indian
Standard Institution.

44.3 All items having a financial value shall be entered in measurement book, level etc.
prescribed by the Corporation so that completed record is maintained for all work
performed under the contract.

44.4 Measurement shall be taken jointly by the Engineer-in-charge or his authorized

representative and by the Contractor or his authorized representative.

44.5 Before taking measurements of any works, the Engineer-in-charge or representative

deputed by him for the purpose, shall given a reasonable notice to the contractor. If the
contractor fails to attend or send an authorized representative for measurement after
such a notice or fails to countersign or to record the objection within a week from the
date of taking the measurements, then in that event the measurement is taken by the
Engineer-in-Charge shall be taken to be correct and final measurements of such work.

44.6 The contractor shall without extra charge, provide assistance with every appliances,
labour and other thing necessary for measurement.

44.7 Measurement shall be singed and dated by both parties each day on the site on
completion of measurement. If the contractor objects to any of the measurement
recorded by the representative of the Engineer-in-charge a note to that effect shall be
made in the measurement book against the item objected to and such note shall be
signed and dated by both parties engaged in taking the measurement. The decision of
the Engineer-in-charge on any such dispute or difference or interpretation shall be final
and binding on the contractor in respect of all correct items, substituted, items, extra
items and deviations.

CLAUSE 45 : PAYMENT ON ACCOUNT

45.1 Interim bill shall be submitted by the Contractor monthly on or before the date fixed by
the Engineer-in-Charge for the work executed. Engineer-in-charge shall then arrange to
have the bills verified with reference to the measurements recorded in the measurement
books(s).

45.2 Payment on account for amount admissible shall be made on the Engineer-in-Charge
certifying the sum to which the contractor is considered entitled by way of interim
payment for the work executed, after deducting there from the amounts already paid the
security deposit and such other amounts as may be with held/deductable or recoverable
in terms of the contract.

45.3 Payment of the contractor’s bill be made by the Corporation within 21 days from the
date of submission of the bills subject to the acceptance of the Engineer-in-charge.

47
45.4 Payments due to contractor shall be made by crossed cheque by the Engineer-in-charge
or his authorized representative. Such cheques shall be issued directly to the contractor
or furnishing a stamped receipt for the amount of the cheque or to his constituted
attorney duly authorized to receive such payments from the Engineer-in-charge.
45.5 Any interim certificates given relating to work done or materials delivered may be
modified or corrected by any subsequent interim certificate or by the final certificate.
No certificate(s) of the Engineer-in-charge supporting as interim payment shall itself be
conclusive evidence that any work or materials to which it relates is/are in accordance
with the contract.

45.6 Should there be a request for extension of date of completion pending its consideration
interim payments shall continue to be made as provided herein.

CLAUSE 47 : TAXES, DUTIES AND LEVEIES ETC.

47.1 All existing Sales Tax or any other Tax or duty or levy, such as Octori, Dharat,
Royalty, Terminal Tax on all materials, including Petrol, Oil and lubricants and
increase if any; on these during the currency of the contract that contractor has to
purchase for the performance of the contract, shall be payable by the contractor and
the Corporation will not entertain any claim for compensation whatsoever, in this
regard. The rates quoted by the contractor shall be deemed to be inclusive all such
taxes duties levies etc. and any increase thereon.

47.1.1 Sikkim. Sales Tax @ 2% on contract value shall be deducted from the contractor’s
bill. Contractor has to furnish relevant registration number of Sikkim Sales Tax
along with the Tender.

47.2 However, if a new Tax or Duty or Levy (other than that existing on the date of
opening of the tender) is imposed under a statute or law during the currency of the
contract and the contractor becomes liable to and actually pays the same for
obtaining materials required for bonafide use on the works contracted, then the
contractor shall immediately inform the Engineer-in-Charge in this regard. The
Corporation will reimburse the same to the contractor on production of satisfactory
proof of payment, provided that the amount thus claimed is not paid under price
variation clause in the contract.

47.3 Sales Tax on works contract payable and actually paid by the contractor will be
reimbursed by the Corporation on production of satisfactory proof of payment by the
contractor provided such tax is payable and paid in addition to the sale tax on
goods/materials payable /paid by the contractor.

CLAUSE 48 : PAYMENT OF FINAL BILL

The final bill shall be submitted by the contract within one month of the date fixed
for completion of the work or of the date the certificate of completion furnished by
the Engineer-in-Charge. No further claim in this regard unless as specified herein
under shall be entertained. Payment shall be made within three months if the amount
of the contract plus that of the additional items is up to Rs. 2 lakhs and in 6 months, in
the same exceeds Rs. 2 lakhs of the submission of such bill. If there shall be any
dispute about any item or items of the work then undisputed item or items only shall
be paid within the said period of three months or six months as the case may be. The
contractor shall submit a list of the disputed items within thirty days from the
disallowance thereof and if he fails to do so, his claim shall be deemed to have been
fully waived and absolutely extinguished.

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CLAUSE 49 : OVER PAYMENTS AND UNDER PYAMENTS

49.1 Whenever any claim whatsoever for the payment of a sum of money to the
Corporation arises out under this contract against the contractor, the same may be
deducted by the Corporation from any sum then due or which at any time thereafter
may become due to the contractor under this contract and failing that under any other
contract with the Corporation or from any other sum whatsoever due to the contractor
from the Corporation or from his security deposit, or he shall pay the claim on
demand.
49.2 The Corporation reserves the right to carryout post payment audit and technical
examination of the final bill including all supporting vouchers, Abstrcats etc. The
Corporation further reserves the right to enforce recovery of any overpayment when
detected, notwithstanding the fact that the amount of the final bill may be included
by one of the parties as an item of dispute before an arbitrator appointed under clause
55 of this contract and notwithstanding the fact that the amount of the final bill
figures in the arbitration award.
49.3 If as a result of such audit and technical examination any overpayment is discovered
in respect of any work done by the contractor or alleged to have been done by him
under the contract, it shall be recovered by the Corporation from the Contractor by
any or all of the methods prescribed above, and if any under payment is discovered,
the amount shall be duly paid to the contractor by the Corporation.
49.4 Provided that the aforesaid right of the Corporation to adjust overpayments against
amounts due to the contractor under any other contract with the Corporation shall not
extend beyond the period of two years from the date of payment of the final bill or in
case the bill, from the date the amount payable by the contractor under the MINUS
Final bill is communicated to the Contractor.
49.5 Any sum of money due and payable to the contractor (including the security deposits
returnable to him) under the contract may be withheld or retained by way of item by
the Engineer-in-Charge, or Corporation against any claim of the Corporation or such
other person or persons in respect of payment of a sum of money arising out of under
any other contract made by the contractor will the Engineer-in-charge or Corporation
or with such other person or persons.
The sum of money so withheld or retained under this clause by the Engineer-in-
charge or Corporation will be kept with held or retained as such by the Engineer-in-
charge or Corporation or till his claim arising out of in the same contract or in any
other contract is either mutually settled or determined by the arbitrator, if the contract
is governed by the arbitration clause under the cause 55 or by the complement court
hereinafter provided, as the case may be , and the contractor shall have no claim for
interest or damages whatsoever on this account or any other ground in respect of any
sum of money withheld or retained under this clause.

CLAUSE 50 : TRAINING OF APPRENTICES

The contractor shall, during the currency of the contract, engage and also ensure engagement
by his sub contractor and other employed by the contractor in connection with the works,
such number of apprentices and in such categories for such periods as may be require under
the Apprenticeship Act, 1961 and he shall be responsible for all obligations of the Employer
under the aforesaid Act. Including the liability to make payment to Apprentices as required
under the Act.

CLAUSE 51 : CONTRACT MATTERS TO BE TREATED AS CONFIDENTIAL

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51.1 All documents, correspondence, decisions and order concerning the contract shall be
considered as confidential and/or restricted in nature by the contractor and he shall
not divulge or allow access to them by any unauthorized person.
51.2 The contractor shall take necessary steps to ensure that all persons employed on any
work in connection with the contract have noted that the Indian official Secrets Act
1923 (XIX of 1923) applies to them and shall continue to apply even after the
execution of such works under the contract.

CLAUSE 52 : LAWS GOVERNING THE CONTRACT

Unless otherwise hereinafter provided, this contract shall be governed by the Indian Laws for
the time being in force.

CALUSE 53 : FINALITY CLAUSE

It shall be accepted as an inseparable part of the contract that in matters regarding materials,
workmanship, removal of improper work, interpretation of the contract drawings and
contract specifications, mode of procedure and the carrying out of the works as stipulated in
the clause no. 7,8,9,10,13,17,18,21,23,24,29,32,34,37,38,40,41 & 44 the decision of the
Engineer-in-Charge, which shall be given in writing, shall be final and binding on the
contractor.

CLAUSE 54 : SUB PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED

AS REASONABLE WITHOUT REFERENCE ACTUAL LOSS

All sumps payable by way of compensation to the Corporation under any of these conditions
shall be considered as reasonable compensation without reference to the actual loss or
damage sustained and whether or not damage shall have been sustained.

CLAUSE 55 : ARBITRATION

55.1 Except as otherwise provided, in clause 53 herein before, all questions disputed or
differences in respect of which the decision has not been final and conclusive, arising
between the contractor and the Corporation in relation to or in connection with the
contract shall be referred for arbitration in the manner provided as under to the sole
arbitrator appointed as follows:-

(i) either of the parties may be give to the other notice in writing of the existence of
such question dispute or difference.
(ii) Within thirty (30)days of receipt of such notice from either party the Chief
Engineer/Engineer-in-Charge of work at the time of such dispute shall send to
the contractor panel of three person and thereafter the contractor within fifteen
(15) days of receipt of such panel communicate to the Chief Engineer the name
of one of the person, from such panel and such person shall then be appointed
sole arbitrator by the Chief Engineer.
(iii) Provided that if the contractor fails to communicate selection of the name out of
the panel so forwarded to him by the Chief Engineer then after the expiry of the
aforesaid stipulated period the Chief Engineer shall without delay select one
person from the aforesaid panel and appoint him as the sole Arbitrator.

55.2 The Arbitrator to whom the matter is originally referred being transferred or vacating
his office of being unable to act for any reason, then the Chief Engineer shall appoint
another person to act as Sole Arbitrator. Such person shall be entitled to proceed with
the reference from the state of which it was left by the predecessor.

50
55.3 The award of the Arbitrator shall be final and bending. The Arbitrator shall decide in
what proportion the Arbitrator’s fees, as well cost of Arbitration proceeding shall be
borne by either party.
55.4 The Arbitrator with the consent of the parties can enlarge the time, from time to time, to
make and publish his award.
55.5 A notice of the existence in question, dispute or difference in connection with the
contract, unless served by either party within 30 days of the expiry of the defects
Liability period failing which all rights and claim under this contract shall be deemed to
have been waived and thus forfeited and absolutely barred.
55.6 Where the amount of the claim is Rs. 1,00,000 (rupees one lac only) and above, the
arbitrator shall give reasons for the award.
55.7 The work under this contract shall continue during Arbitration proceedings and on
payments due from or payment by the Corporation shall be withheld on account of such
proceeding except to the extent which may be in dispute.
55.8 Subject to aforesaid modifications, Arbitration Act 1940, or any statutory modification
or re-enactment thereof and the rules made thereunder and for time being in force shall
apply to the Arbitration proceeding under this clause.
NOTE :

In case of contract with another Public Sector Undertaking Govt. Deptt. the clause 55.1 to
55.8 shall stand deleted and the following Arbitration Clause shall apply:

55.1 Except as other wise provided in clause 53 herein before all question disputes or
difference in respect of which the decision has not been final and conclusive, arising
between the contractor and the Corporation in relation to or in connection with the contract
shall be referred to arbitrator in the manner provided as under. In the event of any dispute or
difference relating to the interpretation and application of the provisions of the contracts,
such dispute or difference shall be referred by either party to the Arbitrator of one of the
Arbitrators in the Department of Public Enterprises to be nominated by the secretary to the
Government of India in charge of the Bureau of Public Enterprise. The Arbitration Act 1940
shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall
be binding upon the parties to the dispute, provided however, any party aggrieved by such
award may make a further reference for setting aside or revision of the award of the Law
Secretary, Department of Legal Affairs Ministry of Law & Justice Government of India.
Upon such reference the dispute shall be decided by the Law Secretary or the special
Secretary/Additional Secretary when so authorized by the Law Secretary whose decision
shall bind the parties finally and conclusively. The parties to the dispute will share equally
the cost of arbitration as intimated by the Arbitrator.

55.2 A notice in writing of the existence of question, dispute or difference in relation to or in

connection with the contract shall be served by either party within 90 days of the first
occupancy of any event upon which the said question dispute or difference is based, failing
which all rights and claims of the parties under this contract in relation to or in connection
with such question dispute or difference shall be deemed to have been waived off and thus,
forfeited and absolutely barred. The decision of the Engineer-in-charge with regard to the
first occurrence of such event for the purpose of reckoning the period of limitation shall be
final and binding.

55.3 The Arbitrator shall make a speaking award.

55.4 The work under the Contract shall continue during Arbitration proceedings and no
payments due from or payment by the Corporation shall be withheld on account of
such proceedings except to the extent which may be in dispute.

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