Construction of Furniture Work of Dinning Hall at.Ujani Balaram, Palanpur Range Dist : Banaskantha

5 Estimated cost of work in RS.

6 Registration class D and above

Demand Draft of Tender fee from any nationalized bank will 1500/-

7 be in favors of “Deputy Conservator of Forest, Banaskantha

FDR of E.M.D from any nationalize bank/Schedule bank will

8 be in favors of “Deputy Conservator of Forest, Wild Life

Division,Banaskantha - Palanpur

Deputy Conservator of Forest,

Banaskantha Wild Life Division,

Sonariyo Bungalow Palanpur.385001

10. GST Qગેની ઉપરાંત બાંધકામ લગત સરકારSીની તમામ જોગવાઈઓ લાNુ પડશે અને બંધનકતા, રહશે.

12. Vબલની રકમમાંથી કપાતપા2 બનતી હશે. તે GST,TDS તથા અય જWુર વેરાની રકમ Vબલમાંથી કપાત કરવામાં

રકમ સીુરટ ડપોઝીટ તરક તેટલી રકમનો બાદમાં બક FDR રFુ કરવાનો રહશે.

28. એલ ૧ થયેલ એજસીને રFુ કર લ EMD અને િસુરટ ડપોઝીટ સને-૨૦૨૬ ના ચોમાgુ 9ુણ, થયા બાદ પરત

, ાહ હાથ ધરવામાં આવશે.તે પહલા રFુ કર લ EMD અને િસુરટ ડપોઝીટ પરત કરવામાં આવશે

29. બીડમાં ભાગ લેનાર એલ.૧ િસવાયની તમામ એજસીએ રFુ કર લ EMD અને િસુરટ ડપોઝીટ એલ.૧ ને વક,

Name and Signature of Bidder.

DOCUMENTS FOR THE WORKS

Dy. Conservator of Forest TENDER PAPERS

MEMORANDUM OF WORK IN BRIEF

Construction of Furniture Work of Dinning Hall

1 Name of Work at.Ujani Balaram, Palanpur Range

2 Estimated Cost

3 Earnest Money (3%)

15 Days from the stipulated date of receiving of

the tender but not more modifications shall be

4 Validity Period

allowed after handling over tender to postal

Security Deposit in form D.D in favor of

5 Deputy Conservator of Forest, Banaskantha

Wildlife Division,Palanpur (5%)

To be completed till Date: The work must be

Time allowed for completion of the work

6 completed within 60 days from the date of

from the written order to commence

7 Other details

Date on or before which the tender must be

submitted Online

Mode of sending the tender fee, EMD and In sealed cover by registered post/ speed post

other documents and by hand to hand only

Description essential to be made on sealed

(III) Name of work

Last date of Receiving the tender

(IV) Mode of quoting rate in Schedule ‘B’

In figures as well as inwords.

1. DATA SHEET FOR B-1 E-TENDERING

2. NOTICE INVITING TENDERS

3. ADDITIONAL INSTRUCTIONS TO PERSONS TENDERING

4. DECLARATION FORM

5. DECLARATION CERTIFICATE

6. GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS

7. TENDER FOR WORK

9. TERMS & CONDITIONS OF CONTRACT

Clause 1 Security deposit

Clause 2 Liquidated damages for delay

Clause 3 Default by contractor

Clause 4 Action when the progress of any particular portion of the work is unsatisfactory

Clause 5 Non exercise of powers under clause 3 not a waiver

Clause 5-A Powers to seize tools, plants, machineries, materials and stores of the contractor

on invocation of clause

Clause 6 Extension of Time limit

Clause 7 Final Measurements and Final bill on completion of work

Clause 8 Intermediate and Final payments

Clause 9 Payment at reduced rates

Clause 10 Bills to be submitted monthly

Clause 11 Bills and rates payable

Clause 12 Materials to be supplied by the Department

Clause 12-A Consumption and return of materials supplied by the Department

Clause 12-B Safe custody of materials supplied by the Department

Clause 13 Drawings, Designs, Instructions of the RFO-in-charge and specifications, order of

precedence in case of discrepancies

Clause 14 Excess over Tender Quantities, Extra Items and Variations

Clause 15 No claim to any payment or compensation for alterations or for restrictions of work

Clause 15-A No claim for delay in supply of materials by the Government

Clause 16 Claims under the contract

Clause 17 Remedies for inferior or bad work, material or workmanship and maintenance clause

Clause 17 -A Defect liability clause

Clause 18 Work to be open for inspection-Contractor's responsible agent to be present

Clause 19 Notice to be given before work is covered up

Clause 20 Damage to contract work-in-progress and damages to surrounding properties

Clause 20- Damages due to acts of God and unprecedented floods

Clause 21 Contractor to supply plant, ladders, scaffolding etc. and is liable for damage arising from

non provision of lights, fencing etc.

Clause 21- Regulations for scaffolds, working platforms, gangways and stairways

Clause 21-B Regulations for hoisting appliances

Clause 22 Measures for prevention of fire

Clause 23 Liabilities to contractors for any damages done in or outside work

Clause 24 Deleted

Clause 25 Deleted

Clause 26 Work not to be sublet, consequences for unauthorized subletting, bringing and

becoming insolvent.

Clause 27 Sums payable by way of compensation to be considered as reasonable

compensation without reference to actual loss

Clause 28 Changes in the constitution of firm to be notified

Clause 29 Works to be under directions of Superintending RFO

Clause 30 Settlement of Disputes and Arbitration

Clause 31 Deleted

Clause 32 Lump sums in estimates

Clause 33 Action where no specifications

Clause 34 Definitions of work

Clause 35 Contractors percentage whether applied to net or gross amount of the bill.

Clause 36 Royalties

Clause 37 Compensation under the Workmen's Compensation Act

Clause 37-A Liability of the contractor in case of accidents

Clause 37-B Arrangements for personal safety requirements and first aid

Clause 38 Quantities in the tender to be considered approximate and they are subject to variations

Clause 39 Employment of famine or other labour

Clause 40 Claim for compensation for delay in starting the work

Clause 41 Claim for compensation for delay in the execution of work

Clause 42 Entering upon or commencing any portion of work

Clause 43 Minimum age of persons employed

Clause 43(i)(a) The payment of fair wages etc

Clause 44 Method of payment

Clause 44A set off clause

Clause 45 Deleted

Clause 46 Employment of Scarcity labour

Clause 47 Deleted

Clause 48 Rates inclusive of Sales Tax

Clause 49 Employment through Employment Exchange and local labour

Clause 50 Fair wages

Clause 51 Deleted

Clause 52 List of Machinery

Clause 53 Liabilities of contractor for idleness of Road Rollers deployed by the Department on

Clause 54 Local labour on normal rates

Clause 55 Land on Hire and rental charges

Clause 56 Vaccination to labour

Clause 57 Camp facilities to workers

Clause 58 Gum boots, hand gloves, masks etc., to labourers

Clause 59 No distinction between Harijans and other workers

Clause 60 Price Escalation clause

Clause 61 Fencing and Lighting

Clause 62 Liabilities for accidents to persons

Clause 63 Access to site and work on site

Clause 64 Reports Regarding Labour.

Clause 65 Treasure trove

Clause 66 Indemnity

Clause 67 Insurance of labour

Clause 68 Setting out

Clause 69 Cement Register

Clause 70 Materials and work Test Register

Clause 71 Progress Schedule

Clause 72 Secured Advance

Clause 73 Advance Payment

Clause 74 Advance against machineries

Clause 75 Mobilization Advance

Clause 76 License for contract labour

Clause 77 Recovery of Testing charges and handing over empty cement bags

Clause 78 Recovery of sales tax

Clause 79 Recovery of Workers Welfare Cess..........

Annexure -1 Declaration regarding Income Tax , Addresses etc.

Annexure-2 Basic rates considered by the contractor

Annexure-3 Performance bond

Annexure-4 List of work already completed by the tender

Annexure-5 List of plant and Machinery

Annexure-6 Declaration regarding works on hand

Schedule ‘A’ Materials to be supplied from P.W. Store

Schedule 'B' Memorandum showing items of work to be carried out

Schedule 'C' Time Schedule of completion

1. DATA SHEET for B-1 E-Tendering

(A) Details of Tender Item :-

Sr. Estimated EMD Tender fee Total Security Period for

No. Tender (Rs.) in Rs. Deposit @5% Completion

Value (Rs. of Work

1 Construction of Furniture 7,55,640 23,000 1500 38,000 The work

Work of Dinning Hall at.Ujani must be

Balaram, Palanpur Range completed

(B) Eligibility: Registered in “D Class and Above.

(C) Schedule for e-tendering is fixed as under:

Dowloading of tender documents Start & End From Date: 11/02/2026 Upto Date: 25/02/2026 till 18:00

(ii) Online submission of bid Upto Date : 25/02/2026 Till 18:00 hrs

Upto Date : 26/02/2026 Till 18:00 hrs, By R.P.A.D./ Speed

(iii) Submission of EMD, Tender fee

(iv) Online Opening of Bid Upto Date : 27/02/2026 Till 12:00 hrs

Office Of the Deputy Conservator of Forest,Banaskantha

wildlife division, Palanpur, Dairy Road, Palanpur.

(vi) Bid Validity period 60 Days from the end date of Downloading Bids.

• Bidders can download the tender documents free of cost from the website

https://tender.nprocure.com

• Bidders have to submit bid in Electronic format only on above mentioned website till the date &

time shown above.

Bidders who wish to participate in online tenders will have to procure / should have legally valid

Digital Certificate (Class-III) as per information Technology Act-2000 using which they can sign

their electronic bids. Bidders can procure the same from any of the license certifying Authority of

India or can contract (n) code solution – a division of GNFC Ltd., who are licensed certifying

Authority by Govt. of India.

(D) (i) Bid Inviting authority - Deputy Conservator of Forest, Palanpur.

(ii) Bid Opening Authority - Deputy Conservator of Forest, Palanpur.

(E) Mode of Quoting Rates - Percentage premium or rebate in words and figures At the end of

The list of certifying agencies are as mentionrd under:

Sr. No. Name of certifying Agency Website address

1. (n) Code solution (G.N.F.C) www.gnvfc.com

2. Safecrypt www.safescrypt.com

3. TCS www.tcs.-ca.tcs.co.in

4. MTNL www.mtnltrustline.com

As a result of E-tendering the information / Instructiond on Pages 7 to 13 following may be read as

modified below:-

2. NOTICE INVITING TENDER:

1.Tenders are inviting on behalf of Governor of state of the Gujarat for work as per page number on of

this booklet. The work is estimated to cost of Rs. 7,55,640.00 this estimate however, is given as a rough

2. The work are required to be completed within 15 Days as per the terms of the contract conditions.

3. The contractor whose name is borne of the approved list of contractors of Gujarat State "D" Class &

Above and above will be permitted to tender. Not more than one tender shall be submitted by a

contractor or by a firm of contractors. No two or more concerns in which an individual is interested as a

proprietor and/ or a partner shall tender for the execution of the same work .if they do so, all such tender

shall be liable to be rejected.

4. Bid document can be downloaded & Submited in Electronic Format on web site

www.tender.nprocure.com from Date : 11/02/2026 to 25/02/2026 up to 18:00 hours

5.Copies of other drawings and documents pertain to tender and signed for the purpose of identification

by the Accepting Officer or his accredited representative will be open for inspection by tender at the

following offices during working hours between the dates mentioned in clause 4 above.

(a) Deputy Conservator of Forest, Palanpur

6.Tenderer are advised to visit the site sufficiently in advance of the date fixed for submission of the

tender. A tenderer shall be deemed to have full knowledge of all the relevant documents samples,

site etc. whether he inspects them or not.

7.Submission of a tender by tenderer implies that he has read this notice and all other contract

documents and has made himself aware of the scope and specification of the work to be done and

of conditions and rates at which stores, tool and plant etc. will be issued to him, by Government and

local conditions and other factors bearing on the execution of the works.

8.The bidder should quote his bid premium or rebate at the end of schedule B. If he do not wish to quote

premium or rebate, he should indicate "at par" in the blank space preceding "% above / below" in

9. All rates shall be quoted on the tender form.

10.The tender for the works shall not be witnessed by a contractor or a contractor who himself /

themselves has/have tendered or who may and has/have tender for the same works. Failure to

observe this condition shall render the tender of the contractor tendering, as well as of those

witnessing the tender, liable to rejection.

11. The offered bid will be opened at date: 27/02/2026 hours on 12:00 in the presence of bidderes who

may choose to remain present in the office of the Bid opening Authority Specified in bid document.

12.Payment of tender fee and earnest money deposit: Demand draft for E.M.D. & tender fee shall be

submitted in electronic format only through online (by scanning) and offline through R.P.A.D./Speed Post

while uploading the bid.This submission shall mean that E.M.D. & tender fees is received for purpose of

opening the bid.Accordingly offer of those shall be opened whose E.M.D. & tender fees is recevived

electronically.However for the purpose of realization of D.D. bidder shall send the D.D in original to at

the time of tender opening or send the same through R.P.A.D. so as to reach Deputy Conservator of

Forest Banaskantha division within & days from the last date of opening.Penaltative action for not

submitting D.D. in original to Deputy Conservator of Forest by bidder shall be initiated.D.D. for E.M.D. is

not necessary for bidders having Exemption Certificate.However Exemption certificate shall have to be

submitted electronically through online.

13. A tender shall submit the tender which satisfied each and every condition laid down in this notice

and tender documents, failing which the tender will be liable to be rejected.

14. The Governor of the State of Gujarat does not bind himself to accept the lowest or any tender or to

give any reasons for the decision.

15. This notice of tender shall form part of the contract documents

16. Tender shall be received Registered Post A.D. by upto at 18.00 Hours upto Dt. 26/02/2026 (Date) and

shall be opened at 12:00 hours on Dt. 27/02/2026 in the presence of tenders who may be present

as per the rule of 4” General Rules and Directions for the Guidance of Contractors” Printed in this

17.1 Evaluation will be made to determine the acceptability,adequacy and reason

and presentresourcefulness.

17.2 To assist in the examination,evaluation and comparison of tender inviting authority may

askttenderer individually for clarification of their tenders including breakdown of unit rates the

request for clarification and response shall be in writing but no change in substance of the tender

shall be sought,offered or permitted at that stage.

17.3 Award may be made to the tenderer whose responsive terder is determined to be the

lowestevaluate tender and who meets the appronsive standerds of capacity and financial resources.

Signature of the contractor: Signature of the Deputy Conservator of Forest:

3.ADDITIONAL INSTUCTIONS TO PERSONS TENDERING ટ ડર ભરનારા માટ વધારાની gુચના

1. Competency of Tender – No contract will be awarded except to responsible bidders capable of

performing the class of works contemplated. Before the award of the contract, any bidder may

be required to show that he has the necessary facilities, experience, ability and financial

resources to perform the work in satisfactory manner within in the time stipulated. Contractor

may be required to furnish the department with the statement as to their experience and their

financial status.

2. Tender will be deemed to have inspected the site and to have satisfied as to the nature of all

works, all existing roads, water-way and other means of communication and access to and from

the site and work and the building that may be required for temporary purpose in connection

with the construction, completion and maintenance of the works and must make his own

inquiries as to work, yard sites and depot, and dumps and as to acquisition of such additional

sites and areas as may be necessary for temporary purpose for constructing, completing and

maintaining the works.

2.1 I : Late tenders ( i.e. tender received after the specified time of opening ), delayed tenders (i.e.

tenders received before the time of opening but after due date and time of receipt of tenders )

and post tenders offers shall not be opened and considered at all.

II : The tenders received after time & the date specified in the tender notice shall not be received

by the concerned office,

III : Necessary records should be maintained for refusal of such tenders in the registers for

receiving tenders and should be initialed by the concerned Deputy Conservator of Forest.

3 Payment:- The tender must understand clearly that the rates quoted are for completed works

and include all costs due to labour, scaffolding plant, supervision, service works, power, royalties

and GST, octroi etc. , and to include all extras to cover the cost of night work if and when required

and no claim for additional payment beyond the price/rates quoted will be entertained and the

tenderer will not be entitled subsequently to make any claim on the ground of misrepresentation

or on the ground that he was supplied with information given by any person (whether the

member is the employee of Public Works Department or not ) . Any failure on his part to obtain

all necessary information for the purpose of making his tender and filling the several prices and

rates therein shall not relieve him from any risks or liabilities arising out. Of or consequent upon

the submission of the tender.

4. Tender Forms – Every ‘blank’ in the form of the tender and in the schedule must be filled up by

the tenderer and must return the document sent herewith.

5. Erasures- Person tendering are informed that no erasures or alterations by them in the text of

the document sent herewith will be allowed and any such erasures or alternations will be

disregarded.If there is any error in hiswriting,no overwrinting should be done,the wrong word or

a figure should be struck out and the correct one written above or near it in unambiguous

way.Each correction should be initialed.

Contractors to please read this Carefully: SMg8F=S8ZMV[ GLR[GL AFATM SF/HL 5]J"S JF\RJF lJG\TL K[P

1. The percentage in Schedule ‘B’ must be given in words and figures. Amount thus worked out

must also be entered in column and grand total of amount must be struck out by the tenderer.

must also be entered in column and grand total of amount must be struck out by the tenderer.

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2. If the tender is taken in favour of the company, a power of attorney in favour of the person who

may have signed the tender for the company must accompany the tender.

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3. Solvency certificate of a Bank of an amount up to 20% of the tendered cost plus the amount of

works on hand still to be executed will have to be produced by the contractor.

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4. The contractor shall have to furnish Income Tax Clearance Certificate before his tender is

accepted and intimate assessment number and ward under which he is assessed.

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5. Copies of certificate as regards previous experience, if any, must accompany the tender.

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6. Declaration showing all works on hand with the Contractor and the value of works that remains

to be executed in each case must accompany the tender.

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7. All pages of Schedule ‘A’ and ‘B’ and specifications should be initialed by the Contractor.

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8. All corrections, erasures and overwriting should be initialed by the Contractor.

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9 Discrepancies and adjustment of Errors : S;}Z V\U[ lJ;\UlT VG[ lC;FA HMU o

Any error in quantity or amount in Schedule ’B’ showing items of works to be carried out shall be

adjusted in accordance with the following rules.

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

the rates column, the description in words shall prevail.

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b) In the event of an error occuring in the ‘amount’ coloumn of the Schedule ‘B’ showing items Of

work, as a result of wrong multiplication of the unit rate and quantity; the unit rate shall be

regarded as firm and multiplication shall be amended on the basis of the rate.

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c)All errors in totalling in ‘amount’ column in carrying forward totals shall be corrected.

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d)Any rounding of amount against “items” or in “totals” shall be ignored.

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The tendered sum so altered shall for the purpose of the tender be substituted for the sum

originally tendered and considered for acceptance.

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10. i) It may please be noted that the tender will be considered as invalid, especially, if the

requirements as per instruction No.1 to 10 above are not complied with before submitting the

tender. Also please read carefully the face sheet and ‘General Rules and Directions for the

guidance of contractor’s of this form.

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10. ii) Right is reserved to reject any or all tender(s) without assigning any reason (s) therefore.

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10. In addition to the above, the tender will also be liable to be rejected outright it-

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i) The tenderer proposes any alteration in the work specified or in the time allowed for carrying

out the work or any condition or correction made in any code or mode or Schedule ‘B’ or

specifications.

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ii) Any of the page of the tender is/ are removed or replaced

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iii) All corrections , additions or pasted slips are not initialed by the tenderer.

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iv) Any erasure is made by him in the tender and.

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v) The tenderer or in the case of a firm, each partner or the person holding the power of attorney

thereof does not sign or signature is /are not attested by a witness on page, 15 of the tender in

the space provided for the purpose.

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11 A certificate of registration as approved contractor should be attached with tender.

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4. DECLARATION FORM V[SZFZG]\ OMD"

(i) I/We hereby declare that I/We have visited the site and fully acquainted myself/ourselves with

the local situations regarding materials, labour and other factors pertaining to the work before

submitting this tender.

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(ii) I /We hereby declare that I/We have carefully studied the conditions of contract, specifications

and other documents of this work and agree for execute the same accordingly.

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(iii) We have to receive payments,if delay is due to late receipt of grant-in-aid from Government for

oanchayat works.(Applicable to panchayat works only)

(iv) I/We hereby declare that my/our near relative are not working in this Division or in its sub-

division today at.

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5. DECLARATION OF CONTRACTOR

We hereby declare that, we have made ourselves thoroughly conversant with the local condition regarding

all materials such as cement, stones, gravels, sand, metal, steel source of water, kapachi etc and their leads and

labour on which we based our rate of this work. The specifications etc of the work have been carefully studied and

understood by us before submitting this tender. We undertake to use only the best materials approved by the

Dy.Conservator of Forest or his duly authorized assistant before starting the work and to abide by his decision.

Name and Signature of Bidder.

6. General Rules and Directions for the Guidance of Contractors

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1. Where the works are proposed to be executed according to the specifications recommended by a

contractor and approved by a competent authority on behalf of the Governor of Gujarat, such

specifications with designs and drawing shall form part of the accepted tender.

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2. In the event of tender being submitted by a firm. It must be signed separated by each partner

thereof or in event of the absence of any partner it shall be signed on his behalf by person

holding a power of attorney authorising him to do so. Details of partner will be furnished in

Annexure-I along with the copy of partnership.

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3. Receipts for payment made on account of any work, when executed by a firm , shall also be

signed by all the partners except where the Contractors are described in their tender as a firm in

which case the receipts shall be signed in the name of the firm by one of the partners or by some

other person having authority to give effectual receipts for the firm.

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4. The bidder should quote his bid premium or rebate at the end of Schedule B. If he do not wish to

quote premium or rebate, he should Indicate "at par" in the blank space preceding "%

above/below" in Schedule B. Thereafter he should work out and indicate the offered bid amount

both in words and figures in Schedule B.

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6. The officer competent to dispose off the tenders shall have the right of rejecting all or any of the tenders.

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7. No receipt for any payment alleged to have been made by a Contractor in regard to any matter relating to

this tender or the contract shall be valid and binding on Government unless it is signed by the Deputy

Conservator of Forest.

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8. Under no circumstances shall any Contractor be entitled to claim enhanced rate for any items in this

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9. All corrections and additions or pasted slips should be initialed.

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10. The measurements of work will be taken according to the usual method in use in the Public Works

Department or as specified in technical specification and no proposals to adopt alternative methods will be

accepted. The Deputy Conservator of Forest’s decision as to what is the usual method in use in the Public

Works Department will be final.

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11. The Insurance Company’s bond will not be accepted against the security deposit.

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12 In the event of any other of discrepancy in write upto tender documents the contractor will not take any

undue advantage of such error or discrepancy and DCF In Charge shall have power to interpret and decide

correct meaning of contradictory erraneous writting..

13. The Contractor will have to construct a shed for storing controlled and valuable materials issued to him

under schedule ‘A’ of the agreement at work-site having double locking arrangement . The materials will then be

taken for use in the presence of the Department person. No materials will be allowed to be removed from the site

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14. No foreign exchange will be released by the Department for the purpose of plant and machinery required

for the execution of the work contracted for.

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15. Controlled materials (Essentiality Certificate)

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(i) As regard controlled materials, the Forest Department will help to arrange for the permit as far as

possible and help the Contractor in securing the same. All incidental charges met with in procuring these

materials shall be borne by the Contractor himself. Though the Forest Department will help to arrange for

the permit as far as possible and help the Contractor in obtaining the materials, it shall not accept any

responsibility for any loss on account of delay caused to the Contractor while obtaining the same.

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(ii)The contractor shall submit to RFO on close of every calendar month the monthly returns in the prescribed forms as

to the receipts and actual use of the controlled materials during the month.

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(iii) The contractor shall permit RFO or his representative to inspect the stock of the controlled materials stored by him

at any time whenever the RFO or his representative so desire (s).

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16. The tender for the work shall remain open for period (120*) days from the actual date of down loading of the price bids

for this work and that the tenderer shall not be allowed to withdraw or modify the offer on his own after downloading

of price bid. If any tenderer withdraws or make any modifications or additions in the terms and conditions of his tender

not acceptable to the Government (Public Works Department) then the Government shall without prejudice to any

right remedy. Be at liberty to forfeit in full the said earnest money absolutely, in this connection G.R. R & BD NO. TNC –

IIB – 22 (10) – C , dated 24-5-90 should be referred to.

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21. All statutory taxes dedcuctible at source under various acts and notifications by government shall be

deducted while making payment for which T.D.S. certificate shall be issued.

7. TENDER FOR WORK - SFD DF8[G]\ 8[g0Z

I/ We hereby tender for the execution for the Governor of Gujarat ( hereinbefore and hereinafter referred to as

Government) of the work specified in the underwritten memorandum within the time specified in such memorandum at the

tendered rates specified in Schedule ‘B’ (memorandum showing item of works to be carried out ) and in accordance in all

respects with the specifications, designs, drawings and instructions in writing referred to in this tender and in Clause 13 of the

annexed conditions of contract and agree that when materials for the work are provided by Government , such materials and the

rates to be paid for them shall be as provided in scheducle ‘A’ hereto.

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VG[ T[DF8[ R]SJJFGF NZ ;FY[GL VG];l} R cSc DF\ HMUJF/VM SIF" D]HAGL ZC[X[ T[ DG[q VDG[ SA], K[P

* Strike out which ever is not applicable * ,FU] G 50T]\ CMI T[ K[SL GF\BJ]\

+ In figures as well as words * VF\S0F T[DH XaNMDF\

8. MEMORANDUM – IFNL

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lJUT V,U IFNLDF\ VF5JLP

sBf V\NFHLTš BR"

sUf AFGFGL ZSD 3% Rs. 23,000/-

sWf HFDLG VGFDTs5F\R 8SFf 5%

* Vide R & BD G.R. No. TNC – 1088 – 1B/1 (13) / C dated 4-5-1993 & revised vide G.R. No. TNC-1088/IB/18/(13)-O

dated 31-8-94.& TNC-10-2013-3-(Part-1)-C dated 19.11.2013

(f) Time allowed for the completion of work from date of written order to commence IN 60 Days

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Give Schedule where necessary, showing dates by which the various items are to be completed:

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(g) Should this tender be accepted, I /We hereby agree to abide by fulfil all the terms and provisions of the

conditions of the contract annexed here to so far as applicable and in default thereof to forfeit and pay to

Government in Office the sums of money mentioned in the said conditions.

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SZJF C]\ q VD[ A\WFp K]\ q A\WF.V[ KLV[ VG[ T[D SZJFDF\ S;]Z YI[ pST XZTMDF\ NXF"J, [ ZSD ;ZSFZDF\ HDF SZFJJF VG[ R]SJJF C]\ q VD[

;\DT YFp K]q Y.V[ KLV[P

(Receipt No……………….dated ………………….from the Government Treasury or Sub-Treasury at

…………………………………….in respect of sum Rs. ………………………………is forwarded herewith representing the earnest

money + (a) the full of value of which is to be absolutely forfeited to Government should 1/ We not deposit the full

amount of security deposit specified in the above memorandum in accordance with Clause I of the said conditions

otherwise the said sum of above Rs. ……………………shall be refunded. )

The tender is hereby accepted by me on behalf of the Governor of Gujarat.

DEPUTY CONSERVATOR OF FOREST ( or his authorised assistant …………………Division.

+ Strike out (a) if no cash Earnest Money is to be taken * Amount to be specified in

words and figures

x Signature of Contractor before submission or tender 8[g0Z ZH] SZTF 5C[,F SMg8=FS8ZGL ;CL

9. TERMS & CONDITIONS OF CONTRACT

CLAUSE 1 : Security Deposit :

1.1 Security Deposit is required to be furnished by the contactor as gurantee money for performance of

the contract and observance of contract conditions.

1.2The person/persons whose tender is accepted (hereinafter called the “Contractor” which expression

shall, unless excluded by, or repugnant to the context include his Legal heirs, executors, administrators

and assigns shall pay the total amount of security deposit:

and assigns shall pay the total amount of security deposit:

(a) In respect of the tender upto Rs. Thirty lacs to 5 (five) percent of the estimated cost of the work put to

(b) In respect of the work above thirty lacs,equal to 10(ten) percent of the estimated cost of the work

puty to tender.

1.4 In respect of the tenders above Rs. Thirty lacs the contractor shall pay first five percent of security

deposit as specified in part 1.3 above and for the remaining five percent,the contractor shall have to give

performance bond to be produced within 10days from the date of receipt of acceptance letter of his

1.5 The work-order to commence the work shall be issued only after the security deposite as per para1.3

and 1.4 is paid/furnished by the tenderer.if the tenderer fail to produce the security deposit as above the

earnest money paid by him shall be forfrited and his registration shall be held in abeyance for three years

from the date of such defaults as per clause-3.

1.6 All compensation, Liquidated damages or other sums or money payable by the contractor to

Government under the terms of this contract shall be deducted from or recouped by the realization of a

sufficient part of his security deposit, or from the interest arising there from or performance bond or

from any sums which may due or may become due by Government to the Contractor on any account

whatsoever and whether in respect of this contract, any other contract, or otherwise in the event of his

security deposit being reduced by reason of any such deduction or recipient as aforesaid, the contractor

shall within ten days thereafter, make good in cash or in Government securities transferred as aforesaid

any sum or sums required to make good the shortfall in the amount of the security deposit.

CLAUSE 2 : Liquidated damages for delay :-

(i ) If the Contractor fails to complete the work under contract by the stipulated date, he shall pay

liquidated damages of at the rate of 0.1 percentage of the contract value per day from the date of

delaying the said work upto the date of completion and handing over to the Government.

(ii ) However also if the contractor fails to complete any part of the work as designed in Schedule (c) by

the time indicated against such part, he shall pay Liquidated damages per day from the date of delaying

the said part of the work up to the date of completion of the said designated part at the rates shown in

the said schedule of the contract value of such part for such failure till the said designated part. is

* AS corrected vide B & CD GR No. TNC – 1091 – 1B – 10 / (11) – C, dated 29-06-92.

(iii) The aggregate maximum of liquidated damages payable under clause No.2 Shall not exceed 0.10 Percentage of

contract value per day and shall be subject to the maximum amount of ten percentage of the estimated amount put

(iv) Delays requiring payment of ten percentage liquidated damages of the amount put to tender for performance

shall be sufficient causes for termination of contract and for forfeiture of security deposit including amount of

performance bond in respect of works estimated to cost more than Rs.15 lacs, for. Performance and registration of

the contractor shall also be kept in abeyance for three years from the date as fixed in all cases. (See Schedule© on

CLAUSE 3 : Default by Contractor :

If the Contractor shall neglect on fail to proceed with the work with due diligence or if he violates any of the

provision of the Contract, the RFO – in –charge small give the Contractor a notice, identifying deficiencies in

performance and demanding corrective action. Such notice shall clearly state that it is given under the provision of

this clause. After service of such notice, the contractor shall not remove any plant, equipment and material from the

site. The Government shall have a lien on all such plant, equipment and material from the date of such notice till the

said deficiencies have been corrected as mentioned in the said notice.

If the contractor fails to take satisfactory corrective action within ten days after receipt of such notice,

the RFO-in-charge on behalf of Governor of Gujarat shall terminate the contract in whole. In case the

entire contract is terminated, the amount of security deposit and performance bond if any together with

the value of the work done but not paid for, shall stand forfeited to the Government. The plants,

equipment and materials, held under this clause shall then be at the disposal of the Government to

recover the amount equivalent to the liquidated damages and registration of the contractor shall be kept

in abeyance for three years from the date as fixed in all such cases.

The RFO-in –charge if necessary shall direct that a part or the whole of such plant, equipment and

material be removed from the site within a stipulated period. If the Contractor fails to do so, the RFO-in-

Charge shall cause them or any part of them to be sold holding the net proceeds of such sale to the credit

of the Contractor. After settlement of accounts, the lien by the Government of the contractor’s remaining

plant equipment and balances of materials shall be released.

Termination of the contract in whole shall be an adequate authority for the RFO-in-charge to demand

discharge of the obligations from the guarantor s of the security for the performance.

If the progress of any particular portion of the work under Contract is unsatisfactory, the RFO-in-charge

shall, notwithstanding that the general progress of the work is satisfactory, in accordance with Clause

be entitled to take necessary action under Clause 3 after giving the Contractor ten day’s notice in writing

and the contractor shall have no claim whatsoever for any compensation for any loss caused to him due

to such action.

(Clause 1,2,3 and 4 are substituted vide GR NO. TNC –1091/IB-10/(11)-C , dated 15-10-91& modified by

GR dated 29-10-91 & G.R. No TNC – 1088/IB/18(13) – C dtd 31/8/94 and no TNC-10/2002-14-C dated

In any case in which any of powers conferred upon the RFO-in-charge by clause-3 hereof shall have become

exercisable and the same shall not have been exercised, the non-exercise thereof shall not constitute a waiver of

any of the conditions hereof and such powers shall not with standing be exercisable at any future date.

In the event of the RFO-in –charge taking action under clause 3, he may if so desire take possession of all or any

tools, plants, machineries materials and stores in or upon the work or the site there of or belonging to the

contractor or procured by him and intended to be used for the execution of the work or any part thereof, by paying

or allowing for the same in account at the contract rate or in case of contract rates not being applicable at such

reasonable rate, as may be comparable to current market rates where ascertainable of similar articles and

comparable condition, to be certified by the RFO-in-charge. In the alternative the RFO-in-charge may by notice in

writing to the contractor or his clerk of the works foreman or other authorised agent require him to remove such

tools, plants, machineries, materials or stores from the premises within a time to be specified in such notice and in

the event of the contractor failing to comply with any such requisition , the RFO-in-charge may remove them at the

contractor’s expenses or shall remove them by auction or private sale at the risk and cost of the contractor in all

respects, and the certificate of the RFO-in-charge as to the expenses of any such removal and the amount of the

proceeds and expenses of any such removal shall be final and conclusive against the contractor.

CLAUSE 6: Extension of time :

If the contractor shall desire an extension of the time for completion of the work on the ground of his having been

unavoidably hindered in its execution or any other ground he shall apply in writing to the RFO-in-charge before the

expiration of the period stipulated in the tender or before the expiration of 30 days from the date on which he was

hindered whichever is earlier and the RFO-in-charge may, if in his opinion, believe that there are reasonable

grounds for granting an extension, grant such extension as he thinks necessary or proper. The decision of the RFO-

in-charge in this matter shall be final

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As soon as the work is completed the contractor shall give a notice of such completion to the RFO-in-

charge and on receipt of such notice the RFO-in-charge shall inspect the work and if he is satisfied that

the work is completed in all respect then :-

(i)For all works costing uptoRs.50 lakhs (amount put to tender) the final measurements shall be recorded within

days from the date of physical completion of the work and the final bill shall be prepared within 45 days from the

date of recording final measurement ., The completion certificate shall be issued within one month from the date of

final measurement subject to the contractor fulfilling his obligation as provided in the contract and subject to the

work being complete in all respects.

(ii) In respect of works costing more than Rs.50 lakhs (amount put on tender), the final measurements

shall be recorded within 75 days from the date of physical completion of the work and the final bill shall

be prepared within 75 days from the date of recording final measurements subject to the contractor

fulfilling his obligations as provided in the contract and subject to the work being complete in all respects.

When separate period of completion have been specified for items or groups of items, the RFO-in-charge

shall issue separate completion certificate for such items or groups of items.

No certificate of completion shall be issued no shall the work be considered to be complete till the

contractor shall have removed from the premises, on which the work has been executed, all scaffolding,

sheds and surplus materials, except such as are required for rectification of defects; rubbish and all huts

and sanitary arrangements required for his workmen on the site in connection with the execution of the

work, as shall have been erected by the contractor for the workmen and cleared all dirt form all parts of

building(s) in, upon or around which the work has been executed or of which he may have possession for

the purpose of the execution thereof and cleared floors, gutters and drains, cased doors and sashes, oiled

locks and fastenings labeled keys clearly and handed them over to the RFO-in-charge or his

representative and made the whole premises fit for immediate occupation or use to the satisfaction of

the RFO-in-charge . if the contractor shall fail to comply with any of the requirements of these conditions

as aforesaid, on or before the date of completion of the works, the RFO-in-charge may , at the expenses

of the contractor, fulfill such requirements and dispose of the scaffolding, or surplus materials and

rubbish etc. as he thinks fit and the contractor shall have no claim in respect of any such scaffolding or

surplus materials except for any sum actually released by the sale thereof less the Cost of fulfilling the

requirements and any other amount that may be due from the contractor. If the expenses of fulfilling

such requirements is more than the amount realised such disposal as aforesaid the contractor shall

forthwith, on demand, pay such excess. The RFO-in-charge shall also have the rights to adjust the amount

of excess against any amounts that may be payable to the contractor.

No payment shall be made for any work, estimated to cost less than rupees one thousand till after the whole of the

said work shall have been completed and a certificate of completion given. But in the case of works estimated to

cost more than rupees one thousand, the contractor shall on submitting a monthly bill therefore, be entitled to

receive payment proportionate to the part of the work then approved and passed by the RFO-in-charge, whose

certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor.,

All such intermediate payments hall be regarded as payments by way of advance against the final payments only

and not as payments for work actually done and completed and shall not preclude the RFO-in-charge from requiring

gad, unsound, imperfect or unskilled work to be removed and taken away and reconstructed or re-erected, nor shall

any such payment be considered as an admission of the due performance of the contractor or any part therefore in

any respect or the accruing of any claims, nor shall it conclude, determine, or affect in any way the power of the

RFO-in-charge as to the final settlement and adjustment of the accounts or otherwise or in any other way vary or

effect the contract. The final bill shall be submitted by the contractor within one month of the completion of the

work , otherwise the RFO-in-charges certificate of the measurements and of the total amount payable for the work

work , otherwise the RFO-in-charges certificate of the measurements and of the total amount payable for the work

shall be final and binding on all parties.

The rates for items of works shall be valid only when the items concerned is accepted as having been competed fully in

accordance with the sectional specifications. In cases where the items of work are accepted as not so completed, the RFO-in-

charge may make payment on account of such items at such reduced rates as he may consider reasonable in preparation of final

or on account bill.

CLAUSE 10 : Bills to be submitted monthly :

A bill shall be submitted by the contractor each month on or before the date fixed by the RFO-in-charge for all

works executed in the previous month and RFO-in-charge shall take or cause to be taken the requisite

measurements for the purpose of having the same verified and the claim, so far as it is admissible, shall be adjusted,

if possible, within ten days from the presentation of the bill. If the contractor does not submit the bill within the

time fixed as aforesaid, the RFO-in-charge may depute a subordinate to measure up the said work in the presence

of the contractor or his duly authorised agent whose countersignature to the measurement list shall be sufficient

warrant and the RFO-in-charge may prepare a bill from such list which shall be binding on the contractor in all

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The contractor shall submit all the bills on the printed forms to be had on application at the office of the RFO-in-

charge. The charges to be made in the bills shall always be entered at the rates specified in the agreement or at the

partly reduced rates subject to the approval by the RFO-in-charge in the case of items not completed/executed as

per agreements or in the case of any extra work ordered in pursuance of these conditions and not mentioned or

provided for in the tender, at the rate here in after provided for such work .

If the specification of the work provides for the use of any special description of materials to be supplied from the

Departmental Store or if it is required that the contractor shall use certain stores to be provided by the RFO-in-

charge (such materials and stores and the prices to be charged therefore as here in after mentioned being so far as

practicable for the convenience of the contractor but not so as in any way to control the meaning or effect of this

contract specified in the schedule or memorandum here to annexed) the contractor shall be supplied with materials

and stores as may be required from time to time to be used by him for the purpose of the contract only, and the

value of the full quantity of materials and stores so supplied shall be set off or deducted from any sum then deposit,

or the proceeds of sale thereof, if the deposit is held in govt. Securities , the same or a sufficient portion thereof

shall, in that case be sold for the purpose . All materials supplied to the contractor shall remain the absolute

property of Govt. and shall on no account be removed from the site of the work, and shall at all time, be open to

inspection by the RFO-in-chare. Any such materials, unused and in perfectly good condition at the time of

completion or termination of the contract , shall be returned to the Departmental store if the RFO-in-charge

so requires by a notice in writing given under his hand, but the contractor shall not be entitled to return

any such materials except with the consent in writing of the RFO-in-charge and he shall have no claim for

compensation on account of any such material supplied to him as aforesaid but remaining unused by him

or for any wastage in or damage thereto.

For materials provided in schedule-A and consumed in excess quantities, the rates provided in Schedule A

shall be increased/executed corresponding to the increased/decrease in the new rate payable for excess

quantity as compared to the tender-rates. The rate for materials provident in extra items will be the issue

rates plus storage charge ruling on the date of issue of such quantity of materials.

The contractor shall be entitled to use the materials supplied by the Department only to the extent of

quantities of such materials required for execution of the work as per theoretical calculations. The RFO-

in-charge may however, on being satisfied that a large quantity of such materials is required for the

execution of the work, permit the contractor to use such large quantity of the materials, Such permission

shall be given in writing.

The contractor is bound to return in good condition such materials issued in excess of the requirements

so worked out or in excess of the quantities so permitted to be used by the RFO-in-charge if the

contractor fails to return such extra materials within a period of 15 days from the date of the demand in

writing of such materials being made by the RFO-in-charge , he shall be charged for the excess materials

at double the issue-rates for such materials specified in Schedule A of the contract Agreement.

All stores and materials such as cement, if the consumption of which exceeds 25 tons and steel etc.

supplied to the contractor by Government shall be kept by the contractor in separate godown provided

with a double lock. The key of one of the lock shall remain with the RFO-in-charge or his agent. The

godown shall be accessible to the RFO-in-charge or his agent at all times. No materials shall be allowed to

be removed from the site of the work and any material required for the execution of the work shall be

taken out from the godown only in the presence of a duly authorised agent of the RFO-in-charge.

(1) The contractor shall execute the whole and every part of the work in the most substantial and workman-like manner and

both as regards materials and in other respects in strict accordance with specifications.

The contractor shall also confirm exactly, fully and faithfully to the design, drawings and instructions in writing for the work

signed by the RFO-in-charge . the design and the drawings shall we lodged in the office of the site RFO-in-charge to which the

contractor shall be entitled to have access for the purpose of inspection at such office during office hours.

Where the instructions referred to above are not contained in separate letters addressed to the contractor the same shall be

recorded in the work-order book, which shall be maintained and kept on the site of the work. The contractor shall be required to

sign such entries in the work-order book in token of having noted the instructions. However, if the contractor fails to sing the

work-order book for any reason whatsoever, the entry of the instructions in the work-order book shall be deemed to be the due

notice to him of the said instructions. The work-order book shall be open for inspections to the contractor on the site of the work

during office hours.

(2) The contractor will be entitled to receive one copy of the accepted tender along with the work order free of cost and will also

be entitled to receive three sets of contract and working drawings according to the progress of work as and when needed, free of

(3) The several documents forming the contract are essential parts of the contract and requirements occurring in one is binding

as through occurring in all. They are intended to be mutually explanatory and complimentary and to describe and provide for a

In the event of any discrepancy in the several documents forming the contract or in any one documents, the following order of

precedence should apply.

(a) Dimension and quantities : (i) Drawings (ii) Schedule-B of the Tender form (iii) specification.

On drawings, figures dimensions, unless obviously incorrect, will be followed in preference to scaled dimensions.

(b) Description : (I) Schedule-B of the Tender form :- (ii) Drawings (iii) Specifications.

In the case of effective description or ambiguity, the RFO-in-charge is entitled to issue further instructions directing in what

manner the work is to be carried out. The contractor cannot take any advantage of any apparent error or omission in drawings or

specifications and the RFO-in-charge shall be entitled to make corrections and interpretations as necessary to fulfill the plans and

specifications.

The RFO-in-charge shall have power to make any alterations in or addition to the original specifications, drawings,

designs and instructions that may appear to him to be necessary or advisable during the progress of the work and

the contractor shall be bound to carry out the work in accordance with any instructions in this connection which

may be given to him in writing signed by the RFO-in-charge and such alternation shall not invalidate the contract

and additional work which the contractor may be directed to do in the manner above specified as part of the work

shall be carried out by the contractor on the same conditions in all respects on which he agreed to do the main work

and at the same rate as out by the contractor on the same conditions in all respects on which he agreed to do the

main work and at the same rate as are specified in the tender for the main work.

14.2. Except that when the quantity of any item exceeds the quantity as in the tender by more than 10%

the contractor will be paid for the quantity in excess of 10% at the rate entered in the S.O.R. of the year during

which the excess in quantity is first executed or tender rate whichever is less. (As Govt. GR No. TNC/10/2017/10/C

14.3. If the additional or altered work includes any class of work for which no rate is specified in this contract,

then such class of work shall be carried out.

(i) At the rate derived from the item within the contract which is comparable to the one involving additional or

altered class of work, where there are more than one comparable items , the item of the contract which is nearest

in comparison with regard to class or classes of the work involved shall be selected and the decision of the

Superintending RFO as to the nearest comparable item shall be final and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (I) above, such class of works shall be carried out at the rate entered in the

Schedule of Rates of the Division for the year in which the tender was received, increased or decreased by the percentage by

which the tender amount is more or less as compared to the amount arrived at the rates in the “Schedule or Rates” of the

Division in the year in which the tender was received. if the Schedule of rates of the Division does not contain all the items the

percentage increase or decrease of the tender shall be calculated considering such items which were included in the “Schedule

of Rates “of the Division for the year and for materials consumed on such item the rate to be charged would be the basic rate

taken into account for fixing the rate in S.O.R. referred to above instead of the rate. Stipulated in schedule ‘A’.

(iii) If it is not possible to arrive at the rate from (I) and (ii) above, such class of work shall be carried out at the rate decided by

the competent authorities on the basis of detailed rate analysis after hearing the contractor before a Committee of two

superintending RFOs stationed at the same place or the nearest place.

14.4 If the additional or altered work, for which no rate is entered in the “Schedule of Rates” of the Division is ordered to be

carried out before the rate is agreed upon, then the contractor shall within seven days of the date of receipt by him of the order

to carry out the work, inform the RFO-in-charge of the rate, which it is his intention to charge for such class of work and if the

RFO in charge does not agree to this rages, he shall by notice in writing be at liberty to cancel his order to carry out such class of

work and arrange to carry it out in such manner as he may consider it advisable, provided always that if the contractor shall

commence work or incur any expenditure in regard thereof before the rates shall have been determined as lastly herein before

mentioned, then in such cases he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by

him prior to the date of the determination of the rate as aforesaid according to such rate or rates as shall be fixed by the RFO-in-

charge. In the event of the dispute, the decision of the Superintending RFO of the Circle shall be final.

Where, however, the work is to be executed according to the designs, drawings and specifications recommended by the contractor and

accepted by the competent authority, the alternation above referred to shall be within the scope of such designs,

drawings and specifications appended to the tenders.

The time limit for the completion of the work shall be extended in the proportion that the increase in the cost

occasioned by alternations bears to the cost of the original contract work and the certificate of the RFO –in-charge

as to such proportion shall be final and conclusive.

14.5 For excess in item of well sinking the rates for sinking in depth beyond the designed depth shall be as per

the rate quoted by the contractor in the statement of variation, if no rates of variation in sinking are quoted the rate

payable shall be the tender rate for sinking at designed level increased by the difference of schedule of rate for

sinking at designed depth and sinking at final depth .

CLAUSE 15: No claim for any payment of compensation for change or restriction of work

If at any time after the execution of the contract documents the RFO-in-charge shall for any reason

whatsoever, require the whole or part of the work, as specified in the tender, be stopped for any period

or shall not require the whole or part of the work to be carried out at all or to be carried out by the

contractor, he shall give notice in writing, stating the fact to the Contractor who shall thereupon suspend

or stop the work totally or partially, as the case may be. In any such case , except as provided hereunder,

the Contractor shall have no claim to any payment or compensation whatsoever except as provided

hereunder on account of any profit or advantage which he might have derived from the execution of the

work in full but which he did not so derive in consequence of the full amount of the work not having been

carried out, or on account of any loss that he may be put to on account of materials purchased or agreed

to be purchased or for unemployment of labour required by him. He shall not have also any claim for

compensation by reason of any alteration having been made in the original specifications, drawings,

designs and instructions which may involve any curtailment of the work as originally contemplated.

(1) However, the contractor will be entitled for compensation for loss, if any on the date of notice, for the

purchased materials or for the contract executed for the material to be purchased for such work. Such

compensation will be paid only for actual loss for materials, if such materials so purchased or agreed to

purchase is of required quantity/quality and was purchased/ contracted to be purchased only for the

same work. But no compensation shall be granted to contractor on material for which advance has been

given to contractor by Government. The amount of loss for such claim will be decided by in charge RFO-

(2) The contractor also will be entitled for compensation of unemployed labour for 7 days from the date

of notice provided that in that opinion of RFO-in-charge such labour working for 7 days prior to the notice

and would not be in a position to get employment elsewhere within 7 days from the date of such notice .

The contractor should try to employ such unemployed labour at other places from the date of such

In case the Contractor does not agree with the decision of Deputy Conservator of Forest regarding the

amount of compensation or loss; it will be open for the contractor to appeal to Superintending RFO-in –

charge within one month form the date of knowledge of such decision. In such case the decision of

Superintending RFO will be final and binding to the Contractor.

The Contractor shall not be entitled for loss of any expected profit of such work.

(Vide G.R. NO.SSR/1090/IB/247(2) /C, dtd 28-06-1993 as amended by GR of even number dated

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CLAUSE 15A : The contractor shall not be entitled to claim any compensation from Govt. on account of delay by

Government in the supply of materials entered in Schedule ‘A’ where such delay is caused by (I) Non-supply due to

short allotment of quota in case materials available under quota regulations. (ii) Difficulties relating to the supply of

railway wagon (iii) Force majored. (iv) Act of God. (v) Act of the country’s enemies or any other reasonable cause

beyond the control of Government.

In the case of such delay in the supply of materials, Government shall grant such extension of time for the

completion of the works as shall appear to the RFO-in-charge to be reasonable in accordance with the

circumstances of the case. The decision of the RFO-in-charge as for the extension of time shall be accepted as final

by the contractors. (As modified Vide R&BD. G.R. No. TNC – 1096 IB – 143 (16) – C dated 11-1-99)

CLAUSE 16: Time limit for unforeseen claims :

The contractor shall not be entitled to any compensation from Government on any account unless where allowed

by the conditions of this contact. In such cases the contractor shall have to submit a claim in writing to the RFO-in-

charge within one month of the cause of such claim occurring.

CLAUSE 17 : Action & compensation in case of bad work :

If at any time before the expire of Defects Liability period as detailed in Clause 17-A . It shall appear to the RFO-in-

charge or his sub-ordinate in charge of the work that/any work has been executed unsound, imperfect or unskilled

workmanship or with materials of inferior quality or that any materials or articles provided by him for the execution

of the work are unsound , or of a quality inferior to that contracted for or are otherwise not in accordance with the

contract, it shall be lawful for the RFO-in-charge to intimate this fact in writing to the contractor and then

notwithstanding the fact that the work, materials or articles complained for may have been passed, certified and

paid for the contractor shall be bound forthwith to rectify, or remove and reconstruct the work so specified in

whole or in part as the case may require, or if so required, shall remove the materials or articles so specified in

whole or in part and provide other proper and suitable materials or articles at his own charge and cost, and in the

event of his failing to do so within a period to be specified by the RFO-in-charge in the written intimation aforesaid,

the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate of the

rectification for every day not exceeding ten days during which the failure so. Continues and in the event of any

such failure as aforesaid continuing beyond ten days, the RFO-in-Charge may rectify or remove, and re-execute the

work or remove and replace the materials complained of as the case may be at the risk and expense in all respects

of the contractor. Should the RFO-in-chare consider that any such inferior work or materials as described above may

be accepted or made use of, it shall be within his discretion to accept the same at such reduced rates as he may fix

However, the contractor shall be responsible for normal maintenance of the work till the final bill for the work is

prepared by the departmental Officer.

Clause 17A : Defect liability period :

The contractor shall be responsible to make good and remedy at his own expenses any defect which may develop or

may be noticed before the period mentioned hereunder from the certified date of completion. The RFO-in-charge

shall give the contractor a notice in writing about the defects and the contractor shall make good the same within

15 days of receipt of the notice. In the case of failure on the part of the contractor, the RFO-in –charge may rectify

or remove or re-execute the work at the risk & cost of the contractor. The RFO-in-charge shall be entitled to

appropriate the whole or any part of the amount of security deposit towards the expenses, if any, incurred by him in

rectification, removal or re-execution.The defects liability period except original building works shall be as under

(a) for all works costing upto Rs.50,000(amount put to tender),the period shall be 3 months from the certified date

(b) For all works costing more that Rs. 50,000 and upto Rs. 1 crore (amount put tender) the period shall be 6 months

for Building & Bridge works 36 Months for Road works from the certified date of completion or one monsoon

for Building & Bridge works whichever is later.

(c) For major projects costing more than Rs. 1 crore, the period shall be 36 months for Building & Bridge works

Months for Road works from the certified date of completion which should include three monsoon for Building

& Bridge works whichever is later.

(d) For building works, the period specified (a), (b) or (c) above OR elapse of monsoon period following the certified

date of completion, whichever is later. For the purpose of deducting the monsoon period, the 30th September may

be treated as last date.

(As per Govt of Gujarat GR No. TNC/10/2016/Clause-17A/ Sudharo/(1) S Dt.12/5/16)

Clause 17A : Defect liability period :(applicable to tenders for works of narmada,water resources,water supply and kalpsar

department only)

(a) For al works coasting upto Rs.50,000(amount put to tender)the period shall be three months.

(B.1) For works of check dams,canals,drainage and road structure estimated to cost more than rs. 50,000 but up

to Rs. 10 lacs the period shall be twelve months.

(B.2) For works other than check dams,canals,drainage and road structure estimated to cost more than rs.

50,000 but up to Rs. 10 lacs the period shall be six months.

(C.1) For works of check dams,canals,drainage and road structure estimated to cost more than Rs. 10 lacs the

period shall be three years.

(C.2) For works other than check dams,canals,drainage and road structure estimated to cost more than Rs.

lacs but upto Rs. One crore the period shall be twelve months.

(D) all works estimated to cost more than Rs. One crore the period shall be three years.

B.For building Works: (i) for buildings works other than original building estimated to cost upto Rs.50,000 the

period shall e three years(ii) for building works other than original building estimated to cost upto Rs.50,000 but

up to Rs. One crore the period shall be twelve months(iii) for original building works the period shall be one

years or elapse of one monsoon period whichever is later.

In above works the period shall be counted from the certified date of completion.30 September shall be

treated as last date of monsoon.

Clause 17 B : Free Maintenance Guarantee Period (only for Road works) :

The Scope of works also includes three years free Maintenance Guarantee Period from the certified date of the

works. During this period, the contractor shall be responsible to make good and remedy at his own expenses any

defect which may develop or may be noticed for the work carried out by him or due to the reasons attributed to

him. The RFO-in-charge shall give the contractor a notice in writing about the defects with remedial majors and the

contractor shall make good the same within period specified in the notice. In case of failure on the part of the

contractor to carry out the instructions of RFO-in-charge, the RFO-in-charge may rectify or remove of re-execute the

works at his risk and cost of the contractor. The RFO-in-charge shall be entitled to appropriate the whole or any part

of the amount of security deposit to words the expenses, if any, incurred by him in rectification, removal or re-

execution. The contractor shall immediately recoup the amount so spent such that at any given time the security

deposit shall be maintained as laid down in the clause 1 of the contract. If contractor fails to recoup the amount of

security deposit then RFO-in-charge shall be entitled to recover the amount spent over the above the amount of

security deposit. The contractor shall furnish the Guarantee Bond as directed by RFO-in-charge on stamp paper of

( Please see Special Condition of Contract)

CLAUSE 18: Work to be open to inspections –Contractor or responsible agent to be present. : -

All Works under or in course of execution or executed in pursuance of the contract shall, at all times be open to the

inspection and supervision of the RFO-in-charge and his subordinates and the Contractor shall, at all times during

the usual working hours, and all other times for which reasonable notice of the intimation of the RFO-in-charge or

his subordinate to visit the works shall have been given to the contractor , either himself be present to receive

orders and instructions or have a responsible agent duly accredited in writing present for that purpose. Orders given

to the contractor’s duly authorised agent shall be considered to have the same force and effect as if they had been

given to the Contractor himself.

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CLAUSE 19 : Notice to be given before work is covered up :

The contractor shall give not less than five day’s notice in writing to the RFO-in-chare or his subordinate

in charge of the work before covering up or otherwise placing beyond the reach of measurement any

work in order that the same may be measured and correct dimensions there of taken before the same is

so covered up or placed beyond the reach of measurement and if any work shall be covered up or placed

beyond the reach of measurement without such notice having and if any work shall be covered up or

placed beyond the reach of measurement without such notice having been given or consent obtained

the same shall be uncovered at the contractor’s expenses and in default thereof no payment or

allowance shall be made for such work or for the materials with which the same was executed.

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If the contractor or his workmen, or servants shall break, deface, injure or destroy any part of the building

or the work in a question in/on which they may be working or any building, road, fence, enclosure or

grassland or cultivated ground contiguous to the premises on which the works or any part thereof is

being executed or if any damage shall be done to the work from any causes whatever before damage

occurred/caused due to normal flood or rain or if any imperfections become apparent in it within three

months from the grant of a certificate of completion, final or otherwise by the RFO-in-charge , the

contractor shall make good the same at own expenses or in default, the RFO-in-charge may cause the

same to be made good by other contractor, and deduct the expenses (of which the certificate of the RFO-

in-charge shall be final ) from any sums that may thereafter become due to the contractor or from his

security deposit or the proceeds of sale thereof or a sufficient portion thereof.

Neither party shall be liable to the other for any loss or damage occasioned by or arising out of God, such as "Unprecedented

flood", volcanic eruption, earthquake or other convulsion of nature and other acts such as but not restricted to general strike,

invasion, the acts of foreign countries, hostilities, or war like operations before or after declaration of war, rebellion, military or

usurped power which prevent performance of the contract and which could not have been foreseen or avoided by a prudent

Note : “Unprecedented flood” means the flood crossing the High Flood Level of the past 10 (Ten) Year(s) which is on the

available record.

(Modified Vide R& B D.G.R. No/ TNC – 1096 – IB –143 – (16) – C dated 11-1-99)

CLAUSE 21: Contractor to supply plant, ladders, scaffolding etc. and is liable for damage arising from non-

provision of lights, fencing etc. :

The contractor shall supply at his own cost all materials (except such special materials if any, as may, in

accordance with the contract to be supplied from the Public Works Department Stores), plant, tools,

appliances, implements, ladders, cordage, tackle, scaffolding, and any temporary works which may be

required for the proper execution of the work whether in the original, altered or substituted form and

whether included in the specifications, or other documents forming part of the contract or referred to in

these conditions or not and which may be necessary for the purpose of satisfying or complying with

requirements of the RFO-in-charge as to any matter or to which under these conditions he is entitled to

be satisfied or which he is entitled to require together with carriage there for to and from the work. The

contractor shall also supply without charge the requisite number of persons with the means and

materials necessary for the purpose of settings out works and counting , weighing and assisting in the

measurement or examination at any time and from time to time, of the work or the materials, failing this,

the same may be provided by the RFO-in-charge at the expenses of the Contractor and the expenses may

be deducted from any money due to the Contractor under the contract or from his security deposit, or

proceeds of sale thereof or of a sufficient portion thereof. The contractor shall provide all necessary

fencing and lights required to protect the public from accident and shall also be bound to bear expenses

of defence of every suit, action or other legal proceeding, at law that may be brought by any person for

injury sustained. Owing to neglect of the above precautions and to pay any damages and costs which may

be awarded in any such suit, action or proceedings to any such person , or which may, with the consent

of the Contractor, be paid in compromising any claim by any such person.

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CLAUSE 21A: The Contractor shall provide suitable scaffolds and working platforms, gangways and

stairways, and shall comply with the following regulation in connection therewith.

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(a) Suitable scaffolds shall be provided for workmen for all works that cannot be safely done from a

ladder or by other means.

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(b) A scaffold shall not be constructed, taken down or substantially altered except

(i) Under the supervision of a competent and responsible person.

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(ii) Appointed by contractor and by competent workers possessing adequate experience in this kind of

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(c) All scaffolds and appliances connected therewith and all ladders shall

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(ii) be of adequate strength having regard to the loads and strains to which they will be subjected and

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(d)Scaffolds shall be so constructed that no part thereof can be displaced in consequence of normal use.

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(e) Scaffolds shall not be overloaded and so far as practicable the load shall be evenly distributed.

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(f) Before installing the lifting gear on scaffolds, special precaution shall be taken to ensure the strength

and stability of the scaffolds.

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(g) Scaffolds shall be periodically inspected by a competent person .

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(h) Before allowing a scaffold to be used by his workmen, the Contractor shall, whether the scaffold has

been erected by his workmen or not, take steps to ensure that it complies fully with the regulation herein

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( i ) Working platforms, gangways shall –

(i) be so constructed that no part thereof can dug unduly or unequally.

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(ii) be/so constructed and maintained having regard to the prevailing conditions as to reduce as far as

practicable risks of persons tripling or slipping and

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(iii) be kept free from any unnecessary obstruction.

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( j ) In the case of working platforms, gangways working places and stairways at a height exceeding

Mtr.(to be specified)

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(i ) every working platform and every gangway shall be closely boarded unless other adequate measures

are taken to ensure safety.

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(ii) every working platform and every gangway shall have adequate width, and

Zf NZ[S SFRF DF\R0F VG[ HJF v VFJJF DF8[GF 5Fl8IF4 5]ZTL 5CM/F. JF/F CMJF HM.V[4 VG[

(iii) every working platform, gangway, working place and stairway shall be suitably fenced.

#f NZ[S SFRF DF\R0F VG[ HJFvVFJJF DF8[GF 5Fl8IF\ SFDGL HuIF VG[ ;L0LVMG[ IMuI S9[ZF CMJF HM.V[P

(k) Every opening in the floor of a building or in a working platform shall, except for the time and to the

extent required to allow the access of person or the transport or shifting of materials be provided with

suitable means to prevent the fall of persons or material.

s0f DF6;M VFJL H. XS[ VYJF DF,;FDFGL C[ZO[Z Y. XS[ S[ V[S :Y/[YL ALH[ :Y/[ ,. H. XSFI T[8,F JBT VG[ T[8,F 5]ZTL DSFGGL

OZ; S[ SFRF DF\R0F 5ZGL 5|tI[S B]<,L HuIF 5Z V[JF IMuI ;FWGM D]SL ZFBJF S[ H[YL SM. DF6; S[ DF,;FDFG 50L G HFIP

(I)When persons are employed on a roof where there danger of falling from a height exceeding

Mtr.(to be specified ) meters suitable precaution shall be taken to prevent the fall of persons or material.

s-f HIF\YL 50L HJFGM EI CMI T[JL #P__ sH6FJJLf DL8ZYL JW] p\RF.GF KF5ZF\ 5Z DF6;MG[ SFD[ ZFBJFDF\ VFjIF CMI tIF\YL DF6;M S[

DF,;FDFG 50L G HFI T[ DF8[ ;FJR[TLGF IMuI 5U,F\ ,[JFGF ZC[X[P

(m) Suitable precautions shall be taken to prevent persons being struck by articles which might fall from

scaffold or other working places.

sTf 5F,BM S[ SFDSFHGL ALHL HuIFVM 5ZYL 50[ T[JL RLHJ:T]VMYL DF6;G[ .HF G YFI T[DF8[ ;FJR[TLGF\ IMuI 5U,F\ ,[JFP

(n) Safe means of access shall be provided to all working platforms and other working places.

sYf AWF SFRF DF\R0F VG[ SFDGL ALHL HuIFVMV[ ;C[,F.YL HJF DF8[ ;,FDT DFUM"GL HMUJF. SZJFGL ZC[X[P

CLAUSE 21B : The contractor shall comply with the following regulations as regards the hoisting

appliances to be used by him

B\0 Z!P BP SMg8=FS8Z JHG pRSJFGF ;FWGM JF5Z[ T[ ;A\WDF\ T[6[ GLR[GF lGIDMG]\ 5F,G SZJFG]\ ZC[X[P

(a) Hoisting machines and tackle including their attachments, anchorages and supports shall –

sSf JHG pRSJFGF I\+M VG[ UZU0LJF/F I\+4 T[DGL ;FY[GF HM0F6M4 ,\UZ DF8[GF ;FDFG VG[ 8[SF GLR[ D]HAGF CMJF HM.X[ ov

(i) be of good mechanical construction, sound material and adequate strength and free from patent

s!f ;FZL IF\l+S ZRFGFJF/F\4 DHA]T J:T]GF T[DH 5]ZTL TFSFTJF/F VG[ N[BLTL SM. BFDL lJGFGF VG[

(ii) be kept in good repair and in working order

Zf ;FZL N]Z:T CF,TFD\F VG[ RF,] l:YlTDF\ ZFBJF HM.X[P

(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of suitable

quality and adequate strength and free from patent defect.

sBf DF,;FDFGG[ p\R[ R0FJJF S[ GLR[ pTFZJF VYJF ,8STM ZFBJFGF ;FWG TZLS[ J5ZFT] NMZ0]\ IMuI HFT]\ VG[ 5]ZTL DHA]TF.JF\/]\ T[DH

N[BLTL ZLT[ BFDL lJGFG]\ CMJ]\ HM.V[P

(c) Hoisting machines and tackles shall be examined and adequately tested after erection on the site and

before use and be re-examined in position at intervals to be prescribed by RFO-in-charge.

sUf JHG pRSJFGF\ I\+M VG[ UZU0LJF/F I\+G[ SFDGF :Y/[ UM9jIF AFN VG[ p5IMUDF\ ,LWF 5C[,F T5F;L HM.G[ 5]ZTF 5|DF6DF\ RSF;L

,[JFGF ZC[X[4 T[DH CJF,FGF 5PJPVP lGIT SZ[ T[JF\ ;DIF\TZ[4 UM9J[,L l:YTLDF\ T[GL O[Z T5F; SZJFGL ZC[X[P

(d) Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering materials or as a

means of suspension shall be periodically examined.

sWf DF,;FDFG p\R[ R0FJJFGF S[ GLR[ pTFZJFGF S[ ,8STM ZFBJFGF ;FWG TZLS[ J5ZFTF 5|tI[S ;F\S/4 ZL\U4 VF\S0M S0L4 GS]RF VG[

5],La,MS JBTMJBT T5F;JFP

(e) Every crane driver or hoisting – appliance operator shall be properly qualified.

[ G v 0=F.JZ S[ JHG pRSJFGF I\+GF RF,S IMuI ,FISFTJF/F CMJF HM.V[P

(f) No person who is below age of 15 years shall be in control of any hoisting machine, including any

scaffolds, nor shall give signals to the operator.

sKf !5 JQF"YL GLR[GL SM. 56 jIlSTG[ SM. 5F,S ;lCT JHG pRSJF SM. I\+GF lGI\+S TZLS[ VYJF VM5Z[8ZG[ lGXFGLYL ;]RGF

VF5JF4 SFD[ ZFBL XSFX[ GCLP

(g) In the case of every hoisting machine and of every chain, ring hook, shackle, swivel and pulley block

used in hoisting or lowering or as a means of suspension the safe working load shall be ascertained by

adequate means.

sHf JHG pRSJFGF 5|tI[S I\\+ VG[ DF,;FDFG p\R[ R0FJJFGF S[ GLR[ pTFZJFGF S[ ,8SFJL ZFBJFGF ;FWG TZLS[ J5ZFTL 5|tIS[ ;F\S/4

ZL\U4 S0L4 GS]RF VG[ 5],Lva,MSGL ;,FDT ZLT[ JHG p9FJJFGL XlST S[8,L K[ T[ IMuI ;FWGM J0[ GSSL SZJFG]\ ZC[X[P

(h) Every hoisting machine and all gears referred to in preceding regulation shall be plainly marked with

the safe working load.

shfVFU/GF lJlGDI H[DF\ H6FJ[, JHG pRSJFGF 5|tI[S I\+ VG[ AWFH lUIZ 5Z T[ ;,FDT ZLT[ S[8,]\ JHG p9FJL XS[ T[D K[P T[ RMbB]

,B[,] CMJ]\ HM.V[P

( i ) In the case of hosting machine having a variable safe working load, each safe working load and

conditions under which it is applicable shall be clearly indicated.

s8f H]NF\ H]NF\ JHG ;,FDT ZLT[ pRSL XSFTF4 pRSJFGF I\+ 5Z4 ;,FDT ZLT[ pRSL XSF\T] 5|tI[S JHG VG[ S. CF,TDF\ I\+G[ T[ ,FU]

50X[ T[ :5Q8 NXF"JJFG]\ ZC[X[P

( j ) No part of any hoisting machine or gear referred to in regulation ‘g’ above shall be loaded beyond the

safe working load except for the purpose of testing.

s9f p5ZGF lJlGID H[DF\ H6FJ[, JHG pRSJFGF SM. 56 I\+ S[ lUIZGF SM. 56 EFU 5Z RSF;6L DF8[ H~ZL CMI T[ l;JFI4 ;,FDT

JHG SZTF\ JW] JHG ,FNJ]\ GlCP

(k) Motors, gears, transmissions , electric wiring and other dangerous parts of hoisting appliances shall be

provided with sufficient safeguards.

s0f JHG pRSJFGF ;FWGGL DM8ZM4 lUIZ4 lJW]TJFCS ;FWGM4 JLH/LGF TFZ VG[ HMBDL EFU[ DF8[ 5]ZL ;,FDTLGL HMUJF. SZJFGL

( l ) Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the

accidental descent of the load.

s-f SM. JHG VS:DFT GLR[ ;ZSL 50[ T[J]\ HMBD VMKFDF\ VMK]\ ZC[ T[ 5|DFZGL SM.S ;UJ0 JHG pRSJFGF ;FWGDF\ SZJFGL ZC[X[P

(m) Adequate precautions shall be taken to reduce to minimum the risk of any part of a suspended load

becoming accidentally displaced.

sTf ,8STF ZFB[,F JHGDF\YL SM.56 EFU VS:DFT K]8M 50L HJFG]\ HMBD VMKFDF\ VMK]\ ZC[ T[ DF8[ 5]ZTL ;FJR[TL ZFBJFGL ZC[X[P

CLAUSE 22 : Measures for Prevention of Fire :

The contractor shall not set fire to any standing jungle, tree bush wood or grass without a written permit

from the RFO-in-charge.

When such permit is given, and also in all cases when destroying cut or dug up tree, bush wood, grass etc.

by fire, the contractor shall take necessary measures to prevent such fire spreading to or other-wise

damaging surrounding property.When such permit is given and also in all cases when destroying cut or

dug up tress, bush wood, grass etc. by fire, the contractor shall take necessary measures to prevent such

fire spreading to or other-wise damaging surrounding property.

CLAUSE 23 : Liability of contractors for any damages done in or outside work area :

Compensation for all damage done intentionally or unintentionally by Contractor’s laborers whether in or

beyond limits of Government property including any damage caused by the spreading of fire mentioned

in the clause 22, shall be estimated by the RFO-in-charge, or such other Officer as he may appoint and the

estimates of the RFO-in-charge, subject to the decision of the Superintending RFO, on appeal, shall be

final and the contractor shall be bound to pay the amount of the assessed compensation on demand,

failing which the same will be recovered from the Contractor as damages in the manner prescribed in

clause 1 or deducted by the RFO-in-charge from any sums that may be due or become due from

Government to the contractor under this contract or otherwise.

B\0 Z#P SFDGF lJ:TFZ VYJF T[GF ACFZ YI[, SM. 56 G]SXFG DF8[SMg8=FS8Z HJFANFZ CMJF AFAT

B\0 ZZDF\ H6FjIF 5|DF6[ VFU 5|;ZJFYL YI[, SM. 56 G]SXFG ;lCT SMg8=FS8ZGF DH]ZMV[ .ZFNF5]JS" S[ VHF6TF\ ;ZSFZL lD,STGL

CNGL V\NZ S[ ACFZ SZ[,F AWFH G]SXFGGF J/TZGM V\NFH CJF,FGF 5PJPVP VYJF V[D6[ GLD[,F ALHF SM. VlWSFZL SF-X[ VG[

CJF,FGF 5PJPVPGM VF V\NFH4 V5L, YI[4 VlW1FS 5PJPVPGF R]SFNFG[ VFlWG4 VFBZL U6FX[ VG[ DFU6L SZTF\ VFSFZFI[,L J/TZGL

T[JL ZSD R]SJJF DF8[SMg8=FS8Z A\WFI[, ZC[X[ VG[ T[D SZJFDF\ S;]Z SZX[ TM T[JL ZSD B\0 ! DF\ 9ZFJ[,L ZLT[ G]SXFGL TZLS[SMg8=FS8Z

5F;[YL J;], SZJFDF\ VFJX[ VYJF VF SMg8=FS8 C[9/ VgIYF ;ZSFZ 5F;[ ,[6L YTL S[ CJP 5KL ,[6L YFI T[JL ZSDDF\YL CJF,FGF 5PJPVP

The Contractor shall bear the expenses of defending any action or other legal proceeding that may be

brought by any person for injury sustained by him owing to neglect of precautions to prevent the spread

of the fire and he shall also pay the damages and cost that may be awarded by the court in consequence.

VFU 5|;ZTL V8SFJJF ;F~ ;FJR[TLGF 5U,F\ ,[JFDF\ YI[, A[NZSFZLG[ 5lZ6FD[ SM. jIlSTG[ YI[, .HF DF8[ 5U,F\ ,[ S[ ALHL SFG]GL

SFI"JFCL SZ[ TM T[GL ;FD[GF ARFJG]\ BR" SMg8=FS8Z[ EMUJJFG]\ ZC[X[ VG[ T[JL SFI"JFCLG[ 5ZL6FD[ SM8" TZOYL R]SFNM VF5TF\ T[ G]SXFGL VG[

BR" EZJFG]\ YFI T[ T[D6[ R]SJJFG]\ ZC[X[P

~l5IF V[S SZM0YL JW] ZSDGF JF.0GL\U VG[ :8= [ gWGL\ UGF SFDMDF\ NZ[ S :TZG] SMd5[ SXG jIJl:YT ZLT[ YFI T[ DF8[ GLR[GL

SFI"FJFCL VG] ;ZJFGL ZC[ X[P

Z$P! Z:TFGL SZJFGL 5CM/F.DF\ WFZFWMZ6 D]HA SMd5[ SXG YFI T[ DF8[ A[AL ZM,Z OZHLIFT ZLT[ ,FJL SMd5[SXG SZJFG]\ ZC[ X[ P

Z$PZ VFJF SFDMDF\ NZ[S :TZG] \ SMd5[SXG WFZFWMZ6 D] HA YI] K[ P T[ GL NZ[S ,[ IZ[ OZHLIFT56[ 0[ g;L8MDL8ZYL U| L0 5| DF6[ YIFGL

RSF;6L .HFZNFZ[ SZL T[G] ZHL:8Z lGEFJJFG] \ ZC[ X[P VFJL RSF;6L ;A\ lWT GFIA SFI"5F,S 5PJPVPzL VG[ DNNGLX q VlWS

DNNGLX 5PJPVPzLV[ 56 SZJFGL ZC[ X[ P .HFZNFZ[ SZ[ , SFDGL 0[ g;L8L 5]Z[5]ZL D?IF AFN H lS,IZg; V5FI VG[ tIFZAFN H

ALHF ,[ IZGL SFDULZL CFY WZFI T[ HMJFG]\ ZC[ X[ P .HFZNFZzLV[ T[D6[ SZ[, SFDULZL V\ U[ HIFZ[ 56 AL,GL R] SJ6L SZJFGL

YFI tIFZ[ p5ZMST ;] RJ[ , 5wWlT 5| DF6[ T[ SFD SZJFDF\ VFJ[ , K[ S[ S[ Dm T[GL BZF. ;A\ lWT VlW1FS 5PJPVPzL 5F;[ SZFjIF AFN

H AL,G] R] SJ6] \ SZJFDF VFJX[P

s DFPDPlJEFUGM 5lZ5+ એસએસઆરq !_q Z__( q!( q સી TFP૧૩/!_q Z__( TYF એસએસઆરq !_q Z_!૭/૫_/ સી TFP Z) q(q !૭ f

CLAUSE 25 : Deleted

CLAUSE 26 : Work not to be sublet. Contract may be rescinded and security deposit forfeited for

subletting it without approval or for bribing a public officer or if contractor becomes insolvent :

The contract shall not be assigned or sublet without the written approval of the RFO-in-charge. And if the

contractor shall assign or sublet his contract or attempt to do so or become insolvent or commence any

proceeding to get himself be adjudicated an insolvent or make any compromisation with his creditors, or

attempt to do so, the RFO-in-charge may, by notice in writing rescind the contract, Also if any bride,

gratuity , gift loan, perquisite, reward or advantage, pecuniary or otherwise, shall either directly or

indirectly be given, promised or offered by the contractor, or any of his servants or agents to any public

officer or person in the employ of Government in any way relating to his office or employment, or if any

such officer or person shall become in any way directly or indirectly interested in contract, the RFO-in-

charge may thereupon by notice in writing rescind the contract. In the event of contract being rescinded,

the security deposit of the contractor shall thereupon stand forfeited and be absolutely at the disposal of

Government and the same consequence shall ensure as if the contract had been rescinded under clause

hereof and in addition the contractor shall not be entitled to recover or be paid for any work therefore

actually performed under contract .

B\0 Z& o AF\WSFD 5[8F EF0[ G VF5JF AFAT 4 D\H]ZL lJGF 5[8F EF0[ VF5JFYL VYJF ;ZSFZL VlWSFZLG[ ,F\R VF5JF DF8[

VYJF SMg8=FS8Z GFNZ YI[YL SMg8=FS8 ZN YFI VG[ HFDL VGFDT H%T YJF AFAT o

CJF,F 5PJPVPGF l,lBT 5ZJFGUL l;JFI SMg8=FS8 SM.G[ V[;F.G SZL XSFX[ S[ 5[8FEF0[ VF5L XSFX[ GCL4 VG[SMg8=FS8Z T[DGM SMg8=FS8Z

V[;F.G SZX[ VYFJ 5[8FEF0[ VF5X[ S[ T[D SZJFGM 5|ItG SZX[ S[ GFNZ AGX[ S[ 5MTFG[ GFNZ SZFJJF DF8[GL SM. SFI"JFCL SZX[ S[ 5FTFGF

,[6JFZM ;FY[ SM. 5TFJ8 SZX[ S[ T[D SZJFGM 5|ItG SZX[ TM CJF,FGF 5PJPVP l,lBT GM8L; VF5LG[SMg8=FS8 ZN SZL XSX[P J/L SMg8=FS8Z

S[ T[DGF SM. GMSZ S[ V[Hg8 SM. ;ZSFZL VlWSFZLG[ VYJF ;ZSFZL GMSZLDF\C[GF SM. 56 jIlSTG[ T[GF CM–F S[ HMSZLGL ~V[ SM.56

5|SFZGL ,F\R4 Al1F;4 E[84 VG],FE4 .GFD S[ VFlY"S ALHF SM. 5|SFZGF ,FE 5|tI1F S[ 5ZM1F ZLT[ VF5X[4 VF5JFG]\ JRG VF5X[ S[

VF5JFGL T{IFZL ATFJX[ VYJF VFJF SM. VlWSFZL S[ jIlST 5|tI1F S[ 5ZM1F ZLT[ SMg8=FS8DF\ lCT WZFJTF YX[ TM CJF,FGF 5PJPVP l,lBT

GM8L; VF5LG[ SMg8=FS8 ZN SZL XSX[P VFJL ZLT[ SMg8=FS8 ZN YTF\ SMg8=FS8ZGL HFDLG VGFDT H%T YI[, U6FX[4 VG[ T[ ;\5]65 " 6[ ;ZSFZ

C:TS ZC[X[ VG[ VF SZFZGF B\0v# C[9/ HF6[ S[SMg8=FS8 ZN SZJFDF\ VFjIM CMI T[JF H T[GF 5lZ6FDM VFJX[ VG[ JW]DF\ SMg8=FS8 C[9/

BZ[BZ SZ[,F SM. 56 SFD DF8[ SM. ZSD J;], SZJFG[ S[ R]ST[ ,[JFGM SMg8=FS8ZG[ CSS ZC[X[ GlCP

CLAUSE 27: Sums payable by way of compensation to be considered as reasonable compensation

without reference to actual loss :

All sums payable by a contractor by way of compensation under any of these conditions shall be

considered as a reasonable compensation to be applied to the use of Government without reference to

the actual loss or damage sustained and whether any damage has or had not been sustained.

B\0 Z* o BZ[BZ UI[, BM8G[ ,1FDF\ ,LWF l;JFI J/TZ~5[ R]SJJFGL YTL ZSDG[ JFHAL J/TZ U6JF AFAT o

BZ[BZ BM8 S[ G]SXFGG[ ,1FDF\ ,LWF l;JFI VG[ SM. G]SXFG YI]\ CMI S[ G YI]\ CMI TM 56 XZTMDF\GL SM.56 XZT C[9/ SMg8=FS8Z[

J/TZ~5[ R]SJJFGL YTL TDFD ZSDG[ JFHAL J/TZ U6JFDF\ VFJX[ VG[ T[G[ ;ZSFZ DF8[ p5IMUDF\ ,[JFX[P

CLAUSE 28 : Change in the constitution of firm to be notified :

In the case of a tender by partners, any change in the constitution of a firm shall be forthwith notified by

the Contractor to RFO-in-charge for his information.

B\0 Z( o 5[-LGF A\WFZ6DF\ SM. O[ZOFZ YI[ T[GL HF6 SZJF AFAT o

EFULNFZMV[ 8[g0Z EI]" CMI T[ S[;DF\ 5[-LGF A\WFZ6DF\ SM. O[ZOFZ YTF\ SMg8=FS8Z[ CJF,FGF 5PJPVPG[ T[DGL HF6 VY[" T[JF O[ZOFZ V\U[ TZT

DFlCTUFZ SZJFGF ZC[X[P

CLAUSE 29: Works to be under directions of Superintending RFO :

All works to be executed under the contract shall be executed under the direction and subject to the

approval in all respects of Superintending RFO of the Circle for the time being, who shall be entitled to

direct at what point or points and in what manner they are to be commenced and from time to time

B\0 Z) o 5PJPVPGL ;]RGF C[9/ SFD SZJF AFAT o

SMg8=FS8 C[9/ SZJFGF AWFH SFD ;S",GF H[ T[ JBTGF 5PJPVPGL ;]RGF VG[ C[9/ TDFD AFATM DF8[ T[DGL D\H]ZLG[ VFWLG ZCLG[ SZJFGF

ZC[X[P VF SFD SIF :Y/[ S[ :Y/MV[ VG[ S[JL ZLT[ X~ SZJF JBTMJBT S[JL ZLT[ VFU/ W5FJJF T[ V\U[ ;]RGF VF5JF 5PJPVP CSSNFZ

CLAUSE 30 : (1) Disputes to be referred to Tribunal :

The disputes relating to this contract, so far as they relate to any of the following matters, Whether such

disputes arise during the progress of the work or after the completion or abandonment thereof, shall be

referred to the Arbitration Tribunal, Gujarat State.

(i)The rates of payment under clause 5 for any tools, materials and stores, in or upon the works of the site

thereof or belonging to the contractor or procured by him an intended to be used for execution of the

work or any part thereof possession of which may have been taken by the RFO-in-charge under the said

(ii) The Reduction in rates made by the RFO-in-Charge under clause 9 from the items of works not

accepted as completed fully in accordance with the sanctioned specifications.

(iii) The rate of payment for any class of work which is included in the additional or altered work carried

out by the contractor in accordance with the instructions of the RFO-in-Charge under clause 14 and the

rates for which is to be determined under the said clause

(iv) The rates of payment for materials already purchased or agreed to be purchased by the contractor

before receipt of notice given by the RFO-in-Charge under clause 15, and/or the amount of compensation

payable to the contractor under the said clause for loss in respect of such materials.

(v) The amount of compensation which the contractor shall be liable to pay under clause 17 in the event

of his failure to rectify, remove or reconstruct the work within the period specified in the written

intimation or the amount of expenses incurred by the RFO-in-Charge under the said clause 17 in

rectifying, removing or re-executing the work or in removing and replacing the materials or articles

complained of .

(vi) The reduction of rates as may be fixed by the RFO-in-Charge under clause 17 for the inferior work or materials

as accepted or made use of.

(vii) The amount of compensation payable by the contractor for damages as estimated and assessed under clause

(viii)The amount payable to the contractor for the work carried out under clause 33 in accordance with the

instructions and the requirements of the RFO-in-Charge in a case where there are no specifications .

(2) The provision of Section-21 of the GPWD dispute Arbi. Tribunal Act –92 & order issued by the Govt. in

connection with this Act will now apply for Arbitration (As per Government in N. & W.R.D. letter No.

(3) The provision of Arbitration Act .,shall in so far as they are inconsistent with the provision of this act cease of to

apply to any dispute arising from a works contract and all arbitration proceedings in relation to such dispute before

an arbitrator, court of authority shall stand transferred to the Tribunal.

(4) The awards declared by the arbitrator should be speaking award, giving reasons and calculations for every item

of claims. The decision will have to be implemented by all the departments of the State Government and Public Sector

Enterprises of Gujarat. (Resolution F. D. No. PB/1088/735/KT/Sachivalaya/Gandhinagar 5 October 1988.)

(5) Incase of dispute leading to the contractor or Government of Gujarat approaching to Court of Law, it shall be

within the jurisdiction where the site of work is situated.

(6) The reference to arbitration proceeding under this clause shall not

(i) affect the right of the RFO-in-charge under clause 5 to take possession of all or any tools plants

materials and stores in or upon the works of site thereof belonging to the contractor or procured by him

and intended to be used for the execution of the work or any part thereof.

(ii) Preclude the RFO-in-charge from utilising the materials purchased by the contractor in any work or

from removing such materials to other places, during the period the work is stopped or suspended in

pursuance of notice given to the contractor under clause

(iii) Entitle the contractor to stop the progress of the work or the carrying out the additional or altered

work in accordance with the provisions of clause 14 or as the case may be or clause

CLAUSE 31 : Deleted

CLAUSE 32 : Lump sum in estimates :

When the estimate on which a tender is made includes lump sum in respect of part of the work, the

contractor shall be entitled to payment in respect of the items of work involved or the part of the work in

question at the same rates as are payable under this contract for such items, or if the part of the work in

question is not in the opinion of the RFO-in-charge capable of measurement the RFO-in-charge may , as

his discretion, pay the lump sum amount entered in the estimate and the certificate in writing of the RFO-

in-charge shall be final and conclusive against the contractor with regard to any sum or sums payable to

him, under the provisions of this clause.

B\0 #Z o V\NFHDF\GL prRS ZSDMo

H[ V\NFHGF VFWFZ[ 8[g0Z T{IFZ SZJ]\ CMI T[DF\ HM SFDGF VD]S EFUM V\U[ prRS ZSDGM ;DFJ[X YTM CMI TM VFJL AFATM DF8[ VF SMg8=FS8

C[9/ R]SJJF5F+ CMI T[H NZ[4 YI[, SFDGL AFATM DF8[ pST SFDGF SM. EFU DF8[ R]SJ6L D[/JJF SMg8=FS8Z CSSNFZ ZC[X[4 VYJF

CJF,FGF 5PJPVPGF DT[ pST SFDGF T[ EFUG]\ DF5 ,. XSFI T[D G CMI4 TM CJF,FGF 5PJPVP 5FTFGF :JlJJ[S VG];FZ V\NFHDF\ GM\WFI[,L

prRS ZSD R]SJL XSX[ VG[ VF B\0GL HMUJF. C[9/ SMg8=FS8Z G[ R]SJJF5F+ YTL ZSD S[ ZSDMG[ ,UT]\ CJF,FGF 5PJPVPG]\ l,lBT

5|DF65+ T[GF DF8[ VFBZL VG[ lG6F"IS ,[BFX[P

CLAUSE 33 : Action where no specifications :

In the case of work for which there is no such specification, such work shall be carried out tin accordance

with the Divisional Specification and in the event of there being no Divisional Specifications, then, in such

case the work shall be carried out in all respects in accordance with the instructions and requirements of

the RFO-in-charge.

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CLAUSE 34 : Definition of work :

The expression “work” or “works” where used in these conditions shall, unless, there be something in the

subject or context repugnant to such construction to mean the work, or the works, contracted to be

executed under or in virtue of the contract, whether temporary or permanent and whether original,

altered, substituted or additional .

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CLAUSE 35 : Contractor's percentage whether applied to net or gross amount of the bill

Percentage referred to in the tender shall be deducted from / added to the gross amount of the bill

before deducting the value of any stock issued. (This clause shall be applicable only for B-1 tender )

CLAUSE 36 : Non refund of quarry fees & Royalties :

The contractor shall pay the royalty to the competent authority / local body as per rules. The contractor

shall furnish quarterly the statement showing quantity of quarried materials, from whom purchased (

with full address of the seller ) and copies of bills for purchase to the District Officer of the Mining and

Geology Department or authority competent to levy royalty in the area of work. Contractor shall also

furnish such additional information as regard royalty payment to the royalty authority. The royalty

charges paid shall be borne by the Contractor and shall not be reimbursed by the Deputy Conservator of

Forest (Authority :- R & BD Circular No. TNC – 2286 – UO – 39 (19) – C dated 23-10-1989.)

Clause 37: Compensation under the workmen’s compensation Act :

The contractor shall be responsible for and shall pay compensation to his workman payable under the

Workman’s Compensation Act. 1923 (VIII of 1923) hereinafter called the said Act) for injuries caused to

the workman. If such compensation recoverable by Government as principal under sub-section 12(1) of

the said Act on behalf of the Contractor it shall be recoverable by Government from the contractor under

sub section 12(2) of the said section. Such compensation shall be recovered in the manner laid down in

clause 1 above.

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The Contractor shall be responsible for and shall pay the expenses of providing medical aid to any

workmen who may suffer a bodily injury as a result of an accident. If such expenses are incurred by

Government, the same shall be recoverable from the contractor for with and be deducted, without

prejudice to any other remedy of Government from amount due or that may become due to the

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The contractor shall provide all necessary personal safety equipment and first aid apparatus available for

the use of the person employed on the site and shall maintain the same in suitable condition for

immediate use at any time and shall comply with the following regulations in connection therewith.

The workers shall be required to use the equipment so provide by the Contractor and Contractor shall

take adequate steps to ensure proper use of the equipment by those concerned.

When work is carried on in approximates to any place where there is a risk of drowning all necessary

equipment shall be provided and kept for use and all necessary steps shall be taken for the prompt

rescue of any person, in danger.

Adequate provision shall be made for prompt first aid treatment of all injuries to be sustained during the

course of the work.

The quantities shown in the tender are approximate and no claim shall be entertained for quantities of

work executed being less than those entered in the tender. In the case of increase in the quantities by

more than 10% the new rate will be paid to the contractor for the quantities in excess of 10%. The rates

for the increased quantities as aforesaid will be fixed in the manner specified in clause –

Clause 39 : Employment of famine or other labour :

The contractor shall employ any famine, convict or other labour or particular kind or class, if ordered in

writing to do so by the RFO-in-charge.

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No compensation shall be allowed for any delay caused in the starting of the work on account of delay in

making available the full site of land at a time.

No claim for compensation shall be allowed for any delay in execution of the work on account of water

standing in borrow pits or compartment. The rates are inclusive of hard or cracked soil, excavation in

mud, sub soil water or water standing in borrow-pits and no claim for an extra rate shall be entertained

unless otherwise expressly specified.

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Clause 42 : Entering upon or commencing any portion or work :

The Contractor shall not enter upon or commence any portion or work except with the written authority

and instruction of the RFO-in-charge or of his subordinate in charge of the work. Failing such authority,

the Contractor shall have no claim to ask measurement of or payment for work.

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Clause 43 : Minimum age of person employed :

(I) No Contractor shall employ any person who is under the age of 18 years.

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Clause 43(1) (A) :

The employment of donkeys and / or other animals and the payment of fair wages : For Asphalt work(s)

as far as possible, only the adult persons should be employed by the contractor. If the adult person are

not available, then the children below the age of 15(Fifteen years ) should not be employed under any

(ii)No contractor shall employ donkeys or other animals with branching of string or thin rope. The

branching must be at least three inches wide and should be of tape (Newer).

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(iii)No animal suffering from stores, lameness or emaciation or which is immature shall be employed on

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(iv) The RFO-in-charge or his agent is authorised to remove from the work any person or animal found

working which does not satisfy these conditions and no responsibility shall be accepted by Government

for any delay caused in the completion work by such removal.

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(v) The Contractor shall pay fair and reasonable wages to the workman employed by him in the contract

undertaken by him in the event of any dispute arising between the Contractor and his workmen on the

grounds that the wages paid are not fair and reasonable, the dispute shall be referred without delay to

the RFO-in-charge who shall decide the same. The decision of the RFO-in-charge shall be conclusive and

binding on the Contractor , but such decision shall not in any way affect the conditions in the contract

regarding the payment to be made by Government at the section tender rates.

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(vi) Government at the sanctioned tender rates.

The contractor shall provide drinking water facilities to the workers/ laborers employed on Government

works Amenities relating to sanitation shall also be provided to the workers/laborers employed on works

(in urban areas) . if the contractor fails to comply with these provisions, the RFO-in-charge shall give

notice in writing and if the contractor does not provide this facility to the workers/ laborers within a

period of ten days from the date of the notice in writing, the RFO-in-charge shall thereupon make the

arrangement for drinking water at the cost of the contractor.

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(vii) The Contractor shall provide the amenity of proper shade and shelter to the workers/ labourers and

their children on Government works as soon as the work starts. If the contractor fails to provide shed and

shelter, the RFO-in-charge shall provide the same at the cost of contractor.

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Clause 44 : Method of payment :

Payment to contractor shall be made by cheque drawn on any treasury within the division convenient to

them, provided the amount exceeds Rs. 10 Amount not exceeding Rs. 10 will be paid in cash.

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Clause 44 A : Any sum of money due and payable to the Contractor (including the security deposit

returnable to the contractor) executing any Government work or work of any District Panchayat wholly

financed as grant-in-aid under this contract shall be appropriated by any District Panchayat / Government

and shall be set off against any claim of the Government/District Panchayat of Gujarat state by the

District Panchayat of Gujarat State/Government for the payment of a sum of money arising out or under

any other contract made by the contractor with the Government/District Panchayat of Gujarat State for

the work wholly the contractor against any claim of the Government / District Panchayat of Gujarat

state is available, such a recovery shall be made from the contractor as arrears of land revenue.

Clause 45 : Deleted

Clause 46 : Employment of scarcity labour :

If Government declares a state of scarcity or famine to exist in any village situated within 16 kilometers of

the work, the Contractor shall employ upon such parts of the work, as are suitable for unskilled labour,

any person certified to him by the RFO-in-charge or by any persons to whom, the RFO-in-charge may

have delegated this duty in writing to be in need of relief and shall be bound to pay to such persons,

wages not below the minimum which Government may have fixed in this behalf. Any disputes which may

arise in connection with the implementation of this clause shall be decided by the RFO-in-charge whose

decision shall be final and binding on the contractor.

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Clause 47: Deleted

Clause 48: The rates to be quoted by the Contractor must be inclusive of all taxes prevailing on due date

of bid submission.

However any subsequent changes in the tax structure by Government after due date of bid submission

will be compensated(+-) on availability or submission of actual documentation. Contractor has to intimate

RFO in charge regarding changes occurred in the tax structure after bid submission. If contractor fails to

provide such information and if any financial obligation may arise due to change in tax structure, same

will be recovered from the contractor.

The contractor shall apply fair means of stock maintenance and shall adopt accounting standards as may

be prescribed under GST. For arriving at the difference in procurement prices due to introduction of GST,

it will be open for the Government to ask for original invoices, LR, weigh bridge slips, payment details and

such other documents as may be required for the purpose.

If there is reduction in overall tax burden then proportional benefit of that shall be passed on to the

(Govt. of Gujarat Letter No. TNC /10 /2017 / 01 / C Dt.29/8/2017)

Clause 49 : The Contractor should, as far as possible , obtain his requirement of laborers skilled and unskilled , from

the nearest Employment Exchange so as to utilize the local employment potential. If there are no local Employment

Exchange or such Exchanges are not able to provide the required labour locally, suitable laborers should be utilised

to the maximum extent possible.

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Clause 50 : Fair Wages :

If a Contractor fails to pay within ‘7’ (Seven) days to the laborer(s) /worker(s) the minimum wages

prescribed by the Government under the Minimum Wages Act. 1948 as in force from time to time, the

RFO-in-charge shall be at liberty to deduct the amount payable to the laborer/ workers from his

(Contractors) bills or deposit(s) payable by the Contractor after making due inquiries and establishing the

claim(s) of the laborer(s) /Workers(s).

The contractor shall not be entitled to any payment of compensation on account of any loss that the

Contractor may have to incur on account of the action as aforesaid. Before the action as aforesaid, is

enforced, a notice in writing to the Contractor shall be issued by the RFO-in-charge to pay the wags as per

Minimum Wages Act in force at the relevant time. If Contractor does not act as aforesaid within seven

days, then the action contemplated as above shall be taken against him.

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Clause 51 : Deleted

Clause 52 : List of Machinery :

The contractors shall also give a list of machineries in his possession and which they purpose to use on

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Clause 53 : (I) In case , the roller deployed by Department for the use on contract work is kept idle by the

contractor for want of adequate labour and materials, the contractor will have to pay rental charges as

per prevailing rules even though the items of rolling and watering are to be carried out by the

(ii) If the contractor does not plan his programme so as to suit the requirement of the Department, the

proportionate rental charge on roller shall be recovered from the contractor.

Clause 54 : Local labour on normal rates :

The contractor shall have to engage local labour and person seeking employment where available on

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Clause 55 : Rent will be recovered from the contractor for the land given to them for stacking materials

as well as for construction of temporary hutments etc.

Land measuring Charges

1. One hectare or less Rs. 05 Per month

2. More than 1 hectare & upto 2 hectares Rs.10 per month

3. More than 2 hectare & upto 3 hectares Rs.15 per month

4. More than 3 hectare & upto 4 hectares Rs.20 per month

Clause 56 : The contractor shall employ only such labour who shall produce a valid certificate of having

been vaccinated against covid-19 within a period of last three years.

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Clause 57 : 1 Huts : The contractor shall build sufficient number of huts on a suitable plot of land for the use of the

laborers according to the following specifications.

(1) Huts of bamboos and grass may be constructed.

(2) (2) A good site shall be selected. High ground removed form jungle but well provided with tress shall be chosen

wherever it is available. The neighborhood of rank jungle, grass or weeds should particularly be avoided. Camps

should not be established close to large cuttings of earth work.

(3) The lines of huts shall have open spaces of at least 10 m. between rows. When a good natural site cannot be

procured, particular attention should be given to the drainage.

(4) There should be no over-crowding. Floor spaces at the rate of 2.8 Sq.m. per head shall be provided. Care should

be taken to see that the huts are kept clean and in good order.

(5) The contractor must find out his own land. If he wants Government land, he should apply for it and pay

assessment for it.

2. Drinking Water : The contractor shall as far as possible, provide an adequate supply of chlorinated pure potable

drinking water for the use of laborers. This provision shall be at the rate of not less than 4.5 liters per head. No

provision need-be made where there is a suitable nala, river or well within 0.4 km of the camp. However

arrangement should as far as possible, be made to chlorinate water by chlorinated tables fore it is allowed for

drinking purpose.

3. The contractor shall construct semi permanent latrines for the use of Laborers on the following scale, namely

(a) Where female are employed , there shall be at least one latrine for every 25 females (b) Where males are

employed there shall be at lest one latrine for every 25 males provided that where the number of males or

female exceed 100, it shall be sufficient if there is one latrine for every 25 males or females , as the case may be

upto the first 100 and one for every 50 thereafter.

4. Privacy in latrines : Every latrine shall be under cover and so partitioned off as to secure privacy , and shall

have a proper door and fastenings.

5. Notice to be displayed outside latrines and urinals : (1) Where workers of both sexes are employed there shall

be displayed outside each block of latrine and urinal a notice in the language understood by the majority f the

workers For Men Only or For Women Only : as the case may be. (2) The notice shall also bear the figures of a

man or of a women, as the case may be .

6. Urinals : There shall be at least one urinal for male/female workers upto 50 employed at a time . Provided that

where the number of male or female workmen, as the case may be, exceeds 500, it shall be sufficient if there is

one urinal for every 50 males or females upto the first 500 and one for every 100 males or females or part

7. Latrines and Urinals to be accessible : (1) The latrines and urinals shall be conveniently situated and accessible

to workers at all times at the establishment . (2) (I) The latrines and urinals shall be adequately lighted and shall

be maintained in a clean and sanitary condition at all times (ii) Latrines and urinals other than those connected

with a flush sewage system shall comply with the requirements of the Public Health Authorities.

8. Water for latrines and urinals : Water shall be provided by means of pipes or tanks or the rise, so also be

conveniently accessible in or near the latrines and urinals.

9. Bathing and washing places : (1) The contractor shall construct sufficient number of bathing places every unit

of 20 persons being provided with a separate bathing place. (2) Washing places should also be provided for the

purposes of washing clothes. Every unit of 30 persons shall have at least one washing place. (3) such bathing

and washing place should be suitably screened and separate places provided for male and female workers . (4)

Such facilities shall be conveniently accessible and shall be kept in clear and hygienic condition.

10. Drainage : The contractor shall make sufficient arrangement for draining away the sewerage water as well as

water from the bathing and washing places and shall dispose off this waste water in such as way as not to cause

nuisance. The contractor should obtain a permission from the Gujarat Water Pollution Control Board,

Gandhinagar if Water is so be drained in river or near the well . The contractor would put malaria oil once in a

week in stagnant water round about the residence.

11. Medical facilities : The contractor shall engage a medical officer with a traveling dispensary for a camp having

500 or more persons if there is no Government or other private dispensary situated within 6 k.m. from the

12. Conservancy and cleanliness: The contractor shall provide the necessary staff for effecting the satisfactory

conservancy and cleanliness of the camp to the satisfaction of the RFO-in-charge . At least one sweeper per

persons should be engaged. Conservancy staff should dump refuge in compost pit, away from the labour camp.

13. Health Provisions : The District Health Officer of the District or the Deputy Director of Health Service shall be

consulted before opening a labour camp and his instructions on matters, such as the water supply, sanitary

convenience, the camp-site, accommodation and Flood supply shall be followed by the contractor.

14. Precautions against epidemic : (a) The authorities in charge of the colonies should get the laborers inoculated

against cholera and plague and vaccinated against smallpox at the time or recruitment , if they are not

inoculated or vaccinated within 6 months or 3 years respectively prior to the date of recruitment. (b) When, in

any labour camp there is an epidemic disease or is threatened with such an outbreak, the authorities in charge

of the labour camps should ensure that all the inmates of the labour colonies are inoculated or vaccinated as

the case may be , depending on the diseases, within 72 hours after the outbreak. (c) The authorities in charge

of the labour colony should arrange to communicate by wire regarding the outbreak of the epidemic diseases

on the very day of the outbreak, of the Mamlatdar of the Taluka, the District Health officer or to the Deputy

Director of Public Health in charge of that area and the Director of Public Health. Thereafter they should

continue to send daily reports to the above officers in the prescribed form regarding the progress of the

epidemic disease. (d) When the authorities in charge of the labour colony suspect or have reason to believe

that any immediate of the labour colonies is suffering from the infectious or contagious disease , they shall

forthwith arrange for the segregation of such persons to isolated huts to be specifically provided for the

purpose and also for their treatment (e) As regional malaria epidemic outbreaks are likely to occur in such

project areas, the authorities in charge of the labour colonies should report promptly the occurrence of unusual

incidence of cases of malaria and also inform the District Health Officer of the District, Deputy Director of Public

Healthy (Malaria) and the Director of Public Health and also arrange to institute all necessary anti malarial

measures as may be advised by the officials of the Public Health Department.

(t) The authorities in charge of the colonies should also arrange to carry out any other measures that may be

recommended by the officials of the Public Health Department necessary to prevent or control the spread of

15. Rest rooms: (1) In every place where in contract labour is required to halt at night in connecting with the

contract works and in which employment of contract labour is likely to continue for three month or more, the

contractors shall provide and maintain rest rooms or other suitable alternative accommodation within fifteen days

of the employment of contract labour.

(2) If the amenity referred to in sub rule is not provided by the contractor within the period prescribed, the

employer shall provided the same within a period of fifteen days of the expiry of the period laid down in the

(3) Separate rooms shall be provided for women employees.

(4) Effective and suitable provision shall be made in every rooms for securing and maintaining adequate ventilation

for the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or

artificial lighting.

(5) The rest room or other suitable alternative accommodation shall be of such dimensions as to provide at least a

floor area or 1. Sq. mt. For each person making use of rest rooms.

(6) The rest room or other suitable alternative accommodation shall be so constructed as to afford adequate

protection against heat, wind, rain, and shall have smooth, hard and impervious surface.

(7) The rest rooms or other suitable alternative accommodation shall be at a convenient distance from the

establishment and shall have adequate supply of whole some drinking water.

16.Canteen Facilities : (1) In every establishment of contract work and wherein work regarding the employment of

contract labour is likely to continue for six months and wherein contact labour numbering one hundred or more are

ordinarily employed, the adequate canteen facilities shall be the contractor for the use of such contract labour

within sixty days of the commencement of the employment of contract labour.

(2) If the contractor fails to provide the canteen facilities within the time limit laid down the same shall be provided

by the principal employer within sixty days of the time allowed to the contractor.

(3) The canteen shall be maintained by the contractor or principal employees as the case may be in an efficient

17. Accommodation in canteen : (1) The canteen shall consist of at least dining hall, kitchen, storeroom, pantry, and

washing places separately for worker and for utensils.

2 (I) The canteen shall be sufficiently lighted at all times where any person has access to it.

(ii) The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or color-

washed at least once in each year, provided that the inside walls of the kitchen shall be lime-washed every four

3 (I) The premises of the canteen shall be maintained in clean and sanitary condition.

(ii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as cause

(iii) Suitable arrangements shall be made for the collection and disposal of garbage.

18. Accommodation in dining hall : (1) The dining hall shall accommodate at a time, atleast 30% of the contract

labour working at a time.

(2) The floor area of the dining hall excluding the area occupied per dinner to be accommodated shall as prescribed

in sub rule (1)

(3) (I) A portion of the dining hall and service counter shall be partitioned and reserved for women workers, in

proportion to their numbers. (ii) Washing places for women shall be separate and screened to secure privacy.

(4) Sufficient table, stools, chairs or benches shall be available for the number of diners to be accommodated as

prescribed in sub rule

19. Equipment in canteen : (I) There shall be provided and maintained sufficient utensils, crockery , cutlery,

furniture and any other equipment necessary for the efficient running of the canteen.

(ii) The furniture utensils and other equipment shall be maintained in a clean and hygienic condition.

(2) (I) Suitable clean cloths for the employees serving in the canteen shall also be provided and maintained.

(ii) A service counter, if provided , shall have a top of smooth and impervious materials.

(iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and

20. Flood stuff to be served : The Flood stuff and other items to be served in the canteen shall be in conformity

with the normal Flood habits of the contract labour.

21. Prices to be displayed : The charges for Flood stuffs, beverages and any other item served in the canteen shall

be based on “no profit, no loss” and shall be conspicuously displayed in the canteen.

22. Canteen to be run on “No profit no loss” basis : In deriving the prices of Flood stuffs and other articles served in

the canteen, the following items shall not be taken into consideration as expenditure, namely.

(a) the rent for the land and building.

(b) The depreciation and maintence charges for the building and equipment provided for in the canteen.

(c) The cost of purchase, repairs and replacement of equipment including furniture, crockery, cultery and utensils.

(d) The water charges and other charges incurred for lighting and ventilation.

(e) The interest on the amount spent on the provisions and maintenance of furniture and equipment provided for

in the canteen.

The local officers should check up whether, facilities as offered and which are admissible under the

existing rules and orders are made available to the workers and enforce upon the contractors the

necessity of adhering to the instructions for promotion of welfare of the workers according to the terms

of the contract .

23.-BOOKS OF ACCOUNTS AND REGISTRES OF THE CANTEEN : The books of accounts and registers and

other documents used in connection with the running of the canteen shall be produced on demand to an

24.-AUDIT OF THE ACCOUNTS OF THE CANTEEN : The accounts pertaining to the canteen shall be audited

once every 12 months by registered accountants and auditors. Provided that the Labour Commissioner

may approve of any other person to audit the accounts; if he is satisfied that it is not feasible to appoint a

registered accountant and auditor in view of the site or the location of the canteen.

CLAUSE 58 : Contractor shall have to arrange for the supply of gumboots. Hand gloves, mask etc.

invariably to the laborers/workers engaged by the contractor on asphalt work.

CLAUSE 59 : The Contractor shall not show any distinction between Harijan and other class of laborers /

workers employed to carry out the Government work.

CLAUSE 60 : Price variation clause : Price variation :

For (A) Labour (B) Materials and (C) P.O.L. The amounts payable to the Contractor for the work done shall

be adjusted for increase or decrease in the rates of (A) Labour (B) Materials excepting those materials

supplied by Government as per Schedule-A and cement, steel and asphalt and (C) P.O.L. as under :

(A) Labour : Increase or decrease in the cost due to Labour shall be calculated quarterly in accordance

with the following formula.

Vl = Increase or decrease in the cost of work during the quarter under consideration due to change in

rates for labour.

R = The value of work done in rupees during the quarter under consideration, after excluding the value of

extra items and after deducting the cost of.

(i)-Materials supplied from the Departmental store to the Contractor at fixed rate as specified in schedule

(ii) Value of cement, steel and asphalt brought by the contractor valued at star rate plus the

increase/decrease for which price adjustment is done under clause 59 / A below :-

io = The average consumer price index for industrial workers for the quarter in which tenders were

i = The average consumer price index for industrial workers for the quarter under consideration.

pl = Percentage of labour components ( specified in Schedule i.e % Labour )

* This refers to average consumer’s price-index (wholesale) for industrial workers as applicable to

Ahmedabad as published by Government of India, Ministry of Labour Bureau.

(B)Materials other than Cement, Steel and Asphalt: The increase or decrease in cost of materials other

than cement, steel and asphalt shall be calculated quarterly in accordance with the following formula:

Vm = Increase or decrease in the cost or work during the quarter under consideration due to charge in the rates of

R = The value of work done in rupees during the quarter under consideration, after excluding the value of extra

items and after deducting the cost of.

(i) Materials supplied from the Department store to the Contractor at fixed rates as specified in schedule – A.

(ii) Value of cement asphalt and steel brought by the contractor valued at star rate plus the increased / decrease for

which price adjustment is done under clause 59/A below :-

io : The average wholesale price index * (all commodities) for the quarter in which tenders were opened as

i = The average wholesale price index ( all commodities) for the quarter under consideration.

pm= Percentage of material component ( specified in schedule…i.e. % ) of item.

@ = For materials wholesale price index as published by Reserve Bank of India should be referred to.

(C) P.O.L. : The increase or decrease in the cost of petrol, diesel, oil, and lubricants shall be calculated quarterly in

accordance with the following formula.

Vd = Increase ir decrease in cost of work during quarter of consideration due to change in rates of petrol, oil and

lubricants (POL)

R = The value of work done in rupees during the quarter under consideration, after excluding the value of extra

items and after deduction the cost of.

(i)-Materials supplied from the Department store to the Contractor at fixed rate as specified in schedule –A and

(ii) which price adjustment is done under sub-clause 59/A below :-

Do = The average price of high speed diesel (HSD) fixed by I,O.C. for the district in which the work is to be carried

out for the quarter in which the tenders were opened.

D = The average price of HSD fixed by the I.O.C. for the district in which the work is to be carried out for the quarter

under consideration.

pd = Percentage of P.O.L. Component (specified in schedule) of the item. i.e. %Conditions for variation except for

Cement, Steel and Asphalt:

(1) No adjustment shall be done for the work done in the first twelve months of the time limit. Adjustment

payable / recoverable will be calculated for the remaining work done during the subsequent period.

(2) The sum total price adjustment for A,.B, and C will be limited to 5.00 % of the estimated cost of work put to

tender less the cost of Materials supplied from the Departmental store to the Contractor at fixed rate as

specified in schedule-A and cement, steel and asphalt valued at input rates mentioned as under on which the

sanctioned estimate is based. When clause 60A(B1) 59A (b2) is not deleted.

Quantity Input rate per ton

Cement : M.T Rs........ 4756 Per M.T.

High Tensile STeel : M.T Rs........ Per M.T.

HYSD Bars : M.T Rs.…… Per M.T.

TMT Fe-500 Bars : M.T Rs.…… 36000 Per M.T.

Asphalt: 80/100 M.T Rs...... Per M.T.

(3) The quarter referred to in the above formula shall mean the quarter of the calender year January to March,

April to June, July ot September and October to December. Even if the tenders are opened in the middle of a

quarter, the average index for the calender quarter will be considered. The same principle would apply for

identifying the quarter when the work is completed in the middle of calender quarter.

(4) The value of extra items will be excluded for working out the value of ‘R’ in the above formula in all these cases.

(5) Intermediate payment of escalation to be made under this clause on each occasion shall be limited in such a

manner that the total up-to-date payment of escalation will not exceed the proportionate percentage of the

ceiling of calculation as related to the proportionate value of the contract cost.

(6) Price adjustment shall be applicable only for the work that is carried out within the stipulated time or

extensions thereof as are not attributable to the contractor. No claim for price adjustment other than those

provided herein shall be entertained.

(7) This clause will be applicable in respect of works which of the estimated cost put to tender is above Rs.25.00

lacs and the time limit involved is more than 12 months.

Clause 60 A : Price Variation for Cement Steel and Asphalt brought by Contractor :

The amounts payable to the contractors for the work done involving use of cement, steel and asphalt when these

materials are not supplied by the Government as for schedule A shall be adjusted for increase or decrease in the

rates of these materials as under :-

(4) Price variation for cement, steel and asphalt brought by the Contractor

The star rates for cement, mild steel , for steel and asphalt to be brought by the Contractor shall be considered Ex-

supply Depot/ Godown as under.

QUANTITY STAR RATES

Cement: M.T Rs Per M.T. Month in which

Mild Steel: M.T Rs........ Per M.T. DTP is approved

TMT Bars: M.T Rs Per M.T.

Asphalt (80/100): M.T Rs..... Per M.T.

The above star rates are linked with Reserve Bank of India price index for steel and cement for the month in which

the DTP s is approved. The star rate for asphalt will be based on the rate of Koyli Refinary prevailing on the date on

which the estimate is prepared.

The month in which DTP are approved will be specified in the tender document.

Star rates should be mentioned in the tender copy as under:-

i. For Cement, Price of cement from authorised dealer should be obtained for the month in which the DTP s

are approved & mentioned as star rate before issue of tender copy.

ii. (a) For steel & H.Y.S.D. bars, rate of SAIL should be obtained for the month in which the DTP s are

approved and mentioned as star rate before issue of tender copy.

ii(b) for asphalt the star rate is based on the koyali refinery prevailing in the month in which D.T.P. is approved

and should be mentioned before issue of tender copy.

iii. For basic index specific month in which the DTP s are approved should be mentioned before. issue of

tender copy. The fluctuations in rates of cement and steel shall be adjusted in the bills payable to the

contractors as under :

A = Difference of Amount payable or recoverable

B = Star rate of steel / cement / Asphalt

C1 – The (Quarterly) average corresponding index of steel, cement for the quarter under consideration ( as

published in monthly bulletin or Reserve Bank of India ) .

C0.- Price index of cement/steel for the month in which the DTPS are approved published in monthly bulletin of

Reserve Bank of India ).

D- Qty. of cement/steel actually brought by the contractor on site of work and consumed in the work during the

quarter duly supported with bill as recorded in cement consumption register or MB (for steel ).Conditions for

variation in prices of cement and steel only :-

1. No Ceiling for escalation for difference in the cost of steel and cement will be applicable.

2. This clause shall be operative from the date of issue of work order and up to the expiry of original and extended

3. This formula shall be used individually for cement/mild steel and Tor steel for calculating adjustment.

4. The cement and steel brought by the contractor on site of work shall be used only after the same is tested by

the Department.

5. If such materials are not found as per the requirement of I.S. specification, the same shall be removed by the

contractor for which no claim shall be entertained.

6. This clause will be applied to the work irrespective of the cost of work ( vide R & B D.G.R. No TNC /1089/(4) /C

Conditions for variation in rates of asphalt only :-

1. The Contractor shall procure asphalt directly from refinary only.

2. The Contractor will not be furnished “P” from for purchase of quantity of asphalt required for this work.

3. The Contractor will have to produce in original all the gate passes issued by the refinary and also the bill in

original to the RFO-in-charge.

4. The Number of transport tanker carrying the asphalt shall be furnished by the contractor.

5. The test certificate regarding the grade of asphalt as well as test result of asphalt from GERI Laboratory or other

Laboratory approved by R & B Department shall have to be produced.

6. The difference between two actual rates of purchase as per original bill of the refinary produced and the star

rate shown above in this clause shall be payable / recoverable for the quantity of asphalt actually used in the

work. The difference shall be payable / recoverable for the asphalt consumed in the work executed during

original & extended time limit, if time limit is extended for reasons of delay attributable to the department. The

difference shall be not payable for the work executed in extended time limit, when extension is given for the

reason of delay attributable to the contractor.

7. The difference will be payable/recoverable from the date of issue of work order and this price variation will not

be subject to any ceiling.

8. No advance payment or secured Advance will be payable against asphalt.

9. This part of clause for price variation of asphalt will be applicable for works estimated to cost above Rs.5 Lacs

and involving use of asphalt.

10. It is permissible to use asphalt produced by private companies like ESSAR and imported asphalt also.If the

contractor opt to use asphalt produced by private companies or imported asphalt,condition No. 1,3 & 6 above

shall be replaced and read as under:-

1. The contractor can procure asphalt produced by private compny of india or importrd asphalt and use in

2. The contractor will have to produce in original,the purchase invoice of asphalt.

3. For calculation of variation in the rate of asphalt,the rate prevalent at indian port at the same time of

purchase in case of imported asphalt and the rate as per purchase invoice in case of asphalt purchased

from private indian company or ex. Refinery(of indian public sector undertaking)rate on the date of

purchase,whichever is less,shall be considered for working out the difference and for comparision of the

star rate shown above in this clause.this difference shall be payable/recoverable for the asphalt consumed

in the work executed during original & extended time limit,if time limit is extended for reasons of delay

attributable to the department.this difference shall not be payable for the work executed in extended time

limit,when extension is given for the reason of delay attributable to the contractor.

(Authority R & B D GR No. TNC – 1089 (4) – C , dated 31-8-1991 modified vide G.R.s of even numbers dated 5-10-

CLAUSE 61 : FENCING AND LIGHTING :

(a) The contractor shall, unless otherwise specified, be responsible for the proper fencing, lighting grading and

taking of the necessary safety measures for all works comprised in the contract and for the proper provision of

temporary road, way, foot-way , guards, fences, caution notices, etc. as far as the same may be rendered necessary

by reasons of the work for the accommodation of workmen, foot passengers or other traffic and of owners and

occupiers of adjacent property and the public and shall remain responsible for any accident that may occur on

account of his failure to take proper & timely precautions.

(b) All the arrangements made for fencing and lighting shall be maintained by the contractor through the currency

of the contract till the physical taking over of the work by department.

CLAUSE 62 : LIABILITY OF ACCIDENTS TO PERSONS :

Responsibilities and liabilities lf the contractor under Workmen’s Compensation Act are given in clause No.37 in

addition following shall also apply :

(a) On the occurrence of an accident, which result in death of workmen employed y the contractor or which is so

serious as likely to result in death of any such workmen the contractor, shall within 24 hours of happening of

such Government against all loss or damage sustained by the Government resulting directly or indirectly from

his failure to give intimation in the manner aforesaid including the penalties or fines, if any, payable by the

Government as a to the provisions of the said act in regard to such accident(s).

(b) In the case of an accident , in respect of which compensation may become payable under Workmen’s

Compensation Act . whether by the contractor or by the Government as principal Employer, it shall be lawful

for the RFO-in-charge to retain out of money due and payable to the Contractor, such sum or sum of money as

may, in the opinion of the RFO-in-charge , be sufficient to meet such a liability, The opinion of the RFO-in-

charge shall be final regard to all matters arising under this clause.

CLAUSE 63 : ACCESS TO SITE AND WORK ON SITE :

The RFO may, if he considers fit form to time, enter upon any land(s) which may be in possession of the contractor

this contract for the purpose of executing any work not included in this contract by agents or by other contractors,

at this opinion and the contractor shall, in accordance with the requirements of the RFO-in –charge , afford all

reasonable facilities for execution of the work including occupation of lands by structure or otherwise for any other

contractor employed by the Government and his workmen for the workmen of the Government who may be

employed in the execution on or near the site of the work not included in the contract or of any contract in

connection with or ancillary to the work and in default, the contractor shall be liable to the Government for any

delay or expenses incurred by reason of such default. Provided always that if damage arising. Make a statement of

the same to the RFO-in-charge who shall from time to time, assess the value in his judgment of such damage and

goes Government shall from time to time pay to the contractor the amounts (if any) accepted as justified by the

RFO-in-charge :

CLAUSE 64 : REPORTS REGARDING LABOUR :

The Contractor shall submit the following reports to the RFO-in-charge :

(I) A daily report in the suitable form of the strength of labour, both skilled and unskilled employed by him on the

work(s). The contractor shall increase or decrease the strength both skilled or un skilled. if directed by the RFO-in-

charge. The submission of such reports shall not, however, relieve the contractor of his responsibilities and duties

regarding progress or any other obligation under the contract

(ii) A classified weekly return in the suitable form of the number of person employed on the works during the

preceding week.

(iii) A weekly medical report in the suitable form showing the health of the contractor’s camp. The number of

persons ill or incapacities and the nature of their illness.

(iv) A report of any accident, which may have occurred, to be sent within 24 hours of the occurrence.

(v) Such other report as may be prescribed.

CLAUSE 65 : Treasure Trove :

In the event of discovery by the contractor or his employees, during the progress of work of any gold, silver, oil or

other minerals of any description and precious stones , treasures, coils, antiquates, relic, fossils or other articles or

value of interest whether geological, archaeological or any other such treasure & other things hall be deemed to be

the absolute property of the Government and the contractor shall duly preserve the same to the satisfaction of the

RFO-in-charge , form time to time, and relieve the same to such persons as the RFO-in-charge may appoint.

The contract shall take all reasonable precautions to prevent his workmen other person from removing or

damaging any such articles or things , immediately after the discovery thereof and before removal acquaint the

RFO-in-charge with discovery and carry out his orders for the disposal of the same.

CLAUSE 66 : Indemnity :

The contractor shall indemnify the Government against all actions, suits, claims & demands through or made against

the Department in respect of work of this contractor against any loss damage to Department in consequence of any

action or suit being brought against the contractor for anything done or omitted to be done in execution of the

work of this contract.

CLAUSE 67 :Insurance of Labour :

The contractor shall be responsible to arrange for insurance of all labour, skilled and unskilled workers, supervisors

etc. employed by him as per labour regulation of the State.

CLAUSE 68: Setting Out :

The contractor shall be responsible for the true and proper setting out of the works and the correctness of

positions, levels, dimensions and alignments of all parts of the work and for the provisions of all necessary

instruments, appliance and labour in connection therewith. if, at any time during the progress of the work, any

errors, appear or arise in the position , levels, dimensions or alignments of any part of the work, the contractor, on

being required to rectify such errors by the RFO-in-charge shall at his own expense do so to the satisfaction or the

RFO-in-charge . if however, such euro is based on incorrect data supplied in writing by the RFO-in-charge , the

expenses of rectifying the same shall be borne by the Department. The checking of and setting out of any line or

level by the RFO-in-charge or his representative shall not in any way, relive the contractor of his responsibilities for

the correctness of the error. The contractor shall carefully protect and observe all bench-mark, site-nails, page and

other things used in setting out of the work(s).

CLAUSE 69 : Cement Register :

A register in the prescribed form showing day-to-day receipt, consumption and balance of cement on site of work

will be maintained by the Department, which shall invariably be signed daily by the contractor or his authorised

representative in token of its correctness.

CLAUSE 70 : (1)Materials and Works Test Register and core cutting machine :

A register in the prescribed from showing day-to-day receipt, consumption and balance of cement on site of work

by the Department and every entry thereof shall invariably be signed by the Contractor or his authorized

representative in taken of its correctness.

(2)Contractors registered in special category-1 (roads) will have to procure and keep available on site two core

cutting machines,similarly those registered in special category-2(roads) will have to procure and keep available on

site one core cutting machine on ownership basis.the thickness of sub base layers of road will be tested by taking

cores and recording results of layer thickness in paver site register.(R. &B.D. circular no. RGN-60-2006-35-C dated

(3)In case of asphalt items(other than BSG & BBM) having total thickness of more than 50mm.,the contractor will

take two to four core samples by his core cutting machine at the interval of 250m. distance at each cross section in

the presence of Dy. Deputy Conservator of Forest. These samples will be sealed znd will be sent for testing of

thickness,density & bituminous content in the approved laboratory.Five percent of the amount payable for asphalt

item will be with held till the test results are received.if the results are not satisfactory,the action as per conditions

of contract will be taken(R. &B.D. circular no. RGN 602006(35)-c dated 31-5-07).

CLAUSE 71 : Progress Schedule :

(a) The contractor shall furnish within one month (unless extended by the RFO-in-charge ) of the order to

start the work, the progress schedule in quadruplicate indicating the date or staring. The monthly progress

expected to be achieved and the anticipated completion date of each major item of work to be done by him, also

indicating dates of, procurement and setting up the materials, plants and machinery. The schedule should include a

statement of proposed general and detailed arrangements for caring out works, and of item , order and manner in

such it is proposed general and detailed arrangements for caring out works, and of item, order and manner in which

it is proposed that these shall be executed. The practice to the achievement towards completion of the work in the

time limit and of the particular items on the dates specified in the contract and shall have the approval of the RFO-

in-charge. Further the dates for the progress , as in this schedule shall be adhered to.

(a) in case it is sound necessary, at any stage to alter the schedule. the contractor shall submit in good, time a

revised schedule incorporating necessary modification proposed and get the same approved from the RFO-in-

charge . No revised schedule shall be operative without such acceptance in writing. The RFO-in-charge is further

empowered to ask for more detailed schedule or schedule. any by week, for any item or items and the

contractor shall supply the same as and when asked for.

(b) The RFO-in-charge shall have, at all times, the right, without in any way vitiating this contract forming grounds

for any claim, to after the order of the work of any part there of and the contractor shall after receiving such

direction, proceed in the order directed. The contractor shall also revise the progress. Schedules accordingly

and submit four copies of the revised schedule to the RFO-in-charge within seven days of the said RFO's

direction to alter the order of works.

(c) The contractor shall furnish sufficient plant, equipment and labour and shall work such hours and shifts as may

be necessary to maintain the progress of the work as per approved progress-schedule, The working and shift

shall company with all the Government regulations in force and shall be such, as may be approved by the RFO-

in-charge and the same not be varied without the prior approval of RFO-in-charge.

(d) The contractor shall from time to time as may be required by the RFO-in-charge furnish the RFO-in-charge with

a statement in writing of the arrangements he proposes to adopt for the execution of this contract and the

RFO-in-charge may, if he considers necessary at any time advise alternation in the same which the contractor

shall adopt on notice thereof.

(e) The progress-schedule(s) shall be in the form of progress chart, forms, statements and/ or reports as may be

approved by the RFO-in-charge.

The contractor shall submit four copies showing the progress of the work in the form of a chart etc. at

periodical intervals as may be specified by RFO-in-charge.

(f) The approval of the progress schedules by the RFO-in-charge shall not relieve the contractor of schedule

required by the RFO-in-charge shall not entitle the contractor to any extra payment.

CLUASE 72 : Secured Advance To Contractor :

(1) Before any secured advance for metal is paid to the contractor, the metal shall have to be tested for its quality

in the laboratory. Contractor's request for such secured advance will be considered only after test results of

metals are received and results are satisfactory. (As per Government circular No. SSR 1070-1B-191-22-S of 5-3-

(2) Advance on security of materials brought to site will not exceed 75% of the value (as assessed by the Deputy

Conservator of Forest) of such material provided that they are of imperishable nature.

(3) Recovery of advances will not be postponed until the whole of the work entrusted is completed Secured

advance will be recovered within 3 month in which secured advance is given even if material is not utilised in

(4) Secured advance is permissible on materials which are all actually brought on site and are required by the

contractor for use on items of works for which rates for finished work have been agreed upon.

(5) Secured advance will be given only on materials for which the full value is paid by the contractor to the seller.

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CLAUSE 73: Advance Payment :

Advance payment for the work done, but not measured, may be made upto 80% of the approximate value of the

work done as shown in the progress reports of approximate measurement Sheets with location furnished by the

sub-Divisional Officer subject to the following conditions :-

(1) That in the case of advance payment on the item of earth-work payment should be made on the basis

of detailed measurement except during the monsoon period (June to September).

(2) That the detailed measurements should be recorded within the month from the date of payment of

the bill incorporating the advance payment. However in the case of sectional measurements of earth

work, detailed measurement should be recorded within three months instead of one month

stipulated above.

If , on recording of the detailed measurements , it is found that the advance payment was made for more

amount that the value of work now measured, excess payment shall be refunded forthwith by the

contractor on demand, if it cannot be adjusted from the bill in which the item/s on which advance

payment was given are recorded by measurements.

CLAUSE 74 – Advace against Machineries:

1.secured advance on plants and machineries brought to the site of work is admissible for the contracts

estimated to cost more than Rs. Ten lacs.

2.Simple interest in such advances granted to contractor against plants and machineries brough to work

sites be charged at the rate of ________________% per annum.

3.the recovery of the advance shall be effected from the second month from the month in which advance

is given and ful recovery will be completed by the time seventy five percent of scheduled time is

4.such advance will be limited to 5 percent of the estimated amount put to tender.

5.the advance will be granted for the plant and machineries actually brought to the site of work.

6.The machinery and equipment on which the advance is granted shall be of full undisputed ownership of

the contractor,and they shall be hypothecated to government and also comprehensively insured till the

advance granted is fully recovered.the hypothecationdeed shall be executed separately before the

advance is actually given.

7.the advance will be granted as 75% of the cost of new equipment forwhich the contractor is able to

produce purchase vouchers and other documents.this will not be applicable in the case of second-hand

equipment purchased the contractor.

8.in the case of used or second-hand equipment broughtby the contractor, advance will be allowed at

50% of the value of the equipment arrived at in the following manner:-

(a)for used equipment,for which the records of original purchase price and past utilization are not

available,depreciated value,so worked out will be subject to the confirmation by mechanical wing of the

(b)for used equipment,for which proper records of purchase price and past utilization are not

available,the value will be assessed by the committee of excutive RFOs of civil and michenical wings. The

value assessed will be based on the probable age of the equipment,its present condition and its probable

department of spares,repairs,reconditioning of thr equipments shall not be taken into account towards

the capital cost.the value arrived at by the committee will be final.

9.No advance may be allowed for equipment which is more than 8 Years old or whch has already worked

for more than 80% of its life.

10.No advance shall be given on transpot-vehicles like jeeps,station-wagons,estate-car and such other

vehicle ordinarily required for transport purposes.

11.The recovery will have to be completed within the stipulated period of completion of work i.e.

[Specified advance on plant and machinery brough on site of work can be given to contactor only after

prior approval of the Government[G.P.W.Vol.-l Para 344-C(i)]

CLAUSE 75 - Mobilisation Advance: 1. Mobilisation advance to the extent of 5% of the estimated cost

may be granted at the commencement of the work after the contractor has set up camp on site has

brought machineries,equipment and centering etc.for well-sinking and has completed the work of sevice

road, water-supply and lighting arrangements on the site of works which are estimated to cost over Rs.40

2.the advance will carry a simple interest at the rate of______________ % per annum.

3. the recovery of advance shall commence from the sixth month in which the advance is paid,and full

recovery of advance and interst shall be completed by the end of___________month from the date of

issue of work order,in other words,the recovery of advance and interest will spread over a spell of

__________months or less as above in equal instalments.

4. A bank guarantee from a scheduled commercial bank shall have to be produced for the amount of

advane applied for,the bank guaeantee can be scaled down to the extent of recovery of advance.

5. mobilization advance will be treated as interest bearing refundable loan for the purpose.the

responsibility of the contractor for the refund of mobilization advance is absolut and not dependent upon

the completion of the work.the contractor will have to refund the advance with accured interest

irrespective of the fact whether the contract is breached by eigher party or abandoned or finalized

prematurely.(gov R&B dept. reso. No. TCF-1382/(8)J dated 22-4-1985)

Before starting the work, the contractor will have to obtain the license from the District Assistant Labour

Commissioner under the Contract Labour (Regulation and Abolition) Act. 1970 and contract Labour

(regulation and Abolition ) Gujarat Rules 1972 after paying necessary fees and deposit on the basis of the

number of labour to be employed on the work and will have to supply two true copies of the said license

to the Deputy Deputy Conservator of Forest before the work is started.

CLAUSE 77 : One percent of estimated cost put to tender for this work after deducting the cost of

materials as per Schedule 'A' valued at basic rate in the sanctioned estimate shall be deducted from the

running account bills of the contractor for testing the quality of materials and workmanship, no additional

testing charges in addition to the above shall be recovered from the contractor (Applicable to R & B

Works only) (G.R.No. R & B TNC-1085-4-C, Dated 20-12-91)

From the contractor (Applicable to R & B works only) (G.R. No R & B TNC /1085 /-4-C Dated 20-12-91) The RFO in charge will get

the cement and steel tested in laboratories of G.E.R.I. RFOing Colleges, Polytechnics, RFOs India Ltd, D.G.T.D. and other

laboratories approved by R & B or Water Resources Department or Industries Department and the test results of these

Laboratories will be binding to the Contractor about suitable of use of materials (G.R. No R & B TNC /1088 /IB / 220 / 18 - C Dated

However in respect of works involving use of asphalt, the contractor will set up the site testing Laboratory and will provide

testing instruments etc. as under :

Laboratory : The contractor will construct pucca structure of minimum 25 square meter area duly connected with water and

electric supply to house site testing Laboratory.

Instruments : The contractor will provide and install the instruments as per following. I.S. Standard to carry out the test

prescribed therein.

1. Penetration test as per I.S. 1203 2. Softening point test as per I.S.

3. Ductility test as per I.S. 1208 4. Viscocity test as per I.S.1206

1. Specification gravity test as per I.S.1202

The instruments provided should be as per I.S. Standard , so certified and be regularly and periodically (R. & B. D. G.R. No. SSR-

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Annexure : The information in the following annexure specimens should be furnished on separate letter

pad if necessary.

(Referred to in Condition No.-2 General Rules and Direction for the guidance of Contractors. )

The Deputy Conservator of Forest PLACE :

Details regarding my our partners our Company (in the case of limited Company ) Names, address(es)

telephone numbers(s) income tax etc. are as under :

Sr. Name(s) of Full address of Telephone Residential Telephone Full address of

no. Person/Partner the place of No.(s) address(es) No.(s) income tax office

Director of the business (with (office) (Resi) ward where income

tax return is filed

company pin code)

I/We hereby agree to intimate to you about change if any, in the above-mentioned address(es) and telephone No. (s) within

Fifteen days of its occurrence till may/our deposit, for the said work paid by me/us is not returned to me/us.

Dated Signature of Tenderer

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PERFORMANCE BOND

(See clause no. 1)

(The date of this bond must not be prior to the date of the instrument in connection with which it is given )

Principal (Contractor)

Sum of bond (express in words and figures)

Contract No. and date of Contract

KNOW ALL MEN BY THESE PRESENT, THAT WE, THE PRINCIPALS AND SURETY : Above named are held firmly bound

unto the ……………………………….. hereinafter called the Employer in the amount stated for payment of which sum,

well and truly to be made, we bind ourselves, our heirs, executors. administrators and successors jointly and

severally, firmly by these presents subject to the provisions of which the aforesaid Contractor on demand and

without demand on a claim being made by the Employer.

THE CONDITION OF THIS OBLIGATION IS SUCH : That whereas the principals have entered in to a contract with the

Employer numbered and dates as shown above and hereto attached for the execution of work

NOW THEREFORE, if the Principal shall well and truly perform and fulfill at the undertakings, covenants, terms,

conditions and agreements of said contract during the original terms of the said Contract and any extensions

thereof that may be granted by the Employer with or without notice to the surety and during the life or any

guarantee required under the contract and shall also well and truly perform and fulfill all the Undertakings,

covenants terms, conditions and agreements of any all duty and unduly authorised modifications of said Contract

that may hereafter be made, notice of which modifications to the surety being hereby waived or shall pay over,

make good and reimburse to the Employer all loss and damages which the employer may sustain by reason of

failure or default on the part of said Principal so to do.

We ………………………………………………. further agree that the guarantee herein contained shall remain in full force and

effect during the period that would be taken for the validity of the said Contract, and that it shall continue to be

enforceable till all the dues of the employer under or by virtue of the Contract have been fully paid and its claims

satisfied or discharge or till the Employer certifies that the terms and conditions and accordingly discharges the

guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the

……………………………………………… we shall be discharged from all liability under this guarantee thereafter.

IN WITNESS WHERE OF, the above bounded parties have executed this instrument under their several seals on the

date indicated above the name and corporate seal of each corporate partly being hereto affixed and these presents

duly signed by its undersigned representatives, pursuant to authority of its governing body.

In the presence of witness

by…………………………………………. affix Corporate Seal

Attested Corporate surety

Business address _______________

Affix by ……………………………………………corporate Seal

For and on behalf of the Employer

LIST OF WORKS ALREADY COMPLETED BY THE TENDERER

.HFZNFZ[ 5}ZF SZ[, SFDMGL IFNL

Sr.No. Name of work Place Cost on Time taken in Remarks

S|DF\S SFDG]\ GFD :Y/ completion months To lJX[QF GM\W

5}ZF YI[, SFDGL complete the work

lS\DT SFD 5]Z] SZJF DF8[

Note : Necessary certificate from office concerned shall be attached with the tender

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LIST OF PLANT AND MACHINERY IN GOOD WORKING ORDER AVAILABLE WITH TENDERER

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Sr. Plant or Location Age of Make Capacity Approximat Remark

No. Machinery :Y/ Machinery AGFJ8 1FDTF e Value lJX[QF GM\W

S|DF\ VMHFZM VYJF DXLGZL S[8,F V\NFHL lS\DT

S I\+M JQF¶ H]GL K[P

DECLARATION REGARDIG WORKS ON HAND WITH TENDERER

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Sr. Name of work Place Estimated Date of Stipulated Amount Brief Remark

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Note 1 : Amount of work in column 6 should be given up to the month previous to the month in which tenders are invited.

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Note 2 : Necessary certificate from the officer concerned shall be attached with the tender.

SCHEDULE – A VG];]lRvS

Schedule showing ( approximately ) the materials to be supplied from the Public works store for work

contracted to executed and the rates at which they are to be charged for

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Particulars Approximate Rate at which the materials will be Place of delivery

lJUT quantity charged to the contractor 0L,LJZLG]\ :Y/

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Unit V[SD Rate in Rupees

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Note 5 : The person or firm submitting the tender should see that the rates in the above schedule are

filled up by the RFO-in-charge the issue of the form prior to the submission of the tender.

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Note 6 : Empty cement bags of cement if supplied by the Government will be the property of the

contractor and no recovery for non-return will be made

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Notes 7 : Store to be supplied to contractors for a work free of cost should be mentioned in Schedule 'A'

in addition to schedule 'B' and the specification attached to the contract agreement form.

Memorandum showing items works to be carried out :

CFY WZJFGF SFDGL AFATM NXF¶JTL IFNL

items No. Quantities item of work Estimate Rates Unit Total amount

items No. Quantities item of work Estimate Rates Unit Total amount

AFAT G\AZ estimated out SFDGL AFAT V[SD according to

or less In In estimated

V\NFH[, HyYM H[ Figure Words quantities

VMKM JtTM Y. V\NFHL HyYF

XS[ VG];FZ S], ZSD

As per Separate sheet

I/We am / are wolling to carry out the work at

in figures and words) of the estimated rate mentioned above. Amount of my/ our tender works out as

*Estimated Amount *Estimated Amount

(* Please strike out whichever is not applicable.)

Notes 1 - All work shall be carried out as per Public Works Department Handbook and other specifications

of Division or as directed.

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Notes 2 - All the columns is Schedule should be filled in ink and the total of the entries in the last column

should be struck by the contractor under his signature.

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Notes 3 - Rates quoted include clearance of site (prior commencement of work and at its close ) in all

respects and hold good for work under all conditions, site, moisture, weather etc.

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Note 4 - To be continued on additional sheets, if found necessary.

GM\W v$ ov H~Z H6FI JWFZFGF SFU/M HM0L RF,] ZFBJ]P

Signature of the Contractor Deputy Conservator of Forest

(see clause No. -2 )

Time Schedule, for completion of different designated parts of the work and rate of liquidated to be paid

by the Contractor, if he fails to complete the part of work within stipulated time limit is as detailed below:

Time Schedule of Completion

Percentage of time of the total Percentage of work Rate of liquidated damages per

(As corrected vied B & CD GR. No. TNC - 1091 - IB - 10/ (11) - C, dated 29-6-92)

Signature of the Contractor Deputy Conservator of Forest

Banaskantha Palanpur

Documents to be submitted: ( જWુર દ%તાવેજો ું લી%ટ)

(1) Registeration Certificate in D and above Class in NWRWS or R and B Department

(2) Last 3 Year Income Tax Return Certificate

(4) GST Registration certificate

(5) Adhaar Card

(6) Terms and Condition and all other Tender document duly signed by Agency

(7) Tender fees of Rs. 1500/-

(8) EMD of Rs. 23,000/- in Favour of Deputy Conservator of Banaskantha, Palanpur

(9) Bank Solvancy Certificate. (2026)

(10)Turn Over Certificate

(11)Non Blacklist declarations and Tender Condition Acceptance Certificate in Rs.300/- Revenue

(12)Experience Certificate of Construction related Work in Gujarat Government/Semi- Government

I , _______________________________ hereby declare that I have read all the conditions carefully and

having agreed to them fully and unconditionally have submitted the financial bid attached with this document. The

details mentioned above are true to my knowledge and the documents as listed above are attached herewith.

સહી (Signature)