Artistic Wall Painting Work At Various Places In Botad City.(2nd Attempt)

Name of Work : Artistic Wall Painting Work At Various Places In Botad City.(2nd

NOTICE INVI TING ON - LINE TENDER

A Details of Tender :

1 Estimated Tender Value Rs.29,09,452=00

2 EMD (1% of Tender Rs.29,095=00

Amount In Rs. )

3 Tender fee In Rs. Rs.1500=00 (Non refundable)

4 Class of Agency Class ‘ E-2 ’ and above

5 Time Limit of Work 03 (Three) Months

6 Validity of tender 90 Days from Date of opening of the price bid.

B Schedule for - tendering is fixed as under :

1 Last Date & Time of Dt.03/07/2026 up to 18.00 hrs.

Online bid submission

and Downloading of

2 submission of Security Submission of pre qualification documents in

Deposit, Tender Fee electronic format only through online by scanning.

And contractor should have been submitted Only

with supporting

tender fee and E.M.D Through by speed post / R.P.Ad

documents only in sealed cover so as to-reach Botad Nagarpalika

on or before Dt.07/07/2026 up to 18.00 hrs.

3 Date of opening of Price On Date :08/07/2026 At 12:00 Hrs.

Bid ( if possible )

4 Date o f commencement Within 15 days from the issuance of work order

5 Security Deposit 5 % of Estimated coast.

-50 % i.e. 5.0% of estimated cost shall be paid in

the form of DD immediately after the acceptation

- Remaining 50% i.e. 5.0% of Security Deposit

shall be deducted from R.A. Bill

6 Defects liability period Six Month from the actual date of completion

of work. The amount of security deposit shall

be released after the expiry of defects liability

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7 Release of security The amount of security deposit shall be

deposit released after the expiry of defects liability

8 Release of Performance The performance bond shall become

bond refundable within Thirty(30)days after the

final completion.

9 EPF/PF Account Contractor shall submit EPF/PF Account number,

information certificate.

10 Tenderer shall submit their offer i.e. technical bid as well as price bid in

Electronic format on www.nprocure.com website.

11 Submission of Tender fees & EMD :

Tender Fee and Bid Security i.e. EMD in the form of DD in favor of "Botad

Nagar Palika "from any Nationalized / Scheduled Bank shall be valid up to

90 Days. DD issued after the last date of submission of tender will not be

considered as valid or accepted in any case.

Botad nagarpalika will only consider those documents which are

submitted online. Tender fee and E.M.D will be accepted physically.

C General instructions :

1 The tenderers are advised to read carefully the "Instruction for Tenderer"

and "Eligibility Criteria" & the Important note contained in the tender

2 The fees for on line tender document will not be refunded under any

circumstances .

3 Tenders without valid Tender document,fees,Earnest Money Deposit (EMD)

and which do not fulfill all or any of the condition or submitted incomplete in

any respect will b e rejected.

4 Conditional tender shall not be accepted.

5 This tender notice shall form a part o f tender document.

6 The Internet site address for E-Tender is http://Nagar Palika.

nprocure.com and that of corporate web site is www.nprocure.com

7 The Nagar Palika reserves the rights to reject any or all tenders without

assigning any reason thereof.

8 Before the deadline for submission of bids, the Employer may modify

the bidding documents by Issuing addenda.

9 After evaluation of Tech. Bid, price bid of only those bidders would be

opened online who are found to be eligible.

10 Further details/clarification if any required will be available from Chief

officer, Botad Nagar Palika Botad Phone No.(02849)

11 Labour license should be submitted within 30 days of work order.

(If applicable )

12 Contractor must submit rate analysis if Rate is too much below.

13 Contractor must submit engineer record at time of immediately after the

acceptation of tender.

14 Contractors have to submit Declaration Form (Page no.08 of this tender) with

stamp and signature along with online submission.

PMC Engineer Chief officer

Botad Nagarpalika Botad Nagarpalika

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Name of Work : Wall Painting Work At Various Places In Botad City.(2nd

PRE QUALIFICATION CRITERIA

Sr.no Description

1 Valid Registration Certificate of Government Approved Contractor Class ‘E-2’

2 Registration of Firms (if applicable)

4 GST Registration Certificate

5 Contractor shall submit EPF/PF Account number, certificate

6 I.T. Return Copy Of Last Years Only

7 Tender Fee (DD ) in favor of "Botad Nagar Palika ”

8 EMD (DD) in favor of ”Botad Nagar Palika”

9 Turn Over certificate 30 % of Estimated Amount in Average of Last Three

10 Contractor should Have an Experience of Work completion (Form 3A) of

Artistic / Wall Paintinng work of government or semi government in last Five

( 1 ) One work of 80% of estimated Amount OR

( 2 ) Two works of 50% of estimated Amount OR

( 3 ) Three works of 40% of estimated Amount

11 Bidder Is Required To Have Specialization In Subject Hence Key Person /

Bidder / Manager / Should Have Degree in Fine Arts From Recognized

University. Name Of key person / Bidder / Manager should be mentioned in

registration certificate of firm, self-declared certificate are not permissible.

12 Site Visit Certificate.

13 Contractors have to submit Declaration Form of this tender with stamp

and signature along with online submission.

14 Failure to submit (by Online Only) Of All Of Any Above Documents Bidder

Will Not Be Considered For Financial Evalution.

In future if Botad nagarpalika will verify the documents and if

they found incorrect/froud ,contractor is responsible for

punishment whichever is decided by Botad nagarpalika

PMC Engineer Chief officer

Botad Nagarpalika Botad Nagarpalika

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Name of Work : Wall Painting Work At Various Places In Botad City.

1-NOTICE INVITING TENDERS

1. Tender are invited on behalf Botad NagarPalika. The work is estimated

to cost of Rs.29,09,452.00 This estimate however, is given as a rough

2. The work is required to be completed within 03 (Three) months as per

The terms of the contract conditions.

3. The contractors whose names are borne of the approved list of contractors

of Gujarat State R &B Dept. / W.R.D. in ‘ E-2 ’ Class & 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 tenders shall

be liable to be rejected.

4. Bid Document can be downloaded & submitted in Electronic Format on

online website : www.nprocure.com (As per Mention page no.1)

5. Copies of other drawings and documents pertaining to tender and signed

for the purpose of identification by the Accepting officer or his

accredited representative will be open for inspection by tenderers at the

following offices during working hours.

(a) Chief Officer , Botad Nagar Palika,.Botad.

6. Tenderers 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 Botad

Nagar Palika 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

Schedule-B. Thereafter he should work out and indicate the offered bid

amount both in words in figures in Schedule-B.

9. All rates shall be quoted on E-Tendering System.

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

contractors who himself / themselves has/ have tendered or who may

and has/have tendered 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 (As per Mention page no.1)in the

presence of bidders who may choose to remain present in the office of

the Bid opening Authority Specified in Bid documents.

12. A Tenderer shall submit the tender which satisfies each and every

condition laid down in this notice and tender documents, failing which the

tender will be liable to be rejected.

13. Botad Nagar Palika does not bind itself to accept the lowest or any tender

or to give any reasons for the decision.

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

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Botad Nagar Palika

PERCENTAGE RATE TENDER AND CONTRACT FOR WORKS

1. Competency of Tenderer – 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 the time stipulated. Contractor may be required to

furnish the department with the statement as to their experience and their

financial status.

2. Tenderer 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 enquiries 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 construction,

completing and maintaining the works.

2.1 (i) The Bids shall be offered in Electronic format only on online website

www.nprocure. com till the date and time shown on (As per Mention

(ii) Payment of Tender Fee and Earnest Money Deposit Demand Draft for EMD

and Tender fee respectively shall be submitted in electronic format

through online (by scanning) while uploading the bid. This submission shall

mean that EMD & tender fee are received for purpose of opening the bid.

Accordingly offer of those shall be opened whose EMD & tender fees is

received electronically. However for the purpose of realization of D.D.

bidder shall send the D.D. in original through RPAD so as to reach to Chief

Officer Botad Nagar Palika, Botad within mentioned dates from the last

date of uploading.

The tenderer 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 octroi, GST, 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

Contractors to please read this Carefully :

(A) The percentage in Schedule ‘B’ must be given in figures. Amount thus

worked out must also be entered in column must be struck out by the

(B) 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.

(C) Solvency certificate of a Bank or a Revenue officer 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.

4. The Contractor shall have to furnish PAN and intimate I.T.ward under which he is

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

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.

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

(i) The bidder 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 of Schedule-B or Specifications.

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Name of Work : Wall Painting Work At Various Places In Botad City. (2nd

3- DECLARATION FORM

(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.

(ii) I /We hereby declare that I/We have carefully studied detail of

nivida, the conditions of contract, specifications and other

documents of this work and agree for execute the same

(iii) I /We hereby declare that due to Covid-19 or any other Natural

Calamities I/We agree to obey all instructions from Central / State

Government and Botad Nagarpalika for related to this work.

(iv) I /We hereby declare that In future if Botad nagarpalika will verify

the documents and if they found incorrect/froude I/We

responsible for punishment whichever is decided by Botad

(v) I /We hereby declare that I have read all the important notes in

the tender Which I have aware.

Signature of the Contractor

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4 - GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS

1. All works proposed to be executed by the contractor shall be notified in a

form of invitation to tender pasted on a board hung up in the office of the

Chief Officer Botad Nagar Palika and signed by the Chief Officer Botad Nagar

This form will state work to be carried out as well as the date of submitting and

opening tenders and the time allowed for carrying out the work, also the amount

of earnest money to be deposited with the tender and the amount of the security

deposit to be paid by the successful tenderer and percentage, if any, to be

deducted from bill. It will also state whether a refund of quarry fees, royalties,

octroi dues and ground rents will be granted. Copies of the specifications,

designs and drawing and estimated rates, and any other documents, required in

connection with work which shall be signed by the Chief Officer Botad Nagar

Palika for the purpose of identification shall also be open for inspection by

Contractor at the office of the Chief Officer Botad Nagar Palika during office

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 Botad Nagar Palika, such specifications with designs and drawing shall

form part of the accepted tender.

2. The Bidder or the person authorized to sign digitally on behalf of the bidder shall

sign the bid document. The copy of legal status of bidder(Partnership Deed or

Articles of Association of the company)alongwith other documents to be

dispatched physically.

3. Under no circumstances shall any Contractor be entitled to claim enhanced rate

for any items in this contract.

4. Every contract shall, unless exempted in writing by the Chief Officer Botad

Nagar Palika concerned, produce along with this tender a solvency certificate of

his financial ability from the Collector of the District within which he resides or

a Banker’s certificate. If he fails to produce such a certificate his tender will not

5. The measurements of work will be taken according to the usual method in use in

the Public Works Department and no proposals to adopt alternative methods will

be accepted. The Chief Officer Botad Nagar Palika’s decision as to what is the

usual method in use in the Nagarpalika Works Department will be final.

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

6.A In event of any error or discrepancy in write up of tender documents the

contractor will not take any undue advantage of such error or discrepancy and

The Chief Officer Botad Nagar Palika shall have powers to interpret and

decide correct meaning of contradictory erroneous writing.

7. 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 aving

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 of work.

8. Controlled materials (Essentiality Certificate)

(ii) The contractor shall submit to the Chief Officer 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 The Chief Officer Botad NagarPalika or his

representative to inspect the stock of the controlled materials stored by him at any

time whenever the Chief Officer or his representative so desire (s).

9. The tender for the work shall remain open for a period of 90 days counted

from the last date of on line submission of bid.

5- TERMS & CONDITIONS OF CONTRACT

CLAUSE 1 : Security deposit :-

The contractor shall have to Security deposit of 2.5% of estimated amount within

the period of ten days from the date of receipt of acceptation. If the Security deposit is not

paid within the specified time, work order shall not be issued till the issue about delay is

finally decided by the competent authority.

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 up to the date of completion and

handing over to the Botad Nagar Palika.

(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 & C D GR No. TNC–1091– 1B – 10 / (11) – C, dated 29-6-92.

(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 to tender.

(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 (C) on Page No 48)

CLAUSE 3 : Default by Contractor :

If the Contractor shall neglect or fail to proceed with the work with due diligence or

if he violates any of the provision of the Contract, the The Chief Officer Botad Nagar

Palika shall 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 Botad Nagar Palika 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 Engineer-in-charge on behalf of Botad Nagar Palika 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 Botad Nagar Palika. The plants, equipment and materials, held

under this clause shall then be at the disposal of the Botad Nagar Palika 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 Chief Officer Botad Nagar Palika 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 Engineer-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 Botad Nagar Palika of the contractor’s remaining

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plant equipment and balances of materials shall be released. Termination of the contract in

whole shall be an adequate authority for the Engineer-in-charge to demand discharge of the

obligations from the guarantors of the security for the performance.

If the progress of any particular portion of the work under Contract is

unsatisfactory, The Chief Officer Botad Nagar Palika shall, notwithstanding that the

general progress of the work is satisfactory, in accordance with Clause 2 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 dated 31-

CLAUSE 5: 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 Engineer-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 Engineer-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 The Chief Officer Botad Nagar Palika in

this matter shall be final

As soon as the work is completed the contractor shall give a notice of such

completion to the Engineer-in-charge and on receipt of such notice the Engineer-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 upto Rs.50 lacs (amount put to tender) the final

measurements shall be recorded within 45 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 lacs (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

Engineer-in-charge shall issue separate completion certificate for such items or groups of

No certificate of completion shall be issued nor 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 from 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

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Engineer-in-charge or his representative and made the whole premises fit for immediate

occupation or use to the satisfaction of the Engineer-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 Engineer-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 realized

such disposal as aforesaid the contractor shall forthwith, on demand, pay such excess. The

Engineer-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 Engineer-

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 shall 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 Engineer-in-

charge from requiring bad, 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 Engineer-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 Engineer-

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

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 sanctioned specifications.

In cases where the items of work are accepted as not so completed, the Engineer-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 9: Bills to be submitted monthly:

A bill shall be submitted by the contractor each month on or before the date fixed

by the Engineer-in-charge for all works executed in the previous month and Engineer-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 Engineer-in-charge may depute a subordinate to

measure up the said work in the presence of the contractor or his duly authorized agent

whose countersignature to the measurement list shall be sufficient warrant and the

Engineer-in-charge may prepare a bill from such list which shall be binding on the

contractor in all respects.

The contractor shall submit all the bills on the printed forms to be had on

application at the office of the Engineer-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 Engineer-in-charge in the case of items not

completed/executed as per agreements or in the case of any extra work ordered in

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pursuance of these conditions and not mentioned or provided for in the tender, at the rate

here in after provided for such work .

(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 Engineer-in-charge.

The design and the drawings shall be lodged in the office of the site Engineer-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 entire in the work-order

book in token of having noted the instructions. However, if the contractor fails to

sign 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

(3) The several documents forming the contract are essential parts of the contract and

requirement 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 complete work.

In the event of any discrepancy in the several documents forming the contract or in

any one document, 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 Engineer-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 Engineer-in-charge shall be entitled to make

corrections and interpretations as necessary to fulfill the plans and specifications.

The Engineer-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 Engineer-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.

13.1 Except that when the quantity of any item exceeds the quantity as in the tender by

more than 30% the contractor will be paid for the quantity in excess of 30% at the rate

entered in the S.O.R. of the year during which the excess in quantity is first executed and

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for the materials consumed in excess quantity the rate for the materials to be charged would

be the basic rate taken into account for fixing the rate for the S.O.R. above instead of the

rate stipulated in schedule – A.

13.2. 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

Engineer 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 of

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 Schrdule “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 Engineers

stationed at the same place or the nearest place.

13.3 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 Engineer-in-charge of the rate, which it is his intention to charge for such

class of work and if the Engineer in charge does not agree to this rates, 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 Engineer-in-charge. In the event of the dispute, the decision of the

Superintending Engineer of the Circle shall be final.

Where, however, the work is to be executed according to be the designs, drawings and

specification recommended by the contractor and accepted by the competent authority, the

alternation above referred to shall be within the scope of such designs, drawing and

specifications appended to the tender.

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

increase in the cost occasioned by shall be final and conclusive.

13.4 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.

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 Engineer-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

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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 Botad Nagar Palika. The amount of

loss for such claim will be decided by in charge Engineer-in-charge.

(2) The contractor also will be entitled for compensation of unemployed labourers for

days from the date of notice provided that in that opinion of Engineer-in-charge

such labourers 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 labourers at other places from the

date of such notice.

In case the Contractor does not agree with the decision of Chief Officer regarding

the amount of compensation or loss; it will be open for the contractor to appeal to

Superintending Engineer-in –charge within one month from the date of knowledge

of such decision. In such case the decision of Superintending Engineer 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 ,dated 28-6-1993 as amended by GR of even

number dated 11-2-1999)

CLAUSE 15 : 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 Engineer-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 Engineer-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 Engineer-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 Engineer-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 Engineer-in-charge 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 therefore.

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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 15 A : 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 Engineer-in-charge shall give the contractor a

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

days of receipt of the notice. In the case of failure on the part of the contractor, the

Engineer-in –charge may rectify or remove or re-execute the work at the risk & cost of the

contractor. The Engineer-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

CLAUSE 16: Work to be open to inspections – Contractor or responsible agent to be

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 Engineer-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 Engineer-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 authorized agent

shall be considered to have the same force and effect as if they had been given to the

Contractor himself.

(i) G.R.B. & CD NO. RGN-6090-UO 24 (42)-C, dated 26-11-90.

Employment of a qualified site Engineer by the Contractor. The Contractor shall.

Employ full-time technically qualified staff during the execution of this work as under :-

1. Two graduate Civil Engineers and three diploma Civil Engineers when cost of the work

to be executed is more than Rs.50 lakhs.

2. One graduate & two Diploma, Civil Engineers when the cost of the work to be executed

is more than Rs.15 lakhs but less than Rs.50 lakhs.

3. Minimum two Diploma Civil Engineer when the cost of work is less than Rs.15 lakhs

but more than Rs.5 lakhs.

4. Minimum one Diploma Civil Engineers for the work when the cost of work to be

executed is less than Rs. 5 lakhs. The Engineer so employed for the Botad Nagar Palika

work must have sufficient experience to handle the work independently. Such an Engineer

shall have to stay at the site of work and he shall not be entrusted with other duty except

In case the contractor or partner of the contractor firm is a Civil Graduate Engineer,

Employment of separate Engineer will not be necessary provided that the Engineer partner

himself attends the execution of the work on the site.

CLAUSE 18 : Notice to be given before work is covered up :

The contractor shall give not less than five day’s notice in writing to the Engineer-in-

charge 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 Engineer-in-charge , the contractor

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

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

certificate of the Engineer-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 person.

Note : “Unprecedented flood” means the flood crossing the High Flood Level of the past

……... 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-

CLAUSE 20: 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 Engineer-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 therefore 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 Engineer-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 defense 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.

The Contractor shall provide suitable scaffolds and working platforms, gangways and

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

(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.

(ii) appointed by contractor and by competent workers possessing adequate experience

in this kind of work.

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

(g) be of sound material

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

(iii) be maintained in proper condition

(d) Scaffolds shall be so constructed that no part thereof can be displaced in

consequence of normal use.

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

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

ensure the strength and stability of the scaffolds.

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

(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 specified.

(i) Working platforms, gangways shall –

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

(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

(iii) be kept free from any unnecessary obstruction.

(j) In the case of working plate forms, gangways working places and stairway at a

height exceeding ………………………………….(to be specified)

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

adequate measures are taken to ensure safety.

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

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

(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

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

exceeding (4.25 mt) 14 ‘ (to be specified) meters suitable precaution shall be taken

to prevent the fall of persons or material.

(m) Suitable precautions shall be taken to prevent persons being struck by articles

which might fall from scaffold or other working place.

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

CLAUSE 20 B : The contractor shall comply with the following regulations as regards the

hoisting appliances to be used by him

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

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

from patent defect, and

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

(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.

(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 Engineer-in-charge.

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(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.

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

(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.

(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.

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

plainly marked with the safe working load.

(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.

( 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.

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

appliances shall be provided with sufficient safeguards.

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

the risk of the accidental descent of the load.

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

suspended load becoming accidentally displaced.

CLAUSE 21 : 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 Engineer-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 22 : Liability of contractors for any damages done in or outside work area :

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

labourers whether in or beyond limits of Botad Nagar Palika property including any

damage caused by the spreading of fire mentioned in the clause 22, shall be estimated by

the Engineer-in-charge, or such other Officer as he may appoint and the estimates of the

Engineer-in-charge , subject to the decision of the Superintending Engineer, 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 Engineer-in-charge from

any sums that may be due or become due from Botad Nagar Palika to the contractor under

this contract or otherwise.

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.

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

The contract shall not be assigned or sublet without the written approval of the Engineer-

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 Engineer-in-charge

may, by notice in writing rescind the contract, Also if any bribe, 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

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public officer or person in the employ of Botad Nagar Palika 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 Engineer-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 Botad Nagar

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

clause 3 thereof and in addition the contractor shall not be entitled to recover or be paid for

any work therefore actually performed under contract .

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 Botad Nagar

Palika without reference to the actual loss or damage sustained and whether any damage

has or had not been sustained.

CLAUSE 25 : 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 Engineer-in-charge for his information.

CLAUSE 26 : (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 Engineer-in-charge under the said clause-5

(ii) The Reduction in rates made by the Engineer-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

Engineer-in-Charge under clause 14 and the rates for which is to be determined under the

(iv) The rates of payment for materials already purchased or agreed to be purchased by the

contractor before receipt of notice given by the Engineer-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

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 Engineer-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 Engineer-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 Engineer-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

Botad Nagar Palika in N. & W.R.D. letter No. SUT/1090/2679/K2 dt. 9/2/94 .

(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.

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(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 Botad Nagar Palika and Public Sector Enterprises of Gujarat.

(Resolution F.D.No. PB/1088/735/KT/ Sachivalaya/ Gandhinagar 5th October 1988.)

(5) In case of dispute leading to the contractor or Botad Nagar Palika of Gujarat

approaching to Court of Law, it shall be within the jurisdiction where the site of work is

(6) The reference to arbitration proceeding under this clause shall not

(i) affect the right of the Engineer-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

(ii) Preclude the Engineer-in-charge from utilizing 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

(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 27 : 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 Engineer-in-charge

capable of measurement the Engineer-in-charge may , as his discretion, pay the lump sum

amount entered in the estimate and the certificate in writing of the Engineer-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.

CLAUSE 28 : 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 Engineer-in-charge.

CLAUSE 29 : Defination 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 .

CLAUSE 30 : Contractor’s percentage whether applied to net or gross amount if 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 issed. (This clause shall be

applicable only for B-1 tender)

CLAUSE 31 : 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 of authority competent to levy

royalty in the area of work. Contractor shall also furnish such additional information as

regards royalty payment to the Royalty authority. The royalty charges paid shall be borne

by the Contractor and shall not be reimbursed by the Chief Officer(Authority :- R & B D

Circular No. TNC – 2286 – UO – 39 (19) – C dated 23-10-1989.)

Clause 32: 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

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Act) for injuries caused to the workman. If such compensation is paid by Botad Nagar

Palika as principal under sub-section 12(1) of the said Act on behalf of the Contractor it

shall be recoverable by Botad Nagar Palika from the contractor under sub section 12(2) of

the said section. Such compensation shall be recovered in the manner laid down in clause

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 Botad Nagar Palika, the same shall be recoverable from the contractor

forthwith and be deducted, without prejudice to any other remedy of Botad Nagar Palika

from amount due or that may become due to the Contractor.

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.

(a) 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

(b) When work is carried on in proximity 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.

(c) 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 30% the new rate will be paid to the contractor for

the quantities in excess of 30%The rates for the increased quantities as aforesaid will be

fixed in the manner specified in clause –

Employment of famine or other labour : The contractor shall employ any famine, convict

or other labour of particular kind or class, if ordered in writing to do so by the Engineer-in-

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.

Clause 37 : 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 Engineer-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.

Clause 38 : Minimum age of person employed :

(I) No Contractor shall employ any person who is under the age of 15 years.

Clause 39 (I) (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 circumstance.

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(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 (Nawar).

(III) No animal suffering from sores, lameness or emaciation or which is immature shall be

employed on the work.

(IV) The Engineer-in-charge or his agent is authorized to remove from the work any person

or animal found working which does not satisfy these conditions and no responsibility

shall be accepted by Botad Nagar Palika for any delay caused in the completion work

by such removal.

(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 Engineer-in-charge who

shall decide the same. The decision of the Engineer-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 Botad Nagar Palika at sanctioned

tendered rates.

(VI) The contractor shall provide drinking water facilities to the workers/ labourers

employed on Botad Nagar Palika works Amenities relating to sanitation shall also be

provided to the workers/labourers employed on works (in urban areas) . If the

contractor fails to comply with these provisions, the Engineer-in-charge shall give

notice in writing and if the contractor does not provide this facility to the workers/

labourers within a period of ten days from the date of the notice in writing, the

Engineer-in-charge shall thereupon make the arrangement for drinking water at the

cost of the contractor.

(VII) The Contractor shall provide the amenity of proper shed and shelter to the workers/

labourers and their children on Botad Nagar Palika works as soon as the work starts.

If the contractor fails to provide shed and shelter, the Engineer-in-charge shall

provide the same at the cost of contractor.

Clause 40 : 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.

Clause 40 A : Any sum of money due and payable to the Contractor (including the security

deposit returnable to the contractor) executing any Botad Nagar Palika work or work of any

District Panchayat wholly financed as grant-in-aid under this contract shall be appropriated

by any District Panchayat / Botad Nagar Palika and shall be set off against any claim of the

Botad Nagar Palika/District Panchayat of Gujarat state by the District Panchayat of Gujarat

State/Botad Nagar Palika for the payment of a sum of money arising out or under any other

contract made by the contractor with the Botad Nagar Palika/District Panchayat of Gujarat

State for the work wholly the contractor against any claim of the Botad Nagar Palika /

District Panchayat of Gujarat state is available, such a recovery shall be made from the

contractor as arrears of land revenue.

Clause 41 : Employment of scarcity labour :

If Botad Nagar Palika 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 Engineer-in-charge

or by any persons to whom, the Engineer-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 Botad Nagar Palika may have fixed in this behalf. Any disputes which

may arise in connection with the implementation this clause shall be decided by the

Engineer-in-charge whose decision shall be final and binding on the contractor.

Clause 42 : The rates to be quoted by the Contractor must be inclusive of sales tax . No

extra payment on this account will be made to the contractor.

Clause 43 : The Contractor should, as far as possible , obtain his requirement of labourers

skilled and unskilled , from the nearest Employment Exchange so as to utilize the local

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employment potential. If there are no local Employment Exchange or such Exchanges are

not able to provide the required labour locally, suitable labourers should be utilized to the

maximum extent possible.

Clause 44 : Fair Wages :

If a Contractor fails to pay within ‘7’ (Seven) days to the labourer(s) /worker(s) the

minimum wages prescribed by the Botad Nagar Palika under the Minimum Wages Act.

1948 as in force from time to time, the Engineer-in-charge shall be at liberty to deduct the

amount payable to the labourer/ workers from his (Contractors) bills or deposit(s) payable

by the Contractor after making due inquiries and establishing the claim(s) of the labourer(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

Engineer-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.

Clause 45 : List of Machinery :

The contractors shall also give a list of machineries in his possession and which they

propose to use on the work.

Clause 46 : (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 department.

(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

Clause 47 : Local labour on normal rates :

The contractor shall have to engage local labour and person seeking employment where

available on normal rate.

Clause 48 : 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.5 Per month

2. More than 1 hectare & up to 2 hectares Rs.10 per month

3. More than 2 hectare & up to 3 hectares Rs.15 per month

4. More than 3 hectare & up to 4 hectares Rs.20 per month

Clause 49 : The contractor shall employ only such labour who shall produce a valid

certificate of having been vaccinated against small-pox within a period of last three years.

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) A good site shall be selected. High ground removed from 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 Botad Nagar Palika 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 labourers. This provision shall

be at the rate of not less than 4.5 liters per head . No provision need-be made where

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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 before it is

allowed for drinking purpose.

3. The contractor shall construct semi permanent latrines for the use of Labourers 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 least 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 up to 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 up to 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 up to the first 500 and one for every 100 males or females or part thereof.

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

8. Water for latrines and urinals : Water shall be provided by means of pipes or tanks

or otherwise, 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

places 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 clean

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 Botad Nagar Palika or

other private dispensary situated within 6 km. from the camp.

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 Engineer-in-charge . Atleast one sweeper per 200 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 food supply shall be followed by the contractor.

14. Precautions against epidemic : (a) The authorities in charge of the colonies should get

the labourers innoculated against cholera and plague and vaccinated against smallpox at

the time or recruitment , if they are not innoculated or vaccinated within 6 months or

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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

innoculated or vaccinated as the case may be , depending on the diseases, within

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 , to 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. (f) 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

connection 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 provide the same within a period of fifteen days of the

expiry of the period laid down in the sub-rule (1).

(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 of 1. Sq. mt. For each person making use of rest

(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

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 provided by 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 manner.

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17. Accommodation in canteen : (1) The canteen shall consist of at least dining hall,

kitchen, store room, 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 colour-washed at least once in each year, provided that the inside walls of

the kitchen shall be lime-washed every four months.

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 nuisance.

(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 subrule (i)

(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

(2) (i) Suitable clean clothes 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

(iii) Suitable facilities including an adequate supply of hot water shall be provided for

the cleaning of utensils and equipment.

20. Food stuff to be served : The food stuff and other items to be served in the canteen

shall be in conformity with the normal food habits of the contract labour.

21. Prices to be displayed : The charges for food 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 food 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 maintenance charges for the building and equipment provided for

in the canteen.

(c) The cost of purchase, repairs and replacement of equipment including furniture,

crockery, cutlery 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 .

CLAUSE 51 : Contractor shall have to arrange for the supply of gumboots. Hand gloves,

mask etc. invariably to the labourers/workers engaged by the contractor on asphalt work.

CLAUSE 52 : The Contractor shall not show any distinction between Harijan and other

class of labourers / workers employed to carry out the Botad Nagar Palika work.

CLAUSE 53 : FENCING AND LIGHTING

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(a) The contractor shall, unless otherwise specified, be responsible for the proper fencing,

lighting guarding 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

CLAUSE 54 : 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 by 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 accident(s) intimate, in writing

to Engineer-in-Charge the fact of such accidents. The contractor shall indemnity Botad

Nagar Palika against all loss or damage sustained by the Botad Nagar Palika resulting

directly or indirectly from his failure to give intimation in the manner aforesaid

including the penalties or fines, if any, payable by the Botad Nagar Palika 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 Botad Nagar

Palika as principal Employer, it shall be lawful for the Engineer-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 Engineer-in-charge, be sufficient to meet such a liability, The opinion of

the Engineer-in-charge shall be final regard to all matters arising under this clause.

CLAUSE 55 : ACCESS TO SITE AND WORK ON SITE :

The Engineer may , if he considers fit from time to time, enter upon any land(s) which may

be in possession of the contractor under 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 Engineer-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 Botad Nagar Palika and his workmen

for the workmen of the Botad Nagar Palika 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 Botad Nagar

Palika 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 Engineer-in-charge who shall from

time to time, assess the value in his judgment of such damage and the Botad Nagar Palika

shall from time to time pay to the contractor the amounts (if any) accepted as justified by

the Engineer-in-charge :

CLAUSE 56 : REPORTS REGARDING LABOUR :

The Contractor shall submit the following reports to the Engineer-in-charge :

(a) (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 Engineer-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 incapacited and the nature of their illness.

(iv) A report of any accident, which may have occurred , to be sent within 24 hours of the

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(v) Such other report as may be prescribed.

CLAUSE 57 : 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,

coins, antiquites, 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 Botad Nagar Palika and the contractor shall duly preserve the same to the

satisfaction of the Engineer-in-charge , form time to time, and relieve the same to such

persons as the Engineer-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 Engineer-in-charge with discovery and carry out his orders

for the disposal of the same.

CLAUSE 58 : Indemnity :

The contractor shall indemnify the Botad Nagar Palika 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

CLAUSE 59 :Insurance of Laborus :

The contractor shall be responsible to arrange for insurance of all laboures, skilled and

unskilled workers, supervisors etc. employed by him as per labour regulation of the State.

CLAUSE 60: 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 Engineer-in-charge shall at his own expense do so to the satisfaction of the

Engineer-in-charge . if however, such error is based on incorrect data supplied in writing by

the Engineer-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 Engineer-in-charge or

his representative shall not in any way, relieve 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 61 : 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 62 : Materials and Works Test Register :

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 authorizd representative in taken of its correctness.

CLAUSE 63 : Progress Schedule :

(a) The contractor shall furnish within one month (unless extended by the Engineer-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 carrying 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 Engineer-in-charge.

Further the dates for the progress, as in this schedule shall be adhered to.

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(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 Engineer-in-charge . No revised schedule shall be operative

without such acceptance in writing. The Engineer-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 Engineer-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

thereof 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 Engineer-in-charge within seven days of the

said Engineer'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 Botad

Nagar Palika regulations in force and shall be such, as may be approved by the Engineer-

in-charge and the same not be varied without the prior approval of Engineer-in-charge.

(d) The contractor shall from time to time. as may be required by the Engineer-in-charge.

furnish the Engineer-in-charge with a statement in writing of the arrangements he

proposes to adopt for the execution of this contract and the Engineer-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 Engineer-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 Engineer-in-charge.

(f) The approval of the progress schedules by the Engineer-in-charge shall not relieve the

contractor of schedule required by the Engineer-in-charge and shall not entitle the

contractor to any extra payment.

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 labourers to be employed on the

work and will have to supply two true copies of the said license to the Deputy Chief Officer

before the work is started.

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. Specific gravity test as per I.S.1202

The instruments provided should be as per I.S. Standard, so certified and be regularly

and periodically calibrated. Frequency of tests will be as indicated in specifications and as

referred in R. & B. D. G.R. No. SSR-1099-IB/91(9)-c dated 26-7-1999

Annexures : The information in the following annexures specimens should be furnished on

separate letter pad if necessary.

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