BID DOCUMENTS FOR PROPOSED CONSTRUCTION WORK OF PUMP HOUSE WITH ELECTRICAL WORK AND SITC OF MACHINARY WORK AT BOTAD HW FOR BOTAD NAGARPALIKA, DIST.: BOTAD.

Name of Work : BID DOCUMENTS FOR PROPOSED CONSTRUCTION WORK OF

PUMP HOUSE WITH ELECTRICAL WORK AND SITC OF MACHINARY WORK AT

BOTAD HW FOR BOTAD NAGARPALIKA, DIST.: BOTAD.

NOTICE INVI TING ON - LINE TENDER

A Details of Tender :

1 Estimated Tender Value Rs. 17,65,097/-

2 EMD (1% of Tender Rs.17651=00

Amount In Rs. )

3 Tender fee In Rs. Rs.900=00 (Non refundable)

4 Class of Agency Class ‘E1’ and above

5 Time Limit of Work 02 (Two) 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. / /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

with supporting scanning.

And contractor should have been submitted

documents Only tender fee and E.M.D Through by speed

post / R.P.Ad only in sealed cover so as to-reach

Botad Nagarpalika on or before

Dt. / /2026 up to 18.00 hrs.

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

Price Bid ( if possible )

4 Dateof commencement Within 15 days from the issuance of work order

5 Security Deposit 5 % of Estimated coast.

- 25% i.e. 2.5% of estimated cost shall be

paid in the form of DD immediately after

the acceptation of tender.

- Remaining 25% i.e. 2.5% of Security

Deposit shall be deducted from R.A. Bill

6 Defects liability period One year from the actual date of completion of

work. The amount of security deposit shall be

released after the expiry of defects liability period

7 Release of security The amount of security deposit shall be

deposit released after the expiry of defects liability

8 Release of Performance -

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.

9 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

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.09 of this tender) with

stamp and signature along with online submission.

Engineer Chief officer

Botad Nagarpalika Botad Nagarpalika

Name of Work : BID DOCUMENTS FOR PROPOSED CONSTRUCTION WORK OF

PUMP HOUSE WITH ELECTRICAL WORK AND SITC OF MACHINARY WORK AT

BOTAD HW FOR BOTAD NAGARPALIKA, DIST.: BOTAD.

PRE QUALIFICATION CRITERIA

Sr.no Description

1 Valid Registration Certificate of Government Approved Contractor Class ‘ E1 ’

2 Bank Solvency Certificate current calendar year not less than 20 % of

estimated amount

3 Registration of Firms (if applicable)

4 Partnership Deed (if applicable)

6 GST Registration Certificate

7 Contractor shall submit EPF/PF Account number, certificate

8 I.T. Return Copy Of Last Three Years Only

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

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

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

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

and signature along with online submission.

13 SIMILAR NATURE OF WORK:

The bidder must have completed similar nature of work i.e., DRAINAGE

OR WATER SUPPLY PROJECTS WITH SITC OF MACHINARY WORKS ONLY

within last Seven financial years i.e., from April 2018-19 to March 2024-

25 and up to one month prior to last date of submission of the bid of value

(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

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

Engineer Chief officer

Botad Nagarpalika Botad Nagarpalika

Name of Work : BID DOCUMENTS FOR PROPOSED CONSTRUCTION WORK OF

PUMP HOUSE WITH ELECTRICAL WORK AND SITC OF MACHINARY WORK AT

BOTAD HW FOR BOTAD NAGARPALIKA, DIST.: BOTAD.

1-NOTICE INVITING TENDERS

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

to cost of Rs.17,65,097.00 This estimate however, is given as a rough

2. The work is required to be completed within 02 (Two) 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 ‘ E1 ’ 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

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.

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

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

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

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

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

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.

Name of Work : BID DOCUMENTS FOR PROPOSED CONSTRUCTION WORK OF

PUMP HOUSE WITH ELECTRICAL WORK AND SITC OF MACHINARY WORK AT

BOTAD HW FOR BOTAD NAGARPALIKA, DIST.: BOTAD.

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 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 nagarpalika.

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

tender Which I have aware.

Signature of the Contractor

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 hours.

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

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 be

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.

(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 completed.

*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 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 31-8-94

and No. TNC/10/2002/14-C, dated 28-4-03 and 10-9-03)

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

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 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

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 shall be final and binding on all parties.

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 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

(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 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 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-

(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.

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 15 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-

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

(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 this work.

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.

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 11-1-99)

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.

(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 or material.

(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.

(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

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 insolvent :

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 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 said clause

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

contractor before receipt of notice given by the 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 17 in

the event of his failure to rectify, remove or reconstruct the work within the period specified

in the written intimation or the amount of expenses incurred by the 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.

(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 situated.

(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 clause

(iii) Entitle the contractor to stop the progress of the work or the carrying out the additional or

altered work in accordance with the provisions of clause 14 or as the case may be or clause

CLAUSE 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

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 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 1 above.

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.

(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

(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

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

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) /Workers(s).

The contractor shall not be entitled to any payment of compensation on account of any loss

that the Contractor may have to incur on account of the action as aforesaid. Before the action

as aforesaid, is enforced, a notice in writing to the Contractor shall be issued by the 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 contractor.

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 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 Authorities.

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

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

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 72 hours after the

outbreak. (c) The authorities in charge of the labour colony should arrange to

communicate by wire regarding the outbreak of the epidemic diseases on the very day of

the outbreak , 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 disease.

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 rooms.

(6) The rest room or other suitable alternative accommodation shall be so constructed as to

afford adequate protection against heat, wind, rain, and shall have smooth, hard and

impervious surface.

(7) The rest rooms or other suitable alternative accommodation shall be at a convenient

distance from the establishment and shall have adequate supply of whole some drinking

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.

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 materials.

(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

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

(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

(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 by

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

(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 this contract.

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.

(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

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.

(Referred to Condition No.-2 General Rules and Direction for the guidance of Contractors.)

The Chief Officer,

Botad Nagar Palika,

Botad, Dist. Bhavnagar.

Details regarding my / our partners our Company (in the case of limited Company ) Names,

address(es) , telephone number(s) income tax etc. are as under :

Sr. Name(s) of Person Full address of Telephone Residential Telephone Full address

no. /Partner Director of the place of No.(s) address(es) No.(s) of income

the company business (with (office) (Resi) tas office

pin code) ward where

I/We hereby agree to intimate you about change if any, in the above-mentioned

address(es) and telephone No. (s) within Fifteen days of its occurrence till my/our deposit, for

the said work paid by me/us is not returned to me/us.

Signature of Tenderer

LIST OF WORKS ALREADY COMPLETED BY THE TENDERER

Sr. Name of work Place Cost on Time taken in months To Remark

No completion complete the work s

Note : Necessary certificate from office concerned shall be attached with the tender

DECLARATION REGARDIG WORKS ON HAND WITH TENDERER

Sr. Name of Place Estimated Date of Stipulated Amount of Brief Remar

No. work Cost issue of period of work done details k

work order completion on date of of delay

filling tender if any

Note 1 : Amount of work in column 6 should be given up to the month previous to the month

in which tenders are invited.

Note 2 : Necessary certificate from the officer concerned shall be attached with the tender.

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Engineer Chief officer

Botad Nagarpalika Botad Nagarpalika