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NUMALIGARH REFINERY LIMITED

GENERAL CONDITIONS OF CONTRACT

For implementation of Numaligarh Refinery Project.

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TABLE OF CONTENTS
FOR
GENERAL CONDITIONS OF CONTRACT

SL.NO. DESCRIPTION PAGE NO.

(I) TABLE OF CONTENT (I) to (iv)

(II) SUBMISSION OF TENDER 1
SECTION-I (GENERAL CONDITION OF CONTRACT) 2 to 5
1.0 DEFINITION OF TERMS 2 to 5
SECTION-II (GENERAL INFORMATION) 6 to 9
2.0 GENERAL INFORMATION 6

2.1 (a) LOCATION OF SITE 6

(b) ACCESS BY ROAD 6
2.2 SCOPE OF WORK 6
2.3 WATER SUPPLY 6
2.4 POWER SUPPLY 7&8
2.5 LAND FOR CONTRACTOR’S FIELD OFFICE , GODOWN

& WORKSHOP 8&9

2.6 LAND FORSIDENTAL ACCOMMODATION 9
SECTION-III (GENERAL INSTRUCTION TO TENDERERS) 10 to 17
3.0 SUBMISSION OF TENDER 10
4.0 DOCUMENTS 10
4.1 GENERAL 10 & 11
4.2 ALL PAGES TO BE INTIALLED 1
4.3 RATES TO BE IN FIGURES AND WORDS 11 & 12
4.4 CORRECTION AND ERASURES 12
4.5 SIGNATURE OF TENDERER 12
4.6 WITNESS 12
4.7 DETAILS OF EXPERIENCE 12
5.0 TRANSFER OF TENDER DOCUMENTS 12
6.0 EARNEST MONEY 12 & 13
7.0 VALIDITY 13
8.0 ADDENDA/CORRIGENDA 13

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9.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 13

10.0 SECURITY DEPOSIT 14
11.0 TIME SCHEDULE 14
12.0 COLLECTION OF DATA TENDERER’S RESPONSIBILITY 14
13.0 RETIRED GOVERNMENT OR COMPANY OFFICERS 14
14.0 SIGNING OF CONTRACT AGREEMENT 15
15.0 FIELD MANAGEMENT BY ENGINEER-IN-CHARGE 15
16.0 NOTE TO SCHDULE OF RATES 15
17.0 POLICY FOR TENDERERS UNDER CONSIDERATION 15 & 16
18.0 AWARD OF CONTRACT 16
19.0 CLARIFICATION OF TENDER DOCUMENT 16
20.0 LOCAL CONDITION 16 & 17
21.0 ABNORMAL RATES 17
SECTION-IV (GENERAL OBLIGATIONS) 18 to34
22.0 INTERPRETATION OF CONTRACT DOCUMENT 18
22.1 GENERAL 18
22.2 HEADINGS AND MARGINAL NOTES 18
22.3 SINGULAR AND PLURAL 18
23.0 SPECIAL CONDITION OF CONTRACT 18 & 19
24.0 CONTRACTOR TO OBTAIN HIS OWN INFORMATION 19 & 20
25.0 SECURITY DEPOSIT 20 & 21
26.0 TIME OF PERFORMANCE 21 & 22
26.1 TIME FOR MOBILISATION 21
26.2 THE SCHDULE OF CONSTRUCTION 21& 22
27.0 FORCE MAJEURE 22
28.0 EXTENTSION OF TIME 22
29.0 COMPENSATION FOR DELAY (LIQUID DAMAGE) 22
30.0 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED
AS RESPONSIBLE COMPENSATION WITHOUT REFERENCE TO
ACTUAL LOSS 22 & 23
31.0 RIGHT OF OWNER TO FORFEIT SECURITY DEPOSIT 23
32.0 FAILURE BY THE CONTRACTOR TO COMPLY WITH THE
PROVISIONS OF THE CONTRACT 23 & 24
33.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION
IF ACTION NOT TAKEN UNDER CLAUSE 32.0 ENTITLED FAILURE
BY CONTRACTOR. 24 & 25
34.0 CHANGE IN CONSTITUTION 25
35.0 TERMINATION OF CONTRACT FOR DEATH 25
36.0 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE 25
37.0 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS 25

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38.0 CONTRACTORS OFFICE AT SITE 25 & 26

39.0 CONTRACTORS SUBORDINATE STAFF AND THEIR CONDUCT
26 & 27
40.0 (I) SUB-LETTING OF WORDS 27
(II) SUB CONTRACT FOR TEMPORARY WORKS ETC 27
(III) LIST OF SUB CONTRACTORS TO BE SUPPLIED 27
(IV) CONTRACTORS LIABILITY NOT LIMITED BY SUB
CONTRACTORS 27
(V) OWNER MAY TERMINATE SUB CONTRACTS 27
(VI) NO REMEDY FOR ACTION TAKEN UNDER THIS CLAUSE

41.0 POWER OF ENTRY 28 & 29

42.0 CONTRACTORS RESPONSIBILITY WITH MECHANICAL,
ELECTRICAL
INTERCOMMINUCATION SYSTEM, AIR CONDITIONING
CONTRACTORS
AND OTHER AGENCIES 29

43.0 OTHER AGENCIES AT SITE 29

44.0 NOTICES 29
45.0 RIGHT OF VARIOUS INTERESTS 29 & 30
46.0 PATENTS AND ROYALTIES 30 & 31
47.0 LIENS 31
48.0 DELAYS BY OWNER OR HIS AUTHORISED AGENCIES 31 & 32

49.0 PAYMENTS IF THE CONTRACT IS TERMINATED 32

50.0 NO WAIVER OF RIGHTS 32

51.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER 32 &
AND LIABILITY 33
OF CONTRACTOR
52.0 LANGUAGES AND MEASURES 33
53.0 TRANSFER OF TITLE 33
54.0 RELEASE OF INFORMATION 33
55.0 BRAND NAME 33
56.0 COMPLETION OF CONTRACT 33
57.0 SPARES 33 &
34
SECTION-V (PERFOMANCE OF WORK) 35 to
36

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58.0 EXECUTION OF WORK 35

59.0 COORDINATION AND INSPECTION OF WORK 35
60.0 ALTERATIONS IN SPECIFICATIONS,DESIGN & 35 to
EXTRA WORK 37
61.0 WORKS ON SUNDAY AND HOLIDAYS 37
62.0 GENERAL CONDITIONS FOR CONSTRUCTION & 37 &
ERECTION WORK 38
63.0 DRAWINGS TO BE SUPPLIED BY THE OWNER 38
64.0 DRAWINGS TO BE SUPPLIED BY THE CONTRACTOR 38 &
39
65.0 SETTING OUT WORKS 39 &
40
66.0 RESPONSIBILITY FOR LEVELS AND ALIGNMENT 40
67.0 MATERIALS TO BE SUPPLIED BY CONTRACTOR 40
68.0 STORES SUPPLIED BY OWNER/SECURITY OF 41
MATERIALS/EQUIPMENTS
69.0 CONDITION FOR ISSUE OF MATERIAL 41 to
43
70.0 MATERIALS PROCURED WITH ASSISTANCE OF 43
OWNER/RETURN OF SURPLUS
71.0 MATERIALS OBTAIN FROM DISMANILING 43
72.0 ARTICLES OF VALUE FOUND 43
73.0 DISCREPENCIES BETWEEN INSTRUCTION 43 &
44
74.0 WORK IN MONSOON & DEWATERING 44
75.0 ACTION WHERE NO SPECIFICATION IS ISSUED 44
76.0 INSPECTION OF WORKS 44 &
45
77.0 ASSISTANCE TO ENGINEER-IN-CHARGE 45
78.0 TESTS FOR QUALITY OF WORKS/QUALITY 45 &
ASSURANCE 46
79.0 SAMPLES OF APPROVAL 46
80.0 ACTION AND COMPENSATION IN CASE OF BAD 46
WORK
81.0 SUSPENSION OF WORK 46 &
47
82.0 OWNER MAY DO PART OF WORK 47
83.0 POSSESSION PRIOR TO COMPLETION 47
84.0 TWELVE MONTHS PERIOD OF LIABILITY FROM THE 47
DATE OF ISSUE OF COMPLETION CERTIFICATE

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84.1 FAILURE TO RECTIFY DEFECTS DURING LIABILITY 47

PERIOD AND VERIATIONS
84.2 EXTENDED LIABILITY ON CONTRACT 48
PERFOMANCE GUARANTEE
84.3 CARE OF WORKS 48
84.4 DEFECTS PRIOR TO TAKING OVER 48 &
49
84.5 DEFECTS AFTER TAKING OVER 49
85.0 GUARANTEE / TRANSFER OF GUARANTEE 49
86.0 TRAINING OF OWNER’S PERSONAL 49
87.0 REPLACEMENT OF DEFECTIVE PARIS & MATERIALS 49 &
50

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SUBMISSION OF TENDER
From:
M/S

To:

Subject: Tender in response to ………………………………………

……………………………………………………………………

Dear Sirs,

We hereby submit our offer in full compliance with the terms and
conditions of the attached tender. Earnest money Deposit in the form of a
………………………………for an amount of RS……………………..Valid upto
……………………………………………………is enclosed.

Yours truly,

Signature of Tenderer
Full name of the person
Signing the Tender
Title and capacity of the person

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CERTIFICATE AS TO CORPORATE PRINCIPAL

I…………………………………………….Certify that I am
……………………………………..Secretary of the corporation organized under
the laws of……………………………………….and that……………
………………………….who signed the above tender is authorized to bind the
corporation company/firm by authority of its governing body /Board of Directors,
etc.

……………………………………
Secretary. /M.D/Director/G.M.

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SECTION -1

GENERAL CONDITIONS OF CONTRACT

1.0 DEFINITION OF TERMS:

In the contract documents as herein defined where the context so admits, the
following words and expressions will have the following meanings:

(1) “The Owner” means the Numaligarh Refinery Limited company

within the companies act 1956 having its registered office at Tarun
Nagar, 4th Road, Guwahati-781005, Assam.

(2) The “Contractor” means the person or persons, firm or company or

corporation whose tender has been accepted by the Owner and
includes the Contractor’s legal representatives, his successors and
permitted assigns.

(3) The “Managing Director” shall mean the Managing Director of the
Numaligarh Refinery Limited (NRL) or his successor in office as
designated by the Owner.

(4) The “Chief Engineer” shall mean the General Manager (project)/
Executive Director (proj.), Numaligarh Refinery Limited, or his
successor in office or his authorized Project Nominee.

(5) The “Engineer-in-charge” shall mean the person designated as such

by the owner and shall include those who are expressly authorized by
him to act for an on his behalf of operation of this contract.

(6) The “Work” shall mean the works to be executed in accordance with
contract or part there of as the case may be and shall include all extra,
additional, altered or substituted works as required for purpose of the
contract.

(7) The “Permanent Work” means and includes works which will be
incorporated in and form a part of the work to be handed over to the
owner by the contractor on completion of the contract.

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(8) “Construction Equipment” means all appliances/equipment and things

what so ever nature for the use in or for the execution, completion,
operation or maintenance of the work or temporary works (as here-in-
after defined) but does not include materials or other things intended
to form or to be incorporated in to the work, or camping facilities.

(9) “Site” shall mean the lands and other places on, under, in or through
which the permanent works are to be carried out and any other lands
or places provided by the owner for the purpose of the contract.

(10) “Contract Documents” means collectively the tender documents,

Designs, Drawings, Specification, schedule of quantities and Rates,
Letter of Acceptance and agreed variations if any and such other
documents constituting the tender and acceptance thereof.

(11) The “Contract” shall mean the agreement between the owner and the
contractor for the execution of the works including there in all
Contract documents.

(12) “EIL” means Engineers India Limited. Who are the consulting
engineers to the owner for this project and having registered office at
I. Bhikaiji Cam place. R.K.Puram . New Delhi-110066.

(13) “Manager to project/project Manager/project co-ordinator”shall mean

manager in charge of this project designated by Engineers India
Limited or his successor or his authorized nominee.

(14) The “Sub contractor” means any person or firm or company (other
than the contractor) to whom any part of the work has been entrusted
by the contractor, with prior written consent of the engineer-in-
Charge, and the legal personal representatives, successors and
permitted assigns of such person, firm or company.

(15) The “Specification” Shall mean all directions. Provisions the various
technical specification, attached and referred to the tender documents
which pertain to the method and manner of performing the work or
works to the quantities and qualities of the work or works and the
materials to be furnished under the contract for the work or works, as
may be exemplified or modified by the owner or Engineer-in-charge
during the performance of contract in order to provide for the

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unforeseen conditions or in the best interests of the work or worksheet

shall also include the edition of relevant Indian standard specifications
including all addenda / corrigenda published before entering into
contract .

(16) The “Drawings” shall include maps, plans and tracings or prints or
sketches thereof with any modifications approved in writing by the
engineer-in-charge and such other drawing as may, from time to
time.be furnished or approved in writing by the engineer-in-charge.

(17) The “Tender” means the proposal along with supporting documents
submitted by the contractor for consideration by the owner.

(18) The “Alternation order”means an order given in writing by the

engineer-in-charge to effect additions to or deletions from and
alternation in the works.

(19) “Virtual completion” means completion of all important/essential

works pending certain small value works kept inabeyance by the
owner to achieve required co-ordinate completion with other inter
linked unavoidable activities.

(20) The “Completion certificate” shall mean the certificate to be issued by

the engineer-in –charge when the works have been completed in
accordance of CONTRACT DOCUMENT to his satisfaction.
Completion certificate shall include completion of works with respect
to virtual completion subject to owner’s decision to declare virtual
completion with agreed time.

(21) The “Final Certificate” in relation to a work means the certificate

regarding the satisfactory compliance of various provisions of the
contract by the contractor issued by the engineer-in-charge / owner
after the period of liability is over.

(22) The “PEROID OF LIABILITY” in relation to a work means the

specified period from the date of COMPLETION CERTIFICATE up
to the date of issue of FINAL CERTIFICATE during which the
contractor stands responsible for rectifying all defects that may appear
in the works executed by the contractor in pursuance of the contract
and includes workmanship defect, warranties against

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Manufacturing/Fabrication defects covering all materials, plants,

equipment’s, components and the like supplied by the contractor.

(23) The “APPOINTING AUTHORITY” for the purpose of arbitration

shall be the managing director or any other person so designated by
the owner.

(24) “Temporary Works” shall mean all temporary works of every kind
required in or about the execution, completion or maintenance of
works.

(25) “Plans” shall mean all maps, sketches and layouts as are incorporated
in the contract in order to define broadly the scope and the
specification of the work or works, and all reproductions thereof.

(26) “Notice in writing or written notice” shall mean a notice in written,

typed or printed characters sent (unless delivered personally or
otherwise provide to have been received by the addressee) by
registered post to the latest known private or business address or
registered office of the addressee and shall to deemed to have been
received in the ordinary course of post it would have been delivered.

(27) “Approved” shall mean approved in writing including subsequent

written confirmation of previous verbal approval and “Approval”
means approval in writing including as aforesaid.

(28) “Telex/Letter of Intent” shall mean an intimation by a Telex /letter to

Tendered (s) that the tender has been accepted in accordance with the
provisions contained in the letter.

(29) “Day” means a day of 24 hours from midnight to midnight

irrespective of the number of hours worked in that day.

(30) “Working Day” means any day other than declared to be holiday or
rest day by the owner.

(31) “Week” means a period of any consecutive seven days.

(32) “Metric system” all technical documents regarding the construction of

works are given in the metric system and all work in the project

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should be carried out according to the metric system. All documents

concerning the work shall also be maintained in the metric system.

(33) “Value of contract” means the sum accepted or the sum calculated in
accordance with the prices accepted in tender and/or the contract rates
as payable to the contractor for the entire execution and the full
completion of the work.

(34) “Language for Drawings and instruction” all the drawings, titles,
notes, instruction, dimension, etc. shall be in English language.

(35) “Mobilization” shall mean establishment of sufficiently adequate

infrastructure by the contractor at “site” comprising of construction
equipment, aids, tools tackles including setting of site offices at
facilities such as power, water, communication etc. Establishing
manpower organization comprising of resident Engineers, Supervising
personal and adequate strength of skilled, semi-skilled an UN-skilled
workers, who with the so established infrastructure shall be in a
position to commence execution of work at site (s) , in accordance
with the agreed time schedule of completion of work . Mobilization
has been considered to have been unachieved, if the contractor is able
to establish infrastructure as indicated above to begin work at all site
(S)/ location as per the time, schedule, where so warranted in
accordance with agreed schedule of work implementation to the
satisfaction of engineer-in –charge/owner.

(36) “Commissioning” shall mean putting into service .of the system
including the plant (s) equipment (s) , vessel (s), pipeline, machinery
(is), or any other section or sub section of installation (S) per training
to the work of the contractor after successful testing and trial runs of
the same.

“Commissioning” can be either for a completed system or a part of

system of a combination of system or sub system and can be perform
in any sequence as desired by owner and in a manner established to be
made suited according to availability of prerequisites. Any such
readjustments made by owner in performance of commissioning
activity will not be constructed to be violating contract provisions and
contractor shall be deemed have provided for the same.

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Section –II

2.0 GENERAL INFORMATION:

2.1 (a) location of site :

The proposed location of project site is defined in the special

condition of the contract.
(b) Access by Road :

Contractor if necessary if build other temporary access road to

the actual site of construction for his own work at his owns
cost. The contractor shall be required to permit the use of the
roads so constructed by him for vehicle of any other parties
who may be engaged on the project site. The contractor shall
also facilitate construction of the permanent roads should the
construction there of start while he is engaged on this work. He
shall make due allowance in this tender for any inconvenience
he anticipate on such account.

Non availability of access roads and railway siding the use of

the contractor shall in no case condone any delay in the
execution of works nor be the cause for any claims for
compensation against the owner.

2.2 Scope of work:

The scope of work is defined in the special condition of contract and

specification. The contractor shall provide all necessary materials,
equipment, labour etc. For the execution and maintenance of the work
till completion unless otherwise mentioned in this tender documents.
All materials that go with the work shall be approved by Engineer-in-
Charge prior to procurement and use.

2.3 Water supply:

Contractor will have to make his own arrangements for supply of

water to his labour camps and for works. All pumping installation,
pipe net wok and distribution system will have to be Carried by the
contractor at his own cost.

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Alternatively the owner his direction may endeavor to provide water

to the contractor at the owner’s source of supply provided the
contractor make his own arrangement For piping net work and
arrangement from source of supply and distribution pipe net Work
shall have the prior approval of the Engineer-In-Charge, so as not to
interfere with the Layout and progress of the other construction
works. In such case, the rate for water shall be Rs.2.99 per kilo litre
which will be deducted from the running account bills.

However, the owner doesn’t guarantee the supply of water and this
does not relieve the contractor of his responsibility in making his own
arrangement and for the timely completion of the Various works as
stipulated.

2.4 POWER SUPPLY:

2.4.1 Owner will supply power at 400/440v subject to availability, at the nearest
sub-station from where the contractor will make his own arrangements for
temporary distribution. All the works will be done as per IEA regulations
and passed by the Engineer-In-Charge. The temporary lines will be removed
forthwith after the completion of the work or if there is any hindrance cause
to the other work due to the alignment of these lines, the contractor will
reroute or remove the temporary lines at his own cost. The contractor at his
cost will also provide suitable electric meters (duly tested by state electricity
board), fuses, switches, etc., for purposes of payment to the owner which
should be in the custody and control of the owner. The cost of power supply
shall be payable to the owner every month at Rs.2.53 (rupees two and paise
fifty-three only) per kWh, which would be deducted from the running
accounts bills. The owner shall not, however, guarantee the supply of
electricity and no compensation for failure or short supply of electricity will
be entertained.

2.4.2 It shall be the responsibility of the contractor to provide and maintain

the complete installation of the load side of the supply with due regard to
safety and proper circuit protection requirement at site. All cabling,
equipment, installations etc. shall comply in all respects with the latest
statutory requirement and safety provisions i.e. as per the Central/State

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electricity acts and rules etc. The contractor will ensure that his equipment
and electrical wiring etc. are installed and modified, maintained by a
licensed Electrical/Supervisor. A test certificate to be produced to Engineer-
in-charge for this approval, before power is made available. Non adhere of
safety code shall render the contractor to be penalized as deemed fit by
Engineer-In-Charge.

2.4.3 At all times IEA regulation shall be followed failing which the
owner has a right to disconnect the power supply without any reference to
the contractor. No claim shall be entertained for such disconnection by the
Engineer-In-Charge. Power supply will be reconnected only after production
of fresh certificate from the authorized electrical supervisors.

2.4.4 The owner is not liable for any loss or damage to the contractor’s
equipment as a result of variation of voltage or frequency or interruption in
power supply or other loss to the contractor arising there from.
2.4.5 The contractor shall ensure that the electrical equipment installed by
him are such that average power factor does not fall bellow 0.90 in any
month, he will reimburse to the Owner for all units consumed during the
month. (On account of low P.F.I)
2.4.6 The power supply required for contractors colony near the plant
site will be determined by the owner and shall be as per State electricity
Board, Rules and other statuary provisions applicable for such installation
from time to time. In case of power supply to contractors colony, the power
will be made single point and the contractor shall make his own arrangement
at his own cost for distribution to the occupants of the colony as per
electricity Rules and acts. The site area and the colony shall] be sufficiently
illuminated to avoid accidents.
2.4.7 The contractor will have to provide and install his own light and
power meters duly tested by the State electricity Board which will be
governed as per Central/State Government Electricity rules. The owner shall
seal the meters.

2.4.8 In case of damage of any of the Owner’s equipment on account of

fault, intentional or unintentional on the part of the contractor, the Owner
reveres the right to recover the cost of such damage from the contractor’s
bill. Cost of HRC Fuses replace at the Owner’s terminals due to any fault in
the contractor’s installation shall be to contractor’s account at the rates
decided by the Engineer-in-charge. Ratings of fuses to be provided/use by
the contractor shall not be more than the rating approved by owner.

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2.4.9 Only motors up to 3 HP will be allowed be started direct on line. For motors
above 3 HP and upto 100 hp a suitable Starting devices approved by the
Engineer-in-Charge shall be provided by the Contractor. For motors above
100 HP slip ring induction motors with suitable with suitable starting
devices as approved by the Engineer-in-Charge shall be provided by the
contractor.

2.4.10 The contractor shall ensure at his cost that all-electric lines and equipment
and all installation are approved by the state electricity Inspector before
power can be supplied by the owner.

2.4.11 The total requirement of power with equipment wise breakup shall be
indicated by the tenderer along with his tender.

2.5 LAND FOR CONTRACTOR’S FIELD OFFICE, GODOWN AND

WORKSHOP:

The Owner will at his own discretion and convenience and for the duration
of the execution of the work make available near the site, land for
construction of contractor’s Field office, godown workshop and assembly
yard required for the execution of the Contract. The contractor shall at his
own cost construct all these temporary buildings and provide suitable water
supply and sanitary arrangement approved by the Engineer-in-Charge.

On completion of the works or on getting notice from the owner which ever
is earlier, the contractor shall remove all temporary works, structures erected
by him and have the SITE cleaned as directed by the Engineer-In-Charge .If
the Contractor shall fail to comply with this requirement, the Engineer-in-
Charge may at the expense of the contractor remove such surplus, and
rubbish materials and dispose off the same as he deems it and get the site
cleared as a foresail , and contractor shall forthwith pay the amount of all
expenses so incurredand shall have no claim in respect of any such surplus
materials disposed off as aforesaid. The owner reserve the right to ask the
contractor any time during the tendency of the contract to vacate the land by
giving 7 days notice on security reasons or on national interest or otherwise.
A token licenses of fee of Rs.100/- per hectare or part or thereof per annum
shall be charge for the land so occupied. If the contractor fails to clear/vacate
the site and clean the debris the same shall be done by the Engineer-in-

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charge engaging and agency an the cost incurred for doing so shall be
recovered from bill/S.D or any other works.

2.5.1 PUTTING UP BUILDINGS ON PROJECT SITE:

The contractor shall put up temporary structures as required by them for

their office, fabrication shop and construction stores only in the area
allocated to them on the project site by the owner or his authorised
representative. No tea stalls/canteen’s should be put up or allowed to be put
up by any contractor in the allotted land complex area without prior written
permission of the owner.

No un authorized buildings, construction or structure s should be put up by

the contractor any where on the project site.
For uninterrupted fabrication of the work, Contractor, shall put up temporary
covered structures at his cost within area (12M&50M or as considered
necessary) in the location allocated to them in the project site by the owner
or his authorized representatives, but after written approval from the owner.

2.6 LAND FOR RESIDENTIAL ACCOMMODATION:

Land on temporary basis for residential accommodation for stuff and labour
will be made available at the direction of the Engineer-in-Charge and rent
for the same will be as decided by the Engineer-in-Charge according to the
location and area taken by the Contractor.

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SECTION-III

GENERAL INSTRUCTIONS TO TENDERERS

3.0 SUBMISSION OF TENDER:

3.1 Tenders must be submitted without making any additions,

alterations, and as per details given in other clauses here under. The
requisite details shall be filled in by the contractor in page 1 of tender
Document.The rates shall be filled in the schedule given in this tender
document.
3.2 Addenda/Corrigenda to tender document, if issued, must be
signed and submitted along with the tender document. The tenderer
should write clearly the revised quantities in the schedule of rates of
tender document and should price the work based on revised
quantities when amendments of quantities are issued in addenda.
3.3 Covering letter along with its enclosures accompanying the tender
document and all further correspondence shall be submitted in Qua-
druplicate (FOUR COPIES).
3.4 Tenderers are advised to submit quotations based strictly on the
terms and conditions and specifications contained in the tender
documents and not to stipulate any deviations.
3.5 Tenders should always be placed in double scaled covers,
superscribing Tender for Numaligarh Refinery Limited (NRL) project,
Tender Notice No. due for opening on…………………….The full
name, address, and telegraphic address of the Tenderers shall be
written on the bottom left hand corner of the sealed cover.

4.0 DOCUMENTS:

4.1 General:

The tenders as submitted, will consist of the following:

(i) Complete set of tender documents (Original) as duly filled in and
signed by the tenderer as prescribed by in different clause of the
tender document.
(ii) Earnest money in the manner specified in clause 6 hereof.

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(iii) Power of attorney or a true copy thereof duly attested by a Gazetted

officer in case an authorized representative has signed the tender, as
required by the clause 4.5 hereof.
(iv) Income tax clearance certificates (ITCC) and sales tax clearance
certificate in original or true copies duly attested by Gazetted Officer
in the Performa prescribe by the govt. of India should accompany the
tender. The ITCC should be in the name of the firm/individual quoting
for the work .In the absence of ITCC tenderer may not be awarded the
worked tendered for, in light of central government
directive/instructions.
(v) Information regarding Tenderers in the Performa enclosed.
(vi) Details of work of similar type and magnitude carried out by the
tenderer in the Performa given at the end of this book let.
(vii) Organization chart giving details of field management at site the
tenderer proposes to have for this job.
(viii) Details of construction plant and equipment’s available with the
tenderer for using in this working the Performa enclosed under the
head “Information regarding equipment’s which the tenderer proposes
to use for this work.”
(ix) Solvency certificate from schedule bank to prove the financial ability
to carry out the work tendered for.
(x) Latest balance sheet and profit and loss account duly audited.
(xi) Details of present commitment as per Performa enclosed to tender
document
(xii) Data required regarding sub contractor(s) /Suppliers/Manufacturers
and other technical information’s the tenderer wish to furnish
(xiii) List showing all enclosures to tender.

4.2 ALL PAGES ARE TO BE INITIALLED:

All signature in tender document shall be dated as well as all the pages of all
section of tender document shall be initialed at the lower right hand corner
and signed wherever required in the tender papers by the tenderer or by a
person holding power of attorney authorizing him to sign on behalf of the
tenderer before submission of tender.

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4.3 RATES TO BE IN FIGURES AND WORDS:

The tenderer should quote in English in both in figures as well as in words

the rates and amounts tendered by him for; each item in .the schedule of
rates in such a way that interpolation/Extrapolation is not possible. The
amount for each item should be worked out and entered requisite total given
of all items, both in figures and in words. The tendered amount for the work
shall be entered in the tender and duly signed by the Tenderer.

If some discrepancies are found between the RATES in FIGURES and

WORDS or the AMOUNT shown in the tender, the following procedure
shall be followed:

(a) When there is difference between the rates in the figures of words, the
rates which corre sponds to amount worked out by the tenderer shall
be taken as correct.

(b) When the rate quoted by the tenderer in figures and words tally but
the amount is in correct the rate quoted by the tenderer shall be taken
as correct.

(c) When it is not possible to ascertain the correct rate by either of above
method, the rate quoted in words shall be taken as correct. (Or the
lowest of the rates written in figure and words.)

4.4 CORRECTIONS AND ERASURES:

All corrections and alterations in the entries of the tender paper shall signed
in fully by the tenderer with date. No erasures or over writing are
permissible.

4.5 SIGNATURE OF TENDERER:

4.5.1 The tenderer shall contain the name, residence and place of business of
person or persons making the tender and shall be singed by the TENDERER

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with his usual signature. PATNERSHIP firms shall furnish the full names of
all partners of the tender. It should be signed in the partnership’s name by all
the partners or by duly authorized representative followed by the name and
designation of the person signing. Tender by a corporation shall be signed
by an authorized representative and a power of Attorney in that behalf
shall accompany the tender . A copy of constitution of the firm with
names of all partners shall be furnished.
4.6 WITNESS:

Witness and sureties shall be persons of status and property and their names,
occupation and address shall be stated bellow their signature.

4.7 DETAILS OF EXPERIENCE:

The tenderer should enclose the documents and furnished details as per
Performa enclosed to show that he has previous experience in having
successfully completed in recent past work of this nature, together with the
names of owners location of sites. Value of contract date of commencement
and completion of works, delays if any reason of delay an other details along
with documentary evidences The information so provided if found partly or
fully false shall render the tender of such Contractor liable to be rejected.

5.0 TRANSFER OF TENDER DOCUMENTS:

Transfer of tender documents purchased by one intending tenderer to

another is not permissible.

6.0 EARNEST MONEY:

6.1 The tenderer must pay earnest money as given in the notice inviting tenders
and attach the official receipt with the tender failing which the tender is
liable to be rejected. The earnest money can be paid in Call Deposit Receipt
(CDR), Demand Draft or Bank Guarantee of state Bank of India or any
schedule “A” Nationalized Bank in favor of Numaligarh Refinery Limited

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(NRL), Guwahati. The Bank guarantee to be furnished in lieu of Earnest

money shall be kept valid for a period of “SIX MONTHS”from the date of
opening of tender.

6.2 The Bank Guarantee so furnished by the tenderer shall be in the proforma
prescribe owner. No interest shall be paid by the owner on the earnest
money deposited by the tenderer. The earnest money of the unsuccessful
tenderer will be refunded within a reasonable period of time.

6.3 The earnest money deposited by successful tenderer will be retained towards
the security deposited for the fulfillment of the contract, but shall be
forfeited if the tenderer fails to deposit the requisite initial security deposit as
per clause 10 hereof and /or fails to start work within a period of 21 days or
fails to execute the agreement within 10 days of the receipt by him of the
notification of acceptance of tender.

7.0 VALIDITY:

Tender Submitted by Tenderers shall remain valid for acceptance for a

period of six months from the date of opening of the tender. The tenderers
shall not be entitled during the said period of six months, without the
consent in writing of the Owner, to revoke or cancel his tenderer to vary the
tender given or any term thereof. In case of tenderer revoking or canceling
his tender or varying any term in regard thereof without the consent of
Owner in writing, the owner shall forfeit the earnest money paid by him
alongwith tender.

8.0 ADDENDA/CORRIGENDA:

8.1 Addenda/Corrigenda to the tender documents may be issued prior to the date
of opening of the tenders to clarify documents or to reflect modification in
design or contract terms.

8.2 Each addendum/corrigendum issued by the project manager will be

distributed in duplicate to each person or organization to whom a set of

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tender documents has been issued. Each recipient will retain one copy of
each addendum/corrigendum for submission along with his tender and return
one signed copy to Engineer-in-Charge as acknowledgement of receipt of
the same. All addenda/corrigenda issued by project manager shall become of
part of tender documents.

9.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

9.1 The right to accept the tender will rest with the owner. The owner however
does not bind himself to accept the lowest tender and reverses to itself, the
authority to reject any or all the tender received without assigning any
reason whatsoever. The whole work may be split up between more than one
contractors or accepted in part (not entirely) if considered expedient. Quoted
rates should hold good for such eventualities.

9.2 Tenders in which any of particulars and prescribe information are missing or
are incomplete in respect and/or the prescribed conditions are not fulfilled
are liable to be rejected.

9.3 Canvassing in connection with tender is strictly prohibited and tender

submitted by the Tenderer who resorts to canvassing will be liable to
rejection. Tender containing uncalled for remarks or any additional
conditions are liable to be rejected.

10.0 SECURITY DEOPOSIT:

The person/ persons whose tender may be accepted (here after called the
contractor) shall within 10 days of the receipt by him of the notification of
the acceptance of the tender, shall remit/deposit the initial security deposit of
2.5% of the accepted value of the tender to Numaligarh Refinery Limited.

11.0 TIME SCHEDULE:

11.1 The work shall be executed strictly as per the time schedule given in
appendix-I in tender document. Period of construction given in time

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schedule includes the time required for mobilization as well as testing,

rectification if any, re testing and completion in all respect to the entire
satisfaction of Engineer-in-Charge.
11.2 A joint programmes of execution of the work will be prepared by the
Engineer-in -Charge and Contractor based on priority requirements of
the project. This programme will take into account the time for
completion in 11.1 and the time allowed for the priority works by the
Engineer-In-Charge.

11.3 Monthly/Weekly programmes will drawn up by the Engineer-in-

Charge jointly with the contractor based on availability of work fronts
and the joint construction program as per 11.2 above. The contractor
shall scrupulously adhere to these targets/programmes by deploying
adequate personal, construction tools and tackles and he shall also
supply himself all materials of his scope of supply on good time to
achieve the target programmes. In all matters concerning the extent of
target setout in the weekly and monthly programmes and the degree of
achievement, the decision of the Engineer-in-Charge will be final and
binding on the contractor.

12.0 COLLECTION OF DATA TENDERER’S RESPONSIBILITY:

The tenderer shall visit the site and acquaint himself fully of the site and no
claim whatsoever will be entertained on the plea of ignorance or difficulties
involved in execution of work or carriage of materials.

13.0 RETIRED GOVERNMENT OR OWNERS OFFICERS:

No Engineer of Gazetted rank or other gazetted officer, employed in

Engineering or Administrative duties in an Engineering department of the
State/Central Government or of the owner is allowed to work as a contractor
for a period of two years after his retirement or resigning from government
service, or from the employment of the owner without the previous
permission of the owner. The contract, if awarded, is liable to be cancelled if
either the contractor any of his employees found at any time to be such a
person, who had not obtain the permission of the State/Central Government

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or of the owner as aforesaid before submission off tender, or engagement in

the contractors service as the case may be.

14.0 SIGNING OF CONTRACT AGREEMENT:

The successful tenderer shall be required to execute an agreement in the

proforma attached with tender document within 10 days of the receipt by
him of the notification of acceptance of tender. In the event of failure on the
part of the successful tenderer to signed the agreement within the above
stipulated period the earnest money or his initial deposit will be forfeited
and the acceptance of the tender shall considered as cancelled.

15.0 FIELD MANAGEMENT BY ENGINEER-IN-CHARGE:

15.1 The field management will be the responsibility of the Engineer-In-Charge,

who will be nominated by the owner. The Engineer-In-Charge may also
authorized his representative to perform his duties and functions.

15.2 Clause 76 of the general conditions of contract shall be referred to in his

connection.

15.3 The Engineer-In-Charge shall coordinate the works of various agencies

engaged at site to ensure minimum disruption of work carried out by
different agencies. It shall be the responsibility of the contractor to plan and
execute the work strictly in accordance with site instruction to avoid
hindrance to the work being executed by other agencies.

16.0 NOTE TO SCHEDULE OF RATES:

16.1 The schedule of rates should be read in conjunction with all the other
sections of the tender.

16.2 The tenderer shall be deemed to have studied the drawings, Specification
and details of work to be done within time schedule and to aquatinted
himself of the conditions prevailing at site.

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16.3 Rates must be filled in the copies of pages of schedule of rates of original
tender documents. . If quoted in separate typed sheet no variation in item
description or specification shall be accepted. Any exception taken by the
tenderer to the schedule of rates shall be brought out in the terms and
condition of offer, but it does not guarantee acceptance of the same by the
owner.

16.4 The quantities shown against the various items are only approximate. Any
increase or decrease in the quantities shall not from the basis of alteration of
the rates quoted and accepted. However any likely increase in quantity of
any items should be brought to the notice of Engineer-In-Charge well in
advance prior to execution.

16.5 The Owner reserves the right to interpolate the rate for such items of work
falling between similar items of lower and higher magnitude.

17.0 POLICY OF TENDERS UNDER CONSIDERATION:

17.1 Only those tenders which are complete in all respects and are strictly in
accordance with the terms conditions and Technical specifications of tender
document, shall be considered for evaluation. Such tenders shall be deemed
to be under consideration immediately after opening of tender and until
such time of an official intimation of acceptance/rejection of tender s made
by owner to the tenderer.

17.2 Owner/EIL if necessary, will obtain clarifications on the tender by

requesting for such information clarifications from any or all tenderers
either in writing or through other means of communication as may be
necessary, and the tenderers are advise to refrain from contracting by any
means owner/EIL and or their employees(s)/representatives (S) of their
own, on matters related to tenders under consideration. Tenderers will not
be permitted to change the substance of the tenders after opening of tenders.

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18.0 AWARD OF CONTRACT:

18.1 The acceptance of tender will be intimated to the successful tenderer by
Owner either by Talax/Telegram/Fax or by letter or likes means defined as
LETTER OF ACCEPTANCE OF TENDER.

18.2 OWNER/EIL will be the sole judge in the matter of award of contract and
the decision of OWNER shall be final and binding, however subject to
fulfillment of clause 17.0 above and other relevant requirements of contract
documents, works shall be awarded to the techno-commercially accepted
lowest tenderer provided accepted rates are within reasonable variation with
approved estimated rates/amount and work able.

19.0 CLARIFICATION OF TENDER DOCUMENT:

19.1 The tenderer is required to carefully examine the technical Specifications,

condition of contract, Drawing and other details relating to work and given
in tender document and fully inform himself as to all condition and matters
which may in any way affect the work or the cost thereof In case the
tenderer is in doubt about the completeness or correctness of any of the
contents of the tender document, he should request in writing for an
interpretation/clarification to OWNER/EIL in triplicate, OWNER/EIL will
than issue interpretation/clarification to Tenderer in writing. Such
clarifications and or interpretations shall from part of the specification and
Documents and shall accompany the tender which shall be submitted by
tenderer within time and date as specified in invitations to tender.

19.2 Verbal clarification and information given by OWNER/EIL or its

employee(s) or its representatives shall not in any way be binding on owner.

20.0 LOCAL CONDITIONS:

20.1 It will be imperative on such tenderer to inform himself of local conditions

and factors which may have any effect on the execution of WORK covered
under the tender document. In their own interest, the tenderer are requested
to familiarizes themselves with the Indian Income Tax Act 1961, Indian
Companies Act 1956. Indian Custom Act 1962 and other related acts and
laws and regulations of Indian including provident fund; Act, Indian
disputes act, contract labour Act and such like legislation & rules with their
such latest amendments, as applicable. Owner shall not entertain any
request for clarifications from the tenderer regarding such local conditions.

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20.2 It must be understood and agreed that such factors have properly been
investigated and considered while submitting the tender. No claim for
financial or any other adjustments due to lake of clarifications of such
factors shall be entertained.

21.0 ABNORMAL RATES:

21.1 The tenderer are expected to quote rate for each item after careful analysis of
coast involved for the performance of the completed item considering all
specifications and condition of contract. This will avoid loss of profit or gain
in case of curtailment or change of specification for any item. In case it is
noticed that the rates quoted by the tender for any item or unusually high or
unusually low, it will be sufficient cause for rejection of the tender unless
the owner is convinced about the reasonableness after security of the
analysis for such rates to be furnished by the tenderer (on demand).

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SECTION-IV
GENERAL OBLIGATIONS

22.0 INTERPRETATION OF CONTRACT DOCUMENTS:

22.1 GENERAL

Except for and to the extent otherwise provided by the contract, the
provisions of the general condition of contract and special conditions shall
prevail over those of any other documents forming part of contract. Several
documents forming the contract are to be taken as mutually explanatory.
Should there be any discrepancy, inconsistency, error or omission in the
contract documents. The matter may be refereed to Engineer-In-Charge who
shall give his decisions and issue to the contractor instructions directing in
what manner the work is to be carried out. The decision of Engineer-In-
Charge shall be final and conclusive and the contractor shall carry out work
in accordance with this decision.

Works shown in the drawing but not mentioned in the specifications or

describe in the specifications without being shown in the drawing shall
nevertheless be deemed to be included in the same manner as if they had
been shown on the drawings and describe in the specifications.

22.2 HEADINGS AND MARGINAL NOTES:

All headings and marginal notes to the clauses of these general conditions of
contract or to the specification or to any other tender documents are solely
for the purpose of giving a concise indication or not a summary of the
contents thereof and they shall never be deemed to be part thereof or to be
used in the interpretation or construction of the contract.

22.3 SINGULR AND PLURAL:

In contract documents unless otherwise stated specifically, the singular

shall include the plural and vice versa wherever the context so requires.
Works implying “person” shall include relevant Corporate

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Companies/Registered Association/ Body of individuals/Firm of

partnership.

23.0 SPECIAL CONDITIONS 0F CONTRACT:

23.1 Special condition of contract shall be read in conjunction with the general
conditions of contract, specification of work, Drawings and any other
documents forming part of this contract wherever the contract so requires.

23.2 Not withstanding the sub-division of the document in to these separate

section and volumes every part of the document shall be deemed to be
supplementary to and complementary of every other part and shall be read
with and into the contract so far as it may be practicable to do so.

23.3 Where any portion of the general condition of contract is repugnant to or at

variance with any provision of the special conditions of contract then, unless
a different intention appears the provisions of the special conditions of
contract shall be deemed to over ride the provisions of the general conditions
of contract and shall to the extents of such repugnancy, or variations, prevail.

23.4 Wherever it is mention in the specification that the contractor shall perform
certain work or provide certain facilities, it is understood the contractor shall
do so at his cost.

23.5 The materials design and workmanship shall satisfy the relevant Indian
standards, the job specifications contained herein and codes referred to.
Where the job specifications stipulates requirements in addition to those
contained in the standard code and specifications, these additional
requirements shall also be satisfied.

24.0 CONTRACTOR TO OBTAIN HIS OWN INFORMATION

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The contractor in fixing his prices, shall for all purposes whatsoever, shall be
deemed to have himself independently obtain all necessary information for
the purpose of preparing his tender and his tender as accepted shall be
deemed to have taken into account all contingencies as may arise due to such
information or lake of same. The correctness of the details given in the
tenderer document, to help the contractor to make up the tender is not
guaranteed.

The contractor shall be deemed to have examined in the contract documents,

to have generally obtain his own information in all matters whatsoever that
might affect the carrying out of the works at the scheduled rates and have
satisfied himself as to the sufficiency of his tender. Any error in description
of quantity or omission there from shall not vitiate the contract or release the
contractor from the executing the work comprised in the contract according
to drawings and specification at the schedule rates. His deemed to have
known the scope, nature and magnitude of the works and the requirements of
materials and labour involved etc., and as to what all works he has to
completed in accordance in the contract document whatever the defects,
omissions or error that may be found in contract documents. The contractor
shall be deemed to have visited surroundings, to have satisfied himself as to
the nature of all existing structures, if any and also as to the nature and the
condition of the railways, Roads, Bridges and culverts, means of transport
and communication, whether by land , water or air and as to possible
interruptions there to and the access and egress from the site, to have made
enquiries, examined and satisfied himself as to the site for obtaining sand
stones, bricks and other materials, the site for disposal for surplus materials,
the available accommodation as to whether required, depots and such other
buildings as may be necessary for executing and completing the works, to
have made local independent enquiries as to the sub-soil, sub-soil water and
variations thereof, storms, prevailing winds, climatic conditions and all other
similar matters affecting these works. He is deemed to have aquatinted
himself as to his liability for payment of government Taxes, Custom duties
and other charges, levies etc.

Any neglect or omission or failure on the part of the contractor in obtaining

necessary and reliable information upon the forgoing or any other matter
affecting the contract shall not relieve him from any risks or liabilities or
entire responsibility from the completion of the works at the schedule rates
and times in strict accordance with the contract.

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It is therefore, expected that should the contractor has any doubt as to

the meaning of any portion of the contract DOCUMENT he shall set forth
the particulars thereof in writing the owner in duplicate, before signing the
contract. The owner will provide such clarification as may be necessary in
writing the contractor, such clarification as provide by owner shall from part
of contract documents.

No verbal agreement or interference from conversion with any

employee of the owner either before, during or after the execution of the
contract agreement shall in any way affect or modify any of the terms or
obligations herein contained.

Any change layout due to side condition or technological requirement

shall be binding on the contractor and no extra claim. On this account shall
be entertained.

25.0 SECURITY DEPOSIT:

25.1 A sum of 10% of the accepted value of the tender or the actual value
of work done whichever is applicable due to any additional work or any other
reasons shall be deposited by the person/ persons (herein after called the
contractor) as security deposit with the owner. This may be deposited initially at
two and one half percent (2-1/2 %) of the value of contract (referred as initial
security deposit) within 10 days of receipt by him of the notification of
acceptance of tender and the balance seven and one half percent (7-1/2%) will
be recovered in installments through deduction at the rate of ten percent of the
value of each running account bill till the total security deposit amount 10% of
value of contract /actual value of work done is collected, after which no further
deductions from bills will be made on this account , subject to Clause 25.3
below.

The earnest money deposited with the tender shall be adjusted towards
security deposit, provided it is furnished in case or demand draft only.

Alternatively the contractor may, at his option, deposit the full amount of
10% of the accepted value of the tender towards the security deposit within
10 days of receipt by him of the notification of acceptance of tender.

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25.2 Contractor can furnish the initial or total security deposit amount (a) in case
or (b) Government security or fixed deposit receipt of any schedule “A”
Bank of duly endorsed in favour of NRL or (c) through the Bank of
guarantee from any schedule “A” Bank in the form prescribed but in favour
of NRL Transfer of Government securities should be endorsed by the public
debt office of the Reserve Bank of India and enfaced for payment at a
treasury office nearest to the place of work. Security deposit, if paid
recovered in cash, may be latter on converted at the request of the contractor
to either interest bearing Government securities or F.D.R of a schedule “A”
Bank duly endorsed in favour of NRL and hypothecated with the owner or
may be converted to a Bank guarantee as stated above only after recovery of
full 10% security deposit.

25.3 If the contractor /sub contractor or their employees shall damage,break

deface or destroy any property belonging to the owner or others during the
execution of the contract, the same shall be made good by the contractor at
his own expense and in default therof, the Engineer-In-Charge may cause
the same to be made good by other agencies and recover expenses from the
contractor (for which the certificate of the Engineer-In-Charge shall be
final).

25.4 All compensation or other sums of money payable by the contractor to the
owner under terms of this contract may be deducted from or paid by the
encashement or sale of a sufficient part of his security deposit or from any
sums which may be due or may become due to the contractor by the owner
on any account whatsoever and in the event of his security deposit being
reduced by reasons of any such deductions or a sale of said, the aforesaid
contractor shall within ten days thereafter make good in cash or Bank drafts
or Government Securities endorsed, as aforesaid any sum or sums which
may have been deducted from or realized by sale of his security deposit, or
any part thereof. No interest shall be payable by the owner for sum deposited
as security deposit.

26.0 TIME FOR PERFORMANCE:

26.1 TIME FOR MOBILISATION:

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The work covered by this contract shall be commenced within twenty-one

days after the receipt of the LETTER OF ACCEPTANCE OF TENDER and
the completed in stage or on or before the dates as mentioned in the time
schedule of completion of work. The contractor should bear in mined that
time is the essence of this agreement. Request for revision of time schedule
after tenders are opened will not receive consideration. The above period of
twenty-one days is included within the overall completion schedule, not over
and above the completion time to any additional work or any other reasons.

26.2 TIME SCHEDULE OF CONSTRUCTION:

26.2.1 The general time schedule of construction is given in the tender document.
Contractor should prepare a detailed weekly or monthly or weekly
programmed jointly with the Engineer-In-Charge within one month of
receipt of LETTER OF INTENT or ACCEPTANCE of tender. The work
shall be executed strictly as per the time schedule given in the contract
document which required includes the time required for mobilization,
testing, rectification’s if any, retesting and completion in all respects in
accordance with Contract document to the entire satisfaction of the
Engineer-In-Charge.

26.2.2 The contractor shall submit a detail PERT net work within the time frame
agreed above consisting of adequate number of activities covering various
key phases of the work such as design, procurement, manufacturing,
shipment and field erection activities within 15 days from the of LETTER
OF ACCEPTANCE OF TENDER. This network shall indicate the interface
facilities to be provided by the owner and the dates by which such facilities
are needed.

26.2.3 Contractor shall discuss the network so submitted with the owner and the
agreed net work which may be in the form as submitted with the owner or in
revised form in line with the out come of discussions shall form part of the
contract, to be signed within thirty (30) days from the date of LETTER OF
ACCEPTANCE OF TENDER. During the performance of the contract, if in
the opinion of the owner proper progress is not maintained suitable change
shall be made in the contractors operation to ensure proper progress. If
however owner feels that progress is not as per pre agreed progress which

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will have re persuasion on timely completion of the contract owner will have
liberty either to terminate the contract or impose suitable penalty for delay.

The above PERT network shall be reviewed periodically and report shall be
submitted by the Contractor as directed by Owner/EIL.

27.0 FORCE MAJEURE:

Any delays in or failure of the performance of either perty hereto shall not
constitute default hereunder gives rise to any claims for damages, if any to
the extent such delays or failure of performance is caused by occurrence of
events such as Acts of God or the public enemy expropriation or
confiscation of facilities by government authorities, acts of war, rebellion,
sabotage of fires, floods, explosions & riots.

28.0 EXTENSION OF TIME:

If the contractor desire an extension of the time for completion of the work
on the grounds of his having been unavoidably hindered in its execution or
any other grounds he shall apply in writing to the Engineer-In-Charge within
ten days of the date of hindrance on account of which he desires such
extension as aforesaid, and the Engineer-In-Charge shall, if in his opinion
(which shall be final) reasonable grounds have been shown therefore,
authorized such extension of time as may, in his opinion be necessary or
proper without any extra cost/liability of the owners.

29.0 COMPENSATION FOR DELAY(LIQUIDATED DAMAGES):

29.1 The time allowed for carrying out the work as entered in the tender shall be
strictly observed by the contractor. The work shall throughout the stipulated
period of the contract be proceeded with all the diligence (time being
deemed to be essence of the contract) and the contractor shall pay to the
owner as compensation an amount equal to 1% or such smaller amount as
the Engineer-In-Charge (whose decision in writing shall be final), may
decide on the amount of the contract value for every week that the work may

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remain incomplete as per the time schedule, subject to a maximum

compensation of 15% of the contract value after which period action will be
taken by the Engineer-In-Charge under the provisions of the contract.

29.2 To ensure good progress during the execution of the work, the contractor
shall be bound, in all cases in which the time allowed for any work exceed
one month, to complete one fifth of the work before one fourth of time
allowed under the CONTRACT. In the event of the contractor failing to
comply with this condition he shall be liable to pay as compensation at
amount as stipulated above. The compensation so paid shall not relieve the
contractor from his obligations to complete the work or from any other
obligations and liabilities under this contract.

30.0 SUM PAYABLE BY WAY OF COMPENSATION TO BE

CONSIDERED AS REASONABLE COMPENSATION WITHOUT
REFERENCE TO ACTUAL LOSS:

30.1 All sums payable by way of compensation under any of the conditions shall
be genuine pre estimate of damages and shall be considered as reasonable
compensatation without reference to the actual loss or damage, which shall
have been sustained.

31.0 RIGHTS OF THE OWNER TO FORFEIT SECURITY DEPOSIT:

Whenever any claim against the contractor for the any payment of a sum of
money arises out of or tender the contract, the owner shall be entitled to
recover such sum by appropriating in part or whole the security deposit of
the contractor. In the event of security deposit being in sufficient or if no
security deposit has been taken from the contractor, then the balance or the
total sum recoverable, as the case may be shall be deducted from any sum
then due or which, at any time there after may become due to the contractor,.
The contractor shall pay to the owner on demand any balance remaining due.

32.0 FAILURE BY THE CONTRACTOR TO COMPLY WITH THE

PROVISIONS OF THE CONTRACT :

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32.1 If the contractor refuses or fails to execute the WORK or any part thereof
with such diligence as will ensure its completion within the time specified in
the contract or extension thereof or fails to perform any of his obligation
under the contract or in any manner commits a breach of any of the
provisions of the contract, it shall be open to the owner at its option by
written notice to the contractor.

(a) TO DETERMINE THE CONTRACT In which event the contract

shall stand terminated and shall cease to be in force and effect on and
from the date appointed by the owner on that behalf, where upon the
contractor shall stop forthwith any of the contractors work then in
progress, except such work as the owner may, in writing require to be
done to safeguard any property or work, or installation from damage,
and the owner, for its part may take over the work remaining
unfinished by the contractor and complete the same through a fresh
contractor or by other means, at the risk and cost of the contractor,
and the contractor or any of his sureties if any, shall be liable to the
owner for any excess cost occasioned by such work having to be so
taken over and completed by the owner over and above the cost at
rates specified in the schedule of quantities and rate /prices.

(b) WITHOUT DETERMINE THE CONTRACT to take over the work

of the contractor or any part thereof and complete the same through a
fresh contractor or by other means at the risk and cost of the
contractor. The contractor and any of his sureties are liable to the
Owner for any excess cost over and above the cost as worked out in
terms of the contract, occasioned by such works having been taken
over and completed by owner.

32.2 IN SUCH EVENTS AND ABOVE:

(a) The whole or part of the security deposit furnished by the contractor is
liable to be forfeited without prejudice to the right of the owner to
recover from the contractor the excess cost referred to on the sub
clause aforesaid, the owner shall also have the right of taking
possession and utilizing in completing the works or any part thereof,
such materials, equipment and plants available at work site belonging
to the contractor as may be necessary and the contractor shall not be

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entitled for any compensation for use or damage to such materials,

equipment and plant.

(b) The amount that may have become due to the contractor on account of
work already executed by himself not be payable to him until after the
expiry of six calendar month reckoned from the date of termination of
contract or from the taking over of the work or part thereof by the
owner as the case may be, during which period the responsibility for
faulty materials or workmanship in respect of such work shall under
the contract, rest exclusively with the Contractor. This amount shall
be subject to deduction of any amounts due from the contractor to the
owner under the terms of the contract authorized or required to be
reserved or retained by the owner.

32.3 Before determining the contract, provided in the judgement of the owner, the
default or defaults committed by the contractor is /are curable and can be
cured by the contractor if an opportunity given to hi, then the owner may
issue notice in writing calling the contractor to cure the default within such
time specified In the notice.

32.4 The Owner also have the right to proceed or take action as per above, in the
event that the Contractor becomes Bankrupt, insolvent, compounds with his
creditors, assigns the contract in favour of his creditors or any other person
or persons, or being a company or a cooperation goes in to voluntary
liquidation, provided that in the said event it shall not be necessary for the
owner to give any prior notice to the contractor.

32.5 Termination of the contract as provided for in sub clause 32.1 (a) above shall
not prejudice or affect the rights of the owner which may have accrued up
the date of such termination.

33.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF

ACTION NOT TAKEN AFTER CLAUSE 32.0 ENTITLED FAILURE
BY CONTRACTOR :

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In any case in which any of the powers conferred upon the owner by clause
32.0 hereof shall have become excisable and the same had not been
exercised, the non exercise thereof shall not constitute a waiver of any of the
condition hereof and such powers shall be notwithstanding be exercisable in
the event of any further case of default by the contractor for which by any
clause or clauses hereof he is declared liable to pay compensation amounting
to the whole of his security deposit, and the liability of the contractor for
past and future COMPENSATION shall remain unaffected. In the event of
the owner putting in force the powers under sub clause 32.1, 32.2, 32.3, 32.4
and 32.5 above vested in him under the proceeding clause he may, if he so
desires, take possession of all or any tools, and plans, materials and stores in
or upon the works or the site. Thereof belonging to the contractor or
procured by him and intended to be used for the execution of the work or
any part thereof paying or allowing for the same in account at the contract
prices or in case of these not being applicable at current market prices to be
certified by the Engineer-In-Charge whose certificate thereof shall be final,
otherwise the Engineer-In-Charge may give notice in writing to the
contractor to his clerk of works, foreman or other authorized agencies,
requiring him to remove such tools, plant, 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 contractors expense or sell them by auction
or private sale on account of the contractor and at his risk in all respect
without any further notice as to the date, time or place of sale and 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 sale shall be final and
conclusive against the contractor.

34.0 CHANGE IN CONSTITUTION:

Where the Contractor is a partnership firm the prior approval, in writing, of

the owner shall be obtain before any changes made in the constitution of the
firm. Where the contractor is an individual or a Hindu undivided family
business concern, such approval as aforesaid shall, like wise be obtained
before such contractor enters in any agreement with other parties, where
under the reconstituted firm would have the right to carry out the work
hereby undertaken by the contractor. In either case if prior approval as
aforesaid is not obtained, the contract shall be deemed to have been allotted
in contravention of clause 40 (I) works hereof and the same action may be
Taken and the same consequence shall ensure as provided in the said clause.

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35.0 TERMINATION OF CONTRACT FOR DEATH:

If the contractor is an individual or a proprietary concern and the individual

or the proprietor dies or if the contractor is a partnership concerned and one
of the partner dies then unless, the owner is satisfied that the legal
representative of the individual or the proprietary concern or the surviving
partners are capable of carrying out and completing Contract, he (the owner)
is entitled to cancel the CONTRACT for the uncompleted part without being
in any way liable for any compensation payment of the estate of the
deceased Contract and /or to the surviving partners of the contractors firm on
account of the cancellation of the contract. The decision of the owner in such
assessment shall be final and binding on the parties.

36.0 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE:

No director or official or employee of the OWNER/EIL Engineer shall in

any way be personally bound or liable for the acts or obligations of the
owner under the Contract or answerable for any default or omission in the
observance or performance of any of the acts , matters or things which
are herein contained.

37.0 OWNER NOT BOUND BY PERSONAL REPRESENTATIONS:

The contractor shall not be entitled to any increase on the contract prices or
any other right or claim whatsoever by reason of any representation,
explanation, statement or alleged representation, promise or guarantees
given or alleged to have been given to him by any person.

38.0 CONTRACTORS OFFICE AT SITE:

The contractor shall provide and maintain an office at the site for the
accommodation of his agent and staff and such office shall be open at all
reasonable hours to receive instructions, notice or other communications.
The Contractor at all time shall maintain a site instruction book and
compliance of these shall be communicated to the Engineer-In-Charge from
time to time and the whole document shall be preserved and handed over
after completion of works.

39.0 CONTRACTORS SUBORDINATE STAFF AND THEIR CONDUCT:

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39.1 The contractor, on or after award of the work shall name and depute a
qualified Engineer having sufficient experience in carrying out work of
similar nature, to whom the equipment’s, materials, if any, shall be issued
and instructions for works given. The contractor shall also provide to the
satisfaction of the Engineer-In-Charge sufficient and qualified staff to
superintend the execution of the works, competent sub agent, foreman and
leading hands including those specially qualified by previous experience to
supervise the types of work comprised in the contract in such manner as will
ensure work of the best quality, expeditious working. Whenever the opinion
of the Engineer-In-Charge additional properly qualified supervisory staff is
considered necessary, the shall be employed by the contractor without
additional charge on accounts thereof. The contract shall ensure to the;
satisfaction of the Engineer-In-Charge that sub contractors, if any, shall
provide competent and efficient supervision, over the work entrusted to
them.

39.2 If and whenever any of the contractor’s or sub contractor’s agents, sub-
agent’s, assistants, foreman, or other employees shall in the opinion of
Engineer-In-Charge be guilty of any miss conduct or found indulging in
theft or be incompetent or insufficiently qualified or negligent in the
performance of their duties or that in the opinion of the owner or the
Engineer-In-Charge, it is undesirable for administrative or any other reason
for such person or persons to be employed in the works, the contractor, if so
directed by the Engineer-In-Charge, shall at once removed such person or
persons from employment thereon. Any person or persons so removed from
the works shall not again be employed in connection with the works
without the written permission of the Engineer In Charge. Any person so
removed from the works shall be immediately replaced at the expense of
the contractor of a qualified and competent substitute. Should the contractor
be requested to repatriate any person removed from the works he shall do so
and shall bear all costs in connection therewith.

39.3 The contractor shall be responsible for the proper behavior of all staff,
foremen, workmen, and others, and shall exercise a proper degree of control
over them and in particular and without prejudice to the said generality, the
contractor shall be bound to prohibit and prevent any employees from
trespassing or acting in any way detrimental or prejudicial to the interest of
the community or of the properties or occupiers of land and properties of the
neighborhood and in the event of such employee so trespassing, the

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contractor shall be responsible therefore and relieve the owner of all

consequent claims or action for damages or injury or any other ground
whatsoever. The decision of the Engineer-In-Charge upon any matter arising
under this clause shall be final. The contractor shall be liable for any liability
to owner on account of deployment of contractor staff etc. incident at on
arising out of the execution of contract.

39.4 If and when required by the Owner the contractor’s personal entering upon
the Owner’s premises shall be properly identified by badges of a type
acceptable to the Owner which must be worn at all times on Owner’s
premises. Contractor may be required to obtain daily entry passes for his
staff/employees from Owner to work within operating areas. These being
safety requirements, no relaxations on any account shall be given to the
contractor.

40.0 SUB-LETTING OF WORK:

i) No part of the contract nor any share or interest therein shall in any manner
or degree be transferred, assigned or sublet by the contractor directly or
indirectly to any person, firm or corporation whosoever without prior
consent in writing, of the Owner.

ii) SUB-CONTRACTS FOR TEMPORARY WORKS ETC:

The Owner may give written consent to sub-contract for the execution of
any part of the works at the site, being entered in to by contractor provided
each individual sub-contract is submitted to the Engineer-In-Charge before
being entered into and is approved by him.

iii) LIST OF SUB-CONTRACTORS TO BE SUPPLIED:

At the commencement of survey of every month the contractor shall furnish

to the Engineer-In-Charge, list of all sub-contractors or other persons or
firms engaged by the contractor and working at the site during the previous
month with particulars of the general nature of the sub-contract or work
done by them.

iv) CONTRACTOR’S LIABILITY NOT LIMITED BY SUB-

CONTRACTORS:

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Page 44

Notwithstanding any sub-contracting with such approval as aforesaid and

notwithstanding that the Engineer-In-Charge shall have received copies of
any sub-contracts, the contractor shall be and shall remain solely responsible
for the quality, proper and expeditious execution of the works and the
performance of all conditions of the contract in all respects as if such sub-
contracting had not taken place, and as if such work had been done directly
by the contractor.

v) OWNER MAY DIRECT TO TERMINATE SUB-CONTRACTS:

If any sub-contractor engaged upon the works at the site execute any works
which in the opinion of the Engineer-In-Charge is not in accordance with the
contract documents, the owner may by written notice to the contractor ask
him to terminate such sub contract and dismiss the sub-contractors and the
latter shall forthwith leave the works, failing which the owner shall have the
right to remove such sub-contractors from the site.

vi) NO REMEDY FOR ACTION TAKEN UNDER THIS CLAUSE:

No action taken by the owner under this clause shall relieve the contractor of
any of his liabilities under the contract or give rise to any right or
compensation, extension of time or otherwise, failing which the owner shall
have the right to remove such sub-contractors from the site.

41.0 POWER OF ENTRY:

If the contractor shall not commence the work in the manner previously
describe in the CONTRACT documents or if he shall at any time in the
opinion of the Engineer-In-Charge.

i) fail to carry out the works in conformity with the contract documents,
or

ii) fail to carry out the works in accordance with the time schedule, or

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iii) substantially suspend works for a period of fourteen days without

authority from the Engineer-In-Charge, or

iv) fail to carry out and execute the works to the satisfaction of the
Engineer-In-Charge, or

v) fail to supply sufficient or suitable construction plant, temporary

works, labour, mate, rails or things, or

vi) Commit, suffer, or permit any other breach of any other of provisions
of the contract on his part to be performed or observed or persist in
any of the above mentioned breaches of the contract for fourteen days,
after notice in writing shall have been given to the Contractor by the
Engineer-In-Charge requiring such breach to be remedied, or

vii) If the Contractor shall abandon the works or

viii) If the contractor during the continuance of the contract shall become
bankrupt, make any arrangement to composition with his creditors, or
permit any execution to be levied or go into liquidation whether
compulsory or voluntary (not being merely a voluntary liquidation for
the purpose of amalgamation or reconstruction), then in any such case,
the owner shall have the power to enter upon the works and take
possession thereof and of the materials, temporary work,
constructional plant, and stock thereon, and to revoke the contractor’s
license to use the same, and to complete the works by his agents,
other contractors or workmen or to re-let the same upon any terms and
to such other person, firm or corporation as the owner in his absolute
discretion may think proper to employ and for the purpose aforesaid
to use or authorized the use of any materials, temporary work,
constructional plant, and stock as aforesaid, without making payment
or allowance to the contractor for the said materials other than such as
may to be certified in writing by the Engineer-In-Charge to be
reasonable, and without making any payment or allowance to the
contractor for the use of the temporary said works constructional plant
and stock or being liable for any loss or damage thereto, and if the
owner shall by reason of his taking procession of the works or of the
works or of the works being completed by other contractor (due
account being taken of any such extra work or works which may be

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omitted) then the amount of such excess as certify by Engineer-In-

Charge shall be deducted from any money which may be due for work
done by contractor under the Contract and not paid for . Any
deficiency shall forthwith may good and paid to the owner by the
contractor and the owner shall have the power to sell in such manner
and for such prices as he may think fit all or any of the constructional
plant, materials etc. constructed by or belonging to the contractor and
to recoup and retain the said deficiency or any part thereof out of
proceeds of the sale.

42.0 CONTRACTOR’S RESPONSIBILTY WITH THE MECHANICAL,

ELECTRICAL INTERCOMMUNICATION SYSTEM, AIR
CONDITIONING CONTRACTORS AND OTHER AGENCIES:

Without repugnance to any other condition, it shall be the responsibility to

the contractor executing the work of civil construction to work in close co
operation and coordinate the works with the civil and structural,
mechanical, electrical, air conditioning, instrumentation’s, insulation,
painting Contractors and other agencies or their authorized representatives,
in providing the necessary grooves, recess, cuts and opening etc. in wall,
slabs, beams and columns etc. and making good ;of the same to the desired
finish as per specification, for the replacement of electrical,
intercommunication cables, conduits air-conditioning inlets and other out
lets grills and equipment’s etc., where required. For the above said
requirements in the false ceiling and other partitions, the contractor before
starting up the works shall in consultation with the electrical, mechanical,
intercommunication, air conditioning contractor and other agencies prepare
and put up a joint scheme, showing the necessary openings, grooves,
recesses, cuts, the method of fixing required for the works of the aforesaid,
and the finishes therein, to the Engineer-In-Charge and get the approval.
The contractor before finally submitting the scheme to the Engineer-In-
Charge, shall have the written agreement of all the other agencies. The
Engineer-In-Charge before communicating his approval to the scheme, with
any required modifications, shall get the final agreement of the agencies,
which shall be binding. No claim shall be entertained on account .of the
above.

The contractor shall conform in all respects with provisions of any statuary
regulations, ordinances or bye laws of .any local or duly constituted

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authorities or public bodies which may .be applicable from time to time to
the works or any temporary works. The contractor shall keep the owner
indemnified against all penalties and liabilities of every kind, arising out of
non-adherence to such statutes, ordinances, laws, rules, regulations etc.

43.0 OTHER AGENCIES AT SITE:

The Contractor shall have to execute the work in such place and conditions
where other agencies will also be engaged for other works. No claim shall be
entertained due to work being executed in the above circumstances.

44.0 NOTICE:

Any notice hereunder may be served on the contractor or his duly authorized
representative at the job site or may be served by registered mail direct to the
address furnished by the contractor. Proof of issue of any such notice could
be conclusive of the contractor having been duly in formed of all contents
therein.

45.0 RIGHT OF VARIOUS INTERESTS:

i) The owner reserves the right to distribute the work between more than
one agencies. The contractor shall be cooperate and afford other
agencies reasonable opportunity for access to the works for the
carriage and stores of materials and execution of their works.

ii) Wherever the work being done by any department of the owner or by
other contractors employed by the owner is contingent upon work
covered by this CONTRACT, the respective right s of the various
interests involved shall be determined by the Engineer-In-Charge to
secure the completion of the various portions of the work in general
harmony.

46.0 PATENTS AND ROYALTIES:

46.1 The contractor, if licensed under any patent covering equipment, machinery,
materials or compositions of matter to be used or supplied or methods and

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process to be practiced or employed in the performance of this contract,

agrees to pay all royalties and license fees which may be due with respect
thereto. If any equipment, machinery, materials, composition of matters, be
used or supplied or method or processes to be practiced or employed in the
performance of this contract, so covered by a patent under which the
Contractor is not licensed then the contractor before supplying or using the
equipment, machinery materials, composition method or processes shall
obtain such licenses and pay such royalties and license fees as may be
necessary for performance of this contract. In the event of the contractor
fails to pay any such royalty or obtain any such license, any suit for
infringement of such patents which is brought against the contractor or the
owner /as a result of such failure will be defended by the contractor at his
own expense and the contractor will pay any damages and costs awarded in
such suit. The contractor shall promptly notify the owner if the contractor
has acquired knowledge of any plant under which a suit for infringement
could be reasonably brought because of the use by the Owner of any
equipment, machinery, materials, process, methods to be supplied hereunder.
The contractor agrees to and does hereby grant to Owner, together with the
right to extend the same to any of the subsidiaries of the owner and
irrevocable, royalty free license to use in any country any invention made by
contractor or his employee in or as result of the performance of the work
under the CONTRACT
.
46.2 All charges on account of royalty, tollage, rent, octroi, terminal or sales tax
and/or other duties or any other levy on materials obtained for the work or
temporary work or part thereof (excluding materials provided by the owner)
shall be done by the contractor.

46.3 The contractor shall not sell or otherwise dispose of or remove except for the
purpose of this contract, the sand, stone, clay, ballast, earth, rock or other
substances, or materials obtained from any excavation made for the purpose
of the work or any building or produce upon the site at the time of delivery
of the possession thereof, but all substance, materials, buildings and produce
shall be the property of the owner provided that the contractor may. With the
permission of the. Engineer-In-Charge, use the same for the purpose of the.
Work by payment of cost .of the same as such as rate may be determined by
the. Engineer-In-Charge.

46.4 The owner shall indemnify and save harmless the contractor from any loss
on account of claims against the contractor for the contributory infringement

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of patent right arising out and based upon the claim that the use by the owner
of the process included in the designed prepared by the owner and used in
the operation of the plant infringes on any patent right. With respect to any
sub contract entered into by contractor pursuant to the provisions of the
relevant clause hereof. The contractor shall obtain from the sub contractor an
undertaking to provide the owner with the same patent protection that
contractor is required to provide under the provisions of clause, 46.1

47.0 LIENS:

47.1 If at any time there should be evidence or any lien or claim for which the
Owner might have become liable at which is chargeable to the contractor,
the owner shall have the right to retain out of any payment then due or
thereafter to become due an amount sufficient to completely indemnify the
owner against such lien or claim and if such lien or claim be valid, the
owner may pay and discharge the same and deduct the amount so paid from
any money which may be or may become due and payable .to the
contractor. If any lien or claim remain unsettled after all payments are
made, the contractor shall refund or pay .the owner all money that the latter
may be compelled to pay in discharging such lien or claim including all
costs and reasonable expenses. Owner reserves the right to the same.

47.2 The owner shall have lien on all materials, equipment’s, including those
brought by the contractor for the purpose of erection, testing and
commissioning of work.
.
47.3 The final payment shall not become due until the contractor delivers to the
Engineer-In-Charge a complete release or waiver of all lien arising or which
may arise out of his agreement or receipt in full certification by the
contractor in a form approved by Engineer-In-Charge that all invoices for
labour, materials, services have been paid in lien thereof and if required by
the Engineer-In-Charge in any case an affidavit that so far as the contractor
has knowledge or information the releases and receipts include ;all the
labour and material for which a lien could be filled.

47.4 Contractor will indemnify and hold the owner harmless, for a period of two
year after the issue of final Certificate, forms all liens and other
encumbrances against the owner on account of debts or claims alleged to be
due from the contractor or his sub contractor to any person including sub
contractor and on behalf of owner will defend at his own expense, any claim

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or litigation in connection therewith. Contractor shall defend or contest at his

own expense any fresh claim or litigation brought against, the owner or the
contractor by any persons including his sub contractor, till its satisfactory
settlement even after the expiry of two years from the date of issue of final
Certificate.

48.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS:

48.1 In case the Contractor’s performance is delayed due to any act or omission
on the part of the owner or his authorized agents, then the contractor shall be
given due extension of time for the completion of the work, to the extent
such omission on the part of the Owner has caused delay in the contractor’s
performance of his work.

48.2 No adjustment in contract price shall be allowed for reasons of such delays
and extensions granted, except as provided in tender, where in the owner
reserves the right to seek indulgence of contractor to maintain the agreed
time schedule of completion. In such an event the contractor shall be obliged
to arrange for working by contractor’s person for additional time beyond
stipulated working hours as also on Sundays and holidays and achieve the
completion date interim targets.

49.0 PAYMENT IF THE CONTRACT IS TERMINATED:

49.1 If the Contract shall be terminated, the contractor shall be paid by the Owner
in so far as such amounts or items shall not have already been covered by
payments of amounts made to the contractor for the works executed and
accepted by Engineer-In-Charge prior to the date of termination .at the rates
and prices provided of in the contract and in addition to the following:

a) The amount payable in respect of any preliminary items, so far as the

work or service comprised therein has been carried out or performed
and an appropriate portion as certified by Engineer-In-Charge of any
such items of the work or service comprised in which has been
partially carried out or performed.

b) Any other expense which the contractor has expended for performing
the works under the contract subject to being duly recommended by

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Engineer-In-Charge and approved by owner for payment, based on

documentary evidence of his having incurred such expenses.

49.2 The contractor will be further required to transfer the title and provide the
following in the manner and as directed by the Owner.

a) Any and all completed works

b) Such partially completed works including drawings, information and

Contract rights as the contractor has specially performed, produced for
the performance of the contractor.

50.0 NO WAIVER OF RIGHTS:

Neither the inspection by the owner or any of their officials, employees, or

agent nor any order by the owner or EIL for payment of money or any
payment for or acceptance of the whole or any part of the work by the owner
nor any extension of time, nor any possession taken by owner shall operate
as a waiver of any provisions of the contract, of any power herein reserved
to the Owner, Or any right to damages herein provided, nor shall any.
Waiver of any breach in the contract be hold to be a waiver of any other or
subsequent breach.

51.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND

LIABILITY OF CONTRACTOR:

No interim payment certificates of the Owner, nor any sum paid on account
by the Owner, or any extension of time for execution of the work granted by
Owner shall affect or prejudice the rights of the Owner against the contractor
or relieve the contractor of his obligations for the due performance of the
CONTRACT, or be interpreted as approval of the /works done or of the
equipment supplied and no certificate shall create liability for the owner to
pay for alterations, amendments, variation or additional works not ordered,
in writing, by Owner or discharge the liability of the Contractor for the
payment .of damages whether due ascertained, or certified or not or any sum
against the /payment .of which he is bound to indemnify the OWNER.

52.0 LANGUAGE AND MEASURES:

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All documents pertaining to the contract including specification, schedules,

Notices, correspondence, Operating, and maintenance, instructions,
drawings, or any other writings shall be written in English language. The
metric system of measurement shall be used in the contract unless otherwise
specified.
53.0 TRANSFER OF TITLE:

53.1 The title of Ownership of supplies furnished by the contractor shall not pass
on to the Owner for all supplies till the same are finally accepted by the
Owner after the successful completion of PERFORMANCE TEST and
GUARANTEE TEST and issue of final certificate.

53.2 However the Owner shall have the lien on all such works, performed as soon
as any advance or progressive payment is made by the Owner to the
contractor and the Contractor shall not subject these works for use other than
those intended under this contract.

54.0 RELEASE OF INFORMATION:

The contractor shall not communicate or use in advertising, publicity sales

releases or in any other medium, photograph, or other reproduction of the
work under this CONTRACT or description of the site dimensions, quantity,
quality or other information, concerning .the work unless prior written
permission has been obtained from the Owner.

55.0 BRAND NAMES:

The specific reference in the specifications and documents to any material

by trade name, make or catalogue number shall be construed as establishing
standard or quality and performance and not as limited competition.
However tenderer may offer other similar equipment’s provided it meets the
specified standard design and performance requirements.

56.0 COMPLETION OF CONTRACT:

Unless otherwise terminated under the provisions of any other relevant

clause, this contract shall be deemed to have been completed at the
expiration of the period of liability as provided for under the contract.

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57.0 SPARES:

57.1 The contractor shall furnish to the Owner all spares required for
commissioning of the plants, recommendatory an /or mandatory spares,
which are required/considered essential by the manufacturer/supplier. The
same shall be /delivered at SITE-3 (three) month before
COMMISSIONING.

Also the Contractor should furnish the manufacturing drawing for fast
wearing spares.

57.2 The contractor’s guarantees the owner that before the manufacturers of the
equipment’s. Plants and machinaries go out of production of spare parts for
the equipment furnished and erected by him, he shall give at least twelve
(12) months, advance notice to the owner, so that the latter may order his
requirement of spares in one lot, if he so desires.

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SECTION-V

PERFORMANCE OF WORK:

58.0 EXECUTION OF WORK:

All the works shall be executed in strict conformity with the provisions of
the. Contract documents and with such explanatory detailed drawings,
specification and instructions as may be furnished from time to time to the
contractor by the Engineer-In-Charge whether mentioned in the contract or
and. The contractor shall be responsible for ensuring that works through out
are executed in the most substantial, proper and workmanlike manner with
the quality material or workmanship in strict accordance with the
specification and to the entire satisfaction of the Engineer-In-Charge.

The contractor shall provide all necessary materials, equipment’s labour etc.
for execution and maintenance of work till completion unless otherwise
mentioned in the contract.

59.0 CO-ORDINATION AND INSPECTION OF WORKS:

The coordination and inspection of the day to day work under contract shall
be the responsibility of the Engineer-In-Charge. The written instruction
regarding any particular job will normally be passed by the Engineer-In-
Charge or his authorized representative. A work order book will be
maintained by the contractor for each sector in which the aforesaid written
instruction will /be entered. These will signed by the Contractor or his
authorized representative by way of acknowledgement within 12 hours.

60.0 ALTERATIONS IN SPECIFICATIONS, DESIGNS AND EXTRA

WORKS:

60.1 The work covered under this contract having to be executed by the
contractor on a lumpsum firm price/item rate quoted by him, the owner will
not accept any proposals for changes in value of contract or extension in
time on account of any such changes which may arise to the contractor’s

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scope of work as a result of detailed Engineering and thereafter during the

execution of work. The only exception to this will be a case where the
owner requests in writing to the contractor to up grade the specifications or
the size of any major pieces of equipment’s, plant or machinery beyond
what is normally required to meet the scope of work as defined in the
contract document.

In such cases a change order will be initiated by the contractor at the

appropriate time for the Owner’s prior approval giving the full back up data
for their review and for final settlement of any impact on price within
30(Thirty) days thereafter.

60.2 The Engineer-In-Charge have power to make any alteration in, omission
from, additions to or substitution for, the schedule of rates, the original
specifications, drawings, designs and instruction 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 such altered/extra/new items of works in
accordance with any instructions which may be given to him writing signed
by the Engineer-In-Charge, and such alteration, omissions, additions, or
substitution shall not invalidate the contract and any altered, additional or
substituted work which the contractor may be directed to do in the manner
above specified as part of the work shall be carried out by the contractor on
the same condition in all respects on which he agreed to do the main work.
The time of completion of work may be extended for the part of the
particular job of at the discretion of the Engineer-In-Charge, for only such
alterations, additions or substitutions of the work, as he may considered as
just and reasonable. The rates for such addition, altered or substituted work
under this clause shall be worked out in accordance with the following
provisions.

I. FOR ITEM RATE CONTRACT:

a) If the rates for the additional, altered or substituted work are specified in the
contract for the work, the Contractor is bound to carry out the additional,
altered or substituted work at the same rates as; per specified in the contract.

b) If the rates for additional, altered or substituted work are not specially
provided in the contract for the work, the rates will be derived in from the
rates for similar class of work as per specified in the contract for the work.

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The opinion of the Engineer-In-Charge, as to whether or not the rates can

reasonably so derived from the items in this contract will be final and
binding on the contractor.

c) If the rates for the altered, additional or substituted work cannot be

determine in the manner specified in sub clause (a) and (b) above, then the
contractor shall, within 7 days of the date of receipt of 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, supported by the analysis of the rate or rates
claimed, and the Engineer-In-Charge shall determine the rate or rates on the
basis of the prevailing market rates, labour cost at schedule of labor rates
plus 15% Material Components only to cover contractor’s supervision,
overheads and profit and pay to the contractor accordingly. The opinion of
the Engineer-In-Charge as to current market rates of materials and the
quantum of labour involved per unit of measurement will be final and
binding on the contractor.

d) Where the items of work will; be execute through nominated specialist

agency as approved by the Engineer-In-Charge, then the actual amount paid
to such nominated agency supported by the documentary evidence and as
certified by Engineer-In-Charge shall be considered plus 10% (Ten percent)
to cover all contingencies, overhead, profits to arrive at the rates.

e) Provision contained in sub clauses (a) to (d) above shall, however, not apply
to the following:

Where the value of additions of new items together with the value of
alterations, additions/deletions or substitutions is within the range of plus
minus (±) 25% of the Value of Contract. The item rates in the schedule of
rates shall hold good for all such variations between the above mentioned
limits, in respective of any increase/decrease of the quantities of individual
items of schedule of rates.
Where the value of addition of new items together with the value of
alterations, additions/deletion/substitution exceed by more than plus minus
(±) 25% of contract value but is within the following limits to the tenderer
shall be paid compensation for increase/decrease in the value of wok as
followed:

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SL.NO. RANGE OF VARIATION PERCENTAGE

COMPENSATION FOR
DECREASE IN THE VALUE
OF WORK
IN THE RESPECTIVE
RANGE.

a) Beyond (+) 25% upto & No increase or decrease shall be applicable

inclusive of (+) 50% for the schedule of rates (The rates quoted for
this increase shall be valid)

b) Beyond (-) 25% upto & 5% (five percent) increase shall be applicable
inclusive of (-) 50% for the difference in value of work between
(-) 25% and (-) 50% of the Contract value.

This will be worked out as follows:

5% of (75% of the awarded value of contract

minus actually executed value of contract,
inclusive of extra item, if any)

II. FOR LUMPSUM CONTRACTS:

Contract shall, within 7 days of the date of recopy of 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, supported by analysis of the rate or rates
claimed, and the Engineer-In-Charge shall determine the rate or rates on the
basis of the prevailing market rates, labour cost at schedule of labour rates
plus 15% to cover contractor supervision, overheads and profit and pay the
contractor accordingly. The opinion of the Engineer-In-Charge as to current
market rates of materials and the quantum of labour involved per unit of
measurement will be final and binding of the Contractor.

61.0 WORK ON SUNDAYS AND HOLIDAYS:

For carrying out of work on Sundays, and holidays, and the contractor will
approach the Engineer-In-Charge or his representative at least two days in
advance and obtain permission in writing.

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“The contractor shall observed all labour laws and other statutory
rules and regulation in force.In case of any violation of such laws, rules and
regulations, consequence if any including the cost thereto shall be
exclusively done by the contractor and owner shall have the no liability
whatsoever on this account.”

62.0 GENERAL CONDITIONS FOR CONSTRUCTION AND ERECTION

WORK:

62.1 The working time at the time of work is 48 hours per week. Over timework
is permitted in case of need and the owners will not compensate the same.
Shift working at 2 or 3 shifts per day will become necessary and the
contractor should take this aspect into consideration for formulating his
rates for quotation. No extra claim to be entertained by the owner on .his
account

“For carrying out work beyond working hours the contractor will approach
the Engineer-In-Charge or his authorized representative and obtain the prior
written permission.”

62.2 The Contractor must arrange for the placement of workers in such a way
that the delayed completion of the work or any part thereof for any reason
whatsoever will not affect their proper employment. The owner will not
entertain any claim for idle time payment whatsoever.

62.3 The contractor shall submit to the owner reports at regular intervals
regarding the state and progress of work. The details and proforma of the
report will mutually be agreed after the award of contract.

The contractor shall provide display boards showing progress and labour
strength at work site, as directed by the Engineer-In-Charge.

63.0 DRAWINGS TO BE SUPPLIED BY THE OWNER:

63.1 The drawings accompanying the tender document are indicative of nature of
work and issued for tendering purpose only. Purpose of this drawing is to
enable the tenderer to make an offer in line with requirements of the owner.
However no extra claim whatsoever shall be entertained for any variation in

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the “Approved for Construction” and “Tender Drawings” regarding any

change /units. Construction shall be as per drawings /specifications
issued/approved by the Engineer-In-Charge during the course of execution
of work. Detailed construction Drawings on the basis of which actual
execution of work is to proceed will be furnished the contractor
progressively based on the detailed construction program evolved after the
award of work and also based on construction progressed achieved.

63.2 Detailed working drawings on the basis of which actual execution of the
works is to proceed, will be furnished from time to time during the progress
/of the work. The contractor shall be deemed to have gone through the
drawings and bring to the notice of the Engineer-In-Charge discrepancies if
any, therein before actually carrying out of the work.

63.3 Copies of all detailed working Drawings relating to the works shall be kept
at the contractor’s office on the site and shall be made available to the
Engineer-In-Charge at any time during execution of the contract. The
drawings and other documents issued by the owner shall be return to the
owner on completion of the works.

64.0 DRAWING TO BE SUPPLIED BY THE CONTRACTOR:

64.1 The drawings/data which are to be furnished by the contractor are

enumerated in the special condition of contract, and shall be furnished
within the specified time.

64.2 Where approval /review of drawings before

manufacturer/construction/fabrication has been specified,it shall be
contractor’s responsibility to have this drawings prepared as per the direction
of Engineer-In-Charge and got approved before proceeding with
manufacture/construction/fabrication as the case may be. Any change that
may have become necessary in this drawing during the execution of the
work shall have to be carried out by the contractor to the satisfaction of
Engineer-In-Charge at no extra cost. All final drawings shall bear the
certification stamp as indicated below duly signed by both the contractor and
Engineer-In-Charge.

Certificate true for

______________________________Project

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Agreement No._______________________

Signed _____________________________
__________________________
(Contractor) (Engineer-In-Charge)

64.3 The drawings submitted by the contractor shall be reviewed by the Engineer-
In-Charge as far as practiciable within 3(three) weeks and shall be modified
by the contractor if any modifications and/or corrections are required by the
Engineer-In-Charge. The contractor shall incorporate such modifications
and/or corrections and submit the final drawings for approval. Any delays
arising out of failure by the contractor rectify the drawing in good time shall
not alter the contract completion time.

64.4 It shall be the responsibility of the contractor to furnish the manufacturer’s

drawings whereever supply of equipment is in the scope of contractor in
order to facilitate the inspection or erection of equipment supplied by them.

64.5 A built drawings showing all corrections, adjustments etc. shall be furnished
by the Contractor six copies and one transparent for record purpose of the
Owner.

64.6 The Contractor will furnish drawings/manufacturers catalogue operating

manual for items manufactured or procured by the contractor in properly
bound form. In case the contractor fails to submit these document in time a
suitable amount at the desecration of the owner would be with held or
recovered from the bills.

65.0 SETTING OUT WORKS:

65.1 The Engineer-In-Charge shall furnish the contractor with only the four
corners of the works site and a level bench mark and the contractor shall be
set out the works and shall provide an efficient staff for the purpose and
shall be solely responsible for the accuracy of such setting out.

65.2 The Contractor shall provide, fix and be responsible for the maintenance of
all stakes, templates, level marks, profile and other similar things and shall
take all necessary precautions to prevent their removal or disturbance and

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shall be responsible for the consequence of such removal or disturbance

should the same take place and for their efficient and timely reinstatement.
The contractor shall also be responsible for the maintenance of all-existing
survey marks, boundary marks distance marks and centerline marks, either
existing or supplied and fix by the contractor. The work shall be set out to
the satisfaction of the Engineer-In-Charge. The approval thereof or joining
with the contractor by .the Engineer-In-Charge in setting .out the work, the
work shall /not relieve the .contractor of any of his responsibilities

65.3 Before beginning the works the Contractor shall at his own cost, provide all
necessary reference and level posts, pegs, bamboo’s, flags, ranging rods,
string and other materials for proper layout the work in accordance with the
scheme for bearing marks acceptable to the Engineer-In-Charge. The center
longitudinal or face lines and cross lines shall be marks by means of small
masonry pillars. Each pillar shall have distinct mark at the center to enable
theodolite to be set over it , No work shall be started unit all these points are
checked and approved by the Engineer-In-Charge in writing but such
approval shall not relieve the contractor of any of this responsibilities. The
contractor shall also provide all labour, materials and other facilities, as
necessary, for the proper checking of layout and inspection of the points
during Construction.

65.4 Pillars bearing geodetic marks located at the sites of unit of works under
construction should be protected and fenced by the Contractor.

65.5 On completion of works, the Contractor must submit the geodetic documents
according to which the work was carried out.

66.0 RESPONSIBILITY FOR LEVEL AND ALIGNMENT:

66.1 The contractor shall be entirely and exclusively responsible for the
horizontal and vertical alignment, the level and correctness of every part of
the work and shall rectify effectively any errors or imperfections therein,
such rectification shall be carried out by the Contractor, at his own cost,
when instructions are issued to that effect by the Engineer-In-Charge.

67.0 MATERIALS TO BE SUPPLIED BY CONTRACTOR:

67.1 The CONTRACTOR shall procure and provide the whole of the materials
required for the construction including M.S.Rods, Cement and other

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building materials, tools, tackles construction plant and equipment for the
completion and maintenance of the work except the materials which will be
ieeued by the owner and shall make his own arrangement for procuring such
materials and for the transport there of. The owner may give necessary
recommendation to the respective authority if so desired by the contractor
but assumes no further responsibility of any nature. The owner will insist on
the procurement of the materials, which bear ISI stamp and /or which are
supplied by the reputed suppliers.

67.2 The Contractor shall properly store all materials either issued to him brought
by him to the site to /prevent damages due to rain, wind, direct exposure to
sun, etc. as also from theft, pilferage etc. for proper and speedy execution, of
his works. The contractor shall maintain sufficient stocks of all materials
required by him.

67.3 No material /shall be dispatched from the contractor’s stores before

obtaining the approval, in writing, of Engineer-In-Charge.

68.0 STORES SUPPLIED BY THE OWNER/SECURITY OF

MATERIALS/EQUIPMENTS:

68.1 If the specification of the work provides for the use of any material of
special description to be supplied for the owners stores or it is the required
that the Contractor shall use certain stores to be provided by the Engineer-
In-Charge, such materials and store, and price to be charge therefore as
herein after mentioned being so far as practicable for the convenience of the
Contractor, but no so as in any way to control the meaning or effect of the
contract, the Contractor shall be bound to purchase and shall be supplied
such materials and stores as are from time to time required to used by him
for the purpose of the contract only. The sums due from the Contractor for
the. Value of materials supplied by the owner will be recovered from the
running account bill on the basis of the actual consumption of materials in
the works covered and which the running account bill has been prepared.
After the completion of the Work however, the Contractor has to account for
the full quantity of materials supplied to him as per relevant clauses in this
document.

68.2 The value of the stores/ materials as may be supplied to the Contractor by
the owner will be debited to the Contractor’s account at the rates shown in

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the schedule of materials and if they are not entered in the schedule, they
will be debited at cost price, which for purpose of the contract shall include
the cost of carriage and all other expenses whatsoever such as normal
storage supervision charges which shall have been incurred in obtaining the
same at the Owners stores. All materials so /supplied to the Contractor shall
remain the absolute property of the owner and shall not be removed on any
account from the site of the work, and shall be at all times open for
inspection to the Engineer-In-Charge.Any such materials remaining unused
at the. time of the completion or termination of the contract shall be returns
to the owners stores or at a place as directed by the Engineer-In-Charge in
/perfectly good condition at Contractor’s cost.

69.0 CONDITIONS FOR ISSUE OF MATERIALS:

i) Materials specified as to be issued by the Owner will be supplied to

the contractor by the Owner from his stores. It shall be responsibility
of the Contractor to take delivery of the materials and arrange for its
loading, transport and unloading at the SITE of work this own cost.
The materials shall be issued between the working hours and as per
the rule of the Owner .as framed from time to time.

ii) The Contractor shall be all incidental charges for the storage and safe
custody of materials at site after these have been issued to him.

iii) Materials specified as to be issued by the owner shall be issued in

standard sizes as obtain from the manufacturers.

iv) The Contractor shall construct suitable Gowdowns at the SITE of

work for the storing the materials safe against damage by rain
dampness fire, theft etc. He shall also, employ necessary watch and
ward establishment for the purpose.

v) It shall be the duty of the Contractor to inspect the materials supplied

to him at the time of taking delivery /and satisfy himself that they are
in good condition. After the materials have been delivered by the
owner, it shall be the responsibility of the CONTRACTOR to keep
them in good condition and if the materials are damaged or lost, at any
time, they shall be repaired and / or replaced by him at his own cost
according to the instructions of the ENGINEER – IN- CHARGE.

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vi) The OWNER shall not be liable for delay in supply or non-supply of
any materials which the OWNER has undertaken to supply where
such failure or delay is due to natural calamities, act of enemies,
transport and procurement difficulties and any circumstances beyond
the control of the OWNER. In no case, the CONTRACTOR shall be
entitled to claim any compensation or loss suffered by him on this
account.

vii) It shall be responsibility of the Contractor to arrange in a time all

materials required for the work other than those to be supplied by the
owner. If, however, in the opinion of the Engineer-In-Charge the
execution of the work is likely to be delayed due to the Contractors
inability to make arrangement for supply of materials which normally
he has to arrange for the Engineer-In-Charge shall have to the right at
his own discretion to issue such materials, if available with the Owner
or to procure the materials from the market or else where and the
contractor will be bound to take such materials at the rates decided by
the Engineer-In-Charge . This, however, doesn’t in any way absolve
the. CONTRACTOR from responsibility of making arrangement for
the supply of such materials in part or in full, should such a situation
occur nor shall this constitute a reason for .the delay in execution of
the work.

viii) None of the materials supply to the Contractor to be utilized by the

Contractor for manufacturing item which can be obtain a supplied
from standard manufacturer in finished form.

ix) The Contractor shall, if desired by the Engineer-In-Charge, be

required to execute an Indemnity Bond in the prescribed from the safe
custody and accounting of all materials issued by the OWNER.

x) The Contractor shall furnish to the Engineer-In-Charge sufficiently

in advance a statement showing his requirement of the quantities of
the materials to be supplied by the Owner and the time when .the
same will be required by him for the works, so as to enable the
Engineer-In-Charge make to necessary arrangements for procurement
and supply of the material.

xi) Account of the materials issued by the owner shall be maintained by

Contractor indicating the daily receipt, consumption and balance in

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the hand. This account shall be maintained in a manner prescribed by

the Engineer-In-Charge along with all connected papers are. Viz.
requisitions, issues, etc and shall be always available for inspection in
the Contractors office at SITE.

xii) The Contractor should see that only the required quantities of
materials are got issued. The Contractor shall not be entitled to cartage
and incidental charges for returning the surplus materials, if any to the
stores wherefrom they were issued or to the place as directed by the
Engineer-In-Charge.

xiii) Materials equipment’s (s) supplied by the owner shall not be utilize
for any purpose (s) than issued for.

70.0 MATERIAL PROCURED WITH ASSISTANCE OF OWNER

RETURN OF SURPLUS:

Notwithstanding anything contained to the contrary in or all the clauses of

this contract where any materials for the execution of the contract are
procured with the assistance of the owner either by issue from Owner stock
or purchases made under order or permits or licensed issued by
Government., the Contractor shall hold the said materials as trustee for the
owner and use such materials economically and solely for the purpose of the
contract and not dispose them off without the permission of the owner and
return, if required by the Engineer-In-Chare, all surplus or unserviceable
materials that may be left with him after the completion of the contract or as
it termination for any reason whatsoever on his being paid or credited such
price as the Engineer-In-Charge, shall determine having due regard to the
condition of materials. The price allowed to the Contractor however shall
not exceed the amount charged to him excluding the storage charges, if any
.The decision of the Engineer-In-Charge shall be final and conclusive in
such matters. In the event of breach of the aforesaid condition, the
Contractor shall, In terms of the licenses or permits and/ or criminal breach
of trust, be liable to compensate the owner at double rte or any higher rate, in
the event of those materials at that time having higher rate or not being
available in the market then any other rate to be determine by the Engineer-
in-Charge and his decision shall be final and conclusive.

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71.0 MATERIALS OBTAINED FROM DISMANTLING:

If the Contractor in the course of execution of the work is called upon to

dismantle any part for reason other than those stipulated in clause 76 and 80
hereunder the materials obtain in the work of dismantling etc.,will be
considered as the owners property and will be disposed off to the best
advantage of the owner .

72.0 ARTICLES OF VALUE FOUND:

All gold, silver and other minerals of any description and all precious stones,
coins, treasure relics, antiquities and other similar things which shall be
found in, under or upon the SITE, shall be the property of the owner and the
contractor shall duly preserve the same to the satisfaction of the Engineer-In-
Charge and shall from time to time deliver the same to such person or peson
indicated by the OWNER.

73.0 DESCRIPANCIES BETWEEN INSTRUCTIONS:

Should any discrepancy occur between the various instructions furnished to

the Contractor, his agent or staff or any doubt arise as to the meaning of any
such instructions or should there be any misunderstanding between the
Contractor staff and the Engineer-In-Charge staff. The Contractor shall refer
the matter immediately in writing to the Engineer-In-Charge whose decision
thereon shall be final and conclusive and no claim for losses alleged to have
been caused by such discrepancies between instruction, doubts, or
misunderstanding shall in any event be admissible.

74.0 WORK IN MONSOON AND DEWATERING:

74.1 The execution of the work may entail working in the monsoon also. The
Contractor must maintain a minimum labour force as may be required for
the job and plan and execute the construction and erection according to the
prescribe schedule. No extra rate will be considered for such work in
monsoon.

74.2 During the monsoon and other period, it shall be the responsibility of the
Contractor to keep the construction work site free from water at his own
cost.

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75.0 ACTION WHERE NO SPECIFICATION IS ISSUED:

In case of any class of work for which there is no SPECIFICATION

supplied by the owner as mention in the tender documents such works shall
be carried out in accordance with the Indian Standard Specifications don’t
cover to the same, the work should be carried out as per standard
Engineering practice subject to the approval of the Engineer-In-Charge.

76.0 INSPECTION OF WORKS:

76.1 The Engineer-In-Charge will have full power and authority to inspect the
work at any time wherever in progress either on Site or at the Contractor’s
premises/workshop wherever situated, premises/workshop of any person,
firm for corporation where work in connection with contract ma be in hand
or where materials are being or are to be supplied, and the contractor shall
afford or procure for the Engineer-In-Charge every facility and assistance
carry out such inspection. The CONTRACTOR shall, at all time during the
usual workings hours and at all other time at which reasonable notice of the
intention of the Engineer-In-Charge or his representative to visit the 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 the purpose. Orders given to the Contractor’s agent shall
be considered to have the same force as if they had been given to the
Contractor himself. The Contractor shall give not less than seven days notice
in writing to the Engineer-In-Charge before covering up and otherwise
placing beyond reach of inspection and measurement of any work in order
that the same may be inspected and measured. In the event of breach of
above the same shall be uncovered at Contractor’s expense for carrying out
such measurement or inspection.

76.2 No material shall be dispatched from the contractor’s stores before obtaining
the approval in writing of the Engineer-In-Charge. The Contractor is to
provide at all time during the progress of the work and the maintenance
period, proper means of access with ladders, gangways etc. and the
necessary attendance to move and adopt as directed for inspection or
measurements of the work by the Engineer-In-Charge.

77.0 ASSISTANCE TO THE ENGINEER-IN-CHARGE :

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The Contractor shall make available to the Engineer-In-Charge free of cost

all necessary instruments and assistance in checking and setting out of works
and in the checking of any works made by the contractor for the purpose of
setting .out and taking measurements of work.

78.0 TESTS FOR QUALITY OF WORK/QUALITY ASSURANCE:

78.1 All workmanship shall be the respective kinds described in the contract
document and in accordance with the instructions of the Engineer-In-Charge
and shall be subjected from time to time to such test at Contractor’s cost as
the Engineer-In-Charge may direct at ,the place of manufacture or fabrication
or on the site or at all or any such places. The Contractor shall provide
assistance, instruments, labour and materials as are normally required for
examining, measuring and testing any workmanship as may be selected and
required by the Engineer-In-Charge

78.2 All the tests that will be necessary connection with the execution of the work
as decided by the Engineer-In-Charge shall be carried out at the field testing
laboratory of the owner by paying the charges as directed by the owner from
time to time .In case of non availability of testing facility with the Owner the
required test shall be carried out at the cost of contractor at Government or
any other testing laboratory as directed by the Engineer-In-Charge.

78.3 If any tests are required to be the carried out in conjunction with the work or
materials or workmanship not supplied by the contractor, such tests shall be
carried out by the Contractor as per instructions of Engineer-In-Charge and
cost of such tests shall be reimbursed by the Owner.

78.4 Bidder shall include in his offer the quality Assurance program containing
the over all quality management and procedures which is required to be
adhered on during the execution of contract or after the award of the contract
detailed quality assurance program to be followed for the execution of the
contract under various divisions of work will be mutually discussed and
agreed to.

The Contractor shall establish document and maintain an effective quality

assurance system as outlined in recognized codes. Quality assurance System
Plans/Procedure of the contractor shall be furnished in the form of a QA
manual. This document should cover details of the personnel responsible for
the quality assurance, plans or procedures to be followed for quality control

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in respect of design, Engineering, Procurement, supply, installation, testing

and commissioning. The quality assurance system should indicate
organizational approach for quality control and quality assurance of the
construction activities, at all stages of workout at site as well as at
manufacturer’s works and dispatch of materials. The Owner/EIL or their
representative reserve the right to inspect/witness, review any or all stages of
work at shop/site as deemed necessary for quality assurance.

79.0 SAMPLES FOR APPROVAL:

The Contractor shall furnish to the Engineer-In-Charge for approval, when

requested or if required by the specifications, adequate samples of all
materials and finished to be used in the Work. Such samples shall be
submitted before the work is commenced and in sample time to permit tests
and examinations thereof. All materials furnished and finishes applied in
actual Work shall be fully equal to the approved samples.

80.0 ACTION AND COMPENSATION IN CASE OF BAD WORK:

If it shall appear to the Engineer-In-Charge that any work Has been executed
with unsound, imperfect or unskilled workmanship, or with materials of
inferior description, or that any materials or articles provided by the
Contractor for the execution of works are unsound, or of a quality inferior to
that contracted for, or otherwise not in accordance with the contract, the
Contractor shall on deemed in writing for the Engineer-In-Charge or his
authorized representative specifying the work, materials or articles
complained of notwithstanding that the same may have been inadvertently
passed, certified and paid for , forthwith rectify or remove and reconstruct
the work so specified and provide other proper and suitable materials or
articles at his own cost and in the event of failure to do so within the period
specified by the Engineer-In-Charge in his demand aforesaid ., The
Contractor shall be liable to pay compensation at the rate of 1%(one percent
) of the estimated cost of the whole work, for every week limited to a
maximum of 10%(ten percent) of the value of the whole work , while his
failure to do so shall continue in the case of any such failure the Engineer-
In-Charge may on expiry of noticed period rectify or remove and re execute
the work or removed or replaced with others , the materials or articles
complained of to as the case may be at the risk and expense in all respect of
the Contractor. The decision of the Engineer-In-Charge as to any question
arising under this .clause shall be final and conclusive.

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81.0 SUSPENSION OF WORKS:

i) Subject to the provisions of sub par (ii) of this clause, the Contractor
shall if ordered in writing by the Engineer-In-Charge, or his
representative, temporarily suspend .the works or any part thereof for
such period and such time and so ordered and shall not after receiving
such written order, proceed with the work therein ordered to be
suspended until, he shall have, received a written order to proceed
therewith. The Contractor, shall not be, entitled to claim compensation
for any loss or damage sustained by him .by reason of temporary
suspension of the work aforesaid. An extension of time for
completion, corresponding with the delay caused by any such,
Suspension of the works as aforesaid will be grant to the Contractor
should be apply for the same provided that the suspension was not
consequent to any default or failure in the part of the
CONTRACTOR.

ii) In case of suspensions of entire work, ordered in writing by Engineer-

In-Charge for a period of more than three months, the
CONTRACTOR shall have the option to terminate the CONTRACT.

82.0 OWNER MAY DO PART OF WORK:

Upon failure of the contractor to comply with any instructions given in

accordance with the provisions of this contract the owner has the alternative
right, instead of assuming charge of entire work, to place additional labour
force, tools, equipment's and materials on such parts of the work, as Owner
may designate or also engage another contractor to carry out the work, In
such cases, the Owner shall deduct from the amount which the otherwise
might become due to the Contractor, the cost of such ,work and materials
with fifteen percent (15%) added to cover all departmental charges and
should the total amount thereof exceed the amount due to the
CONTRACTOR , the ,Contractor shall pay the difference to the OWNER.

83.0 POSSESSION PRIOR TO COMPLETION :

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The Engineer-In-Charge shall have right to take possession of or use

any completed or partially completed work or part of the work. Such
possession or use shall not be deemed to be an acceptance of any work. or
completed in accordance with the contract agreement. If such prior
possession or use by the Engineer-In-Charge delays the progress of work,
equitable adjustment, of the time of completion will be made and the,
contract agreement shall; be deemed to be modified accordingly.

84.0 TWELVE MONTHS PERIOD OF LIABILITY FROM THE DATE OF

ISSUE OF COMPLETION CERTIFICATE:

The Contractor shall guarantee the installation/work for a period of m12

months from the date of issue of completion certificate. Any damage or
defect that may arise or lie undiscovered at the time of issue of completion
certificate, connected in any way with the equipment or materials supplied
by him or in the workmanship, shall be rectified or replaced by the
Contractor at his own expense as deemed necessary by the Engineer-In-
Charge or in default, the, Engineer-In-Charge may cause the same to be
made good by the other Workmen and deduct expense (of which the
certificate of Engineer-In-Charge shall be final) from any sums that may be
then or at any time thereafter, become due to the Contractor or from his
security deposit or the proceed of sale thereof or a sufficient part thereof.

84.1 FAILURE TO RECTIFY DEFECTS DURING LIABILITY PERIOD

AND VARIATIONS:

If the Contractor fails to make good the defect noticed during, the liability
period, the Owner shall carry out such works and recover the actual cost
incurred towards labour, supervision, materials, and consumables or
otherwise plus 100%(hundred percent) towards overhead from any pending
bill/security deposit of the contractor.

If the contractor feels that any variations in work or any quality of materials
or proportions would be beneficial or necessary to fulfill the guarantees
called for, he shall bring this to the notice of the Engineer-In-Charge in
writing.

84.2 EXTENDED LIABILITY ON CONTRACT PERFORMANCE

GUARANTEE:

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If during the period of liability any, portion of the work/equipment, is found

defective and is rectified/replaced, the period of liability or such
equipment/portion of work shall be operative from the date of such
rectification/ replacement are carried out and contract performance
guarantee shall be furnished separately for the extended period of liability
for the portion of work/equipment only. Notwithstanding the above
provisions the supplier’s, guarantees/warrantees for the replaced equipment
shall also be passed on to the Owner.

84.3 CARE OF WORKS:

From the commencement to completion of the work, the Contractor shall

take full responsibility for the care of all works including all temporary
works and in case any damages, loss or injury shall happen to the work or to
any part thereof or to any cause. Whatsoever, shall at his own cost repair and
make good the same so that t at completion the work shall be in good order
and in conformity in every respect with the requirement of the contract and
the Engineer-In-Charge’s instructions.

84.4 DEFECTS PRIOR TO TAKING OVER:

If at any time, before the work is taken over, the Engineer-In-Charge shall:

a) Decide that any work done or materials used by the contractor or by

any sub-Contractor is defective or not in accordance with the
CONTRACT, or that the works or any portion thereof are defective,
or don't fulfill the requirements of contract (all such matter being
herein after , called DEFECTs in this clause), and

b) As soon as reasonably practicable, gives to the Contractor notice in

writing of the said decision, specifying particulars of the defect
alleged to exist or to have occurred that the Contractor shall at his
own expenses and with all speed make good the defect so specified.

In case contractor shall fail to do so , the owner may take , at the cost of the
Contractor, such step as may in all circumstances, be reasonable to make
good such defects. The expenditure so incurred by the Owner will be
recovered from the amount due to the Contractor. The decision of the
Engineer-In-Charge with regard to the amount to be recovered from the
Contractor will be final and binding on the Contractor. As soon as the work

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have been completed in accordance with the contract (except in minor

respects that don't affect their use for the purpose for which they are
intended and except for maintenance there of provided in clause 84.1 of
General Condition of Contract) and have passed the tests on completion, the
Engineer-In-Charge shall issue a certificate (hereinafter called completion
Certificate) in which he shall certify the date on which the work have been
so completed and have passed the said tests and the owner shall be deemed
to have taken over the work on the date so certified . If the work have been
divided into various groups in the CONTRACT, the OWNER shall be
entitled to take over any group or groups before the other or others and there
upon the Engineer-In-Charge shall issue a completion certificate which will,
however, be for such group or groups so taken over only. In such an event if
the group /section /part. so taken over is related to the integrated system of
the work , not withstanding date of grant of completion certificate for
group/section/part. The period of liability in respect of such
group/section/part shall extend 12 (twelve) month from the date of
completion of work.

84.5 DEFECTS AFTER TAKING OVER:

In order that the CONTRACTOR could obtain a COMPLETION

CERTIFICATE he shall make good, with all possible speed, any defect
arising from, the defective materials supplied by the CONTRACTOR or
workmanship or any act or omission of the CONTRACTOR workmanship
or any act or omission of the CONTRACT or that may have been noticed or
developed, after the works or groups of the works has been taken over the
period allowed for carrying out such work will be normally one month. If
any defect be not remedied within a reasonable time, the OWNER may
proceed to do the WORK at CONTRATOR’S risk and expense and deduct
from the final bill such amount as may be decided by the OWNER.

If by reason of any default on the part of the CONTRACTOR a

COMPLETION CERTIFICATE has not been issued in respect of any
portion of the work within one month after the date of fixed, by the
CONTRACT for the completion of the work , the Owner shall be at liberty
to use the work or any portion thereof in respect of within a completion
certificate has not been, provided that the work or the portion thereof so used
as aforesaid shall be reasonably capable of being used that the
CONTRACTOR shall be afforded reasonable opportunity for completing
these works for the issue of Completion Certificate.

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85.0 GUARANTEE / TRANSFER OF GUARANTEE:

For work like water-proofing, acid and alkali resisting materials, pre-
construction soil treatment against termite or any other specialized works
etc. the CONTACTOR shall invariably engage SUB-CONTRACTORS who
are specialists in the field and firms of repute and such a SUB-
CONTRACTOR shall furnish guarantees for their workmanship to the
Owner, through the Contractor . In case such a SUB-CONTRACTOR
/FIRM is not prepared to furnish a guarantee to the OWNER, the Contractor
shall give that guarantee to the OWNER directly.

86.0 TRAINING OF OWNER’S PERSONNEL:

86.1 The Contractor undertakes to provide training without any cost to

Engineering personnel selected and sent by the Owner at the works of the
Contractor without any cost to the Owner. The period and the nature of
training for the individual personnel shall be agreed upon mutually between
the Contractor and the Owner. These Engineering personnel shall be given
special training at the shops, where the equipment will be manufactured
and/or in their collaborator’s works and where possible, in any other plant
where equipment manufactured by the CONTRACTOR or his collaborators
is under installation or test to enable those personnel to become familiar with
the equipment being furnished by the CONTRACTOR. OWNER shall bear
only the to and fro fare of the said Engineering personnel

87.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS :

87.1 If during the progress of the work, OWNER /EIL shall decide and inform in
writing to the Contractor, that the unsound or imperfect or has furnished
plant inferior to the quality specified, the Contractor on receiving details of
such defects or deficiencies shall at his own expenses within (7) seven days
of his receiving the notice, or otherwise within such time as may be
reasonably necessary for making it good, proceed to alter, re-construct or
remove such work and furnished fresh equipment's up to the standards of the
specifications . In case the contractor fails to do so , Owner may on giving
the Contractor 7 (seven) days notice in writing of his intentions to do so,
proceed to remove the portion of the work so complained of and at the cost

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of Contractor perform all such works or furnish all such equipment's

provided that nothing in the clause shall be deemed to deprive the owner of
or affect any right under the contract, the owner may otherwise have in
respect of such defects and deficiencies.

Contractor, that the unsound or imperfect or has furnished plant inferior

to the quality specified, the Contractor on receiving details of such defects
or deficiencies shall at his own expenses within (7) seven days of his
receiving the notice, or otherwise within such time as may be reasonably
necessary for making it good, proceed to alter, re-construct or remove
such work and furnished fresh equipment's up to the standards of the
specifications . In case the contractor fails to do so , Owner may on giving
the Contractor 7 (seven) days notice in writing of his intentions to do so,
proceed to remove the portion of the work so complained of and at the cost
of Contractor perform all such works or furnish all such equipment's
provided that nothing in the clause shall be deemed to deprive the owner
of or affect any right under the contract, the owner may otherwise have in
respect of such defects and deficiencies.

87.2 The Contractors full and extreme liability under his clause shall be satisfied
by the payments to the OWNER of the extra cost .of such replacements
procured including erection/installation as provided for in the contract, such
extra cause being the ascertained difference between the price paid by the
Owner for the such replacements and the contract price portion for such
defective plants and repayments of any sum paid by the owner to the
Contractor in respect of such defective plant. Should the Owner not so
replace the defective plant the Contractors extreme liability under this clause
shall be limited to the repayment of all such sums paid by the Owner under
the contract for such defective plant.

88.0 DEFENCE OF SUITS:

If any action in any court is brought against the Owner and consultant or an
officer an agent of the Owner , for the failure , omission or neglect on the
part of the Contractor to perform any acts , matters, convenience or things
under the contract, or damaged or injury caused by the alleged omission or
negligence on the part of the Contractor, his agents, representatives or his
sub-Contractors, or in connection with any claimed based on lawful
demands of sub-contractors workmen suppliers or employees , the
.Contractor , shall in such cases indemnify and keep the Owner, and

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consultant and / or their representatives fully indemnified and hold harmless

from all losses, damages, expenses decrees arising out of such action .

89.0 CONSTRUCTION AIDS, EQUIPMENT'S, TOOLS & TACKLES:

89.1 Contractor shall be solely responsible for making available for executing the
work, all requisite CONSTRUCTION EQUIPMENT'S, Special aids, barges,
cranes and the like, all tools, trackless and testing EQUIPMENT'S and
appliance, including imports of such equipment's etc. as required In case of
import of the same the rates Applicable for levying of custom duty on such
Equipment, Tools, & Tackles and the duty drawback applicable there on
shall be ascertained by the Contractor from the concerned authorities of
Government of India. It shall be clearly understood that owner shall not in
any way be responsible for arranging to obtain custom clearance and/or
payment of any duties. and /or duty draw backs etc. for such equipment's so
imported by the Contractor and the Contractor shall be fully responsible for
all taxes, duties and documentation with regard to the same . Tendeer, in his
own interest may contract, for any clarifications in the matter, the office of
chief Controller or imports and exports, Ministry of Commerce, Govt. of
India Udyog Bhawan, Maolana Azad Road, New Delhi-110001. All
clarification so obtained and interpretations thereof shall be solely the
responsibility of the CONTRACTOR.

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SECTION -VI

CERTIFICATES AND PAYMENTS

90.0 SCHEDULE OF RATES AND PAYMENTS:

i) CONTRACTOR’S REMUNERATION:

The price to be paid by the OWNER to Contractor for the whole of the work
to be done and for the performance of all the obligations undertaken by the
Contractor under the contract documents shall be ascertained by the
application of the respective schedule of rates (the inclusive nature of which
is more particularly define by way of application but not of limitation, with
the succeeding sub-clause of this clause) and payment to be made
accordingly for the work actually executed and approved by the Engineer-
In-Charge . The sum so ascertained shall (excepting only as and to the extent
expressly provided herein) constitute the sole and inclusive remuneration of
the Contractor under the contract and no further or other payment
whatsoever shall be or become due or payable on the Contractor under the
Contract.
ii) SCHEDULE OF RATES TO BE INCLUSIVE:

The price /rates quoted ( i ) CONTRACT price by the Contractor shall

remain firm till the issue of final completion certificate and shall not be
subject to escalation. Schedule of rates shall be deemed to include and cover
all costs, expenses and liabilities of every description and all risks of every
kind to be taken in executing, completing and handing over the work to the
OWNER by the CONTRACTOR . The Contractor shall be deemed to have
known the nature, scope, magnitude and the extent of the works and
materials required through the contract document may not fully and
precisely furnish them. He shall make such provision in the schedule of
rates, as he may consider necessary to cover the cost of such items of work
and materials as may be reasonable and necessary to complete the works.
The opinion of the Engineer-In-Charge as to the items of work which are
necessary and reasonable for completion of work shall be final and binding
on the CONTRACTOR, although the same may not be shown on or
described specifically in contract documents.

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Generality of this present provision shall not be deemed to cut down or

limited in any way because in certain cases it may and in other cases it may
not be expressly stated that the contractor shall do or perform a work or
supply articles or perform services at his own cost or without addition
payment or without extra charge or words to the same effect or that it may
be stated or not stated that the same are included in and covered by the
schedule of rates.

iii) SCHEDULE OF RATES TO COVER CONSTRUCTION

EQUIPMENT'S, MATERIALS, LABOUR ETC.

Without in any way limiting the provisions proceeding sub-clause the

schedule of rates shall be deemed to include and cover the cost of all
constructional plant temporary work ( except as provided for herein)
,pumps,materials,labour, insurance, fuel, consumables, stores, and
appliances to be supplied by the contractor and all other matters in
connection with each item in the schedule of rates and the execution of the
works or any portion thereof furnished, complete in every respect and
maintained as shown or described in the contract documents or as may be
ordered in writing during the continuance of the contract .

iv) SCHEDULE OF RATES TO COVER ROYALITIES, RENTS, AND

CLAIMS:

The schedule of rates (i.e. CONTRACT price) shall be deemed to include

and cover the cost of all royalties and fees for the articles and processes,
protected by letters, patent or otherwise in corporate in or used in connection
with the works, also all royalties, rents and other payment in connection with
obtaining materials of whatsoever kind for the works and shall include an in
demnmity to the Owner which the Contractor hereby gives against all
actions, proceedings, claims, damages, costs and expenses arising from the
incorporation in or used on the works of any such articles , processes or
materials,. Octoroi or other municipal or local Board Charges, if levied on
materials, equipment or machinery’s to be brought to site for use on works
shall be borne by the Contractor

v) SCHEDULE OF RATES TO COVER TAXES AND DUTIES:

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No exemption or reduction of customs duties, excise duties, sales tax on

works contract quay or any port dues, transport charges, stamp duties or
central or state Government or Local Body or Municipal Taxes or duties,
taxes or charges (from or of any other body), whatsoever, either prevailing as
on date and/or as may be levied in future will be granted or obtain, all of
which expenses shall be deemed to be included in and covered by the
schedule of rates. The Contractor shall also obtain and pay for all permits or
other privileges necessary to complete the work.

vi) SCHEDULE OF RATES TO COVER RISKS OF DELAY:

The schedule of rates shall be deemed to include and cover the risk of all
possibilities of delay and interference with the Contractor’s conduct of
works which occur from any clause including orders of the owner in the
exercise of his power and on account of extension of time granted due to
various reason and for all other possible or probable causes of delay.

vii) SCHEDULE OF RATES CANNOT BE ALTERED:

For work under unit basis, no alteration will be allowed in the schedule of
rates by reason of works or any part of them being modified altered,
extended, diminished or committed. The schedule of rates are fully inclusive
of rates which have been fixed by the Contractor and agreed to by the Owner
and cannot be altered.

For lumpsums Contracts, the payment will be made according to the work
actually carried out , for which purpose an items wise , or work wise
schedule of rates shall be furnished suitable for evaluating the value of work
done and preparing running account bill .

91.0 PROCEDURE FOR MEASUREMENT AND BILLING OF WORK IN

PROGRESS:

91.1 BILLING PROCEDURE:

Following procedures shall be adopted for billing of works executed by the

Contractor.

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91.1.1 All measurements shall be recorded in Quadruplicate on standard

measurement sheets/ books supplied by the owner and submitted toEIL for
scrutiny and passing.

91.1.2 Consultant shall scrutinise check the measurements recorded on the sheets/
books and shall certify correctness of the same on the measurement
sheets/books

The Contractor will be allowed to prepare and submit the bills in a month in
following manner.

Only one payment in month would be released either or measured or of

unmeasured.

In exceptional cases more than one payment can be released provided

the terms of the contract so envisage.

Alternate bill must be a measured bill

Measured bill, as certified by Engineer-In-Charge after recovering the

amount paid towards

Unmeasured

Bill/SD/MA/SA and other recoveries as per provision of the contract

agreement.

91.1.3 Consultant shall pass on the bills after carry out the comprehensive
checks in accordance with the terms and conditions of the contract, to the
Owner.

91.1.4 Measurements shall be recorded as per the methods of measurement spelt

out in specifications/Contract document. Consultant shall be fully
responsible for checking the measurements quantitatively as recorded in the
measurement Books/Bills.

91.1.5. While preparing the final bills overall measurements will not be taken
again. Only volume of work executed since the last measured bill alongwith

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summary of final measurements will be considered for the final bill.

However, a detailed check shall be made as to missing items, or
measurements the same shall; be recorded.

91.2 SECURED ADVANCE ON MATERIALS:

In case of tenders for completed item of work, Contractor may be allowed

Secured Advance, on the security of materials brought to site for execution
of the Contracted item of work to the extent of 75% of the value of materials
as assessed by the Engineer-In-Charge provided that the materials are of an
imperishable nature and that a formal agreement is drawn-up with the
Contractor under which the Owner secures a lien on the materials and so is
safeguarded against losses due to the Contractor postponing the execution of
the work or to the storage or misuse of the materials and against the expense
entitled for their proper watch and safe custody. Recoveries of advances so
made would not be postponed until the whole of the work entrusted to the
Contractor is completed. They should be adjusted from his bills for work
done as the materials are used, the neccessary deductions being made
whenever the items of work in which they are used are billed for.

91.3 DISPUTE IN MODE OF MEASUREMENT:

In case or any dispute as to the mode of measurement not covered by the

contract to be adopted for any item of work, mode of measurement as per
latest Indian Standard Specifications shall be followed

91.4 ROUNDING OF AMOUNTS:

In calculating the amount of each item to the Contractor in every certificate

prepared for payment, sum of less than 50 paise shall be omitted and the
total amount on each certificate shall be round off to the nearest rupees, i e.
Sum of less than 50 paise shall be omitted and sum of 50 paise and more
uppto one rupee shall be reckoned as one rupee.

92.0 LUMP-SUMS IN TENDER:

For the item in tender where it includes lump-sum in respect of parts of

work, the Contractor shall be entitled to payment in respect of the items at
the same rates as repayable under this contract for such items, or if the part

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of the work in question is not, in the opinion of the Engineer-In-Charge

capable of measurement or determination, the Owner may at his discretion
pay the lump-sum amount entered in the tender or a percentage thereof and
the certificate in writing of the Engineer-In-Charge shall be final and
conclusive against the Contractor with regard to any sum or sums payable to
him under the provision of this clause.

93.0 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS

ADVANCES:

All running accounts payment shall be regarded as payments by way, of

advance against the final payment only and not payments for work actually
done and completed and shall not preclude the requiring of bad, unsound and
imperfect or unskilled work to be removed and taken away are reconstructed
or re-erected or be considered as an admission of the due performance of the
Contract, or any part thereof, in his respect, or of the accuring of any claim
by the Contractor, nor shall it conclude, determine or affect in anyway the
powers of the Owner under these conditions or any of them as to the final
settlement and adjustment of the accounts or otherwise, or in any other way
vary or affect the Contract . The final bill shall be submitted by the
Contractor within one month of the date of physical completion of the work,
otherwise, the Engineer-In-Charges certificate of the measurement and of
total amount payable for the work accordingly shall be final and binding on
all parties.

94.0 NOTICE OF CLAIMS FOR ADDITIONAL PAYMENTS:

94.1(a) Should the Contractor consider that he is entitled to any extra payment or
compensation or to make any claim whatsoever in respect of the works he
shall forthwith give notice in writing to the Engineer-In-Charge that he
claims extra payment and /or compensation. Such notice shall be given to
the Engineer-In-Charge within ten days from the ordering of any work or
happening of any event upon which the contractor bases such claim and such
notice shall contain full particulars of the nature of such claim with full
details and amount claimed. Failure on the part of the Contractor to put
forward any claim with the necessary particulars as above within the time
above specified shall be and absolute waiver thereof. No omission by the
Owner to reject any such claim and no delay in dealing therewith shall be by
the owner of any rights in respect thereof.

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94.1(b) The Contractors agrees, and undertakes, that if the claims are not raised
within the said period of 10 days as above mentioned, then he shall be
stopped and debarred from raising such claims latter on in arbitration
proceeding or before any Court of Law. Such claims if presented before
arbitrator shall be deemed to be rejected by the Arbitrator and shall be liable
to be summarily dismissed forth with.

94.2 Owner shall review such claims within a reasonable period of time and
cause to discharge these in a manner considered appropriate after due
deliberations thereon. However, Contractor shall be obliged to carry on with
the work during the period in which his claims are under consideration by
the Owner, irrespective of the outcome of such claims.

Where additional payments for works considered extra are justifiable in

accordance with the Contract provisions, Owner shall arrange to release the
same in the same manner as for normal work payments. Such of extra works
so admitted by Owner shall be governed by all the terms, conditions,
stipulations and specifications as are applicable for the contract. The rates
for extra work shall generally be the unit rates provided for in the Contract.
In the event unit rates for extra works so executed are not available as per
Contract, payments may either be released on day work basis for which
daily/hourly rates for workmen and hourly rates for equipment rental shall
apply, or on the unit rate for work executed shall be derived by interpolation
of unit rates already existing in the Contract. In all the matters pertaining to
applicability rate and admittance or otherwise of an extra work claim of
Contractor the decision of Engineer-In-Charge shall be final and binding.

95.0 PAYMENT OF CONTRACTOR’S BILL:

No payment shall be made for works estimated to cost less than RS. 20,000/-
till the whole of the work shall have been completed and a certificate of
completion given. But in case of works estimated to cost more than RS.
20,000/- that contractor no submitting the bill thereof be entitled to receive a
monthly payment proportionate to the part thereof approved and passed by
the Engineer-In-Charge, whole certificate of such approval and passing of
the same so payable shall be final and conclusive against the Contractor.
This payment will be made after making necessary deduction as stipulated
else where in the contract document for materials, security deposit etc.

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Payments due to the contractor shall be made by the Owner if so directed by

the Owner by Account Payee check forwarding the same to registered office
or the notified office of the contractor. In no case will Owner be responsible
if the check is mislaid or misappropriated by unauthorised person/persons. In
all cases, the contractor shall present his bill duly pre-receipted on proper
revenue stamp.

All payments shall be made in Indian currency.

96.0 RECEIPT FOR PAYMENT:

Receipt for payment made on account of work when executed by a firm,

must be signed by a person holding the power of attorney in his respect on
behalf of Contractor, except when the Contractors are described in their
tender as a Limited Company, in which case the receipt must be signed in
the name of by Company by one of its principal officers or by some other
person having authority to give effectual receipt for Contractor.

97.0 COMPLETION CERTIFICATE:

97.1 APPLICATION FOR COMPLETION CERTIFICATE:

When the fulfills his obligations under 84.4 he shall be eligible to apply for
COMPLETION CERTIFICATE,. The Contractor may apply for separate
completion certificate in respect of each such portion of the work by
submitting the completion document along with such application for
COMPLETION CERTIFICATE,

The Engineer-In-Charge shall normally issue to the Contractor the

COMPLETION CERTIFICATE within one month after receiving an
application therefor from the Contractor after verifying from the completion
documents and satisfying himself that the work has been complete in
accordance with and as set out in the construction and extension drawings
and the Contractor Documents.

The Contractor after obtaining the COMPLETION CERTIFICATE is

eligible to present the final bill for the work executed by him under the terms
of CONTRACT.

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97.2 COMPLETION CERTIFICATE:

Within one month of the completion of the work in all respects, the
CONTRACTOR shall be furnished with a certificate by the Engineer-in-
Charge of such completion, but no completion certificate shall be given nor
shall the work be deemed to have been executed until all the scaffolding,
surplus materials and rubbish is cleared off the site completely nor until the
work shall have been measured by the Engineer-In-Charge, whose
measurement shall be binding and conclusive. The work will not be
considered as complete and taken over by the Engineer-in-Charge, until all
the TEMPORARY WORK, labour and staff colonies etc. Constructed are
removed and work site cleared to the satisfaction of the Engineer-In-Charge.

If the contractor shall fail to comply with the requirements of this clause on
or before the date fix for the completion of the work., the Engineer-In-
Charge may the expense of the Contractor remove such scaffolding, surplus
materials and rubbish and dispose of the same as the thinks fit, and clean of
such dirt as aforesaid, and the Contractor shall forthwith pay the amount of
all expense so incurred and shall have no claim in respect of any such
scaffolding or surplus materials as aforesaid except for any sum actually
realized by the sale thereof.

97.3 COMPLETION CERTIFICATE DOCUMENTS:

For the purpose of clause 97.0 the following documents will be deemed to
form the completion documents.
i) The technical documents according to which the work was carried out
.

ii) Six sets of construction drawings showing therein the modification

and correction made during the course of execution duly signed by the
Engineer-In-Charge.

iii) Completion certificates for the “embedded:” and covered up works.

iv) Certificate of final levels as set out for various works.

v) Certificate of tests performed for various works.

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vi) Materials appropriation Statement for the materials issue by OWNER

for the work and list of surplus materials returned to Owner’s stores
duly supported by necessary documents.

98.0 FINAL DECISION AND FINAL CERTIFICATE:

Upon the expiration of the period of the ability and such subject of the
Engineer-In-Charge being satisfied the work has been duly maintained by
the Contractor during the monsoon or such period as here in before provided
in clause 84.1 and that the Contractor has in all respects duly made up any
subsidence and performed all his obligations under the contract, the
Engineer-In-Charge shall (without prejudice to the rights of the Owner to
retain the provisions of relevant clause thereof) otherwise give a certificate
herein refereed to as the FINAL CERTIFICATE to that efficient on the
Contractor shall be not considered to have fulfill the whole of his obligations
under the contract until FINAL CERTIFICATE shall have given by the
Engineer-In-Charge notwithstanding any previous entry upon the work
taking procession, working or using of the same or any part thereof by the
OWNER.

99.0 CERTIFICATE AND PAYMENTS NO EVIDENCE OF

COMPLETION:

Except final certificates or payment against a certificate or on general

account shall be taken to be an admission by the Owner on due performance
of the contract or any part thereof or of occupancy or validity of any claim
by the contractor.

100.0 DEDUCTIONS FROM THE CONNTRACT PRICE:

All costs, damages or expenses which Owner may have paid or incurred,
which under the provision of the contract, the contractor is liable, will be
claimed by the Owner. All such claims be billed by the Owner to the
Contractor regularly as and when they fall due. Such bills shall be supported
by appropriate and certified vouchers or explanations to enable the
contractor to properly identify such claims. Such claims shall be paid by the
contractor within 15 (fifteen) days of the receipt of the corresponding bills
and if not paid by the Contractor within the said period, the owner may then
deduct the amount for many moneys due or becoming due to the contractor

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under the contract or maybe recovered by actions of law or otherwise, if the

contractor fails to satisfy the Owner of such claims.

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SECTION –VII
TAXES AND INSURANCE

101.0 TAXES DUTIES, OCTROLETC:

101.1 The Contractor agrees to and does hereby accept full and exclusive liability
for the payment of any and all taxes , duties, including,excise duty , Octoris
etc. now or hereafter imposed, increased or modified , and all the sales taxes,
duties , octoris etc. now in force and hereafter increased, imposed, or
modified, from time to time in respect of works and materials and all
contributions and taxes for unemployment compensation, insurance and old
age pensions or annuities now or hereafter impose by any Central or State
Government authorise which are imposed with respect to or covered by the
wages, salaries, or other compensations paid to the person employed by the
Contractor and the contractor shall be responsible for the compliance with
all obligations and restrictions imposed by the Labour Law or any other law
affecting employer-employee relationship and the contractor further agrees
to comply , and to secure the compliance of all sub-contractors , with all
applicable Central, State, Municipal and local law and regulation and
requirement of any Central, State or local Government agency or authority
.Contractor futher agrees to defend, indemnify and hold OWNER harmless
from any liability or penalty which may be imposed by the Central, State or
Local authorities by reasons of any violation by the Contractor or Sub-
Contractor of such law, regulations or requirements and also from all claims,
suits for proceedings that may be brought against the OWNER arising under,
growing out of , or by reason of the work provided for by this CONTRACT,
by third parties, or by Central or State Government authority or any
administrative sub-division thereof.

Tax deducting will be made as per the rules and regulation and force, in
accordance with acts prevailing from time to time.

102.0 SALES TAX/TURN OVER TAX:

Tenderer should quote all inclusive prices including the liability of Sales
Tax/ Turn Over Tax whether on the works contracts a whole or in the
respect of brought out components used by the Contractor in execution of
the Contract. Owner shall not be responsible for any such liability of the
contractor in respect of this contract.

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103.0 EXCISE DUTY (ON WORKS CONTRACT ONLY ):

Excise duty on items fabricated at site, if applicable at a latter that will be

paid by OWNER at actual s, on production of documentary evidence(s).

Tendered should quote prices inclusive of excise duty applicable on

furnished product. However, in variations in excise duty of finished product
shall be , to the Owners account and contractor will furnish documentary
evidence(s) in support of their claims to Owner.

104.0 INSURANCE:

104.1 GENERAL:

` Contractor shall at his own expense arrange secure and maintain insurance
with reputable insurance companies to the satisfaction of the owner as
follows:

Contractor at his cost shall arrange secure and maintain insurance as may be
necessary and to its full value for all such amount to protect the works in
progress from time to time and the interest of owner against all as detailed
herein. The form and the limit of such insurance, s defined here in together
with the under works thereof in each case should be as acceptable to the
Owner. However, irrespective of work acceptance the responsibility to
maintain adequate insurance coverage at all times during the period, of
contract shall be that of Contractor alone. Contractor failure in this regard
shall not relieve him of any of his responsibilities and obligations under
contract.

Any loss or damage to the equipment, during ocean transportation, port

/custom clearance, in land and port handling, inland transportation, storage,
erection and commissioning till such time the work is taken over by
OWNER, shall be to the account of CONTRACTOR.

Statutory clearances, if any, in respect of foreign supply required for the

purpose of replacement of equipment lost in transit and /or during erection,
shall be made available by the Owner.
CONTRACTOR as far as possible shall cover insurance with Indian
Insurance Companies, including marine Insurance during ocean
transportation.

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i) EMPLOYEES STATE INSURANCE ACT:

The Contractor agrees to and does hereby accept full and exclusive liability
for the compliance with all obligations imposed by the employee State
Insurance Act 1948 and the Contractor further agrees to defend, indemnify
and hold Owner harmless for any liability or penalty which may be imposed
by the Central, State or Local authority by reason of any asserted violation
by contractor or Sub-Contractor of the employees, State Insurance Act,
1948, and also all claims, suits or proceeding that may be brought against the
owner arising under growing out of or by reasons of the work provided by
this contractor whether brought by employees of the Contractor, by third
parties or by Central or
State Government authority or any political sub-division thereof.

The Contractor agrees to fill in with the Employee’s State Insurance

Corporation, the declaration Forms, and all forms which may be required in
respect of the Contractor’s or Sub Contractor’s employees, who are
employed in the work provided for or those covered by ESI from time to
time under the agreement.
The Contractor shall deduct and secure the agreement of the sub-Contractor
to deduct the employee’s contribution as per the first schedule of the
Employees State Insurance Act from wages and affix the employees
contribution Card at wages payment intervals. The Contractor shall remit
and secure the agreement of the sub-contractor to remit to the State bank of
India, Employees State Insurance Corporation Account, the Employees
contribution as required by the act. The contractor agrees to maintain all
cards and records as required under the Act in respect of employees and
payments and the contractor shall secure the agreement of the sub-
Contractor to maintain such records. Any expenses incurred for the
contributions, making contribution or maintaining records shall be to the
Contractor’s or Sub-Contractor’s account.

Owner shall retain such sum as may be necessary from the total VALUE OF
CONTRACT until the Contractor shall furnish satisfactory proof that all
contributions as required by the Employees State Insurance Act, 1948, have
been paid. This will be pending on the CONTRACTOR when the ESI Act is
extended to the place of work.

ii) WORKSMEN’S COMPENSATION AND EMPLOYER’S LIABILITY

INSURANCE:

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Insurance shall be effected for all the Contractor’s employees engaged in the
performance of this Contract. If any of the work is sublet, the Contractor
shall require the Sub-Contractor to provide workman’s compensation and
employer’s liability insurance for the latter’s employees if such employees
are not covered under the Contractor’s Insurance.

iii) ANY OTHER INSURANCE REQUIRED UNDER LAW OR

REGULATIONS OR BY OWNER:

Contractor shall also carry or maintain any and all other insurance (s), which
he may be required under any law or regulation from time to time without
any extra cost to OWNER. He shall also carry and maintain any other which
may be required by the OWNER.

iv) ACCIDENT OR INJURY TO WORKMEN:

Owner shall not be liable for or in respect of any damages or compensation

payable at law in respect or in consequence of any accident or injury to any
workman or other person in the Employment in the CONTRACTOR or any
sub Contractor save and except an accident or injury resulting from any act
or default of the owner, his agents or servants and the Contractor shall
indemnify and keep indemnified the owner against all such damages and
compensation (save and except and aforesaid) and against all claims,
demands, proceeding, costs, charges and expenses, whatsoever in respect or
in relation thereto.

v) TRANSIT INSURANCE:

In respect of all items to be transported by the Contractor to the site of work,

the costs of transit insurance should be borne by the Contractor and the
quoted price shall be inclusive of this cost.

105.0 DAMAGE TO PROPERTY OR ANY PERSON OR ANY THIRD

PARTY:

i) Contractor shall be responsible for making good to the satisfaction of the

owner any loss or any damage to structures and properties belonging to the
OWNER or being executed or procured or being procured by the OWNER
or of other agencies with in the premises of all the work of the OWNER, if

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such loss or damage is due to fault and/or the negligence or willful acts or
omission of the Contractor, his employees, agents, representatives or SUB-
CONTRACTORs.

ii) The Contractor shall take sufficient care in moving his plants, equipment's
and materials from one place to another so that they don't cause any damage
to any person or to the property of the owner or any third party including
overhead and underground cables and in the event of any damage resulting
to the property of the OWNER or of a third party during the movement of
the aforesaid plant, equipment or materials the cost of such damages
including eventual loss of production, operation or services in any plant or
establishment as estimated by the OWNER or ascertained or demanded by
the third party shall be borne by the CONTRACTOR. Third party liability
risk shall be Rupees Two Lakh for single accident and limited to Rupees Ten
Lakhs.

iii) The Contractor shall indemnify and keep the OWNER harmless of all claims
for damage to property other than the OWNER’s property arising under or
by reason of this agreement, if such claims result from the fault and /or
negligence or with full acts or omission of the Contractor, his employees,
agents, representative of SUB-CONTRACTOR.

iv) The agency should consider within his quoted rates, the third party liability
insurance.

DAMAGE TO PROPERTY:

i) CONTRACTOR shall be responsible for making good to the satisfaction of

the OWNER any loss or any damage to structures and properties belonging
to the OWNER or being executed or procured or being procured by the
OWNER or of other agencies with in the premises of all the work of the
OWNER, if such loss or damage is due to fault and /or the negligence or
willful acts or omission of the Contractor, his employees, agents,
representatives or Sub-Contractor.

ii) Contractor shall indemnify and keep the OWNER harmless of all claims for
damage to property other then the OWNER’s property arising under or by
reason of this Contract, if such claims result from the fault and /or
negligence or willful acts or omission of the CONTRACTOR, his
employees, agents, representative of Sub-Contractors.

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SECTION- VIII

LABOUR LAWS AND ARBITRATION

106.0 LABOUR LAWS:

i) No labour below the age of 18 (eighteen) years shall be employed on

the work.

ii) The Contractor shall not pay less than what is provided under law to
laborers engaged by him on the work.

iii) The Contractor shall at his expense comply with all labour laws and
keep the OWNER indemnified respect thereof.

iv) The Contractor shall pay equal wages for men and women in
accordance with applicable labour laws.

v) If the Contractor is covered under the Contractor labour (Regulation

and Abolition)Act, he shall obtain a license from a licensing authority
( i.e. office of the labour commissioner) by the payment of necessary
prescribed fee and the deposit, if any, before starting the work under
the Contract. Such fee deposit shall be borne by the Contractor

v) (a) Contractors labour shall no privity with owner nor any Employer-
Employee relationship with the OWNER nor shall Owner be
constructed as principal employer vis-à-vis such Contractor’s Labour
for whom the principal Employer for purpose of contract Labour
(Abolition & Regulation) Act be the contractor.

vi) The contractor shall employ labour in sufficient numbers directly or

through Sub-Contractors to maintain the required rate for progress and
of quality to ensure workmanship of the degree specified in the
Contract and to the satisfaction of the Engineer-In-Charge.

vii) The Contractor shall furnish the Engineer-In-Charge the distribution

return of the number and description, by trades of the workpeople
employed on the works. The contractor shall also submit on the 4Th
and 19Th of every month to the Engineer-In-Charge a true statement
showing in respect of the second half of the preceding month and the

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1st half of the current month (1) the accident that occurred during the
said fortnight showing the circumstances under which they happened
and the extent of damage and injury caused by them and (2) the
number of female workers who have been allowed Maternity Benefit
as provided in the Maternity Benefit Act 1961 or rules made there
under and the amount paid to them.

viii) The Contractor shall comply with the provisions of the payment of
Wages Act1936, Minimum Wages Act 1948, Employers Liability Act
1938, Workmen’s compensation Act 1923, Industrial Disputes Act
1947, the Maternity Benefit Act 1961 and Contract Labour regulation
and abolition Act 1970, Employment of children Act1938 or any
modifications thereof or any other law relating thereto and rules made
there under from time to time.

ix) The Engineer-In-Charge shall on a report having been made by an

Inspecting officer as defined in Contract Labour ( Regulation and
Abolition)Act 1970 have the power to deduct from the money due to
the Contractor any sum required or estimated to be required for
making good the loss suffered by a worker or workers by reason of
non fulfillment of the conditions the Contract for benefit of workers
nonpayment of wages or of deductions made from his or their wages
which are no justified by the terms of the Contract or non observance
of the said regulations

x) The Contractor shall indemnify the Owner against any payments to be

made under and for the observance of the provisions of the aforesaid
Acts without prejudice to his right to obtain indemnity from his Sub-
Contractors. In the event of the Contractor committing a default or
breach of any of the provisions of the aforesaid Acts as amended from
time to time , of furnishing any information or submitting or filling
and Form/Register/Slip under the provisions of these Acts which is
materially incorrect then on the report of inspecting Officers, the
Contractor shall without prejudice to any other liability pay to the
Owner a sum not exceeding RS.50.00 as liquidated damages for every
default, breach or furnishing, making, submitting, filling materially
incorrect statement as may be fixed by the Engineer-In-Charge and in
the event of the Contractor’s default continuing in this respect, the
liquidated damages may be enhanced to RS.50.00 per day for each
day of default subject to a maximum of one percent of this estimated

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cost of the Works put to tender. The Engineer-In-Charge shall deduct

such amount from bills or security deposit of the Contractor and credit
the same to the Welfare Fund constituted under these Acts. The
decision of the Engineer-In-Charge in this respect shall be final and
binding.

107.0 IMPLEMENTATION OF APPRENTICES ACT,1961 / PROVIDENT

FUND ACT:

107.1 The Contractor shall comply with the provisions of the Apprentices Act
1961 and the rules and orders issued thereunder from time to time. If he fails
to do so, his failure will be a breach of the Contract and the Engineer-In-
Charge may, at his discretion, cancel the Contract.The Contractor shall also
be liable for any pecuniary liability arising on account of any violation by
him of the provisions of the Act.

107.2 The Contractor should strictly comply with the provisions of the Employees
provident Fund Act.

It is to be noted that the subject contract would be awarded only to those

agencies who have fulfilled the following requirements:

a) Obtained License under Labour (Abolition and Regulation) Act

1970and submitted to EIL

b) P.F. Registration number allotted to them by RPFC and submitted to

EIL.

c) The agencies should promptly deposit PF. Deduction of the eligible

contract employees plus the employers’ contribution to the R.P.F.C.
For this purpose agency must submit a certificate in their bill that PF
amount has been deducted from the eligible employees and alongwith
employers’ contribution has been deposited with R.P.F.C. In support
of this, the agency must furnish the challan/receipt for the payment to
R.P.F.C for the earlier months.

d) If the certificate and the challan/receipt referred to in clause 107.2 (c)

above are not furnished, the Finance and Accounts deptt of NRL will
deduct 16% (sixteen percent) of the amount of the Contractor’s bill

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and retain it as deposits may only be refunded to the Contractor on

production of the Chalan/Receipt.

108.0 CONTRACTOR TO INDEMNIFY THE OWNER:

i) The Contractor shall indemnify the Owner and every member office
and employee of the Owner, also the Engineer-In-Charge and his staff
against all actions, proceedings, claims, demands, costs and expenses
whatsoever arising out of or in connection with the matters referred to
in clause 105.0 and elsewhere and all actions, proceedings, claims,
demands, costs and expenses which may be made against the
OWNER for or in respect of or arising out of any failure by the
CONTRACTOR in the performance of his obligations under the
Contract Documents. The Owner shall not be liable for or in respect
of any demand or compensation payable by law in respect or in
consequence of any accident or injury to any workmen or other
person. In the employment of the Contractor or his Sub-Contractor the
Contractor shall indemnify and keep indemnified the Owner against
all such damages and compensations and against all claims, damages,
proceedings, costs, charges and expenses whatsoever in respect
thereof or in relation thereto.

ii) PAYMENT OF CLAIMS AND DAMAGES:

Should the OWNER have to pay any money in respect of such claims
or demands as aforesaid the amount so paid and the costs incurred by
the OWNER shall be charged to and paid by the CONTRACTOR and
the Contractor shall not be at liberty to dispute or question the right of
the OWNER to make such payments notwithstanding the same may
have been made without the consent or authority or in law or
otherwise to the contrary.

iii) In every case in which by virtue of provisions of Section 12, Sub-

section (i) of workmen’s compensation Act,1923 or other applicable
provision of Workmen Compensation Act or any other Act, the
OWNER is obliged to pay compensation to a workman employed by
the.Contractor in execution of the work, the OWNER will recover
from the Contractor the amount of the compensation so paid, and
without prejudice to the rights of Owner under section 12 subsection 2
of the said Act, OWNER shall be at liberty to recover such amount or

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any part thereof by deducting it from the security deposit or from any
sum due to the Contractor whether under this Contractor otherwise.
The Owner shall not be bound to contest any claim made under
section 12, Sub-Section (i ) of the said Act , except on the written
request of the Contractor and upon his giving to the OWNER full
security for all costs for which the Owner might become liable in
consequence of contesting such claim.

109.0 HEALTH AND SANTARY ARRANGEMENTS FOR WORKERS:

In respect of all labour directly employed in the works for the performance
of the Contractor’s part of his agreement, the Contractor shall comply with
or cause to be complied with all the rules and regulations of the local
sanitary and other authorities or as framed by the Owner from time to time
for the protection of health and sanitary arrangements for all workers.

The Contractor shall provide in the labour colony all amenities such as
electricity, water and other sanitary and health arrangements. The Contractor
shall also provide necessary surface transportation to the place of work and
back to the colony for their personnel accommodated in the labour colony.

110.0 ARBITRATION: clause 110.1 has been modified . Please refer to

Annexure-7 for the same.

110.1 All disputes of difference whatsoever which shall at any time arise between
the parties hereto touching or concerning the works or the execution or
maintenance thereof of this contract or the rights touching or concerning the
works or the execution effect thereof or to be rights or liabilities or the
construction meaning operation or effect thereof or to the rights or liabilities
of the parties or arising out of or in relation thereto whether during or after
completion of the Contract or whether before or after determination,
foreclosure or breach of the contract ( other than those in respect of which
the decision of any person is by the contract express to be final and binding)
shall be endeavor to be amicably settled by the parties in the following
manner:

a) At the first instance by the Engineer-In-Charge.

b) At the second instance by the chief Executive of NRL and

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c) In case party is not satisfied matter will be referred to Indian Council

of Arbitration(ICA) with the following arbitration clause:

“All disputes or deference whatsoever arising between the parties out of or

relating to the construction, meaning and operation or effect of this Contract
or the breach thereof shall be settle by arbitration in accordance with the
rules of arbitration of the Indian Council of Arbitration and the award made
in pursuance thereof shall be binding on the parties”

110.2 FOR THE SETTLEMENT OF DISPUTES BETWEEN

GOVERNMENT DEPARTMENT AND ANOTHER AND ONE
GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE AND
ONE PUBLIC ENTERPRISE AND ANOTHER THE ARBITRATION
SHALL BE AS FOLLOWS:

“ In the event of any dispute or difference between the parties hereto, such
dispute or difference shall be resolved amicably by mutual consultation or
through the good offices of empowered agencies of the Government. If such
resolution is not possible, then, the unresolved dispute or difference shall be
referred to arbitration of an arbitrator to be nominated by secretary,
department of Legal Affairs (Law Secretary) in terms of the office
Memorandum No. 55/3/1/75-CF,. Dated of 19Th December1975 issued by
the Cabinet Secretariat (Department of Cabinet Affairs), as modified from
the time to time. The Arbitration Act 1940 (10 of 1940) shall not be
applicable to the arbitration under this clause. The award of the Arbitration
shall be binding upon parties to the dispute. Provided, however, any party
aggrieved by such award may make a further reference for setting aside or
revision of the award, to Law Secretary whose decision shall bind the parties
finally and conclusively.

111.0 JURISDICTION: Clause 111 has been modified . please refer to para
(h) of Annexure –7 for the same.

The Contract shall be governed by and construed according to the laws in

force in India. The Contractor hereby submits to the jurisdiction of the
situated at Guwahati for the purpose of disputes, actions and proceedings
arising out of the Contract and the courts at Guwahati only will have the
jurisdiction to hear and decide such disputes, action and proceedings.

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SECTION-IX

SAFETY CODE

112.0 GENERAL:

CONTRACTOR shall adhere to safe construction practice and guard against

hazardous, and un safe working conditions and shall comply with the
owner’s safety rules as set forth herein. Prior to start of construction,
CONTRACTOR will be furnished copies of Owner’s “safety code” for
information and guidance, if it has been prepared.

112.1 FIRST AID AND INDUSTRIAL INJURIES:

i) CONTRACTOR shall maintain first aid facilities for its employees

and those of its SUB-CONTRACTOR.

ii) CONTRACTOR shall make outside arrangement for ambulance

service and for the treatment of industrial injuries. Names of those
providing these services shall be furnished to OWNER prior to start of
construction and their telephone numbers shall be prominently posted
in CONTRACTOR’S field office.

iii) All critical industrial injuries shall be reported promptly to owner, and
a copy of CONTRACTOR’S report covering each personal injury
requiring the attention of a physician shall be furnished to the
OWNER.

113.0 SAFETY REGULATIONS:

i) In respect of all labour, directly or indirectly employed in the work for

the performance of Contractor’s part of this agreement, the Contractor
shall at his own expense arrange for all the safety provisions as per
safety codes of C.P.W.D. Indian Standards Institution, The Electricity
Act, The Mines Act and such other acts as applicable.

ii) The Contractor shall observe and abide by all fire and safety
regulations of the OWNER, Before starting construction work
CONTRACTOR shall consult with OWNER’s safety Engineers or

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Engineer-In-Charge and must make good to the satisfaction of the

OWNER any loss or damage due to fire to any portion of the work
done or to be done under this agreement or to any of the OWNER’s
existing property.

114.0 GENERALS RULES:

Smoking within the battery area, tank farm or dock limits is strictly
prohibited. Violators of the no smoking rules shall be discharged
immediately.

115.0 CONTRACTOR’S BARRICADES:

i) CONTRACTOR shall erect and maintain barricades required in

connection with his operation to guard or protect
a) Excavations.

b) Hoisting Areas.

c) Areas adjudged hazardous by CONTRACTOR’s or OWNER’s

inspections.

d) OWNER’s existing property subjected to damage by

CONTRACTOR’s operations.

e) Rail road unloading spots

ii) CONTRACTOR’s employees and those of his SUB-

CONTRACTOR’s shall become acquainted with Owner’s barricading
practice and shall respect the provisions thereof.
iii) Barricades and hazardous areas adjacent to but not located in normal
routes of travel shall be marked by red flasher lanterns at nights.

116.0 SCAFFOLDING:

i) Suitable scaffoldings should be provided for workmen for all works

that cannot safely be done from the ground or from solid construction
except such short period work as can be done safely from the ladders.

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When a ladder is used and extra Majdoor shall be engaged for holding
the ladder and if the ladder is used for carrying material as well,
suitable footholds and handholds shall be provided on the ladder and
the ladder shall be given an inclination not steeper than 1 in 4 (1
horizontal 4 vertical)

ii) Scaffolding or staging more than 4 meters above the ground or floor,
swing suspended from and overhead support or erected with
stationary support shall have a guard rail properly attached, bolted,
braced and otherwise retarded at least one meter high above the floor
or platform of such scaffolding or staging and extending along the
entire length of the outside and ends thereof with only such opening as
may be necessary for the delivery of materials. Such scaffolding or
staging shall be so fastened as to prevent it from swaying from the
building or structure.

iii) Working platform, gangways and stairways should be so constructed

that they should not sag unduly or un equally and if the height of the
platform of the gangway or the stairway is more than 4 meters above
ground-level or floor level, they should be closely boarded, should
have adequate width and should be suitably fastened as describe in (ii)
above.

iv) Every opening in the floor of a building or in a working platform shall

be provided with suitable means to prevent the fall of persons or
materials by providing suitable fencing or railing whose minimum
height shall be one meter.

v) Safe-means of access shall be provided to all working platforms and

other working places, every ladder shall be securely fixed. No
portable single ladder shall be over 9 meters in length in while the
width between side rails in rung ladder shall no case be less than 30
cms for ladder upto and including 3 meters in length. For longer
ladder this width should be increased atleast 5mm for each additional
foot of length. Uniform steps spacing shall not exceeding
30cms.Adequate precautions shall be taken to prevent danger from
electrical equipment. No materials on any of the sites of work shall be
so stacked or place to cause danger or inconvenience to any person of
public. The CONTRACTOR shall also provide all necessary fencing
and light to protect the workers and staff from accidents and shall be

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bound to bear the expenses of defense to every suit, action or other

proceeding of law that may be brought by any person for injury
sustained owing to neglect of the above precautions and pay any
damages and costs which may be awarded in any such suit or action
or proceeding to any such person or which may with the consent of
the CONTRACTOR be paid to compromise any claim by any such
person.

117.0 EXCAVATION AND TRENCHING:

All trenches 1.2 meters or more in depth shall at all times be supplied with at
least one ladder for each 50 meters length or fraction thereof.

Ladder shall be extended from bottom of the trench to atleast 1 meter above
the surface of the ground. The sides of the trenches which are 1.5 meter s in
depth shall be stepped back to give suitable slope or securely held by timber
bracing, so as to avoid the danger of sides to collapse. The excavated
materials shall not be placed within .1.5 meters of the edge of the trench or
half of the trench width whichever is more. Cutting shall be done from top to
bottom. Under no circumstances
Undermining or undercutting shall be done.

118.0 DEMOLITION/GENERAL SAFETY:

i) Before any demolition worked is commenced and also during the

progress of the demolishing work.

a) All roads and open areas adjacent to the work sites shall either be
closed or suitably protected.

b) No electric cables or apparatus which is liable to be a source of danger

shall remain electrically charged.

c) All practical steps shall be taken to prevent danger to persons

employed from risk of fire or explosion or flooding. No floor, roof or
other part of the building shall be so overloaded with debris or
materials as to render it unsafe.

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ii) All necessary personal safety equipment as considered adequate by

the Engineer-In-Charge should be kept available for the use of the
persons employed on the site and maintained in condition suitable for
immediate use, and the contractor shall take adequate steps to ensure
proper use of equipment by those concerned.

a) Workers employed on mixing asphaltic materials, cement and lime

mortars shall be provided with protective footwear and protective
gloves.

b) Those engaged in white washing and mixing or stacking of cement

begs or any materials which are injurious to the eyes shall be provided
with protective goggles

c) Those engaged in welding and cutting works shall be provided with

protective face and eye-shields, hand gloves etc.

d) Stone breakers shall be provided with protective goggles and

protective clothing, and seated at sufficiently safe intervals.

e) When workers are employed in sewers and manholes, which are in

use, the CONTRACTOR shall ensure that the manhole covers are
opened and are ventilated atleast for an hour before the workers are
allowed to get into the manholes, and the manholes so opened shall be
cordoned off with suitable railing and provide with warning signals or
board to prevent accident to the public.

f) The Contractor shall not employ men below the age of 18 years and
women on the work on painting with products containing lead in any
form. Wherever men above the age of 18 years are employed on the
work of lead painting, the following precautions should be taken.

1) No paint containing lead or lead product shall be used except in the

form of paste or readymade paint.

2) Suitable face masks should be supplied for used by the workers when
paint is applied in the form of spray or a surface having lead paint dry
rubbed and scrapped.

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3) Overalls shall be supplied by the CONTRACTOR to the workmen

and adequate facilities shall be provided to enable the working
painters to wash them during and on cessation of WORK.

iii) When the work is done near any place where there is a risks of
drawing, all necessary safety equipment's should be provided and kept
ready for use and all necessary steps taken for prompt rescue of any
person in danger and adequate provisions should made for prompt
first aid treatment of all injuries likely to be sustained during the
course of the WORK.

iv) Use of hoisting machines and tackles including their attachments,

anchorage and supports shall confirm to the following standards or
conditions:

a) These shall be of good mechanical construction, should materials and

adequate strength and free from patent defect and shall be kept in
good working order.

b) Every rope used in hoisting or lowering materials or as means of

suspension shall be of durable quality and adequate strength and free
from patent defects.

c) Every crane driver or hoisting appliance operator shall be properly

qualified and no person under the age of 21 years should be in charge
of any hoisting machine including any scaffolding, which or give
signal to the operation for.

d) In case of every hoisting machine and of every chain ring hook,

shackle, swivel., and pulley block used in hoisting or lowering or as
means of suspension, the safe working load shall be ascertained by
adequate means. Every hoisting machine and all gears referred to
above shall be plainly marked with the safe working load of the
conditions under which it is applicable which shall be clearly
indicated. No part of any machine or any gear referred to above in this
paragraph shall be load beyond safe working load except for the
purpose of testing.

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Page 105

e) In case of departmental machine, the safe working load shall be

notified by the ENGINEER-IN-CHARGE. As regards
CONTRACTOR’S machines, the CONTRACTOR shall notify the
safe working load of the machine to the ENGINEER-IN-CHARGE
whenever be brings any machinery to SITE of work and get it verified
by the ENGINEER-IN –CHARGE.

v) Motors, gears, transmission lines, electric writing and other dangerous

parts of hoisting appliances should be provided with the efficient
safeguards. Hoisting appliances should be provided with such means
as to reduce to minimum the accidental descent of the load, adequate
precautions should be taken to reduce the minimum risk of any part or
parts of a suspended load becoming accidentally displaced. When
workers are employed on electrical installations which are already
energised, insulating mats, wearing apparel, such as gloves, sleeves,
and boots as may be necessary should be provided. The workers shall
not wear any rings, watches and carry keys or other materials, which
are good conductors of electricity.

v) All scaffolds ladders and other safety devices mentioned or described

herein shall be maintained in safe conditions and no scaffolds, ladder
or equipment shall be altered or removed while it is in use. Adequate
washing facilities should be provided at or near places of work.

vii) These safety provisions should be brought to the notice of all

concerned by displaying on a notice board at a prominent place at the
work- spot, the person responsible for compliance of the safety code
shall be named therein by the CONTRACTOR.

viii) To ensure effective enforcement of the rules and regulations relating

to safety precautions, the arrangements made by the CONTRACTOR
shall to be open to inspection by the Welfare Officer, ENGINEER-IN-
CHARGE or safety Engineer of the Administration or their
representatives.

ix) Notwithstanding the above clauses there is nothing in these to exempt

the CONTRACTOR for the operation of any other Act or rules in
force in the Republic of India. The WORK though out including any
temporary WORKS shall be carried out in such a manner as not to
interfere in any way whatsoever with the traffic on any roads or

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Page 106

footpaths at the site or in the vicinity thereto or any existing works

whether the property of the Administration or of a third party.

In addition of the above, the CONTRACTOR shall abide by the safety code
provision as per C.P.W.D. safety code and Indian Standard Safety Code
from time to time.

119.0 CARE IN HANDLING INFLAMMABLE GAS:

The Contractor has to ensure all precautionary measures and exercise utmost
care in handling the inflammable gas cylinder/inflammable liquids/paints
etc. as required under the law and/or as advised by the fire authorities of the
OWNER.

120.0 TEMPORARY COMBUSTIBLE STRUCTURES:

Temporary combustible structures will not be built near or around work site.

121.0 PRECAUTIONS AGAINST FIRE:

The CONTRACTOR will have to provide fire Extinguishers/Fire Buckets

and drums at work site as recommended by ENGINEER-IN-CHARGE.
They will have to ensure all precautionary measures and exercise utmost
care in handling the inflammable gas cylinders/inflammable liquid/ paints
etc. as advised by the ENGINEER-IN-CHARGE. Temporary combustible
structures will not be built near or around the work site.

122.0 EXPLOSIVES:

Explosives shall not be stored or used on the works or on the site by the
CONTRACTOR for without the permission of the ENGINEER-IN –
CHARGE in writing and then only in the manner and to the extent to which
such permission is given. When explosives are required for the works they
will be stored in a special magazine to be provided at the cost of the
CONTRACTOR in accordance with the Explosives Rules. The
CONTRACTOR shall obtain the necessary license for the storage and the
use of explosives and all operation in which or for which explosives are
employed shall be at sole risk and responsibility of the CONTRACTOR and
the CONTRACTOR shall indemnify the OWNER against any loss or
damage resulting directly or in directly therefrom.

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Page 107

123.0 MINES ACT:

123.1 Safety code the CONTRACTOR shall at his own expense arrange for the
safety provisions as required by the ENGINEER-IN-CHARGE in respect of
all labour directly employed for performance of the works and shall provide
all facilities in connection therewith. In case the CONTRACTOR fails to
make arrangements and provide necessary facilities as aforesaid, the
ENGINEER-IN-CHARGE shall be entitled to do so and recover the costs
thereof from the CONTRACTOR.

123.2 Failure to comply with safety Code or the provisions relating to report on
accidents and to grant of maternity benefits to female workers shall make the
CONTRACTOR liable to pay company liquidated damages an amount not
exceeding RS. 50/- for each default or materially incorrect Statement. The
decision of the Engineer-in-charge in such matters based on reports from the
Inspecting Officer or representative of ENGINEER-IN-CHARGE shall be
final and binding and deduction for recovery of such liquidated damages
may be made from any amount payable to the CONTRACTOR from all
provisions of Mines Act, 1952 or any statutory modifications or re-
enactment thereof the time being in force and any Rules & Regulation made
thereunder in respect of all the persons employed by him under this
CONTRACT and shall indemnify the OWNER from and against any claim
under the Mines Act or the rules and regulations frame thereunder by or on
behalf of any persons employed by him or otherwise.

124.0 PRESERVATION OF PLACES:

The CONTRACTOR shall take requisite precautions and use at his best
endeavors to prevent any riotous or unlawful behavior by or amongst his
workmen and others employed on the works and for the preservation of
peace and protection of the inhabitants and Security of property the
neighborhood of the work. In the event of the OWNER requiring the
maintenance of a special police force at or in the vicinity of the site during
the tenture of works, the expenses thereof shall be borne by the
CONTRACTOR and if paid by the OWNER shall be recoverable from the
CONTRACTOR.

125.0 OUT BREAK OF INFECTIOUS DISEASES:

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Page 108

The CONTRACTOR shall remove from his camp such labour and their
families as refuse protective in occultation and vaccination when called upon
to do so by the ENGINEER-IN- CHARGE’s Representative. Should
Cholera, Plague or other infectious diseases break out the CONTRACTOR
shall burn the huts, bedding, clothes and other belongings used by the
infected parties and promptly erect new huts on healthily sites as required by
the ENGINEER-IN-CHARGE failing which within the time specified in the
Engineer’s requisition, the work may be done by the OWNER and the cost
thereof recovered from the CONTRACTOR.

126.0 USE OF INTOXICANTS:

The unauthorised sale of spirits or other intoxicating beverages upon the

work in any of the buildings, encampments or tenements owned, occupied
by or within the control of the CONTRACTOR or any of his employee is
forbidden on the CONTRACTOR shall exercise his influenced and authority
to the utmost extent to secure strict compliance with this condition.

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Page 109

ANNEXURE - I

PROFORMA OF AGREEMENT
(ON NON – JUDICIAL PAPER OF APPROPRIATE VALUE)

CONTRACT AGREEMENT FOR THE WORK OF _____________________

________________________________________________________________________
_____________________ DTD_________________ 200…(Two Thousand…………….)
Between________________________ ________________________ in the town of
____________________, hereinafter called the "CONTRACTOR" (which term shall unless
excluded by or repugnant to the subject or context include its successors and permitted
assignees) of the one part and the Numaligarh Refinery Limited hereinafter called the "OWNER"
(which term shall, unless excluded by or repugnant to the subject or context include its
successors and assignees) of the other part.

WHEREAS
A. The OWNER being desirous of having provided and executed certain works mentioned,
enumerated or referred to in the tender documents including Letter Inviting Tender General
Tender Notice, General Conditions of CONTRACT, Special Conditions of CONTRACT,
Specifications, Drawings, Plans, Time Schedule of Completion of Jobs, Schedule of Rates,
Agreed Variations, other documents has called for Tender.
B. The CONTRACTOR has inspected the site and surroundings of the works specified in the
tender documents and has satisfied himself by careful examination before submitting his
tender as to the nature of surface, strata, soil, sub - soil and ground, the from and nature of
site and local conditions, the quantities, nature and magnitude of the work, the availability of
labour and materials necessary for the execution of work, the means of access to site, the
supply of power and water there to and the accommodation he may require and has made
local and independent enquiries and obtained complete information as to the matters and
things referred to, or implied in the tender documents or having any connection therewith,
and has considered the nature and extent of all probable and possible situations, delays,
hindrances or interferences to or with the execution and completion of the work to be carried
out under the contract, and has examined and considered all other matters, conditions and
things and probable and possible contingencies, and generally all matters incidental thereto
and ancillary thereof affecting the execution and completion of the work and which might
have influenced him in making his tender.

C. The tender documents including the notice letter, inviting tender, General Conditions of
CONTRACT, Special Conditions of CONTRACT, Schedule of Rates, General obligation,
Specifications, Drawings, Plans, Time schedule of completion of jobs, Letter of Acceptance
of tender and any statement of agreed variations with its enclosures copies of which are
hereto annexed form part of this CONTRACT though separately set out herein and are
included in the expression " CONTRACT" wherever herein used.

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Page 110

AND WHEREAS

The OWNER accepted the Tender of the CONTRACTOR for the provision and the execution of
the said work at the rates stated in the Schedule of Quantities of work and finally approved by
OWNER (hereinafter called the " Schedule of Rates") upon the terms and subjects to the
conditions of CONTRACT.

NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND DECLARED

AS FOLLOWS :

1. In consideration of the payment to be made to the CONTRACTOR for the work to be

executed by him, the CONTRACTOR hereby covenants with the OWNER that, the
CONTRACTOR shall and will duly provide, execute and complete the said works and shall
do and perform all other acts and things in the CONTRACT mentioned or described or which
are to be implied there from or may be reasonably necessary for the completion of the said
works and at the said times and in the manner and subject to the terms and conditions or
stipulations mentioned in the CONTRACT.

2. In consideration of the due provision execution and completion of the said works, the
OWNER does hereby agree with the CONTRACTOR that the OWNER will pay to the
CONTRACTOR the respective amounts for the work actually done by him and approved by
the OWNER at the Schedule of Rates and such other sum payable to the CONTRACTOR
under provision of CONTRACT, such payment to be made at such time in such manner as
provided for in the CONTRACT.

AND

3. In consideration of the provision, execution and completion of the said works the
CONTRACTOR does hereby agree to pay such sums as may be due to the OWNER for the
services rendered by the OWNER TO THE CONTRACTOR, such as power supply, water
supply and other as set for in the said CONTRACT and such other sums as may become
payable to the OWNER towards the controlled items of consumable materials or towards
loss, damage to the OWNER's equipment, materials construction plant and machinery, such
payments to be made at such time and in such manner as is provided in the CONTRACT.

It is specifically and distinctly understood and agreed between the OWNER and the
CONTRACTOR that the CONTRACTOR shall have no right, title or interest in the site made
available by the OWNER for execution of the works or in the building, structures or works
executed on the said site by the CONTRACTOR or in the goods, articles, materials, etc. brought
on the said site (unless the same specifically belongs to the CONTRACTOR) and the
CONTRACTOR shall not have or deemed to have any lien whatever charge for unpaid bills will
not be entitled to assume or retain possession or control of the site or structures and the OWNER
shall have an absolute and unfetted right to take full possession of site and to remove the
CONTRACTOR, their servants, agents and materials belonging to the CONTRACTOR and
lying on the site.

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Page 111

The CONTRACTOR shall be allowed to enter upon the site for execution of the works only as a
licensee simpliciter and shall not have any claim, right, title or interest in the site or the structures
erected there on and the OWNER shall be entitled to terminate such licence at any time without
assigning any reason.

The materials including sand, gravel, stone loose earth, rock, etc. dug up or excavated from the
said site shall, unless otherwise expressly agreed under this CONTRACT, exclusively belong to
the OWNER and the CONTRACTOR shall have no right to claim over the same and such
excavation and materials should be disposed off on account of the OWNER according to the
instruction in writing issued from time to time by the ENGINEER-IN-CHARGE.

In Witness whereof the parties have executed these presents in the day and the year first above
written.

Signed and Delivered for and on behalf Signed and Delivered for and on
of OWNER Numaligarh Refinery Ltd. behalf of CONTRACTORS.

____________________________ __________________________
____________________________ __________________________

Date _______________________ Date ______________________

Place _______________________ Place ______________________

IN PRESENCE OF TWO WITNESSES

1.

2.

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Page 112

ANNEXURE-II

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

(To be stamped in accordance with the stamp Act)

Ref………………………….. Bank Guarantee No……………….

To,

Numaligarh Refinery Ltd.

Tarun Nagar, 4 Th Road,
Guwahati 781005

Dear Sir (s)

In accordance with letter inviting Tender under reference

No………………………………………………M/S……………………………………………
…………………having their Registered / Head office
at……………………………………………………………….(hereinafter called the Tenderer)
wish to participate in the side tender
for……………………………………………………………………………….

As an irrevocable bank Guarantee against Earnest Money Deposit for an amount of

……………………….is required to be submitted by the Tenderer as a condition precedent for
participation in the said Tender which amount is liable to be forfeited on the happening of any
contingencies mentioned in the Tender Document.

We, the……………………………………Bank at ……………………..

Having our Head office…………………………………………………
(Local Address) guarantees and undertakes to pay immediately on demand by Numaligarh
Refinery Ltd. The
amount……………………………………………..Without any reservation, protest, demur and
recourse. Any such demand made by Numaligarh Refinery Ltd. shall be conclusive and binding
on us irrespective of any dispute or difference raised by the Tendered.

This guarantee shall be irrevocable and shall remain valid up

to……………………………………………
(this date should be 180 days after the date finally set out for closing of tender) If any further
extension of this guarantee is required, the same shall be extended to such required period on
receiving instructions from M/S……………………………………………………………on
whose behalf this guarantee is issued.

In witness where of the Bank, through its authorized officer, has set its hand stamp on
this………Day of…………….19………………at……………

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Page 113

WITNESS: (SIGNATURE NAME)

(SIGNATURE NAME) Designation with Bank Stamp

Attorney as per

(OFFICIAL ADDRESS) Power of Attorney No…………..

Date………………………………

***********************************

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Page 114

ANNEXURE-III

PROFORMA OF BANK GURANTEE FOR SECURITY DEPOSIT

(ON NON – JUDICIAL PAPER OF APPROPRIATE VALUE)

To

Numaligarh Refinery Ltd.

Lotus Tower, GS Road, Ganeshguri
Guwahati –781005

Dear Sirs:

M/s ………………………………….. Have taken tender for the work of …

…...………….. for Numaligarh Refinery Limited, Lotus Tower, GS Road, Ghy-5.

The tender conditions of contract provide that the Contractor shall pay a sum of
Rs……….… (Rupees ………………………………) as initial/full security Deposit in
the form there in mentioned. The form of payment of security deposit includes guarantee
executed by Nationalized Schedule ‘A’ Bank, undertaking full responsibility to
indemnify Numaligarh Refinery Ltd. in case of default.

The said ………………………. has approached us and at their request and in

consideration of the premises we having our office at ………………. have agreed to give
such guarantee as hereinafter mentioned.

1. We hereby undertake and agree with you that if default shall be made by
M/s………… in performing any of the terms and condition of the tender or in
payment of any money payable to Numaligarh Refinery Ltd. We shall on demand
pay to you in such manner as you direct the said amount of Rupees ……… only or
such portion thereof not exceeding the said sum as you from time to time require.

2. You will have the full liberty without reference to us and without affecting this
guarantee postpone for any time or from time to time the exercise of any of the
powers and rights conferred on you under the contract with the said
…………………………. and to enforce or to forebear from endorsing any powers
or rights or by reason of time being given to said ………… which under law
relating to the sureties would but for provision have the effect of releasing us.

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Page 115

3. Your right to recover the said sum of Rs. …………………………….. (Rupees

………………………….) from us in manner aforesaid will not be affected or
suspended by reason of the fact that any dispute or disputes have been raised by
the said M/s …………………. and /or that any dispute or disputes are pending
before any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the

liquidation or winding up dissolution or changes of constitution or insolvency of
the said, but shall in all respects and for all purposes be binding and operative until
payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to (Rupees. ………………………).

Our guarantee shall remain in force until ……………………………….. unless a
suit or action to enforce a claim under Guarantee is filled against us within six
months from …………… (Which is date of expiry of guarantee) all your rights
under the said guarantee shall be forfeited and we shall be relived and discharged
from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and
Articles of Association and the undersigned has full power to do under the power
of Attorney dated ……………. granted to him by the Bank.

Yours faithfully,

_____________ Bank
By its Constituted Attorney

Signature of a person duly

Authorized to sign on behalf
Of the Bank.

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Page 116

ANNEXURE-IV

GUARANTEE AGAINST ADVANCE PAYMENT

This deed of guarantee made this ………………………………… day of …. ……………..

between ………………………………….. and wherever the context so required includes its
successors and assignees hereinafter called "the surety" and Numaligarh Refinery Ltd. an
existing company within the companies Act 1956, having its Registered office at Lotus Tower,
Ganesguri, Guwahati- 781005 and wherever the context so required includes its successors and
assignees, herein after called "the Owner".

Whereas M/s ………………………………………………..a company registered under the

companies Act 0f 1956 having its registered office at
……………………………………………………… (wherever applicable) and wherever the
context so requires includes its successors and assignees, hereinafter called "The Contractor"
has undertaken to ………………….. ………………….. on the terms and conditions mentioned
in the

(a) Letter of Intent No ………………………….dated …………… …………...

OR/AND

(b) Agreement No ………………………………… dated ……………………. Referred to as

"the said contract".

And whereas the Owner has agreed to make an advance of Rs………………… (Rupees
………………………………………………) being ……..% value of the contract on
......................................... as provided in the contract as the said advance to the contractor
carrying no interest.

AND WHEREAS the contractor has agreed with the owner authorizing him to deduct the said
advance under the terms of the said contract from the amount that becomes due and payable to
contractor as per the terms and conditions described under the clause "Terms and Conditions of
payment" of the contract on proper execution of the contract.

Now this deed witness that in consideration of the said advance or any balance thereof made by
the owner to the contractor, the surety hereby GUARANIEES the payment of the said advance
by the contractor, and undertakes to pay the owner on demand the said sum of RS.
……………………….. subject to the following condition.

(a) "Surety hereby gives an irrevocable guarantee and declares that its liability under this
bond shall extend to the payment of the whole of amount viz. RS. ………………… paid
as advance as provided for the contract as the said advance."

(b) This Guarantee shall remain in force and effect so long as the said advance of any part
thereof remains outstanding and shall expire and become ineffectual only after the

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Page 117

recovery of the entire sum of Rs. ………………. covered by the Guarantee and upon
intimation thereof being given by the owner to the surety in which event, the surety shall
be discharged by the owner.

(c) The surety shall not be discharged or released from the guarantee by any arrangement
made between the owner and the contractor with or without the consent of the surety or
by any alternation in the obligation of the parties or by any indulgence, forbearance,
whether as to payment, time performance of otherwise.

(d) The Guarantee shall come into force from the date contractor receives from the owner the
said advance.

(e) Notwithstanding anything stated above, the liability of the surety under the guarantee is
restricted to Rs. ………………………… (Rupees. ………. ………………………….)
and this guarantee will remain in force up to in the first instance. Further unless a claim
or Demand is made against the Surety within six months from the date of expiry of this
guarantee viz. …. ………………….. all rights of the owner under this guarantee shall be
forfeited and the surety shall be released and discharged from all liability hereunder
unless this guarantee shall have been previously extended. However if the contract for
which this guarantee is given is not completed or fully performed, the surety (Bank)
hereby agrees to further extend the Guarantee till such time as is required to fulfil the
contract.

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Page 118

ANNEXURE-V

INDENTURE FOR SECURED ADVANCES

THIS INDENTURE made the........................................... day of.............199

between.......................................................................................(hereinafter called the contractor
which expression shall where the context so admits or implies be deemed to include his
executors, administrator and the assignees) of one part and Numaligarh Refinery Ltd,
(hereinafter called the Numaligarh Refinery Limited which expression shall where the context so
admits or implies be deemed to include its successors in office and assignees) of other part.

WHEREAS BY an Agreement No..................................................

dated............................(hereinafter called the said agreement) the contractor has
agreed............................................ and WHEREAS the contractor has applied to the Numaligarh
Refinery Limited that he may be allowed advances on the security of materials absolutely
belonging to him and brought by him to site of the works, the subject of the said agreement for
use in the construction of such of the works as he has undertaken to execute at rates fixed for the
finished work (inclusive of the cost of materials and labour and other charges) and whereas the
Numaligarh Refinery Limited has agreed to advance to the contractor an amount upto
Rs......................(Rupees..................................................only) on the security of the quantities and
other particulars of the materials on the security of which the advance or advances are made as
detailed in the secured advance account forming account bill preferred from time to time and
signed by the contractor for the said works.

NOW THIS INDENTURE WITNESS that in pursuance of the said agreement and in
consideration of amounts aggregating to the sum of
Rs.......................(Rupees...................................................................................only) on or after the
execution of these presents paid to the Numaligarh Refinery Limited. (The receipt where of the
Contractor hereby acknowledge) contractor both hereby covenent and agreewith the Numaligarh
Refinery Limited and declare as follows:

1. That the said sum aggregating.................(Rupees................................only) so advanced

by the Numaligarh Refinery Limited to Contractor as aforesaid shall be employed by the
Contractor in or towards expediting the execution of the said works and for no other
purpose whatsoever.

2. That the materials detailed in the said Running Account Bills which have been offered to
and accepted by the Numaligarh Refinery Limited as Security are absolutely the
Contractor’s own property, and free from encumbrances of any kinds and the contractor
hereby agrees to indemnify the Numaligarh Refinery Limited against all claims to any
materials in respect of which an advance has been made to him as aforesaid.

3. That the materials detailed in the said Running Account Bills (hereinafter called the said
materials) shall be used by the Contractor solely for the execution of the said works in
accordance with the directions of the Engineer-in-charge and in terms of the said
agreement.

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Page 119

4. That the contractor shall make at his own cost all necessary and adequate arrangements
for the proper watch, safe custody and protection against all risk of the said materials and
that until used in construction as aforesaid the said materials shall remain at the site of the
said works in the Contractors custody and on his own responsibility and shall at all times
be open to inspection by the event of the said materials or any part thereof being stolen,
destroyed or damaged the contractor will forthwith replace the same with other materials
of like quality or repair and make good the same as required by the Engineer- in –charge.

5. That the said materials shall not on any account be removed from the site of the said
works except with the written permission of the Engineer- in –charge or an officer
authorised by him on that behalf.

6. That the advanced shall be repayable in full when or before the Contractor receives
payment from the Numaligarh Refinery Ltd. of the price payable of him or the said works
under the terms and the provision of the said agreement provided that if any intermediate
payments are made to the contractor on account of work done then the occasion of each
such payments the Numaligarh Refinery Ltd. will be at liberty to make recovery from the
contractors bill for such payment by deducting there from the value of the said materials
then actually used in the conclusion and in respect of which recovery has not been made
previously the value for this purpose being determined in respect of each description of
materials at the rates at which the amounts of the advances made under these presents
were calculated.

7. That if the contractor shall at any time make any default in the performance or
observance in any of the terms and provision of the said agreement the total amount of
the advance or advances that may still be owing in the Numaligarh Refinery Ltd. together
with the interest thereon at eighteen(18) percent per annum from the date or respective
dates of such advance or advances to the dates of repayment will with all costs, charges,
damages and expenses incurred by the Numaligarh Refinery Ltd. in the recovery thereof
the security or otherwise by reason of the default of the contractor hereby convenants and
agrees with the Numaligarh Refinery Ltd. to repay and pay the same respectively to him
accordingly.

8. That the contractor hereby gives charge of all the said materials for the repayment to the
Numaligarh Refinery Ltd. of the said sum aggregating to
Rs………………………(Rupees…………………………………………….. only) and
all costs, charges, damages and expenses payable under these presents PROVIDED
ALLWAYS AND it is hereby agreed and declared that notwithstanding anything in the
said agreement and without prejudice to the powers contained therein if and when ever
the money owing shall not be paid in accordance herewith, the Numaligarh Refinery Ltd.
may at any time thereafter adopt all or any of the following courses as it may deem best.

a) Seize and utilise the said materials or any part thereof in the completion of the
said works on behalf of the contractor is accordance with the provision in that
behalf contained in the said agreement debiting the contractor with the actual

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Page 120

cost of effecting such completion and the amount due in respect of advances
under these presents and crediting the contractor with the value of work done
as if he had carried it out in accordance with the said agreement and the rates
thereby provided. If the balance is against the Contractor he is to pay the same
to Numaligarh Refinery Ltd. on demand.

b) Remove and sell by the public auction the seized materials or any part thereof
and out of the money arising from the sales retain all the sums aforesaid
repayble to the Numaligarh Refinery Ltd. under these presents and pay over
the surplus (if any) to the contractor.

c) Deduct all or any part of the money owing out of the security deposits or any
due sum to the Contractor under the said agreement.

9. That in event of any conflict between the provisions of these presents and the said
agreement the provisions of the said agreement shall prevail and in the event of any
dispute or difference arising over the construction or effect of these presents the
settlement of which has not been herein before expressly provided for, the same shall be
referred to arbitration as provided in the said agreement.

IN WITNESS WHEREOF .......................................……………………………………. and

Numaligarh Refinery Ltd by the order and under the directions of the Numaligarh Refinery Ltd
have herein to set their respective hands the day and year first above written.

Signed, scaled and delivered Signature :

By the said Contractor in the
Presence of Name :

Address :

Witness:

Signed by the order and direction Signature :

Of the Numaligarh Refinery Ltd
In the presence of Name :

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Page 121

Address :
Witeness:

Page 121 of 128

Page 122

ANNEXURE-VI

TO,

M/s Numaligarh Refinery Limited,

4th Road, Tarun Nagar,
Guwahati- 781005.

Sub : COMPOSITE BANK GUARANTEE FOR

ADVANCE AND SECURITY DEPOSIT.

THIS UNDERTAKING made this ………………………………………… day of

………………. by ……………………………………. (herein after called the “Bank” which expression shall
include its successors and assigns) in favour in NUMALIGARH REFINERY LTD. 4 th ROAD, TARUN NAGAR,
GUWAHATI – 781005, ASSAM (herein after called the “OWNER” which expression shall include its successors
and assigns).

WHEREAS NUMALIGARH REFINERY LIMITED a Govt. of India Enterprise,

………………… , 4 th Road, Tarun Nagar, Guwahati – 781005,Assam (hereinafter called the
“OWNER” which expression shall include its/ his/ their successors and assigns / executors,
administrators, representatives and assigns) has been awarded in contract in terms, inter-alia, of
the Owner’s letter of Work order Number ……………………………………. Dtd
………………..for executing the (job) ……………………… for …………………….. at a total
value of Rs ………………. To M/S …………………………… (herein after called the “Said
Contract” which expression shall include any formal contract entered into subsequence thereto or
in suppression thereof and all modifications to an amendments in the said contract):

AND WHEREAS the Owner agreed to advanced the Contractor a

…………………………(Rupees …………………………. only) for utilization for the
performance of the work covered by the said contract (Hereinafter referred to as the “said
advance” which expression shall include any and all further advance made by the Owner to the
Contractor with reference to the said contract) on production of an undertaking from a Bank in
respect of the said advance shall without prejudice to any other mode of recovery available to the
Corporation be recoverable by deduction from the gross accepted value of the Running Account
Bills and Final Bill of the Contractor Commencing with the First Running Account Bill.

AND WHEREAS the Contractor is also required to furnish an undertaking from a Bank
in lieu of deposit of 10 % of the value of the Contract towards security deposit (hereinafter
referred to as the “Security Deposit”) valid till the end of the defect liability period as specified
in the said contract.

AND WHEREAS the Owner has agreed to accept the single undertaking from a Bank to cover
both the said advance and the Security Deposit in the name & style of “Composite Bank
guarantee”.

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NOW, THEREFORE, in consideration of premises a foregoing and at the request of the

Contractor, the Bank hereby irrevocably and unconditionally undertakes to pay to the owner at
Guwahati forthwith on first demand without protest or demur or proof or condition any and all
amounts demanded by the owner in writing from the Bank with reference to this undertaking up
to an aggregate limit of Rs……………………… (Rupees ………………………………………..
only).
And the bank doth hereby further agree as follows :-

I. The owner shall have the fullest liberty without reference to the Bank and without
affecting in any way the liability of the Bank under this undertaking, at any time and / or
from time to time to anywise vary the said contract and / or any of the terms and
conditions thereof the said advance and / or to extend time for performance of the said
contract and /or payment of the said advance in whole or part or to postpone for any time
and /or from time to time any of the said obligations of the contractor and either to
enforce or for bear from enforcing any of the terms and conditions of or governing the
said contract and / or the said Advance, or the securities, if any, or any of them available
to the Owner and the bank shall not be released from its liability under this presents and
the liability of the Bank shall remain in full force and effect with notwithstanding any
exercise by the Owner of the liberty with reference to any or all the matters aforesaid or
by reason of time being given to the contractor or any other forbearance or omission on
the part of the owner or any indulgence, by the owner to the contractor or of any other act
, matter or thing whatsoever which under any law could (but for this provision) have the
effect of releasing the Bank from its liability hereunder or any part thereof.

II. It shall not be necessary for the Owner to proceed against the Contractor before
proceeding against the Bank and the undertaking herein contain shall be enforceable
against the bank as Principal debtor notwithstanding the existence of any security for any
indebtedness of the Contractor to the Owner (including relative to the said advance or for
the Security Deposit) and not with standing that any such security shall at the time when
claims is made against the Bank or Proceedings taken against the Bank hereunder, be
outstanding or unrealised.

III. As between the Bank and the Owner for the purpose of this undertaking the amount
claimed or demanded by the Owner from the Bank with reference to this undertaking
shall be final and binding upon the bank as to the amount payable by the Bank to the
Owner hereunder.

IV. The liability of the Bank to the Owner under this undertaking shall remain in full force
and effect notwithstanding the existence of difference or dispute between the Contractor
and the Owner, The Contractor and the Bank and / or the Bank and the Owner or
otherwise howsoever touching or affecting these presents or the liability of the Contractor
to the Owner, and notwithstanding the existence of any instructions or purported
instructions by the contractor or any other person to the Bank not to pay or for any cause
with hold or defer payment to the Corporation under these presents, with the intent that
notwithstanding the existence of such difference, dispute or instruction, the Bank shall be
and remain liable to make payment to the Owner in terms hereof.

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V. This undertaking shall not be affected by any change in our constitution or that of the
Contractor or the Owner or any irregularity in the exercise of borrowing powers by or on
behalf of the Contractor.

VI. This undertaking shall be valid for all claims / demands made by the Owner to or upon us
upto …………………………………….. provided that the Bank shall upon the written
request of the Contractor extended this guarantee by a further period.

VII. The bank doth hereby declare that Shri ……………………….. who is the ………………
(designation) of the Bank is authorised to sign this undertaking on behalf of the Bank and
to bind the Bank thereby.

VIII. The Bank hereby agrees not to revoke the Bank guarantee during its currency except with
the previous consent of the Owner, in writing.

IX. The Bank Guarantee is enforceable in the courts having jurisdiction over Guwahati,
(Assam) only.

X. Not withstanding anything contained herein above our liability under this Guarantee is
restricted to Rs………………….. (Rupees ………… …………………) only and it shall
remain inforce upto & including ………………….. (date) unless a claim under this
guarantee is made on or before ………………. (date). All your rights under the said
guarantee shall be forfeited and we shall be released & discharged from all liability there
under, our undertaking shall commence from the date of execution.

Yours faithfully,
For and on behalf of the Bank

Name ……………………………
Designation ……………………..
Seal

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Page 125

ANNEXURE - VII

MODIFICATION OF GENERAL CONDITIONS OF CONTRACT

The following clauses of GCC are modified to the extent as mentioned below :
Sl. No Clause No Item Modification
1. (Clause no. 2.3) Water Supply The Clause is modified to the extent as mentioned belo
Water shall be ‘Free Issue’.
2. (Clause no. 2.4.1) Power Supply The Clause is modified to the extent as mentioned belo
Power / Electricity Charges: Rs. 4.95 (Rupees fou
KWH.
3. (Clause no. 6.1) Earnest Money The Clause is modified to the extent as mentioned belo
Deposit The Earnest Money Deposit shall be in favour of
Numaligarh.

4. (Clause no. 21.0) Force Majeure The following sentence shall be added to the clause
Clause The CONTRACTOR shall keep records of the
failure of performance and bring this to the notic
immediately on such occurrences.

5. (Clause no. 24.0) CONTRACTOR The following para shall be added to the clause
to obtain his own The CONTRACTOR’s attention is drawn towards var
information for use of Forest Products like sand, stone, timber etc
the Government of Assam. The CONTRACTOR wil
from the local District Forest Officer after payment of
owner shall facilitate the CONTRACTOR by way
Government Agencies in order to enable the CONTRA
payment of royalty.
6. (Clause no. 25.0) Security Deposit The following para shall be added to the clause :
Mobilisation advance may be paid against a
equivalent amount to cover Mobilisation advanc
7.5% against security deposit, provided initia
amount of the contract value is furnished. Such
per format enclosed as Annexure -6 to GCC.

7. (Clause no. 28.0) Extension of The Clause is modified to the extent as mentioned belo
Time Until a final decision is taken by the ow
CONTRACTOR for extension of time on any gr
may be given by Engineer-in-charge in order t
prejudice towards the rights, claims, contentions
the CONTRACTOR as per terms of the contract.
decided by the engineer-in-charge) for delay sha
extension period and the amount shall be recov
Bills and other bills & dues of the CONTRACTO

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8. Clause no. 29.1) Compensation The Clause is modified to the extent as mentioned belo
for Delay Liquidated damage for delay in completion shal
thereof on the amount of the contract value for e
10% of the contract value.

9. Clause no. 106.0) Labour Laws The following para shall be added to the clause :
The CONTRACTOR will comply with the pr
indemnify the company against all claims, whi
Acts, & Rules framed thereunder:
i) The Contract Labour (Regulation and Abo
ii) The Minimum Wages Act.
iii) The Workman's Compensation Act.
iv) The Payment of Wages Act,
v) The Payment of Bonus Act,
vi) The Employees Provident Fund & Misc. P
vii) Family Pension Scheme,
viii) Inter State Migrant Workmen (Regulation
Condition of Service) Act,
or any other acts or statute not hereinabove specifical
engagement of workers directly or indirectly for exec

10. (Clause no. 110.0 ) Arbitration The Arbitration clause as appearing in the GCC shall b
Clause “ a) Any dispute or difference of any nature w
counter-claim or set off of the Company
regarding any right, liability, act, omission
hereto arising out of or in relation to his agr
Arbitration of the Managing Director of the
Company who shall be nominated by
CONTRACTOR will not be entitled to
arbitrator on the ground that the arbitrator i
he has dealt with the matters to which the c
of his duties as an Officer of the Company
any other matters in dispute or difference
whom the matter is originally referred, bein
or being unable to act for any reason, the M
time of such transfer, vacation of office or i
of the Managing Director designate anot
accordance with the terms of the agreem
original Arbitrator shall be entitled to conti
withstanding his transfer or vacation or offi
the Managing Director does not designate a
such transfer, vacation of office or inab
persons shall be entitled to proceed with th
it was left by his predecessor. It is also a t
other than the Managing Director or a per
Director of the Company as aforesaid shal

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award of the arbitrator so appointed shall be

parties to the agreement subject to the prov
or any statutory modification or re-enact
thereunder for the time being in force shall
under this clause.
b) The award shall be made in writing and pub
years after entering upon the reference o
exceeding further twelve months as to sole
his own hands appoint. The parties hereto s
given their consent to the Arbitrator to mak
period referred to hereinabove and shall no
or protest thereto under any circumstances w

c) The arbitrator shall have power to order and

by, observe and perform all such directio
having regard to the matters in differen
arbitrator shall have all summary powers an
/ or documentary, as the arbitrator in his ab
be entitled to exercise all powers under th
admission of any affidavit as evidence conc
dispute before him.

d) The parties against whom the arbitration proc

to say, the Respondents in the proceedings,
claim, counter-claim or set off before the Ar
issue arising out of or in relation to the Ag
reference of arbitration to the Managing Dir
or set off before the Arbitrator shall be ent
same as if the matters arising therefrom has
deemed to form part of the reference made b

e) The arbitrator shall be at liberty to appoin

engineering or other technical person to assis
taken.

f) The arbitrator shall have power to make one

otherwise in respect of the dispute and di
entitled to make separate awards in respect
parties.

d) The arbitrator shall be entitled to direct any o

the other party in such manner and to such
discretion determine and shall also be entitled
deposit funds in such proportion to meet the ar
upon to do so.

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h) The parties hereby agree that the courts in the

jurisdiction to entertain any application or
anything arising under this agreement and any
Arbitrator hereunder shall be filed in the conc
only”.
11. Clause no. 111.0) Jurisdiction The Clause is modified to the extent as mentioned belo
All disputes, actions and proceedings arising out
jurisdictions of the courts in the city of Golaghat

12. Annexure 2,3,4&6 Proforma for The Annexures are modified to the extent as mentioned
Bank Guarantee The addressee of the Bank Guarantee shall be

Numaligarh Refinery Limited,

Numaligarh Refinery Complex,
Dist. : Golaghat,
Assam,
Pin – 785 699
The address of the Registered Office of Numa
as follows :

Numaligarh Refinery Limited,

147, Udayan, RG Baruah Road
Guwahati – 781 005

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