15TH Finance 2021- 22 Special Tied

Schedule- ‘B’ Memorandum showing items of works to be carried out

Schedule- ‘C’ Time Schedule of completion

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

ADDITIONAL INSTRUCTIONS TO PERSONS TENDERING

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 span stipulated. Contractor may be required to furnish the Owner 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 enquires as to work, yard sites and depot and dumps

and as to acquisition of such additional sites and areas as may be necessary for temporary purpose for

constructing, completing and maintaining the works.

2.1 The tenders shall be received only under “Registered Post” or “Speed Post” No other system, namely

receiving of tenders by Hand Delivery ‘or’ by Express Delivery ‘or’ in person., should be adopted under any

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

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

offers shall not be opened and considered at all.

(ii) The tenders received (by registered post) after time & the date specified in the tender notice shall not be

received by the concerned office from the postmen, for which, date and time may be recorded on the

cover of the tender as to when tender was refused by the Person-in-charge.

(iii) Necessary records should be maintained for refusal of such tenders in the registers for receiving tenders

and should be initialed by the concerned Officer.

3 Payment – The tenderer must understand clearly that the rates quoted are for completed works and include

all cost due to labour, scaffolding plant, supervision, service work, power, royalties and octroi etc. and

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 tenderers will not be entitled subsequently to

make any claim on the ground of misrepresentation or on the ground that he was supplied with information

given by any person(whether the member is the employee public works department or not). Any failure on

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

and rates there in shall not relieve him from any risks or liabilities arising out of or consequent upon the

submission of the tender.

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

tenderer and must return the document sent herewith.

5 Erasures – Persons tendering are informed that no erasures or alterations by them in the tax of the

document sent herewith would be allowed and any such erasures or alterations will be disregarded. If there

is, any error in his writing, no overwriting should be done, the wrong word or a figure, should be struck our

and the correct one written above or near it in unambiguous way. Each correction should be initialed.

Contractor to please read this Carefully:

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

entered in column and the tenderer must strike out grand total of amount.

entered in column and the tenderer must strike out grand total of amount.

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

signed the tender for the company must accompany the tender.

3. 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.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

4. The contractor shall pay Earnest money in the form of ‘Cash’ or Demand Draft in favour of Owner.

Earnest money will not be accepted inform of cheque, Bank Guarantee.

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 Owner.

This from 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 to be paid by the successfully tendered 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 estimate rates, and any other

documents required in connective with work which shall be signed by the Owner for the purpose of

identifications shall also be open for inspection by Contractor at the office of the Owner during office

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

and approved by a competent authority on behalf of the Owner, such specifications with designs and

drawing shall form part of the accepted tender.

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

event of the absence of any partner it will be signed on his behalf by person holding a power of attorney

authorizing him to do so. Details of partner will be furnished in Annexure-I along with the copy of

partnership deed.

3. Receipt for payments made on account of any work, when executed by a firm, shall also be signed by all the

partners except where the Contractors are described in their tender as a firm which case receipt shall be

signed in the name of the firm by one of the partners or some other person having authority to give

effectual receipt for the firm.

4. Any person who submits a tender shall fill up to the usual printed form including the column total according

to estimated quantities stating at what rate he is willing to undertake each items of the work. Tender which

proposes any alterations in the works specified in the said form of invitation to tender or in the time allowed

for carrying out the work or which contain any other condition of any sort will be liable to rejection. No

single tender shall include more than one work but contractors who wish to tender for two or more works

shall submit a separate tender, for each, tender shall have the name and the number of the work (to which

they refer) written outside the envelope.

5. At the time of tender opening only authorized representatives will be allowed to remain present. No other

contractors will be allowed.

Incase, there is no tenderer or their representative present, Owner will open tender. Tender opening officer

will complete tender opening procedures and tender E.M.D. deposit will be handed over to concern officer.

6. The officer without giving any clarification or reasons. Competent to dispose off the tenders shall have the

right of rejecting all or the tenders.

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

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

8. The memorandum of the work to be tendered for and schedule of materials to be supplied by Owner and

there rates shall be filled and completed by the Owner of before the tenders form is issued. If a form issued

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

to intending tender has not been so filled in and completed, he shall request the said officer to have it done

before he completes and delivers his tender.

9. All works shall be measured net by standard measure and according to the rules and customs of the Public

Works Owner without reference to any local custom.

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

11. All corrections and addition or pasted slips should be initialed.

12. The measurements of works will be taken according to the usual method in use in the Public Work Owner

and no proposals to adopt alternative methods will be accepted. Owner’s decision as to what is the usual

method in use in the Public Work Owner will be final.

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

14. The contractor shall have to attach to his tender Income Tax Clearance Certificate of last five years to be

obtained from the Income Tax Officer.

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

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

be taken for use in the presence of the Owner’s Representative, no materials will be allowed to removed

from the site of work.

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

execution of the work contracted for.

17. Controlled materials (Exentiality Certificate): (i) As regard controlled materials the Owner will help to

arrange for the permit as far as possible and help the Contractor in securing the same. All incidental charges

met with in procuring these materials shall be born by the Contractor himself. Though the Owner will help

to arrange for the permit as far as possible and help the Contractor in obtaining the materials, it shall not

accept any responsibility for any loss or damage on account of on delay caused to the Contractor while

obtaining the same.

18. The tender for the work shall remain open for a period (180*) day from the stipulated date of receiving of

the tenders for this works and that the tendered shall not be not allowed to withdraw or modify the offer on

his own after handing over the tender to postal authorities for dispatch if any tenderer withdraws or makes

any modifications or additions in the terms and conditions of his tender not acceptable to the Owner then

Owner shall without prejudice to any right remedy. Be at liberty to forfeit in full the said earnest money

19. The contractor shall employ such labour that shall produce a valid certificate of having been vaccinated

against small pox within a period of last three years.

20. (1) If the members of Labour Co-operative Societies do not work themselves and obtain commission by

subletting the work, as a whole or by dividing work in grope and give work to piece workers, the very

purpose of the Scheme would be defected. Therefore the Labour Co-operative Societies will not sublet

the work and the member’s labours areas of the society will execute the work.

(2) In case where the works required to be carried out by the labours other than the members of the

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Labours Co-operative societies with the man-days more than 25%, prior permission of the Owner will

(3) The labour Co-operative societies shall have to allow the officers of the Co-operative Owner to

examine for audit purpose the muster rolls as and when required.

(4) Labour Co-operative societies shall have to submit a quarterly return sating the monthly attendance of

man-days on the muster rolls of member labourers on each work to the District Registrar as well as to

(5) If the labour Co-operative Society is found violating the terms and conditions mentioned above the

Labour Co-operative society will be liable for the cancellation of work contract and or registration as

decided by the Owner.

21. Immediately after issue of the work order for the works of Roads, Bridges and Buildings, the contractor

shall display the board showing brief details of the specifications on the site of work as approved by Owner.

22. The contractor for use of his labourers, staff or for any other purpose will not occupy the building structure

under the contract. In case of breach of this condition market rent will be recovered for the unauthorized

occupied. The contractor will be fully responsible for damage, injury, death occurs in this case.

23. Tender Shall fill up Annexure 4, 5 based on this information, decision will be taken, weather contractor can

complete the work in stipulated time limit, weather rates offered is lowest and according to requirements or

However Owner may ask the contractor for further justification and based on that final decision will be

24. Owner may decide not to give work to lowest bidder. Owner is free to allocate work to the agency other

then lowest one and also work can be split up and can be given to more then one contractor. In all cases

Owner’s decision will be final and shall be acceptable to all the bidders. Owner thereof will give no reason.

Owner will not accept any claim made by bidder on these matters.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Memorandum of Work

I. Name of Work & Scheme : Bid Documents for Construction Work

Of R.C.C. ESR 50000 Liter Capacity & 14 mt. Height In Anadi Vistar Area at

Thasra Nagarpalika, Thasra Under 15TH Finance 2021-22 Special Tied Grant

II. Estimated Cost : Rs.

III. Earnest Money * : 1%

IV. Validity Period of Tender Offered : 120 Days

V. Security Deposit * : 10%

i. Initial Security Deposit : 5%

ii Balance 50 % Security : 5% of Bill Amount.

- To be deducted from bill.

iii Performance bond of : 5%

VI. Time allowed to complete work : 06 Month

From the date of work order :

VII. Other Detail :

 Last Date to Issue Tender : Dt. ______ Time _______

 Last Date to Return Tender : Dt. ______ Time _______

 Description essential to be : Name of Work

Made on sealed cover. Date ______ Time ______

of Receiving the Tender

 Mode of Quoting rate in :

Schedule ‘B’ : Percentage Rate

( * Payment to be made in cash or demand draft payable at Thasra in the name of Chief

officer, Thasra Nagarpalika, Thasra .)

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

TERMS & CONDITIONS OF CONTRACT

Clause 1 Security Deposit: The person/persons whose tender is accepted (hereinafter called the

“Contractor” which expression shall unless excluded by, or repugnant to the context include his

Legal heirs, executors, administration and assignees) shall (a) Deposit with the Owner a sum

sufficient to make up the full security deposit specified in the tender in cash or inform of demand

draft to Owner within a period of 10 days from the date of receipt of the notification of acceptance

of his tender, or (b) (i) deposit 50 percentage of the total security deposits as specified in the tender

form with the Owner in cash or in form of D.D. on receipt of notification of acceptance of his

tender. If the security deposit is not paid within the above specified time, no work order will be

issued till the issue about delay is finally decided by the competent authority (b) (ii) The Owner shall

be deemed to have been authorized to deduct to the balance of fifty percentage of the security

deposit as specified in the tender form from the amounts that become payable to the contractor for

the work done under the contract from time to time, such deduction shall not exceed ten percentage

of the amount so payable and the works whose amount paid in cash or by way of deduction shall be

estimated amount is more than rupees held by Owner by way of Security deposit. Than rupees

fifteen lacks, the contractor shall have to give the performance bond of any schedule bank equivalent

to five percentage of the estimated amount put to tender along with the initial security deposits. All

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

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

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

sums which may due or may become due by Owner to the Contractor on any account what so ever

and whether in respect of this contract, any other contract, or otherwise. In the event of his security

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

shall within ten days thereafter, make good in cash or as aforesaid any sum or sums required to make

good the shortfall in the amount of the security deposit. If the amount of the security deposit to

above be paid as specified above in cash or by D.D within the period specified above is not paid the

tender/contract already accepted should be considered as canceled and legal steps shall be taken

against the contractor for recovery of the amounts.

Clause 2 Liquidated damages for delay: -

(i) If the contractor fails to complete the work under contract by the stipulation date he shall pay liquidated

damages of Rs. 0.1 percentage of the contact value per day from the date of delaying the said work up to

the date of completion and handing over to the Owner.

(ii) However also if the contractor fails to complete any part of the works 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 works up to the date of completion of the said designated part at the rates shown in the said

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

(iii) The aggregate maximum of liquidated damages payable under clause No. 2 shall not exceed Rs.

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 lacks, 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)

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

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 Engineer-in-charge shall give the

Contractor a notices, identifying deficiencies in performance and demanding corrective action. Such

notice shall clearly state that is shall not remove any plant , equipment and material form the site.

The Owner 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 receipts of notice,

the Owner shall terminate the contract in whole. In case the entire contract is terminated the amount

of security deposit and performance band if any together with the value of the work done but not

paid for, shall stand forfeited to the Owner. The plants, equipment and materials, held under this

clause shall then be at the disposal of the Owner to recover the amount equivalent to 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 Engineer-in-charge if necessary shall direct that a part or the whole of

such plant, equipment and materials 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 Owner of the contractor’s remaining plant equipment and balances of materials shall

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

demand discharge of the obligations forms the guarantors of the security for the performance.

Clause 4 If the progress of any particulars portion of the work under Contract is unsatisfactory the Engineer-

in-charge shall, not with standing that the general progress of the works 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 5 In any case in which any of powers conferred upon the Engineer – in – charge by clause 3 hereof

shall have become exercisable and the same shall not have been exercised, the non-exercise there of

shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding

be execrable at any future date.

Clause 6 In the event of the Engineer-in-charge taking action under clause 3, he may, if so desire, take

possession of all or any tools, plants machinery, materials and stores in or upon the work or the site

thereof or belonging to the contractors or procured him and intended to be used for the execution

of the work or any part thereof by paying or allowing for the same in account at the contract rate or

in case of contract rates not being applicable at such reasonable rates, as may be comparable to

current marker rates where ascertainable of similar articles and comparable condition, to be certified

by the Engineer-in-charge. In the alternative the Engineer-in-charge may by notice in writing to the

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

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

notice and in the event of the contractor failing to comply with any such requisition, the Engineer-

in-charge may remove them at the contractor’s expenses or the shall remove then by auction or

private sale at the risk and cost of the contractor in all respects, and the certificate of the Engineer-

in-charge as to the expenses of any such removal and the amount of the proceeds, and expenses of

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

Clause 7 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

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

tender or before the expiration of 30 days from the dates on which he was hindered which ever is

earlier and the Engineer-in-charge may, if in his opinion believe that there are reasonable ground for

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

Engineer-in-charge in this matter shall be final.

Clause 8 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 complete in all respects then: -

(i) For all works costing up to Rs. 50 Lacks (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 measurements 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 Lacks (amount put to 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 obligation as provided in the contract and subject to the

work being complete in all respects.

When separate period of completion have been specified for item or groups of item, the

Engineer-in-charge shall issue separate completion certificate for such item or group of item.

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 witch 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 work mans on the site in

connection with the execution of the work, as shall have been erected by the contractor for the

workman and cleared all dirt from all parts of structure (s) in, upon or around which the work

has been executed or of which he may have possession for the purpose of the execution there of

and cleared floors, gutters and drains, cased doors and sashes, oiled locks and fastening labelled

keys clearly and handed then 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 contactor 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

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

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

the 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 the contractor.

Clause 9 No payment shall be made for any work, estimated to cost less than rupees one thousand till after

the whole of the side work shall have been completed and a certificate of completion given. But in

the case of work 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 as payments of 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

contractor or any part therefore in any respect or the accruing of any claims, nor shall it conclude, or

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

affect 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 very or effect the contract. The contractor shall submit

the final bill within one month of the completion of the work, otherwise the Engineer-in-charge’s

certificate of the measurements and of the total amount payable for the work shall be final and

certificate of the measurements and of the total amount payable for the work shall be final and

binding on all parties.

Clause 10 The rates for item of work shall be valid only when the items concerned are accepted as having been

completed fully in accordance with the sectional specifications. In cases where the item of work are

accepted as not completed, the Engineer-in-Charge may make payment on account of such item at

such reduced rate as the may consider reasonable in preparation of final or on account bill.

Clause 11 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 measurement for purpose of having

the same verified and the claim, so for it is admissible shall be adjusted if possible within tenders

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.

Clause 12 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.

Clause 13 If the specification of the work provides for the use of any special description of materials to be

supplied from the Owneral store or if it is required that the contractor shall use certain stores to be

provided by the Engineer-in-charge (such materials and stores and the prices to be charged therefore

as here in after mentioned being so far as practicable for the convenience of the contractor but not

so as in any way to control the meaning or effect of this contract specified in the schedule of

memorandum here to annexed) the contractor shall be supplied with materials and stores as may be

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

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

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

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

shall remain the absolute property of Owner and shall on no account be removed from the site of

the work, and shall at all time, be open to inspection by the engineer-in-charge. Any such materials,

unused and in perfectly good condition at the time of completion or termination of the contract,

shall be returned to the Owner store if the Engineer-in-charge so requires by a notice in writing

given under his hand. But the contractor shall not be entitled to return any such materials except

with the consent in writing of the engineer-in-charge and in shall have no claim for compensation on

account of any such materials supplied to him as aforesaid but remaining unused by him or for any

wastage in or damage thereto.

Clause 14 The contractor shall be entitled use the materials supplied by the Owner only to the extent of

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

Engineer-in-charge may however, on being satisfied that a large quantity o such materials is required

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

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

permission shall be given in writing.

Clause 15 All stores and materials such as cement, if the consumption of which exceeds 25 tone and steel etc.

supplied to the contractor by Owner shall be kept by the contractor in separate god own provided

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

down shall be accessible to the Engineer-in-charge or his agent at all times. No materials shall be

allowed to be removed from the site of the work and any materials required for the execution of the

work shall be taken out from the godown only in the presence of a duly authorized agent of the

Engineer-in-charge.

Clause 16 (1) The contractor shall execute the whole and every part of the work in the most substantial and

workman- like manner and as regards materials and in other respect in strict accordance with

specifications.

The contractor shall also conform exactly, fully and faithfully to the design, drawing and

instruction in writing for the work signed by the Engineer-in-charge. The design and the

drawings shall we lodged in the office of the site Engineer-in-charge to witch 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 sing such entries in the work-

order book for any reason whatsoever, the entry of the instruction 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 inspection to the contractor on the site of the work during office hours.

(1) 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

drawing according to the progress of work as and when need free of cost.

(2) The several documents forming the contract are essential part of the contract and requirements

occurring in one are binding as through occurring in all. They are intended to be mutually

explanatory and complimentary and to describe and provide for a complex work.

In the event of any discrepancy in the several documents forming the contractor 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)

specifications. On drawing, figures dimensions, unless obviously incorrect, will be

following in preference to scaled dimensions.

(b) Description: (i) Schedule – B of the tender form: - (ii) Drawings (iii) Specifications. In the

case of defective description or ambiguity, the Engineer-in-charge is entitled to issue

further instruction direction in what manner the work is to be carried out. The contractor

cannot take any advantage of any apparent error or omission in drawing or specification

and the Engineer-in-charge shall be entitled to make correction and interpretations as

necessary to fulfill plans and specifications.

Clause 17.1 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 alteration shall not invalidate the contract and additional work

which the contractor may direct 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 the work

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

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Clause 17.2 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 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.

Clause 17.3 If the additional or altered work includes any class of work for which no rate is specified in this

contract, then such class of work shall be carried out.

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

additional or altered class of work; where there are more than one comparable items, the items

of the contract which is nearest in comparison with regard to or class or classes of the work

involved shall be selected and the decision of the owner as to he 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 in 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 for the year in which the

tender was received. If the Schedule of rates dose not contain all the items, the percentage

increase of the tender shall be calculated considering such items which were included in the

Schedule of Rates for the year and for materials consumed on such item the rate to be charged

would be the basic rate taken into account for fixing the rate in S.O.R. referred to above, instead

of the rate stipulated in Schedule (A).

(iii) If it is not possible to arrive at 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 Engineers stationed at the same place or the

Clause 17.4 If the additional or altered work, for which no rate is entered in the “Schedule of Rates” 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 rates, 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 there of before the rate

shall have been determined as lastly herein before mention, 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 owner shall be final.

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

recommend by the contractor and accepted by the competent authority; the alternation above

referred to shall be within the scope of such designs, drawings and specifications appended to the

tenders. The time limit of the work shall be extended in the proportion that the increase in the cost

occasioned by alternations bears to the cost of the original contract work and the certificate of the

Engineer-in-charge as to such be final and conclusive.

Clause 17.5 For excess in items of well sinking, the rates for sinking in depth beyond the designed depth shall

be as per the rate quoted by the contract in the statement of variation, If no rates of variation in

sinking are quoted the rate payable shall be the tender rate for sinking designed level increased by the

difference of schedule of rate for sinking at designed depth and sinking at final depth.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Clause 18 No claim for any payment of compensation for change or restriction of work: - If at any time

after the execution on 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 required the whole of part of the work to be carried out at all or to be carried out

by the contractor he shall given notice in writing, stating the fact to the Contractor who shall

thereupon suspended or stop the work totally or partially, as the case may be. In any such case,

except 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 alterations

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 entitled for compensation for loss, if any on date of notice, for the

purchased materials or for the contract executed for the materials 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 to compensation shall be granted to contractor on

material for which advance has been give to contractor by owner. The amount of loss for such

claim will be decided by Engineer-in-charge.

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

the date of notice provided that in that opinion of Engineer-in-charge such labours were

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 decision of Engineer-in-charge. Engineer regarding the amount of compensation

or loss it will be open for the contractor to appeal to Owner. Within one month from the date of

knowledge of such decision. In such case the decision of Owner will be final and binding to the

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

Clause 19 The contractor shall not be entitled to claim any compensation from Owner on account of delay by

Owner in the supply of materials entered In Schedule ‘A’ where such delay is caused by (i) Non

supply due to short allotment of quota in case materials available under quota regulations (ii)

Difficulties relation to the supply of railway wagon (iii) Force majeure. (iv) Act of God. (v) Act of the

county’s enemies or any other reasonable cause beyond the control of Owner.

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

completion of the work as shall appear to the to the Engineer-in-charge the reasonable in accordance

with the circumstances of the case. The ceeision of Engineer-in-charge for the extension of time

shall accepted as final by the contractor.

Clause 20 Time limit for unforeseen claims: the contractor shall not be entitled to any compensation from

Owner on nay account unless where allowed by the conditions of this contact. In such cases, the

contractor shall have to submit a claim in writing to the Owner within one month of the cause of

such claim occurring.

Clause 21 Action & Compensation in case of bad work: If at any time before the expiry of defects liability

period as detailed in clause 22. It shall appear to the Engineer-in-charge or his sub-ordinate in charge

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

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 law full for the Engineer-in-charge to intimate this fact in writing to the

contractor and then not with standing the fact that the work, materials of articles of complained of

may have been passed, certificate and paid for the contractor shall be require, or if so required, shall

remove the materials or articles so specified in whole in part and the case may provide other proper

and suitable materials or articles at his own charge and cost, and in the event 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 work is prepared by Engineer-in-charge.

Clause 22 Defect liability periods: The contractor shall be responsible to make good and remedy at his own

expense any defect, which may develop or may to be noticed before period mentioned hereunder

form the certified date 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

notice. In the case of failure on the part of the contractor, The Engineer-in-charge shall be entitled

to appropriate the whole or any part of the amount of security deposit towards the expenses, if any,

incurred by him in rectification, removal or re-execution. The defects liability period shall be as

(a) For all works consisting up to Rs. 50,000.00 (amount put to tender), the period shall be 3 months

from the certified date of completion.

(b) For all works costing more than Rs. 50,000.00 and up to Rs. 1 crore (Amount put to tender), the

period shall be 6 months from the certified date of completion or one monsoon, whichever is

(c) For major projects costing more then 1 crore, the period shall be 12 months from the certified

date of completion, which should include one monsoon.

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

following the certificate date of completion, whichever is later for the purpose of deciding the

monsoon period the 30th September may be treated as the last date.

Clause 23 Work to be open to inspection – contractor or responsible agent to be present: - All works

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

the inspection and supervision of the 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 work 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 duly authorized

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

contractor himself.

Clause 24 Employment of a qualified site Engineer by the Contractor. The contractor shall employ full-

time technically qualified staff during the execution of his work as under:

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

1. Two graduate Civil Engineer and three diploma Civil Engineer when cost of the work to be

executed is more than Rs. 50 lacks.

2. One graduate & two Diploma Civil engineer when the work to be executed is more than 15 Lacks

but less than Rs. 50 Lacks.

3. Minimum One Diploma Civil Engineer when the cost of work is less than Rs. 15 Lack but more

than Rs. 5 Lacks.

4. Minimum two Diploma Civil Engineer for the work when the cost of work to be executed is less

than Rs. 5 Lacks. The Engineer so employed for the work must have sufficient experience to

handle the work independently. Such an Engineer shall have to stay at the site of the 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 a separate Engineer will not necessary provided that the Engineer partner himself attends the

execution of the work on the site.

Clause 25 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 search notice having been given or consent obtained the same shall be

uncovered at the contractor’s expense and any default thereof, no payment or allowance shall be

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

Clause 26 If the contractor or his workmen, or servant shall break, deface injure or destroy any part of the

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

enclosure or grass land 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 the work from any cause whatever

before a damage occurred/caused due to normal flood or rain or if any imperfections become

apparent in it within three months of 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 the 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.

Clause 27 Neither party shall be liable to the other for any loss or damage occasioned by or arising out of acts

of God, such as Unprecented flood, volcanic eruption, earthquake or other convulsion of nature and

other acts such as not but 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: - “Unprecented Flood” means the flood crossing the High flood level of the past ________________

year(s) which is on the available record.

Clause 28 Contractor to supply plant, ladders, scaffolding etc. and is liable for damage arising from non

provision of light, fencing etc.: The contractor shall supply at his own cost all materials (except

special materials if any, as may, in accordance with the contract to be supplied from the Owners

Stores), plant, tools, appliances, implements, ladder, condrage, tack, scaffolding, and any temporary

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

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

contract or referred in these conditions or not and which may be necessary for the purpose of

satisfying with requirements of the Engineer-in-charge as to any matter or 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 work and materials necessary for the purpose there of setting

out works and counting, weighing and assisting in the measurement or examination at any time and

from time to time, of the Contractor and the expenses may deducted from any money due to the

contractor under the contract of from his security deposit, or proceeds of sale there of a sufficient

portion there of. The contractor shall provide all necessary fencing and lights required to protect the

public from accident and shall also be bound 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 costs which may be awarded in 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.

Clause 29 The Contractor shall provide suitable scaffolds and working platforms, gangways and stairways, and

shall comply with the following regulations in connections therewith.

(a) Suitable scaffold 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 and 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

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

(i) Be of sound materials

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

(iii) Be maintained in proper condition

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

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

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

strength and stability of the scaffolds.

(g) A competent person shall periodically inspect scaffolds.

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

scaffolds. 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 be so constructed that no part thereof can bind to contractor,

dag unduly or unequally.

(i) 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-

(ii) Be kept free from any unnecessary obstruction.

(j) In the case of working platforms, gangways working places and stairways 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 fenced.

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

provided with suitable means to prevent the fall of persons or materials.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

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

… (to be specified) meters suitable precaution shall be taken to prevent the fall of persons of

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

from scaffold or other working pleased.

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

Clause 30 The Contractor shall comply with the following regulations as regards the hoisting appliances to be

(a) Hoisting machines and tackle including their attachments, anchorage and supports shall.

(i) Be of good mechanical construction, sound materials and adequate strength and free from

patent defect, and

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

(b) Every rope used in hosting 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 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 18 years shall be in control of any hoisting machine, including

any scaffolds, not shall given 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 market

with the safe working load.

(i) In the case of hoisting 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 working load except for the purpose of testing.

(k) Motors, gears, transmission, or gear wiring and other dangerous parts of hoisting appliances shall

be provided with sufficient safeguards.

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

suspended load becoming accidentally displaced.

Clause 31 Measures for Prevention of fire: The contractor shall not set fire to any standing jungle, trees,

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 trees. Bush wood, grass etc. by fire, the

contractor shall take necessary measure to prevent such fire spreading to or otherwise damaging

surrounded property.

Clause 32 Liability of contractors for any damages done in or outside work area: Compensation for all

damage done intentionally or unintentionally by Contractor’s labours whether in or beyond limits of

Owner property including any damage caused by the spreading of fire mentioned in the clause

shall be estimated by the Engineer-in-charge, shall be final and the contractor shall be bound to pay

the amount of assessed compensation on demand, failing which the same will be recovered from the

contractor as damages in the manner prescribed in clause 1 or deducted by the Engineer-in-charge

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

from any sums that may be due or become due from Owner to the contractor under the contract or

The contractor shall bear the expenses of defending any action or other legal preceding that may be

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

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

Clause 33 Deleted

Clause 34 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 become

insolvent: The contract shall not 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 Owner

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 Owner and the same

consequence shall ensure as if the contract had been rescinded under clause 3 thereof and in addition

the contractor shall not entitled to recover or be paid for any work therefore actually performed

under the contract.

Clause 35 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

Owner without reference to the actual loss or damage sustained and whether any damage has or had

not been sustained.

Clause 36 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 37 Works to be under directions of Engineer-in-charge/Consultant: All works to be executed

under the contact shall be executed under the direction and subject to the approval in all respect of

Engineer-in-charge/Consultant appointed by the Owner for the time being, who shall be entitled to

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

Clause 38 (1) Disputes to be referred to arbitrator: 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 of after the

completion or abandonment thereof, shall be referred to the Arbitration Tribunal, Gujarat Sate,

(i) The rates of payment under clause 5 for any tools, materials and stores, in or upon the works of

the site thereof belonging to the contractor or procured by him and intended to be used for

execution of the work or any part thereof possession of which may have been taken by the

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Engineer-in-charge under the said clause 5 as completed fully in accordance with the sanctioned

specifications.

(ii) The reduction in rates made by the Engineer-in-charge under clause 10 from the items of work

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 17 and the rates for which is to be befriend 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 18, and / or the

amount of compensation payable to the contractor under the said clause for loss in respect of such

(v) The amount of compensation which the contractor shall be liable to pay under clause 21 in the

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

written intimation of the amount of expenses incurred by the Engineer-in-removing and under the

said clause 21 in rectifying removing or re-executing the work or in removing and replacing the

materials or ratifying complained of.

(vi) The reduction of rates as may be fixed by the Engineer-in-charge under clause 21 for, the

inferior work or materials rates as accepted or made use of.

(vii) The amount of compensation payable by the contract for damages as estimated and assessed

(viii) The amount payable to the contractor the work carried out under clause 40 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 disputes Arbi. Tribunal Act-92 & order issued by the

Govt. in connection with this Act will now apply for Arbitration (As per government in N.&

W.R.D. letter No. SUT/ 1090/ 2679/K2 Dtd. 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 Government and public sector enterprises of Gujarat. (Resolution F.D. No.

PB/1088/735/KT/Sachivalaya/Gandhinagar 5th October 1988.)

(5) Incase of dispute leading to the contractor of Government of Gujarat approaching to Court of

Law, it shall be within the jurisdiction where the site of work 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 execution of the work or any part thereof.

(ii) Preclude the Engineer-in-charge from unitizing 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 17 or as the case may be, of clause

Clause 39 Lump sum in estimates: When the estimate on which a tender is made includes lump sum in

respect of part of 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

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

such items, or if the part of the work in question is not 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 payable to him, under the provision of this

Clause 40 Action where no specifications: In the case of work for which there is not such specification, such

work shall be carried out in accordance with the Standard Specification and in the event of there

being no Standard Specification, then in such case the work shall be carried out in all respect in

accordance with the instructions and requirements of the Engineer-in-charge.

Clause 41 Definition of work: The expression or “Work” or “Works” where used in these condition shall

unless, there be something in the subject or context repugnant to such contraction be construed to

mean the work, or the works, contracted to be executed under or in virtue of the contract, whether

temporary or permit and whether original, altered, substituted or additional.

Clause 42 Contractor’s percentage whether applied to net or gross amount of the bill: Percentage

referred to in the tender shall be deducted from/added to the gross amount of the bill before

deducting the value of any stock issued.

Clause 43 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 Owner or authority competent

to levy royalty in the area of wok. Copy of such statement shall be furnished to the Owner etc.

Contractor shall also furnish such additional information as regards royalty payment to the Owner

and the Royalty authority. The royalty charges paid shall be borne by the Contractor and shall not be

reimbursed by the Owner.

Clause 44 Compensation under the workmen’s compensation Act: The contractor shall be responsible for

and shall pay compensation to his workman payable under the Workmen’s Compensation Act

(VIII of 1923) hereinafter called said Act for injuries caused to the workman. If Owner pays such

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

shall be recoverable by Owner shall be recovered in the manner laid down in clause 1 above.

Clause 45 The contractor shall be responsible for and shall pay the expenses of providing medical aid to any

workman who may suffer a bodily injury as a result of an accident. If Owner incurs such expenses,

the same shall be recoverable from the contractor for with and be deducted, without prejudice to any

other remedy of Owner from amount due or that may become due to the contractor.

Clause 46 The contractor shall provided 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 shall comply with the following regulations in connection therewith:

(a) The workers shall be required to use the equipment so provided by the Contractor and

Contractor shall take adequate steps to ensure proper use of the equipment by those concerned.

(b) When work is carried on in approximate 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.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Clause 47 The quantities shown in the tender are approximate and no claim shall Be entrained for quantities of

work executed being less than 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 rate for the increased quantities as aforesaid will be fixed in the manner specified

Clause 48 Employment of famine or other labour: The contractor shall employ any famine, convict or other

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

Clause 49 No compensation shall be allowed for any delay caused in the staring of the work on account of

delay in making available the full site of land at a time.

Clause 50 Claim for compensation for delay in the execution of work: No claim for compensation shall be

allowed for any delay in execution of the work on account of Water standing in borrows 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 be entertained unless otherwise

expressly specified.

Clause 51 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 authority and instruction of

the engineer-in-charge or of his subordinate in charge of work. Failing such authoritys the

Contractor shall have no claim to ask measurement of or payment for work.

Clause 53 The employment of donkeys and / or other animals and the payment of fair wages: For Asphalt

work (s) as far as possible, only the contractors should employ the adult persons. If the adult person

is not available then the children below the age of 15 (fifteen years) should not be employment under

any circumstance.

(ii) No contractor shall employ donkey or other animals with breaching of string or thin rope. The

breaching 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

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

animal found working which dose not satisfy theses conditions and Owner shall accept no

responsibility for any delay caused in the completion work by such removal.

(v) The Contractor shall pay fair and reasonable wages to the workman employed by him in the

contract undertaken by him. In the event of dispute arising between contractor and his workmen

on the ground 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 be of the

Engineer-in-charge shall be conclusive and binding on the Contractor, but such decision shall

not in any way effect the conditions in the contract regarding the payment to be made by Owner

at the sanctioned tender rates.

(vi) The contractor shall provide drinking water facilities to the works / labourers employed on

Owner works. Amenities relating to sanitation shall also be provided to the workers / labourers

the Engineer-in-charge shall give notice writing and it the contractor does not provide this

facility to the. Workers / labourers within a period of ten days from the date of the notice

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

cost of the contractor.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

(vii) The contractor shall the amenity of proper shade and shelter to the work’s/ labourers and their

children on Owner work as soon as the work starts. It is contractor fail to provide shed and

shelter; the Engineer-in-charge shall provide it at the cost of contractor.

Clause 54 Method of payment: Payment to contractor shall be made by cheque drawn on any treasury bank of

the Owner provided the amount exceeds Rs.10 amount not exceeding Rs.10 will be paid in cash.

Clause 55 Employment of scarcity labour: If Owner 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

works as are suitable for unskilled labour any person certified to him by the Engineer-in-charge or by

any other person to whom the Engineer-in-charge may have delegated this duty in writing to be in

need of relief and shall be bound to say such persons which may arise in connection, with the

implementation of this clause shall be decided by the Engineer-in-charge whose decision shall be

final and binding on the contractor.

Clause 56 The rates to be quoted by the Contractor must be inclusive of all taxes No Extra payment on this

account will be made to the contractor.

Clause 57 The Contractor should, as far as possible, obtain his requirement of labourer’s skilled and unskilled,

form the nearest Employment Exchange so as to utilize the local employment potential. If there are

no local Employment Exchange or such Exchange are not able to provide the required labour

locally, suitable labourers should be utilized to the maximum extent possible.

Clause 58 Fair Wages: If Contractor fails to pay within ‘7’ (Seven) days to the labourer(s) /workers(s) the

minimum wages prescribed by the Owner 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) bill or deposit(s) payable by the Contractor after making

due inquiries and establishing the claim(s) of the labourer(s) / worker(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

wages as per Minimum Wages Act in force at the relevant time, If Contractor dose not act as

aforesaid within seven days, then the action contemplated as above shall be taken against him.

Clause 59 List of machinery:The contractor shall also give of machineries in his possession and which they

propose to use on the work.

Clause 60 (i) In case, the roller deployed by Owner 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 items of rolling and watering are to be carried out by the Owner.

(ii) If the contractor doses not plan his program so as to suit the requirement of the Owner, the

proportionate rental charges on roller shall be recovered from the contractor.

Clause 61 Local labours on normal rates: The contractor shall have to engage local labour and person

seeking employment where available on normal rate.

Clause 62 Rent will be recovered from the contractor for the land given to them for stacking materials well as

for contractor of temporary hutments etc.

Land measuring Charges

1. One hectare of less Rs.5 Per month

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

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 1 hectare & up to 4 hectares Rs.20 Per month

Clause 63 The contractor shall employ only such labour who shall produce a valid certificate of having been

vaccinated against small-box within a period of last three years.

Clause 64 Huts: The contractor shall build sufficient number of huts on a suitable plot of land for use of the

labourers according to the following specifications.

(1) Huts of bamboo’s and grass may be constructed.

(2) A good site shall be selected. High ground removed from jungle but well provided with trees

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 earthwork.

(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 Owner land, he should apply for if 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

nalla, river or well within 4.0 km of the camp. However arrangement should as possible, be made

to chlorinate water by chlorinated tablets before it is allowed for drinking purpose.

3. The contractor shall contract semi permanent latrines for the use of Labourers on the

following scale, namely:

(a) Where females 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 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 of the workers For Men Only or For Women Only: as the case may

5(2) The notice shall also bear the figures of a man or a women, as the case may be.

6 Urinals: There shall be at lest 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 it 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.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

7. Latrines and Urinal to be accessible: (1) The latrines and urinals shall be a 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 to be accessible: Water shall be provided by means of pipes or tanks

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 lest one washing place. (3) Such bathing and washing places should be suitably screened and

separate places provided for male and female workers. (4) Such facilities shall be conveniently

accessible and shall be kept in clean and hygienic condition.

10. Drainage: The contractor shall make sufficient arrangement for draining away the sewerage

water as well as water from the bathing and washing places and shall dispose off this water in

such a way as not to cause nuisance. The contractor should obtain 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 malarial oil once in week stagnant water round about in the residence.

11. Medical facilities: The contractor shall engage a medical officer with a traveling dispensary for

a camp having 500 or more persons if there is no Government’s 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. At lest 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 of Health Services

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 inoculated against cholera and plague and vaccinated against smallpox at the time or

recruitment, if they are not inoculated or vaccinated within 6 months or 3 years respectively prior

to the date of recruitment.

(b) When, in any labour camp there is an epidemic disease or threatened with such an outbreak,

the authorities in charge of the labour camp should ensure that all the inmates of the labour

colonies are inoculated or vaccinated as the case may be depending on the diseases, within

hours after the outbreak.

(c) The authorities in charge of the labour colony should arrange to communicate by wire

regarding the outbreak of the epidemic diseases on the very day of outbreak, to the Mamlatadar

of the Taluka the District Health officer or to the Deputy Director 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 from regarding the progress of the epidemic

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

(d) When the authorities in charge of the labour colony suspect or have reason to believe that

any inmate of the labour colony suffering from the infections or contagious disease, they shall

forthwith arrange for the segregation of such person 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 colony should report promptly the occurrence unusual

incidence of cases of malaria and also inform the District Health Officers of the District Deputy

Director of Public Healthy (Malaria) and the Director of Public Health and also arrange to

institute all necessary ant malarial measures as may be advised by the officials of the Public

(f) The authorities in charge of the colonies should also arrange to carry out other measures that

may be recommended by the officials of the Public Health Owner 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 aight in connection

with the contract works and in which employment of contract labour is likely to continue for

three months or more, the contractor 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 rules is not provided by the contractor within the period

prescribed the employed shall provide the same within a period of fifteen days of the expire 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 rooms or other suitable alternative accommodation shall be of such dimensions as to

provide latest a floor area or 1 sq. mt. for each person making use of rest rooms.

(6) The rest rooms or other suitable alternative accommodation shall be so contracted as to

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

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

from the establishment and shall have adequate supply of wholesome drinking water.

16. Canteen Facilities: (1) In every establishment of contact work and wherein work regarding the

employment of contract labour is likely to continue for six months and wherein contract 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 contract labour.

(2) If the contractor fails to provide the canteen facilities of within time laid down the same shall

be provided the principal employer within sixty days of the time allowed to the contractor.

(3) The canteen shall be made 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

storeroom, pantry and washing places separately for workers and for utensils.

(2) (i) The floor shall be made of smooth and impervious materials and inside walls shall lime-

wished or color washed at least once in each year, provided that 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.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

(ii) Wastewater shall be carried away in suitable covered drains and shall not allowed to

accumulate so as cause nuisance.

(iii) Suitable arrangements shall be made for collection and disposal of garbage.

18. Accommodation in dining hall: (1) The dining hall accommodates at a time, at least 30% of

the contract labour working at a time.

(2) The floor area of the dining hall excluding the area occupied per dinner to a accommodated

shall as prescribed in sub rule (1)

(3) (i) A portion of the dining hall and service counter hall 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, or benches shall be available for number of diners of be

accommodated as prescribed in sub rule (1)

19. Equipment in Canteen:

(1) (i) There shall be provided and maintained sufficient utensils, crockery cutlery, furniture and

any other equipment necessary for the efficient ruining 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

(ii) A service counter, if provided, shall have a top of smooth and impervious materials.

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

utensils and equipment.

20. Foodstuff to be served: The foodstuff 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 foodstuff, beverages and other items served in the

canteen shall be based on “no profit, no loss” and shall be conspicuously displayed in the

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 serpent 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 from promotion of welfare of the

workers according to the terms of the contract.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

23. Books of accounts and registers of the canteen: The books of accounts and registers and

other documents used in connection with the running of the canteen hall are produced on

demand to an inspector.

24. Audit of the Accounts of the canteen: The accounts pertaining to the canteen shall be audited

once every 12 months by registered accountants and auditors, provided that Labour

Commissioner may approve of any other person to audit the accounts. If he is satisfied that it is

not feasible to appoint a registered accountant and auditor in view of the site or the location of

Clause 65 Contractor shall have to arrange for supply of gumboots. Hand gloves, mask etc. Invariably to the

labourers/ workers engaged the contractor on asphalt work.

Clause 66 The contractor shall not show any distinction between Harijan and other class of labourers/workers

employed to the carry out the work.

Clause 67 DELETED

Clause 68 FENCING AND LIGHTING:

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

grading and taking of the necessary safety measures for all works comprised in the contract and

for the proper provision of temporary road, way foot-way, guards, fences, caution notices etc. as

far as the same may be tendered necessary by reasons of the work for the accommodation of

foot passengers or other traffic and of Owners and occupiers of adjacent property and the

public and shall remain responsible for any accidents that any 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 Owner.

Clause 69 LIABILITIES OF ACCIDENTS TO PERSONS:

Responsibilities and liabilities of the contractor under Worker’s Compensation Act are given in

clause No.44 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 the Engineer-in-charge the fact of such accident(s). The contractor shall

indemnify Owner against all loss or damage sustained by the Owner resulting directly or indirectly

from his failures to give intimation in the manner aforesaid including the penalties or fines, if any,

payable by the Owner as a consequence of Owners failure to give notice under the Workmen’s

Compensation Act or otherwise to conform to the provisions of the said act in regard to such

(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 Owner 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 in regard to all matters arising

under this clause.

Clause 70 ACCESS TO SITE AND WORK IN SITE: The Engineer may, if he considers fit from to time,

enter upon any land (s) which may be in possession of the contractor this contract for the purpose

of agent or by other contractors, at his opinion and the contractor shall in accordance with the

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

requirements of the Engineer-in-charge afford all reasonable facilities for execution of the work

including occupation of lands by structure of otherwise for any other contractor employed by the

site of work Owner and his workmen or for the workman of the Owner 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 Owner

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 assess the value in his

judgment of such damage and the Owner shall from time to time pay to the contractor the amount

(if any) accepted as justified by the Engineer-in-charge.

Clause 71 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

and unskilled. 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

obligations under the contract.

(ii) A classified weekly returns in suitable form of the number of person employed on the works

during the proceeding week.

(iii) A weekly medical report in the suitable form showing the health of the contractor’s camp, the

number of person’s ill incapacitated and the nature of their illness.

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

(v) Such other report as may be prescribed.

Clause 72 Treasure Trove:

In the event of discovery by the contractor or his employees, during the progress of work of any

gold, silver, oil or other minerals of any description and precious stones, treasures, coils, quantities,

relic, fossils or other articles or value of interest whether geological archaeological or any other such

treasure & other things shall be deemed to be the absolute property of the Owner and the contractor

shall duly preserve the same to the satisfaction of the Engineer-in-charge from time and relieve the

same such person as the Engineer-in-charge may appoint.

The contractor shall take all reasonable precautions to prevent his workmen or any other person

from removing or damaging any such articles or things, immediately after the discovery thereof and

before removed acquaint the Engineer-in-charge with such discovery and carry out his orders for the

disposal of the same.

Clause 73 Indemnity:

The contractor shall indemnify the Owner against all actions, suits claims & demands through or

made against the Owner in respect of work of this contractor against any loss damage to Owner in

consequences of any action or suit being brought against the contractor anything done or omitted to

be done in execution of the work of this contract.

Clause 74 Insurance of Labours:

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

workers, and supervisors’ etc. employed by him as per labour regulation of the state.

Clause 75 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

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

provisions 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

alignment 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 date supplied in writing by the Engineer-in-charge: the

expenses of rectifying the same shall be borne by the Owner. 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 benchmarks site nails, page and other things used in setting out of the work

Clause 76 Cement Register:

A register in the prescribed from showing day-to-day receipt, consumption and balance of cement

on site of work will be maintained by the Owner, which shall invariable be signed daily by the

contractor or his authorized representative in token of its correctness.

Clause 77 Materials and Works Test Register:

A register in the prescribed perform showing day to day receipt consumption and balance of cement

on the site of work by the contractor and every entry there of shall invariably be checked by the

Engineer-in-charge.

Clause 78 Progress Schedule:

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

order to start the work, the progress schedule in quadruplicate indicting the date of 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 indicting 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 which it is proposed

general and detailed arrangements for carrying out works, and of item order and manner in

which it is proposed that these shall be executed. The schedule should be framed keeping

requirement of the clause 2 of tender from in view and be such as in 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 Engineer-in-charge. Further, the dates for

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

In case it is found necessary, at any stage to alter the schedule, the contractor shall submit in

good. Time a revised schedule incorporating necessary modification proposed and get 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

schedules. Any week-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 alter the order of the work of any part there of and the

contractor shall after receiving such direction, proceed in the order direct. 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

(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 hour shall comply with all the Owner regulations in force 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.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

(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 the considers necessary at any

time advise alternation in the same, which the contractor shall adopt on notice there of.

(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 of a chart etc. at

periodical intervals as may be specified by Engineer-in-charge.

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

Schedule required by the Engineer-in-charge shall not entitle the contractor to any extra

Clause 79 Secured Advance to Contractor:

(1) Before any secured advance for metal is paid to the contractor, the metal shall have to be tested

for its quality in the laboratory Contractor’s request for such secured advance will be considered only

after test results of metals are received and results are satisfactory.

(2) Advance on security of materials brought to site will not exceed 75% of the value (as assessed by

the Engineer-in-charge) of such materials provided that the are of imperishable nature.

(3) Recovery of advances will not be postponed until the whole of the work entrusted is completed.

Secured advance will be recovered within 3 months from the month in which secured advance is

(4) Secured advance is permissible on materials, which are all actually brought on site and are

required by the contractor for use on items of works for which rates for finished work have been

(5) Secured advance will be given only on materials for which the contractor pays the full value to

Clause 80 Advance Payment: Advance Payment for the work done, but not Measured, may be made up to

80% of the approximate value work done as shown in the progress reports of approximate

measurement Sheets with location furnished by Engineer-in-charge subject to the following

(1) That in the case of advance payment on the item of earthwork payment should be made on the

basis of detailed measurements except during the monsoon period (June to September).

(2) That the detailed measurement should be recorded within the month from the date of payment

of the bill incorporating the advance payment. However in the case of sectional measurements of

earthwork, detailed measurements should be recorded within their months instead of one month

stipulated above.

(3) If, on recording of the detailed measurements, it is found that advance payment shall be

refunded forthwith by the contractor or demand, if it cannot be adjusted from the bill in which

the item/s on which advance payment was given are recorded by measurements.

Clause 81 Advance Against Machineries:

1. Secured advance on plants and machinery’s brought to the site of work is admissible for the

contracts estimated to cost more than Rs. Ten Lacks.

2. Simple interest in such advances granted to contractor against plants and machinery’s brought to

work sites be charged at the rate of …% per annum.

3. The recovery of the advance shall be effected from the second month in which advance is given

and full recovery will be completed by the time seventy five percent of scheduled time is

4. Such advance will be limited to 5 percent of the estimated amount put to tender.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

5. The advance will be limited to 5 percent actually brought to the of work

6. The machinery and equipment on which the advance is granted shall be of full undisputed

Ownership of the contractor, and they shall be hypothecated to Owner and also

comprehensively insured till the advance granted is fully recovered. The hypothecation deed shall

be executed separately before the advance is actually given.

7. The advance will be grated as 75 percent of the cost of new equipment for which the contractor

is able to produce purchase-voucher and other documents. This will not be applicable in the case

second-hand equipment purchased by the contractor.

8. In the case of used or second-hand equipment brought by the contractor, advance will be

allowed at 50 percent of the value of the equipment arrived at in following manner:-

(a) For used equipment, for which the records of original purchase price and utilization are

available, depreciated value, so worked out.

(b) For used equipment, for which proper records of purchase price and past utilization are not

available, approved valuer will assess the value. The value assessed will be based on the

probable age of the equipment, its present condition and its probable depreciated value, in

working out depreciation age of the equipment, its present condition and probable Owner of

spares, repair, reconditioning of the equipment’s shall not be taken into account towards the

capital cost. The value arrived at by the will approved valuer will be final.

9. No. Advance my be allowed for equipment which is more than 8 years old or which has already

worked for more than 80 percent of its life.

10. No. Advance shall be given to transport-vehicles like jeeps, station-wagons, estate-car and such

other vehicle ordinarily required for transport purposes.

11. The recovery will have to be completed within the stipulated period of completion of work i.e.

_____________ months

Clause 82 Mobilization Advance:

1. Mobilization advance to the extent of 5% of the estimated cost may be granted at the

commencement of the work after the contractor has set up camp on site has brought machinery

equipment and centering etc., for well-sinking and has completed the work of service road, water-

supply and lighting arrangements on the site of works which are estimated to cost over Rs.40 lacks.

2. The advance will carry a simple interest at the rate of …% Per annum.

3. The recovery of advance shall commence from the sixth month from the month in which the

advance is paid and full recovery of advance and interest shall be completed by the end of _______

month from the date of issue of the work order, in other words, the recovery of advance and interest

will spread over a spell of …months or less a above in equal installments.

4. A bank guarantee from a schedule commercial bank shall have to be produced for the amount of

advance applied for; the back guarantee can be scaled down to the extent of recovery of advances.

5. Mobilization advance will be treated as interest bearing refundable loan for purpose. The

responsibility of the Contractor for the refund of Mobilization Advance is absolute and not

dependent upon the completion of the work. The contractor will have to refund the advance with

accrued interest irrespective of the fact whether either party of abandoned or finalized prematurely

breaches the contract.

Clause 83 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 Executive Engineer before the work is started.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Clause 84 One percent of estimated cost put to tender for this work after deducting the cost of materials as per

Schedule ‘A’ valued at basic rate in the sanctioned estimate shall be deducted from the running

account bills of the contractor for testing the quality of materials and workmanship, no additional

testing charges in addition to the above shall be recovered from the contractor.

However in respect of work involving use of asphalt, the contractor will set up the site testing

Laboratory and will provide testing instruments etc. as under:

Laboratory: The contractor will construct pucca structure of minimum 25 square meter area duly

connected with water and electric supply to house site testing Laboratory.

Instruments: The contractor will provide and install the instruments as per following I.S. Standard

to carry out the test prescribes therein.

1. Penetration test as per I.S.

2. Softening point test as per I.S.

3. Ductility test as per I.S.

4. Viscosity test as per I.S.

5. Specification gravity test as per I.S.

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

Annexures: - The information in the following annexures specimens should be furnished on separate letter pad

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

The Chief Officer PLACE:

_______________Municipality DATE:

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

address (es), telephone numbers(s) Income Tax No etc. are as under:

Sr. Names(s) of Person/ Full address of the Telephone Residential Telephone Full address of

No. Partner Director of Places of business No. (s) Address(es) No. (s) income tax Office

the company (with pin code) (office) Resi. ward where income

tax return is filed

I/We hereby agree to intimate to you about change if any, in the above mentioned address (es) and telephone

No. (s) within Fifteen days of its occurrence till my/our deposit, for the said work paid by me/us is not returned

Dated Signature of Tenderer

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

PERFORMANCE BOND

(SEE CLAUSE NO. 1)

(The date of this bond must not be prior to the date of the instrument in connection with which it is given).

.Principal (Contractor)

Sum of Bond (express in words and figures)

Contract No. and date of contract

KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE PRINCIPALS AND SURETY above

named are held and firmly bound up to the …………………………………………… hereinafter called the

Employer in the amount stated for payment of which sum, well and truly to be made, we bind ourselves, our

heirs, executors, administrators and successors jointly and severally, firmly by these presents subject to the

provisions of which the aforesaid Contractor on demand and without demand on a claim being made by the

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the principals have entered in to a

contract with the Employer numbered and dates as shown above and hereto attached for the execution of work

NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants,

terms, conditions and agreements of said contact during the original terms of the said contract and any

extensions thereof that extensions thereof that may be granted by the Employer with or without notice to the

surety and during the life or any guarantee required under the contract and shall also well and truly perform and

fulfill all the undertakings, covenants, terms, conditions and agreements of any all duty and unduly authorized

modifications of said contract may hereafter be made, notice of which modifications to the surety being hereby

waived or shall pay over, make good and reimburse to the Employer all loss and damages which the employer

may sustain by reason of failure or default on the part of said Principal so to do. We …………………………

…………………………………… further agree that the guarantee herein Contained shall remain in full force

and effect during the period that would be taken for the validity of the said Contract, and that it shall continue

to be enforceable till all the dues of the employer under or by virtue of the Contract have been fully paid and its

claims satisfied or discharged or till the Employer certifies that the terms and conditions of the Contract have

been fully and properly carried out by the said Contractor and accordingly discharges the guarantee. Unless a

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

demand or claim under this guarantee is made on us in writing on or before the ………………………………..

we shall be discharged from all liability under this guarantee thereafter.

IN WITNESS WHERE OF, the above bounded parties have executed this instrument under their several

seals on the date indicated above the name and corporate seal of each corporate partly being hereto affixed and

these presents duly signed by its undersigned by its undersigned representatives, pursuant to authority of its

governing body.

In the presence of witness

by ………………………………………………. Affix Corporate Seal

Attested Corporate surety

Business Address_________________________

Affix by …………………………………………………………….. corporate Seal

For and on behalf of the Employer

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

LIST OF WORKS ALREADY COMPLETED BY TENDERER

Sr. Name of work Place Cost On Time taken in months To Remarks

No. completion complete the work

* Necessary certificate from the officer concerned shall be attached with the tender.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

LIST OF PLANT AND MACHINERY IN GOOD WORKING ORDER AVAILABLE WITH THE

Sr. Plant or Machinery Location Age of Make. Capacity Approximate Remarks

No. Machinery Value

* Necessary certificate from the officer concerned shall be attached with the tender.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

DECLARATION REGARDING WORKS ON HAND WITH TENDERER

Sr. Name Place Estimated Date of issue Stipulated period Amount of Brief detail Remarks

No of work Cost of work of completion work done on of delay if

. order date of filling any

* Size of Tender

Signature of Tenderer with Date

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

tenders are invited.

* Necessary certificate from the officer concerned shall be attached with the tender.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Schedule showing (approximate) the materials to be supplied from the store for work contracted to be

executed and the rates at which at which they are to be charged for

Particulars Approximate Quantity Rate of which the materials will be charged to the contractor Place of delivery

Unit Rate in Rupees

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Memorandum showing items of works to be carried out

Items Quantities estimated but Item of Estimated Rates Unit Total Amount according to

Items Quantities estimated but Item of Estimated Rates Unit Total Amount according to

No. may be more or less work estimated quantities

In figure Inwards

I/We am/are willing to carry out the work at …% above/below percent (should be written in figures and

words) of the estimated rates mentioned above. Amount of my/our tender works out as under.

*Estimated amount *Estimated amount

Put to tender Rs. … Put to tender Rs.…

Add: …% above Rs. … Deduct …% below Rs.…

Total Rs. … Net Rs.…

In words …………..… In words…

(Please strike out whichever is not applicable)

Note: 1 All work shall be carried out as per Public Works Owner Handbook and other standard specification

or as directed.

Note: 2 All the column is Schedule be filled in ink and the total of the entries in the last column should be

struck by the contractor under his signature.

Signature of the Contractor: THASRA NAGARPALIKA, THASRA

Note: 3 Rates quoted include clearance of site (prior commencement of work and at its close) in all respect

and hold good for work under all condition, site, moisture, weather etc.

Note: 4 to be continued on additional sheets, if found necessary.

Time Schedule, for completion of different designate parts of the work and rte of liquidated damage of

be paid by the Contractor, if he fails to complete the part of work within stipulated the limit it as

detailed above:

Percentage of time of the Time schedule of completion Rate of liquidated damages per

total time limit percentage of work day

Buildings Works

Signature of the Contractor: THASRA NAGARPALIKA, THASRA