GCC PMC Contracting 2022 03112022

NBCC (INDIA) LIMITED
(A Government of India Enterprise)
GENERAL CONDITIONS
OF CONTRACT - 2022 www.nbccindia.com
PMC Works
YOUTUBE: NBCC(India)Limited
TWITTER : twitter.com/OfficialNBCC Driving Sustainable Development
FACEBOOK : www.facebook.com/OfficialNBCC - Make a Difference
NBCC Bhawan, Lodhi Road, New Delhi-110003
CIN-L74899DL1960GOI003335
www.nbccindia.com
GENERAL CONDITIONS
OF CONTRACT - 2022
PMC Works
INDEX
VOLUME – I
CLAUSE DESCRIPTION PAGE NO.
NO.
SECTION – 1
Notice Inviting Tender 1– 8
MEMORANDUM (Annexure – I) 9– 10
SECTION – 2
Instructions to Tenderer (ITT) 11– 17
Physical Milestone (Annexure I-A) 18

Acceptance of Tender Conditions (Annexure – II) 19
Integrity Pact (Annexure – III) 20– 26
Forms (A to J) 27–36
SECTION - 3 CLAUSES OF CONTRACT
1.0 Definitions 37-39
2.0 Performance Guarantee 39
3.0 Security Deposit/ Retention Money 39
4.0 Mobilization Advance 40
5.0 Secured Advance Against Non-Perishable Materials 41
6.0 Deviations / Variations Extent and Pricing 42
7.0 Escalation 44
8.0 Compensation for Delay 44
9.0 Action in Case Work Not Done As Per Specifications 45
10.0 Action in Case of Bad Work 46
11.0 Cancellation/Determination of Contract in Full or Part 46
12.0 Contractor Liable to Pay Compensation Even if Action Not 48

Taken Under Clause 11.0
Signature of Tenderer Signature of NBCC

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13.0 Carrying Out Part Work at Risk & Cost of Contractor 49
14.0 Suspension of Works 50
15.0 Termination of Contract on Death of Contractor 50
16.0 Time Essence of Contract & Extension for Delay 50
17.0 Time Schedule & Progress 52
18.0 Taxes and Duties 53
19.0 Service Tax (Deleted) 53
20.0 Income Tax Deduction (TDS) 54
21.0 Royalty on Materials 54
22.0 Insurance of Works etc. 54
23.0 Payments 56
24.0 Measurements of Works 57
25.0 Computerised Measurement Books 58
26.0 Withholding and Lien in Respect of Sums Due from Contractor 59
27.0 Work to be Executed in Accordance with Specifications, 60

Drawings, and Orders etc.
28.0 Materials to be Provided by the Contractor 61
29.0 Materials and Samples 61
30.0 Materials Procured with the Assistance of NBCC 62
31.0 Contractor to Supply Tools & Plants 63
32.0 Mobilization of Men, Materials and Machinery 63
33.0 Quality Assurance Programme 65
34.0 Contract Coordination Procedures, Coordination Meetings and 65

Progress Reporting
35.0 Completion Certificate and Completion Plans 66
Signature of Tenderer Signature of NBCC www.nbccidia.com

36.0 Prohibition of Unauthorised Construction & Occupation 67
37.0 Foreclosure of Contract by NBCC / Owner 67
38.0 Defects Liability Period 67
39.0 Subletting / Sub-Contracting 67
40.0 Force Majeure 68
41.0 No Compensation Clause 69
42.0 Direction for Works 69
43.0 Work in Monsoon and Rain 69
44.0 Work on Sundays, Holidays and During Night 69
45.0 Water and Electricity 69
46.0 Land for Labour Huts/ Site Office and Storage Accommodation 69
47.0 Watch, Ward and Lighting of Work Place 70
48.0 Cement and Cement Go-down 70
49.0 Steel & Steel Stockyard 70
50.0 Bitumen Work 70
51.0 Schedule of Quantities / Bill of Quantities 71
52.0 Water Proof Treatment 71
53.0 Indian Standards 72
54.0 Centering & Shuttering 72
55.0 Records of Consumption of Cement & Steel 73
56.0 Tests and Inspection 73
57.0 Works to be Open to Inspection 73
58.0 Borrow Areas 74
59.0 Care of Works 74
60.0 Co-Ordination with Other Agencies 74

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61.0 Setting Out of the Works 74
62.0 Notice Before Covering Up the Work 74
63.0 Site Clearance 74
64.0 Set-Off of Contractor’s Liabilities 75
65.0 Possession Prior to Completion 75
66.0 Employment of Personnel 75
67.0 Technical Staff for Work 75
68.0 Valuable Articles Found at Site 76
69.0 Materials Obtained from Dismantlement to be Owner’s Property 76
70.0 Furnished Office Accommodation & Mobility Communication to 76

be Arranged by Contractor
71.0 Utilisation of Work Force of NBCC by the Contractor 77
72.0 Providing Plantation of Trees at Project Site and Maintenance of 78

the Same upto Defect Liability Period
73.0 Labour Laws 78
74.0 Labour Cess 84
75.0 Recovery of Compensation Paid to Workmen 85
76.0 Ensuring Payment and Amenities to Workers if Contractor Fails 85
77.0 Change in Firm’s Constitution to be Intimated 86
78.0 Indemnity against Patent Rights 86
79.0 Law Covering the Contract 86
80.0 Laws, Bye-Laws Relating to the Work 86
81.0 Contract Agreement 87
82.0 Manner of Execution of Agreement 87
83.0 Jurisdiction 87
84.0 Third Party Safety Audit 87
Signature of Tenderer Signature of NBCC www.nbccidia.com

SECTION - 4
Labour Safety Provisions 90 - 94
Model Rules for the Protection of Health and Sanitary 95 - 100

Arrangements for Workers
Contractor’s Labour Regulations 101- 105
Appendix A to L 106-118
SECTION - 5
FORMS AND FORMATS 119 – 147

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SECTION-1
NOTICE INVITING TENDER

(PAGE No. 1 to 10)
NBCC (India) Limited
(A Govt. of India Enterprise)
………………………………………………..
Tel & fax: -…………………………..
Date: …………………………..
NOTICE INVITING e-TENDER (NIT)
1.0 NBCC invites online percentage rate /item rate open tenders from experienced
and eligible Contractors for ………………………… (Name of Work) for ……………………..
(Name of Client/Owner) at ………………… (Location) and as per schedule as
under:
1.1 Tendering Document No.
1.2 Name of the Work
1.3 Brief Scope of Work
1.4 Estimated Cost
1.5 Period of Completion ………… Months
1.6 Earnest Money Deposit Rs…………….. (…..In words…….) only

through online e-payment gateway or in
the form of Bank Guarantee (BG)
Bank Details of NBCC (India) Ltd. for

preparation of Bank Guarantee only:
Name of Beneficiary: NBCC (India) Ltd.
Bank: ____________
Current A/C No.: ___
IFSC Code: _________.
1.7 Non-refundable cost of Tender Rs. ----------------- + GST@ X%*through

document online e-payment gateway only. (*X%
shall be 18% or as prevailing on the
date of NIT.)
1.8 Non-refundable cost of e-Tender Rs…………… (…..In Words……) through e-
processing fee payment gateway to M/S Railtel Ltd.
1.9 Last date & time of submission Up to ……………….. by 11.00AM (IST)

of Online Tender
1.10 Period during which hard copy in Up to 11.00AM on or before the date of
original of Bank Guarantee opening of Technical Bid
against EMD (if submitted in
form of BG), Letter of
unconditional Acceptance of
tender conditions, Affidavit for
Correctness of Documents/
Information and other document
as per NIT (if any) shall be
submitted.
1.11 Date & Time of Opening of ………………. at 11.30 AM
technical Bid
Signature of Tenderer Signature of NBCC 1

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1.12 Pre-Tender Meeting & Venue At ____ AM at …………………………<venue>
1.13 Date & Time of Opening of To be Intimated Later

Financial Bid
1.14 Validity of offer 150 days from the date of opening of

tender.
The tender document can be downloaded from website

https://nbcc.enivida.com and www.eprocure.gov.in “Corrigendum, if any,
would appear only on the website and not to be published in any News
Paper”.
2.0 Minimum Eligibility Criteria:

The interested bidders should meet the following minimum qualifying criteria:
A. Work Experience:
i) Experience of having successfully completed similar works during the

last 7 years ending initial stipulated last date of submission of tenders as
per NIT:
a. Three similar works each costing not less than 40% of the estimated
cost put to tender
OR
b. Two similar works each costing not less than 50% of the estimated cost
put to tender
OR
c. One similar work costing not less than 80% of the estimated cost put to
tender.
“Similar works” shall mean “Residential/Non-Residential Building works

of any no. of storeys”.
ii) The past experience in similar nature of work should be supported by

certificates issued by the client’s organisation. In case the work experience
is of Private sector the completion certificate shall be supported with copies
of Letter of Award and copies of Corresponding TDS Certificates. Value of
work will be considered equivalent to the amount received as per the TDS
Certificates.
iii) (a) The value of executed works, for the purpose of this clause shall also
include the value of any materials (such as cement, steel, etc.),
services (scaffolding, batching-plant, other machinery, etc.), which
have been supplied by client/employer free of cost/ on discounted price
to the contractor, and which have not been already included in the
‘value of works executed’ that is reflected/declared on the relevant
‘experience certificate’ or ‘Letter of Award’. Such exclusion shall be
specifically mentioned on the Letter of Award, “Experience Certificate’
and the ‘value of free supplies’ shall be separately certified by the
employer, or in cases where the employer is a private entity, by a
practicing cost/chartered accountant (holding valid certificate of
practice), However work executed as labour contract shall not be
considered.
2 Signature of Tenderer Signature of NBCC www.nbccidia.com

(b) The value of executed works shall be brought to the current level by
enhancing the actual value of work done at a simple rate of 7% per
annum, calculated from the date of completion to previous day of initial
stipulated last date of submission of tenders as per NIT.
iv) Joint-venture / consortia of firms / companies and Foreign bidders are not
eligible to quote for the Tender.
(v) The bidders submitting experience certificate for the works done in joint
venture (JV)/consortium with other firms/companies, their proportionate
experience to the extent of its share in the JV/consortium or work done by
them shall only be allowed on submitting the valid proof of their share/ work
done.
vi) Certificates in the name of other Companies:

a) Certificates of Subsidiary/Parent/Group Company/Own works:
Any company/firm while submitting tender can use the work experience
of its subsidiary company to the extent of its ownership in the subsidiary
company. On the other-hand, the companies/firms which intend to get
qualified on the basis of experience of the parental company/group
company/Own works shall not be considered. Further, the financial
parameters of the subsidiary or Parental Company cannot be
used by the other one for qualification.
b) Merger/ Acquisition of Companies: In case of a Company/firm,
formed after merger and/ or acquisition of other companies/firms, past
work experience and Financial parameters like turnover, profitability,
net worth etc. of the merged/ acquired companies/firms will be
considered for qualification of such Company/firm provided such
Company/firm continues to own the requisite assets and resources of
the merged/ acquired companies/firms.
vii) Foreign Certificate:

(a) In case the work experience is for the work executed outside India, the
bidders have to submit the completion/experience certificate issued by
the owner duly signed & stamped and affidavit to the correctness of the
completion /experience certificates. The contractor shall also get the
completion/experience certificates attested by the Indian
Embassy/Consulate/High Commission in the respective country.
In the event of submission of completion /experience certificate/ other

documents by the Bidder in a language other than English, the English
translation of the same shall be duly authenticated by Chamber of
Commerce of the respective country and attested by the Indian
Embassy/consulate / High Commission in the respective country.
Note:
Provided further that bidders from member countries to the HAGUE
convention, 1961 are permitted to submit requisite documents with
“Apostille stamp” affixed by Competent Authorities designated by the
government of respective country which would be acceptable in lieu of
attestation from the Indian Embassy/ Consulate/ High Commission in
their respective countries.
(b) For the purpose of evaluation of Bidders, the conversion rate of such a
currency into INR shall be the daily representative exchange rate
published by the IMF as on 7 (Seven) days prior to the Last Date of
Submission of tender including extension(s) given if any.

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B. Financial Strength:
i) The Average annual Audited financial turnover for last 3 years shall be
at least 40% of the estimated cost put to tender. The requisite Turn
Over shall be duly certified by a Chartered Accountant with his Seal/
signatures and registration number.
In case of Companies/Firms less than 3 years old, the Average annual
financial turnover shall be worked out for the available period only.
ii) Net Worth of the company /firm as on last day of preceding Financial
Year, should be positive.
iii) Self certified copy of Bank Solvency Certificate issued from
Nationalised or any Schedule Bank should be one in number for at least
40% of Estimated Cost of the Project put to tender. The certificate
should have been issued within 6 months from original last date of the
submission of the tender.
Note: Bank Solvency Certificate is not required if estimated cost put to
tender is up to Rs.25 Crore.
iv) The Bidder should at least have earned profit in minimum one year in
the available last three consecutive balance sheets.
The bidders are required to upload and submit page of summarised Balance
Sheet (Audited) and also page of summarised Profit & Loss Account (Audited)
for last three years.
3.0 The intending tenderer must read the terms and conditions of NBCC carefully.
He should only submit his tender if he considers himself eligible and he is in
possession of all the documents required. Information and Instructions for
Tenderers posted on Website(s) shall form part of Tender Document.
4.0 Those intending tenderers/contractors not registered on the website

https://nbcc.enivida.com mentioned above with M/s RailTel are required to
get registered beforehand. If needed they can be imparted training on online
tendering process as per details available on the website i.e.
https://nbcc.enivida.com.The intending tenderer must have class-III digital
signature to submit the tender.
5.0 The Tender Document as uploaded can be viewed and downloaded free of
cost by anyone including intending tenderer. But the tender can only be
submitted on the e-tender website after having digital signature by the bidder
and after uploading all the requisite scanned documents.
6.0 Set of Contract/Tender Documents:
The following documents will constitute set of tender documents:
a) Notice Inviting e-Tender

b) Quoting Sheet for Tenderer
c) Instructions to Tenderers & General Conditions of Contract (Page to )
d) Technical Specifications
e) Bill of Quantities
f) List of approved makes of materials
g) Tender Drawings (Page to )

h) Memorandum Annexure-I
i) Acceptance of Tender Conditions (Annexure-II)
j) Integrity pact (Annexure-III)(To be signed and stamped by the contractors

and scanned copy to be uploaded with the bid)
k) Addendum/Corrigendum, if any- Duly signed by authorized person
l) Special Conditions of Contract
m) Pre-bid clarifications, if any
7.0 The tenderers are required to quote strictly as per terms and conditions,
specifications, standards given in the tender documents and not to stipulate
any deviations.
8.0 The bidders are advised in their own interest to submit their bid documents
well in advance from last date/time of submission of bids so as to avoid
problems which the bidders may face in submission at last moment /during
rush hours.
However, after submission of the tender the tenderer can re-submit revised
tender any number of times but before last time and date of submission of
tender as notified.
9.0 When it is desired by NBCC to submit revised financial tender then it shall be
mandatory to submit revised financial tender. If not submitted then the
tender submitted earlier shall become invalid.
10.0 On opening date, the tenderer can login and see the tender opening process.
11.0 Contractor can upload documents in the form of JPG format and PDF format.
12.0 Contractor is required to upload scanned copies of all the documents including
valid GST registration/EPF registration, PAN No. as stipulated in the tender
document.
13.0 If the contractor is found ineligible after opening of tenders, or his tender is
found invalid, cost of tender document and processing fee shall not be
refunded.
14.0 Notwithstanding anything stated above, NBCC reserves the right to assess the
capabilities and capacity of the tenderer to perform the contract, in the overall
interest of NBCC. In case, tenderer’s capabilities and capacities are not found
satisfactory, NBCC reserves the right to reject the tender.
15.0 Certificate of Financial Turn Over:

At the time of submission of tender, the tenderer shall upload
Affidavit/Certificate from Chartered Accountant mentioning Audited Financial
Turnover of last 3 years or for the period as specified in the tender document.
There is no need to upload entire voluminous balance sheet. However, one
page of summarised balance sheet (Audited) and one page of summarised
Profit & Loss Account (Audited) for last 03 years shall be uploaded and
submitted in hard copy also.
16.0 In case of Percentage Rate Tender, Contractor must ensure to quote single
percentage rate. The column meant for quoting rate in figures appears in pink
colour and the moment rate is entered, it turns sky blue. The Rate shall be
Quoted upto 2 Decimals.

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In case of Item Rate Tender, price shall be entered against each item in the Bill
of Quantities / Schedule of Quantities.
If the tenderer has not quoted for all the items/the entire requirement as
specified in the respective schedule/ BOQ, the bid submitted by him shall be
treated as unresponsive and be ignored.
17.0 The tenderer(s) if required, may submit queries, if any, through E-mail and in
writing to the tender inviting authority to seek clarifications within 7 days from
the date of uploading of Tender on website but latest by so as to reach NBCC
office not less than 2 days prior to the date of Pre-bid meeting (if to be held as
per NIT). NBCC will reply only those queries which are essentially required for
submission of bids. NBCC will not reply the queries which are not considered fit
like replies of which can be implied /found in the NIT/ Tender Documents or
which are not relevant or in contravention to NIT/Tender Documents, queries
received after 7 days from the date of uploading of Tender on website, request
for extension of time for opening of technical bids, etc. Technical Bids are to be
opened on the scheduled dates. Requests for Extension of opening of Technical
Bids will not be entertained.
The Pre-Bid meeting shall be attended by the intending bidders only and not by
vendors/manufacturers. Further, the intending bidders should depute their
authorized person with authorization letter in original to attend the pre-bid
meeting.
18.0 Integrity Pact (For all contracts valuing Rs.5.00 Crores and above)
18.1 Integrity Pact duly signed by the tenderer shall be submitted. Any tender
without uploading pre-signed integrity Pact shall be liable for rejection.
18.2 Independent External Monitors
(i) In respect of this project, the Independent External Monitors (IEMs)

would be monitoring the bidding process and execution of contract to
oversee implementation and effectiveness of the Integrity Pact Program.
(ii) The Independent External Monitor(s) (IEMs) have been appointed by

NBCC in terms of Integrity Pact (IP)-Section 6, which forms part of the
tenders /Contracts. The contact details of the Independent External
Monitor (s) are posted on the NBCC’s website i.e. www.nbccindia.com.
(iii) This panel is authorized to examine / consider all references made to it

under this tender in terms of Integrity Pact. The Independent External
Monitors (IEMs) shall review independently, the cases referred to them to
assess whether and to what extent the parties concerned comply with the
obligations under the Integrity Pact entered into between NBCC and
Contractor.
(iv) The Independent External Monitors (IEMs) has the right to access without
restriction to all Project documentations of the Employer including that
provided by the Contractor. The Contractor will also grant the Monitor,
upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his Project Documentations. The same is
applicable to Subcontractors. The Monitor is under contractual obligation
to treat the information and documents of the Bidder / Contractor / Sub-
Contractors etc. with confidentiality.

19.0 List of Documents to be scanned and uploaded on the e-tender website
within the period of tender submission:
a) Bank Guarantee of Nationalized or any Scheduled Commercial Bank

against EMD as per NIT (if EMD is submitted in form of BG.
b) Form-H -Affidavit duly notarized by Notary Public on Non-Judicial Stamp

Paper of Rs. 100 for correctness of Documents /Information.
c) Unconditional Letter of Acceptance of Tender Conditions (in original)
(Annexure-II) (On Letter Head of the Applicant/ Bidder).
d) Integrity pact duly signed by the contractor (Annexure-III) (for all
contracts valuing Rs.5.00 Crores & above).The bidders are required to
download the Integrity Pact as uploaded in the tender documents, and sign
on the same, put rubber stamp/seal and upload the signed copy on e-
tendering websites.
e) Details of Similar Work Experience Certificates - FORM-A.
f) Details of Similar Works executed as part of JV/Consortium, and claimed in
bid (if any) - FORM-B.
g) Financial Details- FORM-C.
h) TDS details for Private Sector Projects - FORM-D.
i) Self-certified copy of Bank Solvency Certificate- FORM-E.
j) Documents regarding Net Worth of the Company Firm.
k) Memorandum Annexure-I.
l) Power of Attorney/ Board Resolution of the person authorised for
signing/submitting the tender.
m) E-payment Transaction details towards cost of processing fees.
n) Valid GST registration/ EPF registration/ PAN NO.
o) All pages of the entire Corrigendum (if any) duly signed by the authorized
person.
p) Pre-bid clarifications, if any.
q) General Information – Form-F
r) Work Experience Certificates consisting of details as mentioned in Form-G
s) Registration Details of the contractor in the GST Act– Form-I
t) Performa for Details of Client Organization in respect of Work Experience
Certificates. – (Form – J)
NOTE:
1. The documents at sl. No. a, b and c (i.e. Bank Guarantee against EMD
(if submitted in form of BG), Unconditional letter of acceptance duly
signed on letter head, Notarized Affidavit for correctness of
document/information) are required to be submitted in original in hard
copy also within the period of tender submission. All other documents
are not required to be submitted in hard copy.
2. In case of non-submission of EMD of the requisite amount and/or Bank
Guarantee in the physical form, the bid shall be rejected summarily
without seeking any further clarification.
3. Unconditional letter of acceptance duly signed on letter head,
Notarized Affidavit for correctness of document/information are
mandatory documents and are need to be checked carefully for its
correctness before submission of tender. The bid shall be rejected

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outrighty in case of its non-submission without seeking any further
clarification/document. No claim of the bidder whatsoever shall be
entertained by NBCC in this regard.
4. The bidders are advised to upload complete details with their bids as
Technical Bid Evaluation will be done on the basis of documents
uploaded on the website by the bidders with the bids. Please note no
fresh document other than in the form of clarification/revision in
respect of an already submitted document shall be accepted after last
date of submission of bids.
5. The information should be submitted in the prescribed proforma. Bids
with Incomplete /Ambiguous information are liable to be rejected.
6. All the uploaded documents should be in readable, printable and legible
form failing which the Bids are liable for rejection.
7. The Bank Guarantee for EMD submitted by the bidders shall be strictly
in the format prescribed in GCC/NIT. In case, Bank Guarantee for
EMD is not found verbatim in the prescribed format, the bid will be
liable for rejection.
20.0 All the uploaded documents shall be considered as duly signed by contractor/
authorized representative.
21.0 NBCC reserves the right to reject any or all tenders or cancel/withdraw the
invitation for bid without assigning any reasons whatsoever thereof. NBCC does
not bind itself to accept lowest tender. The NBCC reserves the right to award
the work to a single party or to split the work amongst two or more parties as
deemed necessary without assigning any reason thereof. The contractor is
bound to accept the portion of work as offered by NBCC after split up at the
quoted/ negotiated rates. No claim of the contractor whatsoever shall be
entertained by NBCC on this account.
22.0 For all scheduled BOQ items, the nomenclature/rates/unit of applicable DSR
items shall be applicable. In case, any ambiguity is observed in scheduled BOQ
items, nomenclature, unit and rate of relevant DSR item will hold good.
23.0 Canvassing in connection with the tender is strictly prohibited, and such
canvassed tenders submitted by the contractor will be liable to be rejected and
his earnest money shall be absolutely forfeited.
24.0 In case of any query, please contact Shri ……………………………. Ph. No.
011- …………/……………… during Office hours.
(……………)
………………………………………….

Annexure-I
MEMORANDUM
Sl. Description Cl. No. of Values/Description to be
No. NIT/ITT/ Applicable for Relevant Clause(s)
Clauses of
Contract
(CC)
1) Name of Work
2) Client/Owner
3) Type of Tender Percentage rate / Item Rate tender
4) Earnest Money Deposit NIT Rs……….. Lacs (Rupees …………. only)
5) Estimated Cost NIT Rs…………… Lacs (Rupees …………. Only)
6) Time allowed for NIT …….. Month (……….. Month)

Completion of Work
7) Mobilization Advance CC / 4.0 Applicable/ Not Applicable on this
contract (strike-off what is not applicable)
Percentage Mobilization advance
Payable: ………………….
8) Interest Rate of CC / 4.0, Simple Interest Rate @10% (Ten
Mobilization and/or 5.1, Percent only) (Per Annum)
other Advances 23.4.2
9) Schedule of Rates Civil Works : ………
applicable Sanitary Works : ………
Electrical Works : ………
10) Validity of Tender ITT / 8.0 150 (One Hundred Fifty) Days from
date of opening of tender
11) Performance Guarantee CC / 2.0 3.00 % (Three Percent Only) of

contract value within 15 days from the
issue of Letter of Award
12) Security Deposit / CC / 3.0 5% (Five Percent Only) of the gross
Retention Money value of each running/final bill.
13) Time allowed for ITT / 17.1 The date of start of contract shall be
starting the work reckoned from 10 days after the date
of issue of letter of Award.
14) Deviation limit beyond CC / 6.0 BUILDING ANNUAL REPAIR ROAD

which clause 6.2 & 6.3 WORK & MAINTENANCE WORK
OF BUILDINGS
shall apply for all works 30% 50% 50%
except foundation. Note:-The Deviation Limit of Building Work shall
also apply for combined works(Building and
Road)
15) Deviation limit beyond CC / 6.0 BUILDING ANNUAL REPAIR ROAD

which clause 6.2 & 6.3 WORK & MAINTENANCE WORK
OF BUILDINGS
shall apply for 100% NOT APPLICABLE NOT
foundation work APPLICABLE
Note:-The Deviation Limit of Building Work
shall also apply for combined works (Building
and Road)

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16) Escalation CC / 7.0 All rates as per Bill of Quantities
(BOQ) quoted by contractor shall be
firm and fixed for entire contract
period as well as extended period for
completion of the works. No
escalation shall be applicable on this
contract
17) Recovery rate of work CC /71 Rs.40000/- per person per month
force supplied by NBCC (Rupees Forty thousand per person
to Contractor per month only) plus GST @ 18% or
as per prevailing rate on the date of
recovery.
18) Defect Liability Period CC /38.0 Twenty Four months from the date of
taking over of the works by the NBCC
or client whichever is later.
19) Bank Guarantee for CC/52.0 Rs………….(……………………….<in words>)

waterproofing work and (to be submitted before release of
anti-termite treatment security deposit)
20) Utilization of products CC/53.1 ………………… MT as per IS 383:2016
from recycled C&D
waste, as per C&D
Waste Management
Rules, 2016
21) GST Rate applicable in CC/18.0 ……….%
this contract

SECTION-2
INSTRUCTIONS TO TENDERER
(PAGE No. 11 to 36)
Instructions to Tenderers (ITT)
1.0 Online percentage rate /item rate open tenders are invited from
experienced and eligible Contractors for ………………………… (Name of
Work)” for …………………….. (Name of Client/Owner) at …………………
(Location)
2.0 The work is estimated to cost Rs. …………… Lacs. This estimate, however,
is given merely as a rough guide.
3.0 The tender document as uploaded can be seen on website
www.tenderwizard.com/NBCC or www.eprocure.gov.in and can be
downloaded free of cost.
4.0 Earnest Money Deposit

Earnest Money Deposit of amount as mentioned in “NIT/ Memorandum
(Annexure-I)” required to be submitted along with the tender shall be
paid either through online e-payment gateway or in the form of Bank
Guarantee from any Nationalised or Scheduled Commercial Bank
payable at place as mentioned in NIT in favour of NBCC (India) Limited
as per the enclosed format. The Bank Guarantee against EMD (if
submitted) shall be valid for minimum period of 180 (One Hundred
Eighty) days from the original last day of submission of Tender. The
Bank Guarantee against EMD (if submitted) shall be scanned and
uploaded to the e-Tendering website within the period of tender
submission and original should be deposited in office of NBCC.
The EMD shall be payable to NBCC (India) Limited without any

condition(s), recourse or reservations.
(i) The Bid will be rejected by NBCC as non-responsive and shall not be
considered in case EMD is not received of the requisite amount
and/or Bank Guarantee (if opted) in the physical form.
(ii) The EMD of unsuccessful bidders in technical evaluation shall be

returned within 30 days of declaration of technical evaluation
results. Further, the EMD of bidders other than L1 will be returned
within 15 days, after opening of Financial Bid.
(iii) The EMD of the successful bidder will be discharged after the
contractor has furnished the required acceptable performance
guarantee.
(iv) No interest shall be paid by NBCC on the EMD.
(v) The EMD may be forfeited:
a) if the bidder withdraws the bid after bid opening during the period
of validity;
b) Any unilateral revision in the offer made by the tenderer during

the validity of the offer.
c) If the Contractor hides/withholds (or does not disclose) any

material information.
d) Upon non acceptance of LOI/LOA, if and when placed.

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ARCHITECTURAL & ENGINEERING
e) In the case of a successful bidder; if the bidder fails to Sign the
Agreement with in the 30 days from the date of issue of LOA or
furnish the required performance security or fail to commence the
work within the stipulated time period prescribed in the contract.
f) If any bidder furnishes any incorrect or false statement/

information/document.
g) If the bidder does not intimate the names of persons who are
working with him in any capacity or are subsequently employed
by him who are near relatives to any officers of NBCC and/or
name of bidder’s near relative who is posted in the project
office/concerned Zonal/SBG/ /RBG office of NBCC.
h) If bidder commits any breach of Integrity Pact.

5.0 Interested contractor who wish to participate in the tender has also to
make following payments within the period of tender submission:
[A]. Cost of Tender Document – As per NIT through online e-payment

gateway.
[B]. e-Tender Processing Fee – As per NIT through e-payment only.
[C]. EMD – As per NIT through online e-payment or in the form of

Bank Guarantee(BG)
Following shall be placed in single sealed envelope superscripted as
“Mandatory Tender Documents” with “name of work” “Name of tenderer
& his address’’ and “due date of opening of the technical-bid” also
mentioned thereon
(i) Bank Guarantee of any Nationalised or Scheduled Commercial Bank

against EMD (if submitted in form of BG).
(ii) Affidavit for correctness of Documents /Information (In original). –
FORM ‘H’
(iii) Letter of Unconditional Acceptance of Tender Conditions (in original)
(Annexure-II) (On Letter Head of the Applicant/ Bidder).
6.0 The documents are to be submitted in the office of NBCC before last
date & time of submission of tender mentioned in the NIT.
The documents submitted shall be opened as per the time/date
mentioned in the NIT.
Online technical tender documents submitted by intending tenderers
shall be opened only of those tenderers, whose Earnest Money Deposit
(if submitted in form of Bank Guarantee) and other documents placed in
the envelope are found in order. The Price tender of those tenderers
whose documents found to be in order shall be opened. The date of
opening of price tender shall be informed to the tenderer.
7.0 The tender submitted shall become invalid if:

i) The tenderer is found ineligible.
ii) The tenderer does not upload all the documents as stipulated in the
tender document.

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iii) If any discrepancy is noticed between the documents as uploaded at
the time of submission of tender and hard copies as submitted
physically in the office of tender opening authority.
8.0 VALIDITY OF TENDER

The tender for the works shall remain open for acceptance for a period
of 150 (One Hundred Fifty) days from the date of opening of tender. If
any tenderer withdraws his tender before the said period or issue of
letter of acceptance, whichever is earlier, or makes any modifications in
the terms and conditions of the tender which are not acceptable to the
NBCC, then the NBCC shall, without prejudice to any other right or
remedy, be at liberty to forfeit the said earnest money as aforesaid.
Further the tenderers shall not be allowed to participate in the
retendering process of work.
9.0 ACCEPTANCE OF TENDER

NBCC reserves the right to reject any or all the tenders in part or full
without assigning any reason whatsoever. NBCC does not bind itself to
accept the lowest tender. The NBCC reserves the right to award the
work to a single party or split the work amongst two or more parties as
deemed necessary without assigning any reason thereof. The Contractor
is bound to accept the part work as offered by NBCC after split up at the
quoted/negotiated rates.
10.0 The tenders shall be strictly as per the conditions of contract. Tenders
with any additional condition(s)/modifications shall be rejected. Tenders
in which, any of the prescribed conditions are not fulfilled or found
incomplete in any respect are liable to be rejected.
11.0 The witnesses to the Tender/Contract Agreement shall be other than the
tenderer/ tenderers competing for this work and must indicate full
name, address, and status/occupation with dated signatures.
12.0 On acceptance of tender, the name of the accredited representative(s)

of the contractor who would be responsible for taking instructions from
Engineer-in-Charge or its authorized representative shall be intimated
by the contractor within 07 days of issue date of letter of Awards by
NBCC.
13.0 The tenderer shall not be permitted to tender for works if his near
relative is posted in the project office or concerned Zonal Office of the
NBCC. The contractor shall also intimate the names of persons who are
working with him in any capacity or are subsequently employed by him
and who are near relatives to any of the officers in NBCC. Any breach of
this condition by the tenderer would render him liable to the withdrawal
of the work awarded to him and forfeiture of Earnest Money and
Security Deposit. This may also debar the contractor from tendering for
future works under NBCC.
For the purpose of operation of this clause a near relative shall mean
wife, husband, parents, grandparents, children, grandchildren, brothers,
sisters, uncles, aunts, cousins and their corresponding in-laws.
14.0 The time of completion of the entire work, as contained in contract shall
be as mentioned in “Memorandum - Annexure-I”, which shall be
reckoned from the date of start.
15.0 Canvassing whether directly or indirectly, in connection with tenderers is

strictly prohibited and the tenders submitted by the contractors who
resort to canvassing will be liable for rejection.

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16.0 The tender award, execution and completion of work shall be governed
by tender documents consisting of (but not limited to) Letter of
Award/Letter of work order, Bill of Quantities, Special Conditions of
Contract, General Conditions of Contract, Specifications, Drawings. The
tenderers shall be deemed to have gone through the various conditions
including sub-soil water conditions, topography of the land, drainage
and accessibility etc. or any other condition which in the opinion of
contractor will affect his price/rates before quoting their rates. No claim
whatsoever against the foregoing shall be entertained.
17.0 The drawings with the tender documents are Tender Drawing and are
indicative only.
18.0 ADDENDA/ CORRIGENDA
Addenda/Corrigenda to the tender documents may be issued prior to the
date of submission of the tender to clarify or effect modification in
specification and/or contract terms included in various tender
documents. The tenderer shall suitably take into consideration such
Addenda/Corrigenda while submitting his tender. The tenderer shall
return such Addenda/ Corrigenda duly signed and stamped as
confirmation of its receipt & acceptance and submit along with the
tender document. All addenda/ Corrigenda shall be signed and stamped
on each page by the tenderer and shall become part of the tender and
contract documents.
19.0 SITE VISIT AND COLLECTING LOCAL INFORMATION
Before tendering, the tenderers are advised to visit the site, its
surroundings to assess and satisfy themselves about the local conditions
such as the working and other constraints at site, approach roads to the
site, availability of water & power supply, application of taxes, duties
and levies as applicable & any other relevant information required by
them to execute complete scope of work. The tenderer may obtain all
necessary information as to risks, weather conditions, contingencies &
other circumstances (insurgencies etc.) which may influence or affect
their tender prices. Tenderer shall be deemed to have considered site
conditions whether he has inspected it or not and to have satisfied
himself in all respect before quoting his rates and no claim or extra
charges whatsoever in this regard shall be entertained / payable by the
NBCC at a later date.
20.0 ACCESS BY ROAD
Contractor, if necessary, shall build temporary access roads to the
actual site of construction for the works at his own cost to make the site
accessible. The Contractor shall maintain the same in motorable
condition at all the times as directed by Engineer-in-Charge at his own
cost. The contractor shall be required to permit the use of any roads so
constructed by him for vehicles of NBCC or any other agencies/
contractors who may be engaged on the project site, free of cost.
Non-availability of access roads or approach to site, for the use of the

contractor shall in no case condone any delay in the execution of work
nor be the cause for any claim for compensation.
21.0 HANDING OVER & CLEARING OF SITE
21.1 The Contractor should note that area for construction may be
made available in phases as per availability and in conjunction with
pace of actual progress of work at site. The work may be required
to be carried out in constrained situations. The work is to be
carried out in such a way that the traffic, people movement, if any,
is kept operative and nothing extra shall be payable to the

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contractor due to this phasing / sequencing of the work. The
contractor is required to arrange the resources to complete the
entire project within total stipulated time. Traffic diversion, if
required, is to be done and maintained as per requirement of local
traffic police or/and as per specification, by the contractor at his
own cost and the contractor shall not be entitled for any extra
payment, whatsoever, in this regard.
21.2 The efforts will be made by the NBCC to handover the site to the
Contractor free of encumbrances. However, in case of any delay in
handing over of the site to the Contractor, the NBCC shall only
consider suitable extension of time for the execution of the work.
It should be clearly understood that the NBCC shall not consider
any revision in contract price or any other compensation
whatsoever viz. towards idleness of Contractor’s labour, equipment
etc.
21.3 Old structures on the proposed site, if required, shall be

demolished by the contractor properly at his own cost unless and
otherwise mentioned elsewhere in the tender document. The
useful material obtained from demolition of structures & services
shall be the property of the owner/NBCC and these materials shall
be stacked in workmanship like at the place specified by the
Engineer-in-charge.
21.4 Necessary arrangement including its maintenance is to be made by

the contractor for temporary diversion of flow of existing drain and
road, as the case may be. The existing drain, road would be
demolished, wherever required, with the progress of work under
the scope of proposed project. The existing Road and Drain which
are not in the alignment of the said project but are affected and/
or need to demolished during execution for smooth progress of the
project, shall be rehabilitated to its original status and condition
(including black topping) by the contractor at his own cost. The
cost to be incurred by contractor in this regards shall be deemed to
be included in the quoted rates of the bill of quantity items and
contractor shall not be entitled for any extra payment whatsoever
in this regard.
21.5 The information about the public utilities (whether over ground or
underground) like electrical/ telephone/ water supply lines, OFC
Cables, open drain etc. is the responsibility of contractor to
ascertain the utilities that are to be affected by the works through
the site investigation.
21.6 The contractor shall be responsible to obtain necessary approval
from the respective authorities for shifting/ re-alignment of
existing public utilities. NBCC shall provide necessary authorisation
to represent the client/NBCC before such authorities and only
assist the contractor for liasioning in obtaining the approval from
the concerned authorities.
21.7 Any services affected by the works must be temporarily supported
by the contractor who must also take all measures reasonably
required by the various bodies to protect their services and
property during the progress of works. It shall be deemed to be
the part of the contract and no extra payment shall be made to the
contractor for the same.

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22.0 SCOPE OF WORK
22.1 The scope of work covered in this tender shall be as per the Bill of
Quantities, specifications, drawings, instructions, orders issued to
the contractor from time to time during the pendency of work.
The drawings for this work, which may be referred for tendering,
provide general idea only about the work to be performed under
the scope of this contract. These may not be the final drawings
and may not indicate the full range of the work under the scope
of this contract. The work will be executed according to the
drawings to be released as “GOOD FOR CONSTRUCTION” from
time to time by the Engineer-in-charge of NBCC and according to
any additions/ modifications/ alterations/ deletions made from
time to time, as required by any other drawings that would be
issued to the contractor progressively during execution of work.
It shall be the responsibility of the contractor to incorporate the
changes that may be in this scope of work, envisaged at the time
of tendering and as actually required to be executed.
22.2 The quantities of various items as entered in the “BILL OF

QUANTITIES” are indicative only and may vary depending upon
the actual requirement. The contractor shall be bound to carry
out and complete the stipulated work irrespective of the variation
in individual items specified in the bill of quantities. The variation
of quantities will be governed as per clause No. 6.0 of contract.
23.0 APPROVAL OF TEMPORARY / ENABLING WORKS

The setting and nature of all offices, huts, access road to the work areas
and all other temporary works as may be required for the proper
execution of the works shall be subject to the approval of the Engineer-
in-charge. All the equipment, labour, material including cement,
reinforcement and the structural steel required for the enabling/
temporary works associated with the entire Contract-shall have to be
arranged by the Contractor only. Nothing extra shall be paid to the
Contractor on this account.
24.0 CLARIFICATION AFTER TENDER SUBMISSION

Tenderer’s attention is drawn to the fact that during the period, the
tenders are under consideration, the tenderers are advised to refrain
from contacting by any means, the NBCC and/or his employees/
representatives on matters related to the tender under consideration
and that if necessary, NBCC will obtain clarifications in writing or as may
be necessary. The tender evaluation and process of award of works is
done by duly authorized Tender Scrutiny Committee and this committee
is authorized to discuss and get clarification from the tenderers.
25.0 ORDER OF PRECEDENCE OF DOCUMENTS

In case of difference, contradiction, discrepancy, with regard to
conditions of contract, Specifications, Drawings, Bill of quantities etc.
forming part of the contract, the following shall prevail in order of
precedence.
i) Letter of Award, along with statement of agreed variations and its
enclosures, if any.
ii) Addendum / corrigendum/ Clarifications (if any)

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iii) NIT/ITT
iv) Special Condition of Contract (‘SCC’)
v) Technical Specifications (General, Additional and Technical
Specification) as given in Tender Documents.
vi) Description of Bill of Quantity / Schedule of Quantities.
vii) General Conditions of Contract.
viii) Drawings
ix) CPWD/ MORTH or local authorities specifications or rates updated
with correction slips issued up to last date of receipt of tenders.
x) Relevant Quality Codes including National Building Code 2016,
B.I.S. Codes, RDSO standards, etc.
xi) Between two or more Clauses of this Contract, the provisions of a
specific Clause relevant to the issue under consideration shall
prevail over those in other clauses;
xii) Between any value written in numerals and that in words, the
latter shall prevail.
26.0 The benefits under the Govt. policies as under shall be available to the
eligible bidders on submitting relevant supporting documents.
1. Public Purchase (Preference to make in India) order 2017 or any
further revision at any later date
2. MSMED Act, 2006 and Public Procurement Policy for MSEs, Order-
2012 or any further revision at any later date - The policy shall be
applicable to Exclusive Service and Supply Contract wherein Supplier
provides goods or services at his own without being procured full or
part of it from the market.
Therefore, the policy shall not be applicable to the following:

a. Service Contracts in the nature of Works Contracts;
b. Service contracts which are in the nature of Composite Supply

(wherein services provided by the bidder is limited and some
of the services/ goods are procured by them from some other
party or wherein they need to associate with other consultants
to complete the work);
c. Traders.
27.0 Bids from Contractor' against whom action to suspend business

dealings has been taken by NBCC or any of its subsidiaries, shall not
be accepted for any future enquiry/ bid/ tender till the expiry of period
of debarment. Bidders may refer to the ‘Guidelines on Suspension of
Business Dealings’ on NBCC’s website.

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Annexure I-A
PHYSICAL MILESTONES
S. Name of Activity/ Completion Amt. (or % of Contract Value) to

No. Item of Work Time/ Date be withheld in case of non-
achievement of milestone within
scheduled time
1.
2.
3.

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Annexure-II
ACCEPTANCE OF TENDER CONDITIONS
From: (To be submitted in ORIGINAL on the letter head of the company by the
authorized officer having power of attorney/ as per Board Resolution)
NBCC (India) Limited,

___________
___________
Sub: Name of the work & NIT No.:
Sir,
i) This has reference to above referred tender. I/We have read/viewed all the terms
& conditions and are pleased to submit our tender for the above work and I/We
hereby unconditionally accept the tender conditions and tender documents in its
entirety for the above work.
ii) I/we are eligible to submit the tender for the subject tender and I/We are in
possession of all the documents required.
iii) Should this tender be accepted, I/We agree to abide by and fulfill all terms and
conditions referred to above and as contained in tender documents elsewhere and
in default thereof, to forfeit and pay NBCC, or its successors or its authorized
nominees such sums of money as are stipulated in the notice inviting tenders and
tender documents.
Yours faithfully,
(Signature of the tenderer with rubber stamp)
Dated _________________

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ANNEXURE-III
INTEGRITY PACT
BETWEEN
NBCC(INDIA) LIMITED (NBCC) hereinafter referred to as “The Principal” (which
expression, unless repugnant to the context thereof, shall mean and include its legal
representatives, heirs and assigns)
AND
………………………………………...hereinafter referred to as “The Bidder/Contractor”

(which expression, unless repugnant to the context thereof, shall mean and include its
legal representatives, heirs and assigns)
Preamble
The Principal intends to award, under laid down organizational procedures, contract(s)
for (Name of the contract)……………(hereinafter referred to as the
‘Project’). The Principal necessarily requires full compliance with all relevant laws of
the land, rules, regulations, economic use of resources and of fairness/ transparency
in its relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External
Monitor (IEM), who will monitor the tender process and the execution of the contract
for compliance with the Integrity Pact by all parties concerned, for all works covered in
the Project.
To meet the purpose aforesaid both the parties have agreed to comply this Integrity
Agreement (hereinafter referred to as "Integrity Pact" or "Pact"), the terms and
conditions of which shall also be read as integral part and parcel of the Tender/Bid
documents and Contract between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the

parties hereby agree as follows and this Pact witnesses as under:
Section 1 – Commitments of the Principal
Obligations on Principal
The Employer is committed to follow the principle of Transparency, Equity and
Competitiveness in Public Procurement.
(1) The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principles: -
a. No employee of the Principal, personally or through family members or through

any other channel, will in connection with the tender for or the execution of a
contract, demand, take a promise for or accept, for self or third person, any
material or immaterial benefit, which the person is not legally entitled to.
b. The Principal will, during the tender process treat all Contractor(s)/Bidder(s) with
equity and reason. The Principal will in particular, before and during the tender
process, provide to all Contractor(s)/Bidder(s) the same information and will not
provide to any Contractor(s)/Bidder(s), confidential/additional information
through which the Contractor(s)/Bidder(s) could obtain an advantage in relation
to the tender process or the contract execution.
c. The Principal will exclude from the process all known prejudiced persons. The
Principal shall obtain bids from only those parties who have been short-listed or

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pre-qualified or through a process of open advertisement/ web publishing or any
combination thereof.
(2) If the Principal obtains information on the conduct of any of its employees,
Contractor(s) and/or Bidder(s), which is a criminal offence under the IPC/PC Act,
or if there be a substantive suspicion in this regard, the Principal will inform the
Chief Vigilance Officer or the principal will take remedial actions as per
department/conduct rules and subject to its discretion, can additionally
initiate disciplinary actions.
(3) The Principal will enter into agreements with identical conditions with all
Contractor(s)/Bidder(s) for the different Work Packages in the aforesaid
Project.
(4) The Principal will disqualify from the tender process all Contractor(s)/Bidder(s)
with estimated cost of work put to tender of Rs 5.0 crores and above, who do not
sign this Pact or violate its provisions.
Section 2 – Commitments of the Bidder(s) / Contractor(s)
Obligations on Bidder/Contractor
To accept and comply with the Integrity Agreement in letter and spirit and further
agree that execution of the said Integrity Agreement shall be separate and
distinct from the main contract, which will come into existence when tender/bid is
finally accepted by Employer. Duration of the Integrity Agreement shall be in the
line with section 8 of the Integrity Agreement.
Bidder/Contractor acknowledge that in the event of breach of the Integrity

Agreement Employer shall have unqualified, absolute and unfettered right to take
action under section 3.
(1) It is required that each Bidder/Contractor (including their respective officers,

employees and sub-contractors) adhere to the highest ethical standards, and
report to the Government / Department all suspected acts of fraud or corruption
or Coercion or Collusion of which it has knowledge or becomes aware, during
the tendering process and throughout the negotiation or award of a contract.
(2) The Bidder(s) / Contractor(s) commit(s) itself/themselves to take all measures

necessary to prevent corruption. He commits himself to observe the following
principles during his participation in the tender process and during the contract
execution.
(a) The Bidder(s) / Contractor(s) will not, directly or through any other person or
firm offer, promise or give to any of the Principal’s employees involved in the
tender process or the execution of the contract any material or other benefit
which he/she is not legally entitled to, in order to obtain in exchange any
advantage, of any kind whatsoever, during the tender process or during the
execution of the contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidders into any
undisclosed agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other actions to
restrict competitiveness or to introduce cartelization in the bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant
IPC/PC Act. Further the Bidder(s)/Contractor(s) will not use improperly, for
purpose of competition or personal gain, or pass on to others, any information

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or document provided by the Principal as part of the business relationship,
regarding plans, technical proposals and business details, including
information contained or transmitted electronically.
(d) The Bidder(s) / Contractor(s) of foreign origin shall disclose the name and
address of the Agents/representatives in India, if any. Similarly the Bidder(s)
/ Contractor(s) of Indian Nationality shall furnish the name and address of
the foreign principals, if any. Either the Indian agent on behalf of the foreign
principal or the foreign principal directly could bid in a tender but not both. It
shall be incumbent on the Indian agent and the foreign principal to Adhere to
the relevant guidelines of Government of India, issued from Time to time
regarding availing services of Indian Agents for foreign Suppliers.
Further details as mentioned in the “Guidelines on Indian Agents of Foreign

Suppliers” shall be disclosed by the Bidder(s) / Contractor(s). Further, as
mentioned in the Guidelines all the payments made to the Indian
agent/representative have to be in Indian Rupees only.
(e) The Bidder(s) / Contractor(s) will, when submitting his bid, disclose any and
all payments he has made, is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the award of the
contract.
(f) The Bidder(s) / Contractor(s) to disclose any transgression with any other
company that may impinge on the anti-corruption principle.
(3) The Bidder(s) / Contractor(s) will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
(4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm
indulge in fraudulent practice means a wilful misrepresentation or omission of
facts or submission of fake/forged documents in order to induce public official to
act in reliance thereof, with the purpose of obtaining unjust advantage by or
causing damage to justified interest of others and/or to influence the procurement
process to the detriment of the Government interests.
(5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm
use Coercive Practices (means the act of obtaining something, compelling an
action or influencing a decision through intimidation, threat or the use of force
directly or indirectly, where potential or actual injury may befall upon a person,
his/ her reputation or property to influence their participation in the tendering
process).
(6) The Bidder(s)/Contractor(s) signing IP shall not approach the Courts while
representing the matters to IEM and he/she will await their decision in the matter.
(7) The Bidder(s)/Contractor(s), in case of sub-contracting, the Principal contractor

shall take the responsibility of the adoption of IP by the sub-contractor.
Section 3: Disqualification from tender process and/or exclusion from future

contracts.
Without prejudice to any rights that may be available to the Employer under law or
the Contract or its established policies and laid down procedures, the Employer shall
have the following rights in case of breach of this Integrity Pact by the
Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to respect
and uphold the Employer absolute right:

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(1) If the Bidder(s) / Contractor(s), before awarding the Project or during execution
has committed a transgression by violating Section 2 above or in any other form
so as to put his reliability or credibility in question, the Principal, at its sole
discretion, after giving proper opportunity to the bidderis entitled to disqualify the
Bidder(s) / Contractor(s) from the tender process or terminate the contract, if
already awarded or exclude the Bidder/Contractor from future contract award
processes, for that reason, without prejudice to any other legal rights or remedies
available to the Principal under the relevant clauses of GCC/SCC of the
tender/contract. The imposition and duration of the exclusion will be determined
by the severity of transgression and determined by the Principal. Such exclusion
may be forever or for a limited period as decided by the Principal.
(2) If the Contractor(s)/Bidder(s) has committed a transgression through a violation

of any of the terms under Section 2 above or in any other form such as to put his
reliability or credibility into question, the Principal will also be entitled to exclude
such Contractor(s)/Bidder(s) from future tenders/contract award processes. The
imposition and duration of the exclusion will be determined by the Principal,
keeping in view the severity of the transgression. The severity will be determined
by the circumstances of the case, in particular, the number of transgressions
and/or the amount of the damage.
(3) If it is observed after payment of final bill but before the expiry of validity of
Integrity Pact that the contractor has committed a transgression, through a
violation of any of the terms under Section 2 above or any other term(s) of this
Pact, during the execution of contract, the Principal will be entitled to exclude the
contractor from further tender/contract award processes.
(4) The exclusion will be imposed for a minimum period of six (6) months and a
maximum period of three (3) years.
(5) If the Contractor(s)/Bidder(s) can prove that he has restored/recouped the

damage to the Principal caused by him and has installed a suitable corruption
prevention system, the Principal may, at its sole discretion, revoke or reduce the
exclusion period before the expiry of the period of such exclusion.
Section 4: Compensation for Damages
(1) If the Principal has disqualified the Bidder(s)/Contractor(s) from the tender
process prior to the awarding of the Project according to Section 3, the Earnest
Money Deposit (EMD)/ Bid Security furnished, if any, along with the offer, as per
terms of the Invitation of Tender, shall also be forfeited. The
Bidder(s)/Contractor(s) understands and agrees that this will be in addition to the
disqualification and exclusion of the Contractor(s)/Bidder(s) as may be imposed
by the Principal, in terms of Section 3 above.
(2) If, at any time after the awarding of the Project, the Principal has terminated the
contract according to Section 3, or if the Principal is entitled to terminate the
contract according to Section 3, the Security Deposit/Performance Bank
Guarantee furnished by the contractor, if any, as per the terms of the
NIT/Contract shall be forfeited without prejudice to any other legal rights and
remedies available to the Principal under the relevant clauses of General/ Special
Conditions of Contract.
The Contractor(s)/Bidder(s) understands and agrees that this will be in addition to the
disqualification and exclusion of the Bidder(s)/Contractor(s), as may be imposed by
the Principal in terms of Section 3 above.

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Section 5: Previous transgression
(1) The Bidder(s)/Contractor(s) herein declares that it has committed no

transgressions in the last 5 years with any other Company in any country
conforming to the anti-corruption approach as detailed herein or with
government/ Central Government or State Government or any other Public Sector
Enterprise in India that could justify its exclusion from the tender process.
(2) If at any point of time during the tender process or after the awarding of the
Contract, it is found that the Bidder(s)/Contractor(s) has made an incorrect
statement on this subject, he can be disqualified from the tender process or if, as
the case may be, that the Contract, is already awarded, it will be terminated for
such reason and the Bidder(s)/Contractor(s) can be black listed in terms of
Section 3 above.
(3) If the Bidder/Contractor can prove that he has resorted / recouped the damage
caused by him and has installed a suitable corruption prevention system, the
Employer may, at its own discretion, revoke the exclusion prematurely.
Section 6: Independent External Monitor / Monitors
(1) The Principal shall, in case where the Project Value is in excess of Rs 5.0 crore
and above, appoint competent and credible Independent External Monitor(s) with
clearance from Central Vigilance Commission. The Monitor shall review
independently, the cases referred to it to assess whether and to what extent the
parties concerned comply with the obligations under this Integrity Pact.
(2) In case of non-compliance of the provisions of the Integrity Pact, the complaint/
non-compliance is to be lodged by the aggrieved party with the Nodal Officer only,
as shall be appointed by the CMD, NBCC. The Nodal Officer shall refer the
complaint/ non-compliance so received by him to the aforesaid Monitor.
(3) The Monitor will not be subject to any instructions by the representatives of the
parties and will perform its functions neutrally and independently. The Monitor
shall report to the Chairman-cum-Managing Director, NBCC.
(4) The Bidder(s) / Contractor(s) accepts that the Monitor shall have the right to
access, without restriction, all Project documentation of the Principal including
that provided by the Contractor. The Contractor will also grant the Monitor, upon
his/her request and demonstration of a valid interest, unrestricted and
unconditional access to its project documentation. The Monitor is under
contractual obligation to treat the information and documents of the Bidder(s) /
Contractor(s) with confidentiality.
(5) The Principal will provide to the Monitor, sufficient information about all meetings
among the parties related to the Project, provided such meetings could have an
impact on the contractual relations between the Principal and the Contractor.
(6) As soon as the Monitor notes, or believes to note, a violation of this Pact, he will
so inform the Principal and request the Principal to discontinue and/or take
corrective action, or to take other relevant action(s). The Monitor can in this
regard submit non-binding recommendations. However, beyond this, the Monitor
has no right to demand from the parties that they act in a specific manner and/or
refrain from action and/or tolerate action.
(7) The Monitor will submit a written report to the CMD, NBCC within 4 to 6 weeks
from the date of reference or intimation to it and, should the occasion arise,

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submit proposals for corrective actions for the violation or the breaches of the
provisions of the agreement noticed by the Monitor.
(8) If the Monitor has reported to the CMD, NBCC, of a substantiated suspicion of an
offence under relevant IPC/PC Act, and the CMD, NBCC, has not, within the
reasonable time taken visible action to proceed against such offence or reported it
to the Chief Vigilance Officer, the Monitor may also transmit this information
directly to the Chief Vigilance Officer, NBCC.
(9) The word ‘Monitor’ means Independent External Monitor and includes both
singular and plural forms.
(10) For ensuring the desired transparency and objectivity in dealing with the
complaints arising out of any tendering process, the matter should be examined
by the full panel of IEMs jointly as far as possible, who would look into the
records, conduct an investigation, and submit their joint recommendations to the
Management.
(11) IEM should examine the process integrity, they are not expected to concern
themselves with fixing of responsibility of officers. Complaints alleging malafide
on the part of any officer of the organisation should be looked into by the CVO of
the concerned organisation.
(12) The role of IEM is advisory, would not be legally binding and it is restricted to
resolving issued raised by an intending bidder regarding any aspect of the tender
which allegedly restricts competition or bias towards some bidders. At the same
time, it must be understood that IEMs are not consultants to the Management.
Their role is independent in nature and the advice once tendered would not be
subject to review at the request of the organisations.
(13) Issues like warranty / guarantee etc. should be outside the purview of IEMs.
(14) The role of the CVO of the organization shall remain unaffected by the presence
of IEMs. A matter being examined by the IEMs can be separately investigated by
the CVO in terms of the provisions of the CVC Act or Vigilance Manual, If a
complaint is received by him/her or directed to him/her by the commission
Section 7 – Criminal charges against violating Bidder(s)/Contractor(s)/

Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder/Contractor or any employee

or a representative or an associate of a Bidder/Contractor, which constitutes a
criminal offence under the IPC/PC Act, or if the Principal has substantive suspicion in
this regard, the Principal will forthwith inform the same to the Chief Vigilance Officer,
NBCC.
Section 8 – Duration of the Integrity Pact
This Pact shall come into force when both parties have legally signed it. The Pact shall
expire, in case of the Contractor(s), 3 (three) months after the last payment under
the Contract is made and in case of the unsuccessful Bidder(s), 2 (two) months after
the contract for the project has been awarded.
If any claims is made / lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged / determined by CMD of NBCC.

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The Bidder(s)/Contractor(s), however, understands and agrees that even upon the
completion of the Project and/or the last payment under the Contract having been
made, if any transgression/violation of the terms of this Pact comes/is brought to the
notice of the Principal, it may, subject to its discretion, blacklist and/or exclude such
Bidder(s)/Contractor(s) as provided for in Section 3, without prejudice to any other
legal right or remedy so available to the Principal.
Section 9 – Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is
the Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in

writing.
(3) If the Bidder/Contractor is a partnership or a consortium, this agreement must be

signed by all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement shall remain valid and binding. In such a case, the
parties will strive to come to an agreement in accordance to their original
intentions.
(5) Wherever he or his as indicated in the above sections, the same may be read as
he/she or his/her, as the case may be.
(6) It is agreed term and condition that any dispute or difference arising between the
parties with regard to the terms of this Integrity Agreement / Pact, any action
taken by the Principal in accordance with this Integrity Agreement! Pact or
interpretation thereof shall not be subject to arbitration
________________________ ___________________
(For & On behalf of the Principal) (For & On behalf of
Bidder/ Contractor)
(Office Seal) (Office Seal)
Place_________
Date _________
Witness 1:
(Name& Address) _______________________
_______________________
Witness 2:
(Name & Address) ______________________
______________________

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FORM-A
Tender for: …………………………………………………………..
MANDATORY INFORMATION DOCUMENTS:
DETAILS OF SIMILAR WORK EXPERIENCE CERTIFICATES
Final/ Cost of Cost of

Approved items Work on
Type of Value of supplied completion,
Work i.e. Contract by including Reference
Name of Date and
Residential Name Date Date of (excl. employer cost of and Page
S. work and No. of
/ of of Completion items free of cost supplies No. of
No its Completion
Non Client Start supplied (or at fixed free of cost Document
location Certificate
Residential free of cost cost) or at fixed ary Proof
Building by the rate by
employer) (‘Y’) employer
(‘X’) (X+Y)
1.
2.
3.
Additional
Details of Work Experience pertaining to “Additional Qualifying Criteria” (as per NIT, if any) Criteria
Details
4.
5.
1. Certified that the Completion Certificates of above works are enclosed with the
Tender Documents.
2. Details mentioned in the above Form are as per Completion Certificates and
have not been presumed.
3. If any detail is not mentioned in the Work Completion Certificate, documentary
proof of the details like drawings, LOA, BOQ, completion certificate/occupation
certificate, copy of final bill, etc. is to be submitted and uploaded on Tender
Website along with the Completion Certificate.
4. If any of the above works are executed in JV, Then bidder shall submit such
details in FORM-B.
Signature of Bidder with Seal

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FORM-B
Tender for: ………………………………………………….
DETAILS OF SIMILAR WORKS EXECUTED in JV (if any)
Final/
Approved Cost of Cost of
Value of Items Work on
Type of Contract supplied completion,
Reference.
Name of Work i.e. Date and Date (excl. by including
Name Name of Date of & Page No
S. Work Bidders’s Residential / No. of of items employer cost of
of JV Completion of
No and its Share % Non Completion Start supplied free of supplies
Clients member Documenta
location in JV Residential Certificate free of cost or at free of cost
ry Proof
Building cost by fixed or at fixed
the rates rate
employer) (‘Y’) (X+Y)
(‘X’)
1
2
3
Additional
Details of Work Experience pertaining to Additional Qualifying Criteria as per NIT (if any) Criteria
Details
4.
5.
If any detail is not mentioned in the Work Completion Certificate, documentary proof
of detail is to be submitted and uploaded on Tender Website along with the
Completion Certificate.

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FORM-C
FINANCIAL DETAILS
Tender For: ……………………………………………………
1st FY 2nd FY 3rd FY (&

Rs. (In Rs. (In last) FY
Lacs) Lacs) Rs. (In Lacs)
a b C
i.) Profit/Loss
ii.) Gross Annual Turnover of Previous 3

financial years ending as on last day of
the preceding Financial Year.
iii.) Average Annual Turnover for previous 3

financial years (Rs. In Lacs) = (a+b+c)/3
iv.) Net Worth (paid up capital + reserves) as on last day of the

preceding Financial Year.
v.) Bank Solvency amount as mentioned in the Bank Solvency
Certificate
1. Summarised page of Audited Profit & Loss Account of previous three Financial Years
duly certified by the chartered account, is to be submitted.
2. Summarized page of AuditedBalance Sheet of last Financial Year (ending on last

day of the preceding Financial Year)duly certified by the chartered account, is to be
submitted.
Signature of Chartered Seal and Signature

Accountant with Seal of bidder
Membership No. :
UDIN :

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FORM-D
TDS DETAILS FOR PRIVATE SECTOR PROJECTS
S. Name Name Project No. And Cost of Payments TDS Year wise
No. of of Cost Date of the work Received Corresponding TDS as per
Work Clients in Completion on as per to the Form-
Crores Certificate completion TDS Payments 26AS/Form
in Crores In Crores 16A relating
to the work
1.
2.
3.
Note: Value of Work done will be considered equivalent to the amount received as per
the TDS Certificates.
In case of multiple contracts undertaken from a Client, details of TDS/Form- 26AS for
each work mentioned above need to be segregated and given separately.
This form need to be supported with Form-26AS taken in HTML format or Form -16A.
Signature of Chartered Accountant

With Stamp and Membership Number
UDIN :

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FORM-E
Dispatch number of bank/ Date
SOLVENCY CERTIFICATE ON LETTER HEAD OF BANK
This is to state that to the best of our knowledge and information that
M/s……………………… having/registered office address…………………………..

……………………………………………………...…………………..is customer of bank and has been
maintaining his accounts with our branch since……………. . As per records available with
the bank, M/s……………………………………………………………….. can be treated as solvent up to
a limit of Rs………………………(Rupees in words…………………………………….).
It is clarified that the above information is furnished and this certificate is being issued
at the specific request of the customer.
Name, designation,
Signature with seal
Notes:-
1. The certificate should have been issued within 6 months from original last date of
the submission of the tender.

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FORM -F
GENERAL INFORMATION
1. Name of Applicant/Company
2. Address for correspondence
3. Official e-mail for communication
4. Contact Person:
Telephone Nos.
Fax Nos.
Mobile
5. Type of Organization:
a) An individual
b) A proprietary firm
c) A firm in partnership
(Attach copy of Partnership)
d) A Limited Company
(Attach copy of Article of Association)
e) Any other (mention the type)
6. Place and Year of Incorporation
7. Name of Directors/ Partners/ Proprietor/

Owner in the organization
8. Name(s) and Designation of the persons ,

who is authorized to deal with NBCC
(Attach copy of power of Attorney)
9. Bank Details :
Name of Bank,
Address of Bank Branch,
Account No.,
RTGS, IFS Code

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FORM- G
Name of the Client with Address, email & phone no.
Dispatch No.................. Date: .....................
WORK EXPERIENCE CERTIFICATE
Name of Contractor____________________
1 Name of work / project & Location

2 Name and Address of the Clients
3 Agreement Amount
4 Cost of work on completion
5 Date of start
6 Stipulated date of completion
7 Actual date of completion
8 Amount of compensation levied for
delayed completion, if any
9 Type of Work: Residential/ Non
Residential Building
10 No. of Basements in any Building of
this work
11 Maximum Height of any Building of
this work
12 Maximum No. of storeys of any
Building of this work
13 Performance report Outstanding Very Good Good Poor
(a) Quality of work
(b) Resourcefulness
(c) Financial soundness
(d) Technical proficiency
(e) General behaviour
Date Name & Designation

Signature with Seal
of issuing Authority

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Form-H
AFFIDAVIT
(To be submitted by bidder on non-judicial stamp paper of Rs.100/ (Rupees

Hundred only) duly attested by Notary Public)
Affidavit of Mr. ...............................................S/o .............................................

R/o .............................................
I, the deponent above named do hereby solemnly affirm and declare as under:
1. That I am the Proprietor/Authorized signatory of M/s ……………………………………….

Having its Head Office/Regd. Office at ………………………………………………………………..
2. That the information/documents/Experience certificates/ Bank Guarantee(s)

submitted by M/s…………………………. along with the tender for …………………… (Name
of work)…………To NBCC are genuine and true and nothing has been concealed.
3. I shall have no objection in case NBCC verifies those from issuing authority (ies). I
shall also have no objection in providing the original copy of any of the
document(s), in case NBCC demands so for verification.
4. I hereby confirm that in case, any document, information & / or certificate

submitted by me found to be incorrect / false / fabricated, NBCC at its discretion
may disqualify / reject / terminate the bid/contract and also place under Holiday
list as per NBCC Policy.
I, ....................................., the Proprietor / Authorised signatory of

M/s....................................... do hereby confirm that the contents of the above
Affidavit are true to my knowledge and nothing has been concealed there
from.................... and that no part of it is false.
DEPONENT
Verified at ................this.................day of .....................
DEPONENT
ATTESTED BY (NOTARY PUBLIC)

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FORM-I
GST Registration Details of Contractor/Vender
Name
Address (As per registration with GST Department)
City
Postal Code
Region/State (Complete State Name)
Permanent Account Number
GSTIN ID/Provisional ID No.:

(copy of Acknowledgement required)
Type of Business (As per registration with GST)
Service Accounting Code/HSN Code:
Contact Person
Phone Number and Mobile Number
Email ID
Compliance Rating (if updated by GSTN)

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FORM- J
Performa for Details of Client Organization in respect of Work Experience

Certificates
(Details to be provided by the Bidder in respect of the work Experience Certificates

submitted along with the Tender)
Details of client organization

Sl. Name Name and Name, Name of Complete E- Phone
No. of the Designation of phone/contact Head of the Postal mail no.
Work the Experience number and organization address ID
certificate working e-mail
issuing authority ID of the
with highest
phone/contact authority
number and heading the
working e-mail project
ID
1.
2.
3.
Seal and Signature of Bidder

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SECTION-3
CLAUSES OF CONTRACT
(PAGE No. 37 to 89)
CLAUSES OF CONTRACT (CC)
1.0 DEFINITIONS
The Contract means the documents forming the tender and acceptance
thereof and the formal agreement executed between the competent
authority on behalf of NBCC (India) Limited and the contractor, together with
the documents referred to therein including these conditions, the
specifications, designs, drawings and instructions issued from time to
time by the Engineer-in-Charge and all these documents taken together,
shall be deemed to form one contract and shall be complementary to one
another.
1.1 NBCC (India) Limited, hereinafter called 'NBCC' propose to get the works
executed as mentioned in the Contract on behalf of Owner/ Client as
Implementing agency/Executing Agency.
1.2 In the contract, the following expressions shall, unless the context
otherwise requires, have the meanings, hereby respectively assigned to
them: -
a) APPROVAL means approved in writing including subsequent written

confirmation of previous verbal approval.
b) BILL OF QUANTITIES or SCHEDULE OF QUANTITIES means the priced and

completed Bill of Quantities or Schedule of Quantities forming part of the
tender.
c) CONTRACTOR shall mean the individual, firm, LLP or company, whether

incorporated or not, undertaking the works and shall include the legal
personal representative of such individual or the persons composing such firm
or LLP or company, or the successors of such firm or company and the
permitted assignees of such individual, firm or company.
d) CONTRACT VALUE means the sum for which the tender is accepted as per the
letter of Award.
e) DRAWINGS mean the drawings referred to in the contract document including

modifications if any and such other drawings as may from time to time be
furnished and/ or approved by NBCC.
f) DATE OF COMMENCEMENT OF WORK: The date of start of contract shall be

reckoned from 10 days after the date of issue of letter of Award.
g) ENGINEER-IN-CHARGE means the Engineer of NBCC, the name of whom is

intimated through letter of award, or his representative duly authorized by him
in writing who shall supervise the work and issue necessary instructions to the
contractor in matters so delegated to him and/or take contractually permitted
actions under such delegated responsibilities as they fall in purview of the
Engineer in Charge under relevant clauses of GCC
h) LANGUAGE: All documents and correspondence in respect of this contract

shall be in English Language.

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i) “LETTER OF AWARD” shall mean NBCC’s letter or notification conveying its
acceptance of the tender subject to such conditions as may have been stated
therein.
j) MONTH means English Calendar month ‘Day’ means a Calendar day of 24 Hrs
each.
k) NBCC shall means NBCC (India) Limited, a company registered under the
Indian Company Act 1956, with its registered office at NBCC Bhawan, Lodhi
Road, New Delhi or its Administrative officers or its engineer or other
employees authorized to deal with any matter with which these persons are
concerned and authorized on its behalf.
l) OWNER/ CLIENT means the Government, Organization, Ministry,
Department, Society, Cooperative, JV Entities (whether incorporated or
unincorporated or registered as the case may be) etc. who has awarded the
work/ project to NBCC and/ or appointed NBCC as Implementing / Executing
Agency/ Project Manager and/ or for whom NBCC is acting as an agent and on
whose behalf NBCC is entering into the contract and getting the work executed.
m) SCHEDULE(s) referred to in these conditions shall mean the standard
schedule of rates of the government mentioned in the Memorandum
(Annexure-I) with the amendments thereto issued up to the date of receipt of
the tender.
n) SITE means the lands and other places on, under, in or through which
the works are to be executed or carried out and any other lands or places
provided by NBCC/client/owner or used for the purpose of the contract.
o) TENDER means the Contractor’s priced offer to NBCC for the execution and
completion of the work and the remedying of any defects therein in accordance
with the provisions of the Contract, as accepted by the Letter of Award or
Award letter. The word TENDER is synonymous with Tender and the word
TENDER DOCUMENTS with “Tendering Documents” or “offer documents”.
p) WRITING means any manuscript typed written or printed statement under or
over signature and/or seal as the case may be.
q) Works or Work shall unless there be something either in the subject or
context repugnant to such construction, be construed and taken to mean the
works by or by virtue of the contract contracted to be executed whether
temporary or permanent, and whether original, altered, substituted or
additional.
r) Headings in the clauses/ conditions of tender documents are for convenience
only and shall not be used for interpretation of the clause/condition.
s) Words imparting the singular meaning only also include the plurals and vice
versa where the context requires. Words importing persons or parties shall
include firms and corporations and organizations having legal capacities.
t) Excepted Risk are risks due to riots (other than those on account of
contractor’s employees), war (whether declared or not) invasion, act of
foreign enemies, hostilities, civil war, rebellion revolution, insurrection,
military or usurped power, any acts of Government, damages from aircraft,
acts of God, such as earthquake, lightening and unprecedented floods, and
other causes over which the contractor has no control and accepted as such by
the NBCC or causes solely due to use or occupation by Government of the part
of the works in respect of which a certificate of completion has been issued or a
cause solely due to NBCC’s faulty design of works.
38 Signature of Tenderer Signature of NBCC www.nbccindia.com

u) Market Rate shall be the rate as decided by the Engineer-in-Charge on the
basis of the prevailing cost of materials and labour at the site where the work is
to be executed plus the percentage mentioned elsewhere in the tender
document to cover, all overheads and profits.
2.0 PERFORMANCE GUARANTEE:

2.1 “Within 15 (Fifteen) days from the date of issue of letter of Award, the
contractor shall submit to NBCC irrevocable performance bank guarantee of
3% of the contract value, in the form appended or Fixed Deposit Receipt (FDR)
pledged in favour of NBCC, from any Nationalized Bank or all Commercial
schedule bank, for the due and proper execution of the Contract. In case FDR
of any bank is furnished by the contractor to NBCC as Performance
Guarantee(s) and the bank is unable to make payment against the said FDR,
the loss caused thereby shall fall on the contractor and the contractor shall
forthwith on demand furnish additional security to NBCC to make good the
deficit. The Performance Guarantees shall be initially valid up to the stipulated
date of completion plus 60 days beyond that. In case the time for completion
of works gets extended, the contractor shall get the validity of Performance
Guarantee extended to cover such extended time for completion of work.
2.2 NBCC reserve the right of forfeiture of the performance guarantee in the event
of termination of contract or non-fulfilment under any of the clauses/ conditions
of contract.
2.3 PBG/FDR shall be returned after successful completion/ testing/ commissioning

and handing over the project to the client up to the entire satisfaction of NBCC/
Client and finalisation of Extension of Time by Engineer-in-charge.
2.4 In case the contractor fails to submit the performance guarantee(s) of the
requisite amount within the stipulated period or extended period, letter of
Award automatically will stand withdrawn and EMD of the contractor shall
be forfeited.
2.5 In case part scope of work has been satisfactorily completed and handed over
to Client/NBCC by the contractor and the remaining work/buildings are under
hold/suspended for more than 3 months due to some hindrance beyond control
of contractor or due to non-availability of site/clearance from Client/NBCC, the
performance bank guarantee/FDR submitted by the contractor and available
with NBCC as on date, on specific request of the contractor, may be released
and returned back to the contractor in lieu of submission and due verification of
a fresh PBG/FDR of the equivalent amount towards balance work.
3.0 SECURITY DEPOSIT/ RETENTION MONEY

3.1 The Security deposit or the retention money shall be deducted from each
running/ final bill of the contractor @ 5% (five per cent only) of the gross value
of the Running Account/ final bill.
3.2 If the amount of Security Deposit deducted in cash is more than Rs.10.00
lakhs (Rupees Ten lakhs only), the excess amount beyond Rs. 10 Lakhs can be
replaced by the contractor by submission of Bank Guarantee on maximum
three times for contracts valued upto Rs. 300 crore, and upto five times for
contracts valued above Rs. 300 Crore in the prescribed proforma of NBCC or
Fixed Deposit Receipt (FDR) pledged in favour of NBCC (India) Limited of
equivalent amount from any Nationalized Bank or all Commercial Scheduled
Bank. Only the Original Contract Value will be counted for this purpose. The
Bank Guarantee/ FDR shall be initially valid up to the 3 months beyond the

stipulated defect liability period. In case the time for completion of works gets
enlarged, the contractor shall get the validity of bank Guarantee/ FDR extended
to cover such enlarged time for completion of work.
3.3 The release/refund of security deposit of the contractor shall be subject to

the observance/compliance of the conditions as under and whichever is
later:
a) Expiry of the defect liability period in conformity with provisions contained

in clause 38.0 (Defect liability clause). The expiry of defect liability period
shall be extended from time to time depending upon extension of time
granted by NBCC.
b) The contractor produces a clearance certificate from the labour office. As

soon as the work is virtually completed, the contractor shall apply for the
labour clearance certificate to the Labour Officer under intimation to the
Engineer-in-Charge. The Engineer-in-Charge, on receipt of the said
communication, shall write to the Labour Officer to intimate if any
complaint is pending against the contractor in respect of the work. If no
complaint is pending, on record till after 3 months after completion of the
work and/or no communication is received from the Labour Officer to this
effect till six months after the date of completion, it will be deemed to
have received the clearance certificate.
3.4 NBCC reserves the right of part or full forfeiture of security deposit in addition
to other claims in the event of contractor’s failure to fulfill any of the
contractual obligations or in the event of termination of contract as per
terms and conditions of contract.
4.0 MOBILIZATION ADVANCE

4.1 Mobilization advance up to maximum of amount as mentioned in the
“Memorandum (Annexure-I)” shall be paid to the contractor, if requested by
him, on submission of irrevocable Bank Guarantee valid for contract period of
an amount 1.1 times of the mobilization advance to take care of advance and
interest at prescribed rate from a nationalized bank or all Commercial
scheduled bank in the enclosed Performa. The Mobilization advance shall be
interest bearing @ as mentioned in the “Memorandum (Annexure-I)”.
This advance shall be paid in three installments as follows:

i) First Installment of fifty percent of total mobilization advance shall be paid
after the agreement is signed and upon submission of performance
guarantee for full amount as specified.
ii) 2nd installment of twenty-five (25%) percent of total mobilization advance

will be paid after the setting up of site office and site laboratory, complete
mobilization of plant and machinery, scaffolding & shuttering materials etc.
iii) The Balance twenty-five (25%) percent of total mobilization advance shall
be paid on completion of 10% of work in terms of cost and after the
contractor has fully mobilized the work at site.
The advance so paid to the Contractor shall only be used in execution of this
Contract including setting up of site office and site laboratory, complete
mobilization of plant and machinery, scaffolding & shuttering materials etc.
4.2 The mobilization advance bear simple interest at the rate as mentioned in
the Memorandum (Annexure-I) and shall be calculated from the date of
payment to the date of recovery (365 days in a year) both days inclusive, on
the outstanding amount of advance. Recovery of such mobilization advanced

including interest shall be made by the deduction from the contractor’s bills
commencing after first ten percent of the gross value of the work is executed
and paid, on pro-rata percentage basis to the gross value of the work billed
beyond 10% in such a way that the entire advance is recovered by the time
eighty percent of the gross value of the contract is executed and paid, together
with interest due on the entire outstanding amount up to the date of recovery
of the installment.
In case, for any reason whatsoever, the outstanding mobilization advance
including interest accrued thereupon, at any stage of the project, exceeds the
amount of BG available with NBCC for the purpose, the contractor shall submit
an additional bank guarantee of 10% of outstanding mobilization advance valid
for the full contract period to cater to additional interest liability.
In case the work could not be commenced for a considerable period, NBCC will
also have the right to seek the refund of Mobilization Advance along with
accrued interest. In case of failure on the part of Contractor to return the
Mobilization advance and accrued interest, NBCC reserves the right to forfeit
the Bank Guarantee submitted by contractor for the purpose as well as other
dues payable to the contractor and adjust the same towards Principal amount
and accrued interest.
4.3 The bank guarantee submitted by contractor against mobilization advance

shall initially be made for the full amount as mentioned in para 4.1 above
and valid for the contract period, and be kept renewed from time to time to
cover the balance amount and likely period of completion of recovery together
with interest. However, the contractor can submit part bank guarantees against
the mobilization advance in as many numbers as per proposed number of
recovery installments equivalent to the amount of each installment.
4.4 Notwithstanding what is contained above, no mobilization advance

whatsoever shall be payable, if payment of mobilization advance is not
mentioned in the Memorandum (Annexure-I).
5.0 SECURED ADVANCE AGAINST NON-PERISHABLE MATERIALS

Interest free secured advance up-to a maximum of 75 % (seventy five
percent) of the cost/Market Value of the Materials or the 75 % (seventy five
percent) cost of materials as derived from the tendered item rate of the
contractor, whichever is less, required for incorporation in the permanent
works and brought to site and duly certified by NBCC site Engineer shall be
paid to the Contractor for all non-perishable items. The advance will be paid
only on submission of Indemnity Bond in the prescribed pro-forma.
The contractor shall construct suitable go-down at the site of work for safe
storage of the materials against any possible damages due to sun, rain,
dampness, fire, theft etc. at his own cost. He shall also employ necessary
watch & ward establishment for the purpose at his costs and risks.
Such secured advance shall also be payable on other items of perishable

nature, fragile and combustible with the approval of the Engineer-in-Charge
provided the contractor provides a comprehensive insurance cover for the full
cost of such materials. The decision of the Engineer-in-Charge shall be final
and binding on the contractor in this matter. No secured advance shall
however, be paid on high risk materials such as ordinary glass, sand, petrol,
diesel etc.
5.1 Recovery of Secured Advance
When materials on account of which an advance has been made under clause
5.0 are incorporated in the work, the amount of such advance shall be

recovered / deducted from the next payment made under any of the clauses of
this contract.
Amount of advance against each material shall be recovered within 3 months
from the date of payment. In case recovery could not be made within the
above period due to any reason, interest as applicable to mobilization advance
and mentioned in the Memorandum (Annexure-1) shall be charged on the
outstanding advance amount which shall be recovered/deducted on monthly
basis.
6.0 DEVIATIONS / VARIATIONS EXTENT AND PRICING

The Engineer-in-Charge shall have power (i) to make any alterations in,
omissions from, additions to or substitutions for, the original specifications,
drawings, designs and instructions that may appear to him to be necessary
during the progress of the work, (ii) to omit part of the works in case of
non-availability of a portion of the site or for any other reasons and the
contractor shall be bound to carry out the works in accordance with any
instructions given to him in writing signed by the Engineer-in-Charge and
such alterations, omissions, additions, or substitutions shall form part of
the contract as if originally provided therein and any altered, additions or
substituted works which the contractor may be directed to do in the manner
specified above as part of the work, shall be carried out by the
contractor on the same conditions in all respects including price on which
he agreed to do the main work except as hereunder provided:
6.1 The time for the completion of the work shall, in the event of any
deviations resulting in additional cost over the tendered value sum being
ordered be extended, if requested by the contractor, as follows:
(i) in the proportion which the additional cost of the altered, additional or
substituted work bears to the original tendered value plus
(ii) 25% of the time calculated in (i) above or such further additional time as
may be considered reasonable by the Engineer-in-Charge.
6.2 If the extra items include any work for which no rate is specified in the
contract, then such work shall be carried out at the rates entered in the
schedule of rates (as mentioned in Memorandum (Annexure-I)) for Civil/
Sanitary Works minus/plus the percentage which the tendered amount of
scheduled items bears with the estimated amount of schedule items based on
the Schedule of Rates (as mentioned in Memorandum (Annexure-I)for Civil/
Sanitary Works). The scheduled item means the items appearing in the
Schedule of Rates (as mentioned in Memorandum (Annexure-I) for Civil/
Sanitary Works) which shall be applicable in this clause. This clause will apply
mutates mutandis to electrical work except that Electrical Schedule of Rates as
mentioned in Memorandum (Annexure-I) will be considered in place of Civil/
Sanitary works Schedule of rates as mentioned in Memorandum (Annexure-I).
However, in the case of extra item(s), (items that are completely new, and are
in addition to the items contained in the contract, and not included in the
schedule of rates (as mentioned in Memorandum (Annexure-I)), the contractor
may within fifteen days of receipt of order or occurrence of the item(s) claim
rates, supported by proper analysis, for the work and the engineer-in-charge
shall within one month of the receipt of the claims supported by analysis, after
giving consideration to the analysis of the rates submitted by the contractor,
determine the rates on the basis of the market rates and the contractor shall
be paid in accordance with the rates so determined.

In the case of substituted items (items that are taken up with partial
substitution or in lieu of items of work in the contract), the rate for the
agreement item (to be substituted) and substituted item shall also be
determined in the manner as mentioned in the following Para:
(a) If the market rate for the substituted item so determined is more than
the market rate of agreement item (to be substituted), the rate payable
to the contractor for the substituted item shall be the rate for the
agreement item (to be substituted) so increased to the extent of the
difference between the market rates of substituted item and the
agreement item (to be substituted).
(b) If the market rate for the substituted item so determined is less than the
market rate of the agreement (to be substituted), the rate payable to the
contractor for the substituted item shall be the rate for the agreement
item (to be substituted) so decreased to the extent of the difference
between the market rates of substituted item and the agreement item (to
be substituted)
In the case of contract item(s), substituted item(s), contract cum substituted

items, which exceed the limits laid down in Memorandum (Annexure-I), the
contractor shall within fifteen days of receipt of order of occurrence of the
excess, claim revision of the rates, supported by proper analysis for the work in
excess of the above mentioned limits, provided that if the rates so claimed are
in excess of the rates specified in the scheduled of quantities, the Engineer-in-
Charge shall within one month of receipt of the claims supported by analysis,
after giving consideration to the analysis of the rates submitted by the
Contractor, determine the rates on the basis of the market rates and the
contractor shall be paid in accordance with the rates so determined.
6.3 The provisions of the preceding paragraph shall also apply to the decrease
in the rates of items for the work in excess of the limits laid down in
Memorandum (Annexure-I), and the Engineer-in-charge shall after giving
notice of the contractor within one month of occurrence of the excess and
after taking into consideration any reply received from him within fifteen
days of the receipt of the notice revise the rates for the work in question
within one month of the expiry of the said period of fifteen days having
regard to the market rates.
6.4 The contractor shall send to the Engineer-in-Charge once every three months,
an up to date account giving complete details of all claims for additional
payments to which the contractor may consider himself entitled and of all
additional work ordered by the Engineer-in-Charge which he has
executed during the preceding quarter failing which the contractor shall be
deemed to have waived his right. However, the Engineer-in-charge may
authorize consideration of such claims on merits.
6.5 For the purpose of operation of Memorandum (Annexure-I), the following

works shall be treated as works relating to foundation unless and otherwise
defined in the Contract:
(i) For Buildings: All works upto 1.2 metres above ground level or up to floor
1 level whichever is lower.
(ii) For abutments, piers and well steining: All works upto 1.2m above the
bed level.

(iii) For retaining walls, wing walls, compound walls, chimneys, overhead
reservoirs/tanks and other elevated structures: All works upto 1.2 metres
above the ground level.
(iv) For reservoirs/tanks (other than overhead reservoirs/tanks). All works

upto 1.2 metres above the ground level.
(v) For basement: All works upto 1.2m above ground level or upto floor 1
level whichever is lower.
(vi) For Roads, all items of excavation and filling including treatment of sub
base.
6.6 Any operation incidental to or necessarily has to be in contemplation of

tenderer while filling, tender or necessary for proper execution of the item
included in the Schedule of quantities or in the schedule of rates mentioned
above, whether or not specifically indicated in the description of the item
and the relevant specifications shall be deemed to be included in the rates
quoted by the tenderer or the rate given in the said schedule or rates as the
case may be Nothing extra shall be admissible for such operations.
6.7 Market Rates to be determined as per various sub-clauses under the clause 6.0
shall be on the basis of prevailing rates of Material excluding GST (unless
mentioned otherwise), Relevant Labour authority rate for Labour,
market rates of T&P etc. plus 15% towards Contractors’ Profits and
Overheads.
The following factors may be considered in the justification of rates on which

Contractor’s overhead & profit shall not be applicable:
 Buildings and Other Construction Worker Cess as applicable in the state of

work place
 EPF (Employer Contribution) component, as per EPF act on the portion of

labour’s wages
 GST on works contract
7.0 ESCALATION
No claim on account of any escalation on whatsoever ground shall be
entertained at any stage of works. All rates as per Bill of Quantities (BOQ)
quoted by contractor shall be firm and fixed for entire contract period as well
as extended period for completion of the works. No escalation shall be
applicable on this contract.
8.0 COMPENSATION FOR DELAY

If the contractor fails to maintain the required progress in terms of clause 16.0
or relevant clause of GCC & Special Conditions of Contract, to complete the
work and clear the site on or before the contract or extended date of
completion, he shall, without prejudice to any other right or remedy available
under the law to the NBCC on account of such breach, pay as agreed
compensation the amount calculated at the rates stipulated below(plus GST
extra) as the Engineer in charge (whose decision in writing shall be final and
binding) may decide on the amount of awarded value of the work for every
completed day / week (as applicable) that the work remains incomplete.

i) Compensation for delay of work @ 0.5% of the awarded value of
Contract per week of Delay.
Provided always that the total amount of compensation for delay to be paid
under this Condition shall not exceed 10% of the Awarded Value of work
(exclusive of GST)or of the Tendered Value of the item or group of items of
work (exclusive of GST)for which a separate period of completion is originally
given. The amount of compensation may be adjusted or set-off against any
sum payable to the Contractor under this or any other contract with NBCC.
In case, the contractor does not achieve a particular milestone mentioned
elsewhere in the tender document or the re-scheduled milestone(s), the
amount shown against that milestone shall be withheld, to be adjusted
against the compensation levied at the final grant of Extension of Time.
With-holding of this amount or failure to achieve a milestone, shall be
automatic without any notice to the Contractor. However, the withheld amount
against the milestone shall be released on achieving that milestone
subsequently. In case the contractor f a i l s t o a c h i e v e a m i l e s t o n e
a n d subsequent milestone(s), the amount mentioned against each
milestone(s) not completed shall be withheld combinely. Further, no interest,
whatsoever, shall be payable on such withheld amount.
9.0 ACTION IN CASE WORK NOT DONE AS PER SPECIFICATIONS

All works under or in course of execution or executed in pursuance of the
contract, shall at all times be open and accessible to the inspection and
supervision of the Engineer-in-charge, his authorized subordinates in charge of
the work and all the superior officers, officer of the Quality Assurance Unit of
the NBCC or any organization engaged by the NBCC for Quality Assurance and
of the Chief Technical Examiner’s Office, and the contractor shall, at all times,
during the usual working hours and at all other times at which reasonable
notice of the visit of such officers has been given to the contractor, either
himself be present to receive orders and instructions or have a responsible
agent duly accredited in writing, present for that purpose. Orders given to the
Contractor’s agent shall be considered to have the same force as if they had
been given to the contractor himself.
If it shall appear to the Engineer-in-charge or his authorized subordinates

in-charge of the work or to the officer of Quality Assurance or his
subordinate officers or the officers of the organization engaged by the
NBCC for Quality Assurance or to the Chief Technical Examiner or his
subordinate officers, that any work has been executed with unsound,
imperfect, or unskilful workmanship, or with materials or articles provided by
him for the execution of the work which are unsound or of a quality inferior to
that contracted or otherwise not in accordance with the contract, the contractor
shall, on demand in writing which shall be made within twelve months of the
completion of the work from the Engineer-in-Charge specifying the work,
materials or articles complained of notwithstanding that the same may have
been passed, certified and paid for forthwith rectify, or remove and reconstruct
the work so specified in whole or in part, as the case may require or as the
case may be, remove the materials or articles so specified and provide other
proper and suitable materials or articles at his own charge and cost. In the
event of the failing to do so within a period specified by the Engineer-in-Charge
in his demand aforesaid, then the contractor shall be liable to pay
compensation at the same rate as under clause 8.0 of the contract (for non-
completion of the work in time) for this default. In such case the Engineer-in-
Charge may not accept the item of work at the rates applicable under the
contract but may accept such items at reduced rates as the Engineer in charge
may consider reasonable during the preparation of on account bills or final bill

if the item is so acceptable without detriment to the safety and utility of the
item and the structure or he may reject the work outright without any payment
and/or get it and other connected and incidental items rectified, or removed
and re-executed at the risk and cost of the contractor. Decision of the
Engineer-in-Charge to be conveyed in writing in respect of the same will be
final and binding on the contractor.
10.0 ACTION IN CASE OF BAD WORK

If it shall appear to the Engineer-in-Charge or his authorized representative in
charge of the work or to the Chief Technical Examiner or to any other
inspecting agency of Government/ State Government/ Owner where the work
is being executed, that any work has been executed with unsound, imperfect,
or unskilful workmanship or with materials of any inferior description, or that
any materials or articles provided by him for the execution of the work are
unsound or of a quality inferior to that contracted for or otherwise not in
accordance with the contract, the contractor shall on demand in writing which
shall be made within twelve months of the completion of the work from the
Engineer-in-Charge specifying the work, materials or articles complained of
notwithstanding that the same may have been passed, Certified and paid for
forthwith rectify, or remove and reconstruct the work so specified in whole or in
part as the case may require or as the case may be, remove the materials or
articles so specified and provide other proper and suitable materials or articles
at his own proper charge and cost, and in the event of his failing to do so
within a period to be specified by the Engineer-in-Charge in his demand
aforesaid while the contractor failure to do so shall continue, the
Engineer-in-Charge may rectify or remove and re-execute the work or remove
and replace with others, the material or articles complained of as the case may
be at the risk and expense in all respects of the contractor.
11.0 CANCELLATION/DETERMINATION OF CONTRACT IN FULL OR PART

11.1 Subject to other provisions contained in this clause the Engineer-in-Charge
may, without prejudice to his any other rights or remedy against the
contractor in respect of any delay, inferior workmanship, any claims for
damages and / or any other provisions of this contract or otherwise, and
whether the date of completion has or has not elapsed, by notice in writing
absolutely determine the contract in any of the following cases:
i) If the contractor having been given by the Engineer-in-Charge a notice in

writing to rectify, reconstruct or replace any defective work or that the
work is being performed in an inefficient or otherwise improper or un-
workmanlike manner shall omit to comply with the requirement of such
notice for a period of seven days thereafter; or
ii) If the contractor has, without reasonable cause, suspended the progress of
the work or has failed to proceed with the work with due diligence so that
in the opinion of the Engineer-in-Charge (which shall be final and binding)
he will be unable to secure completion of the work by the date for
completion and continues to do so after a notice in writing of seven days
from the Engineer-in-Charge; or
iii) If the contractor fails to complete the work within the stipulated date or
items of work with individual date of completion, if any stipulated, on or
before such date(s) of completion and does not complete them within the
period specified in a notice given in writing in that behalf by the Engineer-
in-Charge; or

iv) If the contractor persistently neglects to carry out his obligations under the
contract and / or commits default in complying with any of the terms and
conditions of the contract and does not remedy it or take effective steps to
remedy it within 7 days after a notice in writing is given to him in that
behalf by the Engineer-in-Charge; or
v) If the contractor shall offer or give or agree to give to any person in NBCC
service or to any other person on his behalf any gift or consideration of any
kind as an inducement or reward for doing or forbearing to do or for having
done or forborne to do any action relation to the obtaining or execution of
this or any other contract for NBCC; or
vi) If the contractor shall enter into a contract with NBCC in connection with
which commission has been paid or agreed to be paid by him or to his
knowledge, unless the particulars of any such commission and the terms of
payment thereof have been previously disclosed in writing to the Engineer-
in-Charge; or
vii) If the contractor shall obtain a contract with NBCC as a result of wrong
tendering or other non-bona-fide methods of competitive tendering or
commits breach of Integrity Pact; or
viii) If the contractor being an individual, or if a firm, any partner thereof shall
at any time be adjudged insolvent or have a receiving order or order for
administration of his estate made against him or shall take any
proceedings for liquidation or composition (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction) under any
Insolvency Act for the time being in force or make any conveyance or
assignment of his effects or composition or arrangement for the benefit of
his creditors or purport so to do, or if any application be made under any
Insolvency Act for the time being in force for the sequestration of his
estate or if a trust deed be executed by him for benefit of his creditors; or
ix) If the contractor being a company, shall pass a resolution or the Court
shall make an order for the winding up of the company, or a receiver or
manager on behalf of the debenture holders or otherwise shall be
appointed or circumstances shall arise which entitle the Court or debenture
holders to appoint a receiver or manager; or
x) If the contractor shall suffer an execution being levied on his goods and
allow it to be continued for a period of 21 days, or.
xi) If the contractor assigns, transfers, sublets (engagement of labour on a

piece-work basis or of the labour with materials not to be incorporated in
the work, shall not be deemed to be subletting) or otherwise parts with or
attempts to assign, transfer sublet or otherwise parts with the entire works
or any portion thereof without and prior written approval of the Engineer-
in-Charge.
When the contractor has made himself liable for action under any of the
cases aforesaid, the Engineer-in-Charge may without prejudice to any
other right or remedy which shall have accrued or shall accrue hereafter to
NBCC, by a notice in writing to cancel the contract as whole or only such
items of work in default from the Contract, the Engineer-in-charge shall
have powers:
a) To determine or rescind the contract as aforesaid in full or part (of which

termination or rescission notice in writing to the contractor under the hand

of the Engineer-in-Charge shall be conclusive evidence) and get the same
executed at the risk & cost of the contractor. Upon such determination or
rescission the already retained security deposit recovered under the
contract and performance guarantee shall be liable to be forfeited and un-
used materials, construction plants, implements, temporary buildings, etc.
shall be taken over and shall be absolutely at the disposal of the NBCC. or
b) To employ labour and to supply materials to carry out the work or any part
of the work debiting the contractor with the cost of the labour and the price
of the materials of the amount of which cost and price certified by the
Engineer-in-Charge shall be final and conclusive) and/ or
c) After giving notice to the contractor to measure up the work of the

contractor and to take such whole, or the balance or part thereof as shall
be un-executed or delayed with reference to the General Conditions of
Contract clause no. 24.0 and/ or relevant clause of Special Conditions of
Contract, out of his hands and to give it to another contractor to complete.
11.2 Any sums in excess of the amounts due to NBCC and unsold materials,
constructional plant etc. shall be returned to the contractor, provided always
that if cost or anticipated cost of completion by NBCC of the works or part of
the works is less than the amount which the contractor would have been paid
had he completed the works or part of the works, such benefit shall not accrue
to the contractor.
11.3 In the event of anyone or more of the above courses being adopted by the
Engineer-in-Charge the contractor shall have no claim to compensation for
any loss sustained by him by reasons of his having purchased or procured
any materials or entered into any engagements or made any advances on
account or with a view to the execution of the work or the performance of
the contract. And in case action is taken under any of the provision
aforesaid the contractor shall not be entitled to recover or be paid any sum
for any work thereof or actually performed under this contract unless and
until the Engineer-in-Charge has certified in writing the performance of
such work and the value payable in respect thereof and he shall only be
entitled to be paid the value so certified.
12.0 CONTRACTOR LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT

TAKEN UNDER CLAUSE 11.0
In any case in which any of the powers conferred upon the Engineer-in-
Charge by relevant clause thereof, shall have become exercisable and the
same are not exercised, the non-exercise thereof shall not constitute a waiver
of any of the conditions hereof and such powers shall notwithstanding be
exercisable in the event of any future case of default by the contractor and the
liability of the contractor for compensation shall remain unaffected. In the
event of the Engineer-in-Charge putting in force all or any of the powers
vested in him under any clause he may, if he so desires after giving a notice
in writing to the contractor, take possession of (or at the sole discretion of the
Engineer-in-Charge which shall be final and binding on the contractor) use as
on hire (the amount of the hire money being also in the final determination of
the Engineer-in-Charge) all or any tools, plant, materials and stores, in or
upon the works, or the site thereof belonging to the contractor, or procured by
the contractor and intended to the used for the execution of the work/or any
part thereof, paying or allowing for the same in account at the contract
rates, or in the case of these not being applicable, at current market rates to
be certified by the Engineer-in-Charge, whose certificate thereof shall be final
and binding on the contractor and/or direct the contractor, clerk of the works,

foreman or other authorized agent to remove such tools, plant, materials, or
stores from the premises (within a time to be specified in such notice) in the
event of the contractor failing to comply with any such requisition, the
Engineer-in-Charge may remove them at the contractor’s expense or sell
them by auction or private sale on account of the contractor and his risk in all
respects and the certificate of the Engineer-in-Charge as to the expenses of
any such removal and the amount of the proceeds and expenses of any such
sale shall be final and conclusive against the contractor.
13.0 CARRYING OUT PART WORK AT RISK & COST OF CONTRACTOR

If contractor:
(i) At any time makes default during currency of work or does not execute
any part of the work with due diligence and continues to do so even after
giving a notice in writing of 7 days in this respect from the Engineer-in-
Charge; or
(ii) Commits default in complying with any of the terms and conditions of the
contract and does not remedy it or takes effective steps to remedy it
within 7 days even after a notice in writing is given in that behalf by the
Engineer-in-Charge; or
(iii) Fails to complete the work(s) or items of work with individual dates of
completion, on or before the date(s) so determined, and does not
complete them within the period specified in the notice given in writing in
that behalf by the Engineer-in-Charge.
The Engineer-in-Charge without invoking action under clause 11.0 of

contract may, without prejudice to any other right or remedy against the
contractor which have either accrued or accrue thereafter to NBCC, by a
notice in writing to take the part work/part incomplete work of any
item(s) out of his hands and shall have powers to:
(a) Take possession of the site and any materials, constructional plant,
implements, stores, etc., thereon; and/or
(b) Carry out the part work / part incomplete work of any item(s) by
any means at the risk and cost of the contractor.
The Engineer-in-Charge shall determine the amount, if any, is recoverable

from the contractor for completion of the part work/ part incomplete work
of any item(s) taken out of his hands and execute at the risk and cost of
the contractor, the liability of contractor on account of loss or damage suffered
by NBCC because of action under this clause shall not exceed 10% of the
tendered value of the work.
In determining the amount, credit shall be given to the contractor with the
value of work done in all respect in the same manner and at the same rate
as if it had been carried out by the original contractor under the terms of
his contract, the value of contractor's materials taken over and incorporated in
the work and use of plant and machinery belonging to the contractor. The
certificate of the Engineer-in-Charge as to the value of work done shall be
final and conclusive against the contractor provided always that action under
this clause shall only be taken after giving notice in writing to the contractor.
Provided also that if the expenses incurred by the department are less than the
amount payable to the contractor at his agreement rates, the difference shall
not be payable to the contractor.
Any excess expenditure incurred or to be incurred by NBCC in
completing the part work/ part incomplete work of any item(s) or the excess

loss of damages suffered or may be suffered by NBCC as aforesaid after
allowing such credit shall without prejudice to any other right or remedy
available to NBCC in law or per as agreement be recovered from any money
due to the contractor on any account, and if such money is insufficient, the
contractor shall be called upon in writing and shall be liable to pay the same
within 30 days.
If the contractor fails to pay the required sum within the aforesaid period of
30 days, the Engineer-in-Charge shall have the right to sell any or all of the
contractors' unused materials, constructional plant, implements, temporary
building at site etc. and adjust the proceeds of sale thereof towards the
dues recoverable from the contractor under the contract and if thereafter
there remains any balance outstanding, it shall be recovered in accordance
with the provisions of the contract.
In the event of above course being adopted by the Engineer-in-Charge, the
contractor shall have no claim to compensation for any loss sustained by
him by reason of his having purchased or procured any materials or entered
into any engagements or made any advance on any account or with a view to
the execution of the work or the performance of the contract.
14.0 SUSPENSION OF WORKS

a) The contractor shall, on receipt of the order in writing of the Engineer-in-
charge, suspend the progress of the works or any part thereof for such
time and in such manner as the Engineer-in-charge may consider
necessary for any of the following reasons:
i) On account of any default on part of the contractor, or
ii) For proper execution of the works or part thereof for reason other than
the default of the contractor, or
iii) For safety of the works or part thereof.
The contractor shall, during such suspension, properly protect and secure
the works to the extent necessary and carry out the instructions given in
that behalf by the Engineer-in-charge.
(b) If the suspension is ordered for reasons (ii) and (iii) in sub-Para (a) above.
i) The contractor shall be entitled to an extension of the time equal to

the period of every such suspension plus 25% for completion period. No
adjustment in contract price will be allowed for reasons of such
suspension.
ii) In the event of the Contractor treating the suspension as an
abandonment of the Contract by NBCC, he shall have no claim to
payment of any compensation on account of any profit or
advantage which he may have derived from the execution of the
work in full.
15.0 TERMINATION OF CONTRACT ON DEATH OF CONTRACTOR

Without prejudice to any of the right or remedies under this contract if the
contractor dies, the Engineer in-charge shall have the option of terminating the
contract without compensation to the contractor.
16.0 TIME ESSENCE OF CONTRACT & EXTENSION FOR DELAY
16.1 The time allowed for execution of the Works as specified in the Memorandum
(Annexure-I) or the extended time in accordance with these conditions shall be
the essence of the contract. The execution of the works shall commence from
such time period as mentioned in MEMORANDUM (ANNEXURE – I) or the date

on which the Engineer-in-Charge issues written orders to commence the work.
If the Contractor commits default in commencing the execution of the work as
aforesaid, the NBCC shall without prejudice to any other right or remedy
available in law, be at liberty to forfeit the earnest money & performance
guarantee absolutely.
The Critical milestones to be achieved during execution of the contract within
overall scheduled completion period and the amount to be withheld in case of
non-achievement of the same are stated at Annexure-IA.
16.2 The Contractor shall submit as per the time-schedule as intimated/directed by

Engineer Incharge of NBCC in LoA or afterwards in the kick-off meeting, a
Time and Progress Chart (CPM/ PERT/ Quantified Bar Chart) and get it
approved by the Engineer-in-Charge. The Chart shall be prepared in direct
relation to the time stated in the contract documents for completion of items of
the works/milestone(s) included in ‘SCC’ or the ‘Annexure-I-A to NIT’. It shall
indicate the forecast (mile-stones) of the dates of commencement and
completion of various items, trades, sections of the work and may be amended
as necessary by agreement between the Engineer-in-Charge and the
Contractor within the limitations of time stipulated in the Contract documents
and further to ensure good progress during the execution of the work. The
physical progress report including photographs shall be submitted by the
contractor on the prescribed format & the intervals (not exceeding one
month)as decided by the Engineer in Charge.
16.3 If the work(s) be delayed by any of the following events/eventualities which

directly or indirectly make it legally or physically impossible to carry-on of
supplies or execution of works on the site, and which are unforeseeable or
unusual as per norms/trends/practices in the trade:
i) force-majeure or
ii) Abnormally bad weather, or
iii) Serious loss or damage by fire, or
iv) Civil commotion, Rioting, WAR or local commotion of workmen, strike or

lockout, affecting any or the trades employed on the work, or other
similar issues of Law & Order, or
v) Delay on the part of other contractors or tradesmen engaged by

Engineer-in-Charge in executing work not forming part of the Contract, or
vi) Non-availability of stores, which are responsibility of the NBCC or, Lack of
statutory approvals, that are beyond the scope of works of the contractor, or
vii) Non-availability or break down of tools and plant to be supplied or
supplied by NBCC or,
viii) Any other cause which, in the absolute discretion of the NBCC, is beyond
the Contractor’s control, then upon the happening of any such event
causing delay, the Contractor shall immediately give notice thereof in
writing to the Engineer-in-Charge within 07 days but shall
nevertheless use constantly his best endeavour to prevent or make good
the delay and shall do all that may be reasonably required to the
satisfaction of the Engineer-in-Charge to proceed with the works.
16.4 Request for rescheduling of Milestones and extension of time, to be eligible for
consideration, shall be made by the Contractor in writing within fourteen
days of the happening of the event causing delay alongwith the reasons in

the prescribed form. The Contractor may also, if practicable, indicate in such a
request the period for which rescheduling of Milestones/ extension is desired.
In any such case NBCC may give a fair and reasonable extension of time for
completion of work/rescheduling of Milestone(s). Such extension shall be
communicated to the Contractor by the Engineer-in-Charge in writing within a
reasonable time from the receipt of such request. Non application by the
contractor for extension of time/rescheduling of Milestone(s) shall not be a bar
for giving a fair and reasonable extension/rescheduling of Milestone(s) by the
Engineer-in-Charge and the extension of time/rescheduling of Milestone(s) so
given by the Engineer-in-Charge shall be binding on the contractor.
17.0 TIME SCHEDULE & PROGRESS

17.1 Time allowed for carrying out all the works as entered in the tender shall
be as mentioned in the “Memorandum (Annexure-I)” which shall be reckoned
from the 10th day from the date on which the letter of Award is issued to the
Contractor. Time shall be the essence of the contract and contractor shall
ensure the completion of the entire work within the stipulated time of
completion.
17.2 The contractor shall also furnish, as per the time-schedule as
intimated/directed by Engineer Incharge of NBCC in LoA or afterwards in the
kick-off meeting, a CPM network/ PERT chart/ Bar Chart for completion of work
within stipulated time. This will be duly got approved from Engineer incharge
of NBCC and shall be in conformity with Execution Milestones included in ‘SCC’
or the ‘Annexure-I-A to NIT’. This approved Network/ PERT Chart shall form a
part of the agreement. Achievement of milestones as well as total completion
has to be within the time period allowed.
17.3 Contractor shall mobilize and employ sufficient resources for completion of
all the works as indicated in the agreed BAR CHART/PERT Network. No
additional payment will be made to the contractor for any multiple shift
work or other incentive methods contemplated by him in his work schedule
even though the time schedule is approved by the Engineer-in-Charge.
17.4 During the currency of the work the contractor is expected to adhere to the
time schedule on mile stone and total completion and this adherence will
be a part of Contractor’s performance under the contract. During the
execution of the work contractor is expected to participate in the review
and updating of the Network/BAR CHART undertaken by the NBCC. These
reviews may be undertaken at the discretion of Engineer-in-charge either
as a periodical appraisal measure or when the quantum of work order on
the contractor is substantially changed through deviation orders or
amendments. The review shall be held at site or any of the offices of
NBCC/owner /consultant at the sole discretion of NBCC. The contractor will
adhere to the revised schedule thereafter. The approval to the revised
schedule resulting in a completion date beyond the stipulated date of
completion shall not automatically amount to a grant of extension of time
to the contractor.
17.5 Contractor shall submit (as directed by Engineer-in-Charge) progress reports
on a computer based program (program and software to be approved by
Engineer-in-Charge) highlighting status of various activities and physical
completion of work. The contractor shall send completion report with as built
drawings to the office of Engineer-in-Charge, of NBCC in writing within a period
of 30 days of completion of work.
The photographs of the project taken on last day of every month indicating
progress of work (in soft copies) shall be attached along with the physical
progress reports to be submitted to Engineer-in-charge.

18.0 TAXES AND DUTIES
18.1 The contract price is inclusive of all taxes, duties, cess and statutory levies
payable under any law (as applicable on the date of submission of bid) by the
contractor in connection with execution of the contract.
The contract price will be adjusted prospectively for any increase / decrease in
the GST rate on works contract notified by Government of India.
18.2 Notwithstanding anything contained in clause 18.1, the contractor shall ensure
payment of appropriate taxes, cess, levies, etc. on the items of supplies and
works made good under the contract. The contractor shall take/ obtain
registration under the applicable enactment levying tax/ levy/cess on supply
of goods or services under the contract and issue invoice having all the
particulars prescribed under the applicable provisions of the law, including.
description of goods/services, rate and amount of tax paid or payable on the
supplies made under the contract, so that NBCC can avail credit of such tax,
wherever applicable. The contractor shall comply with all applicable provision
of Goods and Service Tax (GST) levied by Union Government and State
Governments (CGST, UTGST, SGST and IGST). The contractor shall get
himself registered and discharge his obligations for payment of taxes, filing of
returns etc. under the appropriate provisions of law in respect of all the taxes,
duties, levies, cess, etc. NBCC would have right to seek necessary evidence
that the contractor is registered under the law and duly discharging its
obligations under the tax law, enabling NBCC to avail input tax credit.
Whenever interest is payable on reversal of Input Tax Credit (ITC) for non-
payment of value and tax of supply under GST Act, due to any default on
contractor’s part (i.e due to poor performance/quality or non-fulfilment of
terms of contract), the amount of interest so levied on NBCC shall be
recovered from the contractor.
18.3 In case any law requires NBCC to pay tax/ levy/cess on the contract price
under any law for the time being in force, (such as GST, royalty on minerals,
works contract taxes on reverse charge basis, etc.) the amount of
tax/levy/cess so deposited by NBCC on this behalf would be considered as
paid to the contractor and, accordingly, the price payable to the contractor
would stand reduced to that extent.
18.4 In case the contractor does not deposit or file the tax/levy/cess with
appropriate authority/department, and which is payable-by or lived on
contractor on account of execution of this contract, or if any such
tax/levy/cess (such as GST, WCT, royalty on minerals etc.) is deposited by or
recovered from NBCC but is actually payable by or levied on the contractor,
or, if the contractor has not provided the invoice or other relevant document
pertaining to deposit/credit of such tax/levy/cess to NBCC, showing/ proving
deposit of appropriate the amount of tax/levy/cess, or has not uploaded the
document in computerised tax network as per prevailing law, leading to non-
availability of inputs credit of the tax to NBCC, the amount equivalent to such
tax shall be deducted from the contract price.
18.5 Stamp duty and registration charges, if any, payable on the executed contract
document, shall be borne by the contractor. .
18.6 Tax deduction at source, if any, shall be made by NBCC as per law applicable
from time to time from the amount payable to the contractor. .
19.0 Deleted.

20.0 INCOME TAX DEDUCTION (TDS)
Income tax deductions shall be made from all payments made to the contractor
including advances, in respect of the work/ project undertaken by the
contractor, in accordance with the provisions of the Income Tax Act and Rules
made there under prevailing and in force from time to time.
21.0 ROYALTY ON MATERIALS:

21.1 The contractor shall deposit royalty and obtain necessary permit for supply
of bajri, stone, kankar, sand and other materials etc. from the local
authorities and quoted rates shall be inclusive of royalty.
21.2 The contractor shall be deemed to have inspected the site, its surrounding
and acquainted itself with the nature of the ground, accessibility of the site
and full extent and nature of all operations necessary for the full and proper
execution of the contract, space for storage of materials, constructional plant,
temporary works, restrictions on the plying of heavy vehicles in area, supply
and use of labour, materials, plant, equipment and laws, rules and regulations,
if any, imposed by the local authorities.
21.3 The rates and prices to be tendered in the bill of quantities are for
completed and finished items of works and complete in all respects. It will
be deemed to include all constructional plant, labor, supervision,
materials, transport, all temporary works, erection, maintenance,
contractor’s profit and establishment/overheads, together with preparation
of designs & drawings pertaining to casting yard, shop drawing, fabrication
drawing (if required), staging form work, stacking yard, etc. all general
risk, all taxes, royalty, duties, cess, octroi and other levies, insurance
liabilities and obligations set out or implied in the tender documents and
contract.
21.4 If any temporary/ permanent structure is encountered or safety of such
structure in the vicinity is endangered due to execution of the project, the
contractor has to protect the structures by any means as per direction of
Engineer-in–Charge. If any damage is caused to any temporary or
permanent structure(s) in the vicinity due to execution of the project, the
contractor has to make good the same by any means as per direction of
Engineer-in–Charge. The contractor should inspect the site of work from this
point of view. The cost to be incurred in this regard shall be deemed to be
included in his quoted rates of BOQ items and the contractor shall not be
entitled for any extra payment in this regard.
22.0 INSURANCE OF WORKS ETC
22.1 Contractor is required to take Contractor’s All Risk policy or erection all risk
policy (as the case may be) from an approved insurance company in the
joint name with first name of NBCC and bear all costs towards the same for
the full period of execution of works including the defect liability period for the
full amount of contract against all loss of damage from whatever cause arising
other than excepted risks for which he is responsible under the terms of
the contract and in such manner that the NBCC and the contractor are covered
during the period of construction of works and/or also covered during the
period of defect liability for loss or damage
a. The work and the temporary works to the full value of such works.
b. The materials, constructional plant, centering, shuttering and scaffolding
materials and other things brought to the site for their full value.
The contractor is required to submit the original policy document and the
receipt for payment of the current premium to NBCC.

In case, the contract value gets enhanced by more than 25 percent due to any
deviation /variation/ extra items, the contractor shall submit additional
insurance policy for the enhanced contract value.
22.2 INSURANCE UNDER WORKMEN COMPENSATION ACT

Contractor is required to take adequate insurance coverage as prescribed
under the Workman Compensation Act, 1923 amended from time to time from
an approved insurance company and pay premium charges thereof.
If the Contractor fails to effect or keep in force or provide adequate cover in
the Insurance policies mentioned in this sub-clause, or any other insurance
which he might be required to effect under the Contract, then in such cases,
the Employer may effect and keep in force any such insurance or further
insurance and the cost and expenses incurred by him in this regard shall be
deductible from payments due to the Contractor or from the Contractor’s
Performance Guarantee.
22.3 THIRD PARTY INSURANCE

Contractor is required to take third party insurance cover for an amount of
5%(five percent) of contract value from an approved insurance company
for insurance against any damage, injury or loss which may occur to any
person or property including that of NBCC/owner/client, arising out of the
execution of the works or temporary works.
Engineer-In charge has to ensure that Insurance policies are submitted by the
contractor within 15 days from the date of issue of LOA. In case of failure of
the contractor to obtain contractors all risk policy, insurance under workman
compensation act and third party insurance as described above, NBCC reserves
the right of forfeiture of the Performance Bank Guarantee.
If the Contractor could not effect a comprehensive insurance cover against

risks which he may be required to effect under the terms of the contract,
then he shall give his attention to get the best insurance cover available
and even in case of effecting a wider insurance cover than the one which
the subsidiary of the General Insurance Company could offer, such an
insurance is ought to be done after the NBCC’s approval, by or through the
subsidiary of the General Insurance Company.
22.4 (Refer clause 73.2) The contractor shall at all times indemnify NBCC and
Owner against all claims, damages or compensation under the provision of
Payment of wages act-1936, Minimum Wages Act-1948 Code on Wages, 2019,
Employer’s liability Act-1938, the workmen’s compensation Act-1947, Industrial
Disputes Act-1947 and Maternity Benefit Act-1961 or any modifications thereof
or any other law in force or as consequence of any accident or injury to
any workman or other persons in or about the works, whether in the
employment of the contractor or not, against all costs, charges and expenses
of any suit, action or proceedings arising out of such incident or injury and
against all sum or sums which may with the consent of the contractor be paid
to compromise or compound any such claim. Without limiting his obligations
and liabilities as above provided, the contractor shall insure against all claims,
damages or compensation payable under the Workmen’s Compensation Act
1923 or any modification thereof or any other law relating thereto.

23.0 PAYMENTS
23.1 All running payments shall be regarded as payments by way of advance
against the final payment only and not as payments for work actually done
and completed and/or accepted by NBCC and shall not preclude the
recovery for bad, unsound and imperfect or unskilled work to be removed
and taken away and reconstructed or re-erected or be considered as an
admission of the due performance of the Contract, or any part thereof, in
this respect, or the accruing of any claim, nor shall it conclude, determine
or affect in any way the powers of the NBCC under these conditions or any
of them as to the final settlement and adjustments of the accounts or
otherwise, or in any other way vary/ affect the contract. The final bill shall
be submitted by the contractor within three months of the completion of
work, otherwise NBCC’s certificate of the measurement and of the total
amount payable for the work accordingly shall be final and binding on
contractor. Each Running Bills should be accompanied by tax invoices as per
applicable tax laws.
It may be noted that GST shall be recoverable as extra on all applicable

recoveries e.g. Workmen recovery, LD etc. made from the bills of contractor.
23.2 It is clearly agreed and understood by the Contractor that notwithstanding

anything to the contrary that may be stated in the agreement between
NBCC and the contractor; the contractor shall become entitled to payment
only after NBCC has received the corresponding payment(s) from the
client/Owner for the work done by the contractor. Any delay in the release of
payment by the client/ Owner to NBCC leading to a delay in the release
the corresponding payment by NBCC to the contractor shall not entitle the
contractor to any compensation/ interest from NBCC.
23.3 All payments shall be released by way of e-transfer through RTGS in India
directly at their Bank account by NBCC.
GST shall also be recoverable as extra from all applicable recoveries e.g.
Workmen recovery, LD etc. made from the bills of contractor.
23.4 FINANCIAL ASSISTANCE TO THE CONTRACTOR

23.4.1 Notwithstanding the provision of clause 23.2 above or any other clause that
may be contrary in any part of the GCC, Interest Bearing Financial Assistance
up to maximum of 90% of net amount payable of their verified Running
Account Bill pending outstanding since last 15 days, may be provided to the
contractor at the sole Discretion of NBCC, if requested by him only in case
NBCC is not able to pay to the contractor due to non-receipt of proportionate
funds from the Client of NBCC. The grant of this Financial Assistance is
however subject to the condition that Engineer-in-charge shall get himself
satisfied that such a Financial Assistance would result in achieving major
progress of the project and that the payment from client is going to be
received in a short span of time.
23.4.2 The Financial Assistance shall be simple interest bearing @ Interest as

applicable on Mobilization Advance. Recovery of such Financial Assistance
including interest shall be made by the adjustment from the contractor’s bills
once NBCC has received its respective dues from the clients.
23.4.3 An undertaking to the effect that it is only the sole willingness of contractor
to avail the Financial Assistance indemnifying NBCC against any future claim
on account of the Financial Assistance granted may be obtained as per
prescribed format.

23.5 Direct Payment to sub-contractor / vendor
23.5.1 NBCC shall not make payments directly to any vendor or sub-contractor, but
may consider on specific request and authorisation by the contractor in
writing in exceptional circumstances, such as Initiation of Insolvency
proceedings against Contractor, Freezing of Contractor’s Bank Account,
Automatic debit from Contractor’s Bank Account by the bank or any other
creditor etc., whereby contractor may be unable to make prompt payment to
the sub-contractor or vendor, which affects the supplies of material &
progress of work.
23.5.2 NBCC may at its entire discretion or on advise of clients decide to make
direct payments to Vendors/ sub-contractors/ labour in circumstances when
the contractor is suspected to diversion of funds/ payments from NBCC to
other activities/ projects instead of meeting the project liabilities.
23.5.3 Where NBCC agrees to release payment directly to sub-contractor, the
contractor shall submit an indemnity bond in the prescribed format, verify the
bill/payment, and provide all payment related details. Any such direct
payment to vendor or sub-contractor shall be made on account (in the name)
of the contractor and secured against the final bill. Further, such payments
shall not relieve the contractor from any of his liabilities, tax or any other
obligations under the contract. On receipt of such Indemnity Bond, NBCC shall
issue a “comfort letter” to vender/sub-contractor and copy to main contractor.
23.5.4 In case the direct payment is made to vendor/ sub-contractor for
procurement of Plant & Machinery/ Centering, Shuttering & Staging/
dewatering equipments/ Pumps etc. which are in required to be procured but
are not billable to the contractor and only recoverable, the said direct
payment shall be treated as an advance to the contractor and interest at the
same rate as Mobilization Advance shall be charged to the contractor till the
time the entire direct payment is recovered from the contractors bills.
23.5.5 The Decision of NBCC shall be final and binding whether to accept or deny
direct payments to vendors/ sub-contractors.
24.0 MEASUREMENTS OF WORKS

Engineer-in-charge shall, except as otherwise provided, ascertain and
determine by measurement, the value of work done in accordance with the
contract.
Except where any general or detailed description of the work expressly

shows to the contrary, measurement shall be taken in accordance with the
procedure set forth in the CPWD Specification. In the case of items which
are not covered by specifications, mode of measurement as specified in the
Technical Specifications of the contract and if for any item no such
technical specification is available, then a relevant standard method of
measurement issued by the Bureau of Indian Standard shall be followed.
Provided further that, In case of Cancellation/Determination of Contract in Full

or in Part in accordance with clause 11.0 (and its sub-clauses), following
methodology shall be adopted in respect of measurements in addition to what
has been mentioned in foregoing: -
 All measurements and levels shall be taken jointly by the Engineer-in-

Charge or his authorized representative and by the contractor or his
authorized representative from time to time during the progress of the work
and such measurements shall be signed and dated by the Engineer-in-
Charge and the contractor or their representatives in token of their

acceptance. If the contractor objects to any of the measurements recorded,
a note shall be made to that effect with reason and signed by both the
parties.
 If for any reason the contractor or his authorized representative is not

available and the work of recording measurements is suspended by the
Engineer-in-Charge or his representative, the Engineer-in-Charge and NBCC
shall not entertain any claim from contractor for any loss or damages on
this account. If the contractor or his authorized representative does not
remain present at the time of such measurements after the contractor or
his authorized representative has been given a notice in writing three (3)
days in advance or fails to countersign or to record objection within a week
from the date of the measurement, then such measurements recorded in
his absence by the Engineer-in-Charge or his representative shall be
deemed to be accepted by the Contractor. The contractor shall, without
extra charge, provide all assistance with every appliance, labour and other
things necessary for measurements and recording levels.
25.0 COMPUTERISED MEASUREMENT BOOKS

Engineer-in-Charge shall, except as otherwise provided, ascertain and
determine by measurement the value of work done in accordance with the
contract. All measurements of all items having financial value shall be entered
by the contractor and compiled in the shape of the Computerized
Measurement Book as per the format of NBCC so that a complete record is
obtained of all the items of works performed under the contract. All such
measurements and levels recorded by the contractor or his authorized
representative from time to time, during the progress of the work, shall be
got checked by the contractor from the Engineer-in-Charge or his
authorized representative as per interval or program fixed in consultation
with Engineer-in-Charge or his authorized representative.
After the necessary corrections made by the Engineer-in-Charge, the

measurement sheets shall be returned to the contractor for incorporating
the corrections and for resubmission to the Engineer-in- Charge for the
dated signatures by the Engineer-in-Charge and the contractor or their
representatives in token of their acceptance.
Whenever bill is due for payment, the contractor would initially submit draft
computerized measurement sheets and these measurements would be got
checked/test checked from the Engineer-in-Charge and/or his authorized
representative. The contractor will, thereafter, incorporate such changes as
may be done during these checks/test checks in his draft computerized
measurements, and submit it to NBCC online through e-billing portal available
in the NBCC website. All the required documents e.g. measurement sheet,
quality test reports, ESIC/EPF challans, Tax invoice, theoretical v/s actual
consumption of material etc. shall also be uploaded in the module. No payment
of RA bill shall be released until all obligations and documents as above as per
direction of Engineer In-charge are uploaded in the portal.
The contractor shall, without extra charge, provide all assistance with every
appliance, labour and other things necessary for checking of measurements
/levels by the Engineer-in-Charge or his representative.
The contractor shall give not less than seven days’ notice to the Engineer-
in-Charge or his authorized representative in charge of the work before
covering up or otherwise placing beyond the reach of checking and/or test
checking the measurement of any work in order that the same may be

checked and/or test checked and correct dimensions thereof be taken
before the same is covered up or placed beyond the reach of checking and/or
test checking measurement and shall not cover up and place beyond reach of
measurement any work without consent in writing of the Engineer-in-Charge or
his authorized representative in charge of the work who shall within the
aforesaid period of seven days inspect the work, and if any work shall be
covered up or placed beyond the reach of checking and/or test checking
measurements without such notice having been given or the Engineer-in-
Charge’s consent being obtained in writing the same shall be uncovered at the
Contractor’s expense, or in default thereof no payment or allowance shall be
made for such work or the materials with which the same was executed.
Engineer-in-Charge or his authorized representative may cause either

themselves or through another officer of the NBCC to check the
measurements recorded by contractor and all provisions stipulated herein
above or anywhere in the tender document shall be applicable to such
checking of measurements or levels.
It is also a term of this contract that checking and/or test checking the
measurements of any item of work in the measurement book and/or its
payment in the interim, on account of final bill shall not be considered as
conclusive evidence as to the sufficiency of any work or material to which it
relates nor shall it relieve the contractor from liabilities from any over
measurement or defects noticed till completion of the defects liability period.
26.0 WITHHOLDING AND LIEN IN RESPECT OF SUMS DUE FROM

CONTRACTOR
26.1 Whenever any claim or claims for payment of a sum of money arises out
of or under the contract or against the contractor, NBCC shall be entitled
to withhold and also have a lien to retain such sum or sums in whole or in
part from the security, if any, deposited by the contractor and for the purpose
aforesaid, NBCC shall be entitled to withhold the security deposit, if any,
furnished as the case may be and also have a lien over the same pending
finalization or adjudication of any such claim. In the event of the security being
insufficient to cover the claimed amount or amounts or if no security has been
taken from the contractor, NBCC shall be entitled to withhold and have a
lien to retain to the extent of such claimed amount or amounts referred to
above, from any sum or sums found payable or which may at any time
thereafter become payable to the contractor under the same contract or any
other contract pending finalization of adjudication of any such claim.
26.2 It is an agreed term of the contract that the sum of money or moneys so
withheld or retained under the lien referred to above by the Engineer-in-
Charge or NBCC will be kept withheld or retained as such by the Engineer-
in-Charge or NBCC till the claim arising out of or under the contract is
determined by the competent court and that the contractor will have no
claim for interest or damages whatsoever on any account in respect of
such withholding or retention under the lien referred to above and duly
notified as such to the contractor. For the purpose of this clause, where
the contractor is a partnership firm or a limited company, the Engineer-in-
Charge or the NBCC shall be entitled to withhold and also have a lien to
retain towards such claimed amount or amounts in whole or in part from
any sum found payable to any partner/limited company, as the case may
be whether in his individual capacity or otherwise. NBCC shall have the
right to cause an audit and technical examination of the works and the
final bills of the contractor including all supporting vouchers, abstract, etc,
to be made after payment of the final bill and if as a result of such audit

and technical examination any sum is found to have been overpaid in respect
of any work done by the contractor under the contract or any work claimed to
have been done by him under the contract and found not to have been
executed, the contractor shall be liable to refund the amount of over-payment
and it shall be lawful for NBCC to recover the same from him in the
manner prescribed in sub-clause 26.1 of this clause or in any other manner
legally permissible; and if it is found that the contractor was paid less than
what was due to him under the contract in respect of any work executed by
him under it, the amount of such under payment shall be duly paid by NBCC to
the contractor, without any interest thereon whatsoever.
26.3 LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS

Any sum of money due and payable to the contractor (including the security
deposit returnable to him) under the contract may be withheld or retained by
way of lien by the Engineer-in-Charge or by NBCC against any claim of the
Engineer-in-Charge or NBCC in respect of payment of a sum of money arising
out of or under any other contract made by the contractor with the Engineer-
in-Charge or the NBCC. It is an agreed term of the contract that the sum of
money so withheld or retained under this clause by the Engineer-in-Charge or
the NBCC will be kept withheld or retained as such by the Engineer-in-Charge
or the NBCC or till his claim arising out of the same contract or any other
contract is either mutually settled or determined by the competent court, as
the case may be, and that the contractor shall have no claim for interest or
damages whatsoever on this account or on any other ground in respect of any
sum of money withheld or retained under this clause and duly notified as such
to the contractor.
27.0 WORK TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS,

DRAWINGS, AND ORDERS ETC.
All items of work in the bill of quantities/ schedule of quantities shall be
carried out as per the CPWD/ MORTH (as the case may be) specifications,
drawings and instructions of the Engineer-in-Charge of NBCC and the rates
shall include for supply of required materials including proper storage,
consumables, skilled & unskilled labour, supervision and tools, tackles, plant &
machinery complete as called for in the detailed specifications and conditions of
the contract. Latest updated CPWD specification shall be followed for execution
of work.
The contractor shall execute the whole and every part of the work in the
most substantial and workman like manner both as regards materials and
otherwise in every respect in strict accordance with the specifications. The
contractor shall also conform exactly, fully and faithfully to the design,
drawings and instructions in writing in respect of the work assigned by the
Engineer-in-Charge.
The contractor shall comply with the provisions of the contract and execute
the works with care and diligence and maintain the works and provide all
labour and materials, tools and plants including for measurements and
supervision of all works, structural plans and other things of temporary or
permanent nature required for such execution and maintenance in so far as
the necessity for providing these, is specified or is reasonably inferred from
the contract. The contractor shall take full responsibility for adequacy,
suitability and safety of all the works and methods of construction.

28.0 MATERIALS TO BE PROVIDED BY THE CONTRACTOR
The contractor shall, at his own expense, provide all materials, required
including Cement & Steel for the works. The contractor shall at his own
expense and without delay; supply to the Engineer-in-Charge samples of
materials to be used on the work and shall get the same approved in
advance. All such materials to be provided by the Contractor shall be in
conformity with the specifications laid down or referred to in the contract.
The contractor shall, if requested by the Engineer-in-Charge furnish proof,
to the satisfaction of the Engineer-in-Charge regarding compliance of the
material so procured. The contractor shall submit the samples of materials
to be tested or analysed and bear all charges and cost of testing unless
specifically provided for otherwise elsewhere in the contract or specifications.
The Engineer-in-Charge or his authorized representative shall at all times have
access to the works and to all workshops and places where work is being
prepared or from where materials, manufactured articles or machinery are
being obtained for the works and the contractor shall afford every facility and
every assistance and cost in obtaining the right and visit to such access. The
Engineer-in-Charge shall have full powers to require the removal from the
premises of all materials which in his opinion are not in accordance with the
specifications and in case of default, the Engineer-in-Charge shall be at liberty
to employ at the expense of the contractor, other persons to remove the same
without being answerable or accountable for any loss or damage that may
happen or arise to such materials. The Engineer-in-Charge shall also have full
power to require other proper materials to be substituted thereof and in case of
default, the Engineer-in-Charge may cause the same to the supplies and all
costs which may require such removal and substitution shall be borne by the
contractor.
The contractor shall ensure that the materials are brought to site in original
sealed containers or packing bearing manufacturer’s markings and brands
(except where the quantity required is a fraction of the smallest packing).
Materials not complying with this requirement shall be rejected. The empty
containers of such materials shall not be destroyed/disposed-off without the
permission of NBCC.
The contractor shall produce receipted vouchers showing quantities of the
materials to satisfy Engineer-In-Charge that the materials comply with the
specifications. These vouchers shall be endorsed, dated and signed by the
contractor. A certified copy of each such vouchers signed both by NBCC and the
Contractor shall be kept on record.
29.0 MATERIALS AND SAMPLES

29.1 The materials/products used on the works shall be one of the approved
make/ brands out of list of manufacturers / brands /makes given in the
tender documents. The contractor shall submit samples/ specimens out of
approved makes of materials/ products to the Engineer-in-Charge for prior
approval. In exceptional circumstances Engineer-in-Charge may allow
alternate equivalent makes/brands of products/ materials at his sole
discretion. The final choice of brand / make shall remain with the Engineer-
in-Charge, whose decision in this matter shall be final and binding and nothing
extra on this account shall be payable to the Contractor. In case single brand/
make are mentioned, other equivalent makes/ brands may be considered by
the Engineer-in-Charge. In case of variance in CPWD/IS/BIS Specifications
from approved products/makes specification, the specification of approved
product/make shall prevail for which nothing shall be paid extra to the
Contractor. In case no make or brand of any materials, articles, fittings and
accessories etc. is specified, the same shall comply with the relevant Indian
Standard Specifications and shall bear the ISI/BIS mark. The Engineer of NBCC

and the owner shall have the discretion to check quality of materials and
equipments to be incorporated in the work, at source of supply or site of work
and even after incorporation in the work. They shall also have the discretion to
check the workmanship of various items of work to be executed in this work.
The contractor shall provide the necessary facilities and assistance for this
purpose.
29.2 The above provisions shall not absolve the contractor from the quality of
final product and in getting the material and workmanship quality checked
and approved from the Engineer-in-Charge of NBCC.
29.3 The contractor shall well in advance, produce samples of all materials, articles,
fittings, accessories etc. that he proposes to use and get them approved in
writing by NBCC. The materials, articles etc. as approved shall be labelled as
such and shall be signed by NBCC and the Contractor’s representative.
29.4 The approved samples shall be kept in the custody of the Engineer-in- Charge
of NBCC till completion of the work. Thereafter the samples except those
destroyed during testing shall be returned to the contractor. No
payment will be made to the contractor for the samples or samples
destroyed in testing.
29.5 The brands of all materials, articles fittings etc. approved together with the
names of the manufacturers and firms from which supplies have been
arranged shall be recorded in the site order book.
29.6 The contractor shall set up and maintain at his cost, a field testing
laboratory for all day to day tests at his own cost to the satisfaction of the
Engineer-in-Charge. This field testing laboratory shall be provided with
equipment and facilities to carry out all mandatory field tests as per
MORTH/CPWD (as the case may be) specifications. The laboratory building
shall be constructed and installed with the appropriate facilities,
Temperature and humidity controls shall be available wherever necessary
during testing of samples. All equipments shall be provided by the Contractor
so as to be compatible with the testing requirements specified. The Contractor
shall maintain all the equipments in good working condition for the duration of
the contract. The Contractor shall provide approved qualified personnel to run
the laboratory for the duration of the Contract. The number of staff and
equipment available must at all times be sufficient to keep pace with the
sampling and testing programme as required by the Engineer-in-charge. The
Contractor shall fully service the site laboratory and shall supply everything
necessary for its proper functioning, including all transport needed to move
equipment and samples to and from sampling points on the site, etc. The
Contractor shall re-calibrate all measuring devices whenever so required by the
Engineer-in-charge and shall submit the results of such calibration without
delay. All field test shall be carried out in the presence of NBCC’s
representative. All costs towards samples, materials, collection, transport,
manpower, testing etc. shall be borne by the Contractor and are deemed to be
included in the rates quoted by him in the bill of quantities.
The contractor(s) shall display the calibration certificate of each equipment

at the location of equipment & shall get recalibrated at least one week before
its expiry date.
30.0 MATERIALS PROCURED WITH THE ASSISTANCE OF NBCC

If any material for the execution of this contract is procured with the
assistance of NBCC either by issue from its stores or purchase made under
orders or permits or licenses obtained by NBCC, the contractor shall hold

and use the said materials economically and solely for the purpose of this
contract and shall not dispose them without the permission of Engineer-in-
charge. The contractor, if required by the NBCC, shall return all such surplus or
unserviceable materials that may be left with him after the completion of the
contract or at its termination on whatsoever reason, on being paid or credited
such price as the Engineer-in-charge shall determine having due regard to the
conditions of materials. The price allowed to the contractor, however, shall not
exceed the amount charged to him excluding the element of storage charges
which shall be 10% of the cost charged to contractor. The decision of the
Engineer-in-charge shall be final and conclusive.
Contractor(s) has / have to deploy security personnel for safeguarding of

materials procured at site.
31.0 CONTRACTOR TO SUPPLY TOOLS & PLANTS

The contractor shall provide at his own cost all materials, machinery, tools &
plants as require for completion of work. In addition to this, appliances,
implements, other plants, ladders inspection lifts , cordage, tackle, scaffolding
and temporary works required for the proper execution of the work, whether
original, altered or substituted and whether included in the specifications or
other documents forming part of the contract or referred to in these conditions
or not, or which may be necessary for the purpose of satisfying or complying
with the requirements of the Engineer-in-Charge as to any matter as to which
under these conditions he is entitled to be satisfied, or which he is entitled to
require together with carriage therefore to and from the work. The contractor
shall also supply without charge the requisite number of persons with the
means and materials, necessary for the purpose of setting out works, and
counting, weighing and assisting the measurement or examination at any time
and from time to time of the work or materials. Failing his so doing, the same
may be provided by the Engineer-in-Charge at the expense of the contractor
and the expenses may be deducted, from any money due to the contractor,
under this contract or otherwise and/or from his security deposit or the
proceeds of sale thereof, or of a sufficient portions thereof.
32.0 MOBILIZATION OF MEN, MATERIALS AND MACHINERY:

32.1 All expenses towards mobilization at site and de-mobilization including bringing
in equipment, work force, materials, dismantling the equipments, clearing the
site etc. shall be deemed to be included in prices quoted and no separate
payment on account of such expenses shall be entertained.
32.2 The contractor shall mobilise all tools, machinery, equipment, including
installation of Reverse Osmosis plant for timely and safe completion of work as
per applicable quality standards and specifications mentioned in the contract.
The Contractor shall mandatorily install RO plant with all Batching plants
irrespective of the value of project. If RMC is being used at any site, then the
availability of RO plant at RMC plant must be ensured. The contractor shall
ensure un-interrupted supplies of water & electricity at site for construction and
related purposes, and shall obtain temporary water & electricity connections at
its own. For small activities other than concreting, the contractor shall install
water-purification equipment, to bring it in conformity with required quality
standards.
32.3 It shall be the responsibility of the contractor to obtain the approval for any
revision and/or modification desired by him from NBCC before
implementation.

32.4 The procurement and supply in sequence and at the appropriate time of all
materials and consumable shall be entirely the contractor’s responsibilities
and his rates for execution of work shall be inclusive of supply of all these
items.
32.5 It is mandatory for the contractor to provide safety equipments and gadgets to
his all workers, supervisory and Technical staff engaged in the execution of the
work while working. The minimum requirement (but not limited to) shall be
gum boots, safety helmets, Rubber hand gloves, face masks, safety nets,
safety belts, goggles etc. as per work requirements. Sufficient nos. of these
equipments and gadgets shall also be provided to NBCC by the contractor at
his own cost for use of NBCC Officials and/ or workforce while
working/supervision of work at site. No staff/ worker shall be allowed to enter
the site without these equipments/ gadgets.
The cost of the above equipments/ gadgets are deemed to be included in

the rates quoted by the contractor for the items & works as per Bill of
Quantities and contractor shall not be entitled for any extra payment in these
regard. The above norm is to be strictly complied with at site. In case the
contractor is found to be deficient in providing Safety Equipments/ Gadgets in
the opinion of Engineer-in-charge, the Engineer-in-charge at his option can
procure the same at the risk & cost of contractor and provide the same for
the use of worksite and shall make the recoveries from the bills of the
contractor for the same. The contractor shall abide by all rules &
regulations pertaining to Health, Safety and Environment.
32.6 All designs, drawings, bill of quantities, etc., except Bar Bending Schedule,
Shop & Fabrication drawings, for all works shall be supplied to the
contractor for their scope of work all buildings services and development
works by NBCC in phased manner as the works progress. However, it shall
be the duty and responsibility of the contractor to bring to the notice of the
NBCC in writing as to any variation, discrepancy or any other changes required
and to obtain revised drawings and designs and / or approval of the NBCC in
writing for the same.
32.7 One copy of contract documents including drawings furnished to the

contractor shall be kept at the site and the same shall at all reasonable
times be available for inspection.
32.8 All materials, construction plants and equipments etc. once brought by the
contractor within the project area, will not be allowed to be removed from
the premises without the written permission of the Engineer-in-charge.
Similarly, all enabling works built by the contractor for the main construction
undertaken by him, shall not be dismantled and removed without the written
authority of the NBCC.
32.9 Contractor shall have to prepare the Bar Bending Schedule, shop and
fabrication drawings free of cost, if required for any of the items of work.
Five copies of these drawings each including for revision will be submitted
to NBCC for approval. Before executing the item, shop drawings and bar
bending schedule should be approved by NBCC.
32.10 NBCC shall supply Work Force in the various categories to assist the
contractor in execution of the works on recoverable basis as per provision
mentioned elsewhere in the contract.
32.11 All contractors’ plant, machinery and equipment shall be kept in perfect
condition during currency of the contract.

33.0 QUALITY ASSURANCE PROGRAMME
To ensure that the services under the scope of this contract are in
accordance with the specifications, the Contractor shall adopt Quality
Assurance Programme to control such activities at the necessary points.
The contractor shall prepare and finalize such Quality Assurance
Programme within 15 days from date of issue Letter of Award. NBCC shall
also carryout quality audit and quality surveillance of systems and
procedures of Contractor’s quality control activities. A Quality Assurance
Programme of Contractor shall generally cover the following:
a) His organization structure for the management and implementation of the

proposed Quality Assurance Program.
b) Documentation control system.
c) The procedure for purpose of materials and source inspection.
d) System for site controls including process controls.
e) Control of non-conforming items and systems for corrective actions.
f) Inspection and test procedure for site activities.
g) System for indication and appraisal of inspection status.
h) System for maintenance of records.
i) System for handling, storage and delivery.
j) A quality plan detailing out quality practices and procedures, relevant

standards and acceptance levels for all types of work under the scope of
this contract.
All the quality reports (i.e. checklists & registers) shall be maintained
/submitted by the Contractor as per NBCC QA-QC manual. Checklists &
Registers enclosed in the QA-QC manual shall be followed while carrying out
Construction activities (items). If any item is not covered by the
Checklist/Register, the Format for the same may be developed and submitted
to Engineer-in-Charge for approval and the same shall be adopted. These filled
in reports shall be duly signed by representatives of contractor and NBCC. All
the costs associated with Printing of Formats and testing of materials required
as per technical specifications or by Engineer-in-charge shall be included in the
Contractor’s quoted rates in the Schedule/ Bill of quantities.
34.0 CONTRACT COORDINATION PROCEDURES, COORDINATION

MEETINGS AND PROGRESS REPORTING
The Contractor shall prepare and finalize in consultation with NBCC, a detailed
contract coordination procedure within 15 days from the date of issue of Letter
of Award for the purpose of execution of the Contract. The Contractor shall
have to attend all the meetings at any place in India at his own cost with
NBCC, Owners/ Clients or Consultants of NBCC/ Owner/ Client during the
currency of the Contract, as and when required and fully cooperate with such
personal and agencies involved during these discussions. The Contractor shall
not deal in any way directly with the Clients/ Owners or Consultants of
NBCC/Owner/ Clients and any dealing/correspondence if required at any time
with Clients/ Owners/ Consultants shall be through NBCC only. During the
execution of the work, Contractor shall submit at his own cost a detailed

Monthly progress & programme report to the Engineer-in-charge of NBCC by
5th of every month. The format of monthly progress & programme report shall
be as approved by Engineer-in-Charge of NBCC.
34.1 For the contracts having tendered value Rs. 100 Crore and above, the
contractor shall arrange and provide a system of real time monitoring of
project by installing adequate numbers of good quality IP based cameras at all
critical locations of the project having Pan/ Tilt/ Zoom (PTZ) capability duly
integrated with cloud thereby providing facility of accessing photographs
showing progress of construction from anywhere and anytime to monitor the
status of the project.
35.0 COMPLETION CERTIFICATE AND COMPLETION PLANS

35.1 Within ten days of the completion of the work, the contractor shall give
notice of such completion to the Engineer-in-Charge and within thirty days
of the receipt of such notice, the Engineer-in-Charge shall inspect the work
and if there is no defect in the work, RBG/ SBG Head shall furnish the
contractor with a final certificate of completion,
35.2 But no final certificate of completion shall be issued, nor shall the work be
considered to be complete until
(i) the contractor shall have
(a) removed from the premises on which the work shall be executed all
scaffolding, surplus materials, rubbish and all huts and sanitary
arrangements required for his/their work people on the site in
connection with the execution of the works as shall have been erected
or constructed by the contractor(s)
and
(b) cleaned off the dirt from all wood work, doors, windows, walls, floor
or other parts of the building, in, upon, or about which the work is to
be executed or of which he may have had possession for the
purpose of the execution; thereof,
and
(ii) not until the work shall have been measured by the Engineer-in-Charge.
35.3 If the contractor shall fail to comply with the requirements of this Clause
35.2(i) above then,
(A) The Engineer-in-Charge may at the expense of the contractor
(i) remove such scaffolding, surplus materials and rubbish etc.,
and/or
(ii) dispose of the same as he thinks fit and clean off such dirt as
aforesaid,
and,
(B) The contractor shall have no claim in respect of scaffolding or surplus
materials as aforesaid except for any sum actually realized by the sale
thereof less actual cost incurred on removal of materials / debris / malba
etc.
35.4 The Contractor shall responsible for handing over of project including signing of
inventories by the client and shall obtain final work completion certificate in
favour of NBCC (India) Ltd from client in the attached format at Annexure-
4.8A. Necessary support for the same, shall however, be provided by NBCC. No
payment of final bill shall be released to the contractor until final work
completion certificate is obtained from client.

35.5 The contractor shall submit completion plan as required vide General
Specifications for Electrical and other works as applicable within thirty days of
the completion of the work. In case, the contractor fails to submit the
completion plan as aforesaid, he shall be liable to pay a sum equivalent to
2.5% of the value of the work subject to a ceiling of Rs. 25,00,000/- (Rs.
Twenty Five Lakhs only) as may be fixed by the Engineer-in-charge
concerned and in this respect the decision of the Engineer-in-charge shall be
final and binding on the contractor.
36.0 PROHIBITION OF UNAUTHORISED CONSTRUCTION & OCCUPATION
No unauthorized buildings, construction of structures should be put up by

the contractor anywhere on the project site, neither any building built by
him shall be occupied in un-authorized manner by him or his staff.
It shall be the responsibility of the contractor to see that the building under
construction is not occupied by anybody in un-authorized manner during
construction, and is handed over to the Engineer-in-Charge with vacant
possession of complete building. If such building though completed is
occupied illegally, then the Engineer-in-Charge shall have the option to
refuse to accept the said building/buildings in that position. Any delay in
acceptance on this account will be treated as the delay in completion and
for such delay, a levy of compensation upto 5% of tendered value of work
may be imposed by the Engineer-in-Charge whose decision shall be final
both with regard to the justification and quantum and shall be binding on
the contractor.
However, the Engineer-in-Charge, through a notice, may require the

contractor to remove the illegal occupation any time on or before
construction and delivery.
37.0 FORECLOSURE OF CONTRACT BY NBCC/OWNER

If at any time after the commencement of the work the NBCC shall for any
reason whatsoever is required to abandon the work or is not require the
whole work thereof as specified in the tender to be carried out, the
Engineer-in-Charge shall give notice in writing of the fact to the contractor,
who shall have no claim to any payment of compensation whatsoever on
account of any profit or advantage which he might have derived from the
execution of the work in full, but which he did not derive in consequence of
the foreclosure of the whole or part of the works.
38.0 DEFECTS LIABILITY PERIOD

The contractor shall be responsible for the rectification of defects in the
works for a period twenty four ( 24) months from the date of taking over of the
works by the NBCC or clients whichever is later. Any defects discovered and
brought to the notice of the contractor forthwith shall be attended to and
rectified by him at his own cost and expense. In case the contractor fails to
carry out these rectifications, the same may without prejudice to any other
right or remedy available, be got rectified by NBCC at the cost and expense of
the contractor
39.0 SUBLETTING / SUB-CONTRACTING

39.1 The sub-contracting, excluding design work shall be limited to 40% of the
contract value. The value of a sub-contract, other than for design work and
bought out items as and when awarded, should be intimated by the Contractor
to the Engineer-in-Charge and it should also be certified that the cumulative
value of the sub-contracts awarded so far is within the aforesaid limit of 40%.

A copy of the contract between the Contractor and sub-contractor shall be
given to the Engineer-in-Charge within 15 days of signing and in any case not
later than 7 days before the sub-contractor starts the work and thereafter the
Contractor shall not carry any modification without the consent in writing of the
Engineer-in-Charge. The terms and conditions of sub-contracts and the
payments that have to be made to the sub-contractors shall be the sole
responsibility of the contractor. Payments to be made to such sub-contractors
will be deemed to have been included in the contract price of the Contractor.
However, for major sub-contracts (each costing Rs. 50 Lacs or above), it will
be obligatory on the part of the Contractor to obtain consent of NBCC. NBCC
will give its consent after assessing and satisfying itself of the capability,
experience and equipment resources of the sub-contractor. In case NBCC
intends to withhold its consent, then NBCC will inform the Contractor within 15
days to enable the Contractor to make alternative arrangement to fulfil his
programme. Sub-contracting any part of work, however, does not absolve
contractor from his responsibility for quality of final product.
39.2 The contractor may entrust specialist items of works like MEP services, HVAC,
Lifts, Building Management System, Water Proofing, and Data &
Communication networking, interiors, landscaping etc. to the agencies
specialized in the specific trade. The contractor shall give the names and
details of such firm whom it is going to employ for approval of NBCC. These
details shall include the expertise, financial status, technical manpower,
equipment, resources and list of works executed and on hand of the specialist
agency. Further, prior written approval is required from NBCC to deploy such
agency / sub-contractor.
39.3 The terms & conditions applicable to the contractor in respect of the proposed
sub-contract, the same terms & conditions shall be imposed on the sub-
contractor to enable the contractor to comply with his obligations under the
contract with NBCC.
The sub-contractor should fulfill the qualifying criteria for contractor for the
proposed value of sub-contract similarly provided in the NIT of the project.
39.4 Notwithstanding any consent to sub-contract given by the Engineer-in-Charge
if in his opinion it is considered necessary, the Engineer-in-Charge shall have
full authority to order the removal of any sub-contractor from the site or off-
site place of manufacture or storage.
40.0 FORCE MAJEURE
Any delay in or failure to perform of either party, shall not constitute default so
as to give rise to any claim for damages, to the extent such delay or failure to
perform is caused by an act of God, or by fire, explosion, flood or other natural
catastrophe, governmental legislation, orders or regulation etc. Failure of the
client / owner to hand over the entire site and / or release funds for the
project, to NBCC, shall also constitute force majeure. The time for performance
of the obligation by the parties shall be deemed to be extended for a period
equal to the duration of the force majeure event. Both parties shall make their
best efforts to minimize the delay caused by the force majeure event. If the
failure / delay of the client /owner in handing over the entire site and / or in
releasing the funds continues even on the expiry of the stipulated date of
completion, NBCC, may, at the request of the contractor, foreclose the
contract without any liability to either party. In the event of such
foreclosure, the contractor shall not be entitled to any compensation
whatsoever. If prior to such foreclosure the contractor has brought any
materials to the site, the Engineer-in-Charge shall always have the option

of taking over of all such materials at their purchase price or at the local
current rates, whichever is lower.
41.0 NO COMPENSATION CLAUSE
The contractor shall have no claim whatsoever for compensation or idle
charges against NBCC on any ground or for any reason, whatsoever.
42.0 DIRECTION FOR WORKS
42.1 All works under the contract shall be executed under the direction and subject
to approval in all respect of the Engineer-in-Charge of NBCC who shall be
entitled to direct at whatever point or points and in whatever manner works are
to be commenced and executed.
42.2 The Engineer-in-Charge and his representative shall communicate or confirm
their instructions to the contractor in respect of the execution of work during
their site inspection in a ‘Works Site Order Book’ maintained at the site office
of Engineer-in-Charge. The contractor or his authorized representative shall
confirm receipt of such instructions by signing against the relevant orders in
the book.
43.0 WORK IN MONSOON AND RAIN

The execution of the work may entail working in the monsoon also. The
contractor must maintain labour force as may be required for the job and
plan and execute the construction and erection according to the prescribed
schedule. No special/ extra rate will be considered for such work in
monsoon. The contractors’ rate shall be considered inclusive of cost of
dewatering due to rains required if any and no extra rate shall be payable
on this account. The stipulated period for completion of project includes the
monsoon period, holidays & festivals.
44.0 WORK ON SUNDAYS, HOLIDAYS AND DURING NIGHT

For carrying out work on Sunday and Holidays or during night, the
contractor will approach the Engineer-in-Charge or his representative at
least two days in advance and obtain his permission. The Engineer-in-Charge
at his discretion can refuse such permission. The contractor shall have no claim
on this account whatsoever. If work demand, the contractor shall make
arrangements to carry out the work on Sundays, Holidays and in two, three
shifts with the approval of Engineer-in-Charge at no extra cost to NBCC.
45.0 WATER AND ELECTRICITY

The contractor shall make his own arrangement for Water (conforming to
quality /standard prescribed for the particular use that water is brought into) &
Electrical Power for construction and related purposes, make standby
arrangement at his own cost, and pay requisite charges.
46.0 LAND FOR LABOUR HUTS/ SITE OFFICE AND STORAGE

ACCOMMODATION
46.1 The contractor may construct temporary office, storage, accommodation and
labour huts within the site premises where the space is available at site. In
case, where surplus land is not available within the site and/or not permitted
by the client, the contractor shall arrange the land for temporary office,
storage, accommodation and labour huts at his own cost and is responsible for
taking the clearance of local authorities, if required, for setting up/construction
of labour camp and same is deemed to be included in the rates quoted by the
contractor for the works. The contractor shall check the availability of land
before tendering and no claim whatsoever in this regard shall be entertained.

The contractor shall ensure that the area of labour huts is kept clean and
sanitary conditions are maintained as laid down by the local authorities
controlling the area. The land for the above purposes shall be so placed that it
does not hinder the progress of work or access to the worksite. The vacant
possession of the land used, for the purpose shall be given back by contractor
after completion of the work.
The security deposit of the contractor shall be released only after contractor
demolishes all structures including foundations and gives back clear vacant
possession of this land.
46.2 In the event the contractor has to shift his labour campus at any time during
execution of the work on the instructions of local authorities or as per the
requirement of the work progress or as may be required by NBCC, he shall
comply with such instructions at his cost and risk and no claim whatsoever
shall be entertained on this account.
47.0 WATCH, WARD AND LIGHTING OF WORK PLACE

The contractor shall at his own cost take all precautions to ensure safety of
life and property by providing necessary barriers, OBSTRUCTIONS, lights,
watchmen etc. during the progress of work as directed by Engineer-in- charge.
48.0 CEMENT AND CEMENT GODOWN

Cement shall be procured by Contractor confirming to BIS: 8112 and / or BIS:
1489 Specification latest edition or higher Grade as per approved list attached.
The cement shall be procured directly from the reputed manufacturers/
stockiest as per approved list of NBCC. Relevant vouchers and test certificates
will be produced as and when required. The cement shall be stored by the
contractor in such suitable covered and lockable stores, well protected from
climate and atmospheric effects. The cement go-down shall be constructed
by the contractor as per the drawing in CPWD specifications at his own cost.
The cement will remain under double lock, one from NBCC and other from
Contractor. The cement in bags shall be stored in go-downs in easy countable
position. Cement bags shall be used on first in first out basis. Cement stored
for beyond 90 days will be required to be tested at contractors cost, before use
in works.
49.0 STEEL & STEEL STOCKYARD
Steel confirming to BIS specifications (latest edition) shall be procured by the

contractor directly from reputed manufacturers/producers as per approved list
of NBCC. Relevant vouchers & test certificates will be produced by the
contractor. Reinforcement steel, structural steel shall be stored and stacked in
such manner so as to facilitate easy identification, removal etc. The
contractor shall take proper care to prevent direct contact between the steel
and the ground/water for which he shall provide necessary arrangement at his
own cost including ensuring proper drainage of area to prevent water logging
as per directions of the Engineer-in-Charge. Steel shall also be protected, by
applying a coat of neat cement slurry over the bars for which no extra payment
shall be made. Test certificates for each consignment of steel shall be furnished
and tests to be got carried out from the authorized laboratory as per the
directions of Engineer-in-Charge, before incorporating the materials in the
work.
50.0 BITUMEN WORK
The contractor shall collect the total quantity of tar or bitumen required for
the work as per standard formula, before the process of painting started

and shall hypothecate it to the Engineer-in-Charge. Although the materials
are hypothecated to NBCC the Contractor undertakes the responsibility for
their proper watch, safe custody and protection against all risks. The
materials shall not be removed from site of work without the written consent of
the Engineer-in-charge.
If any bitumen or tar remains unused on completion of the work on account of
lesser use of materials in actual execution for reasons other than authorized
changes of specifications and abandonment of portion of work, a corresponding
deduction equivalent to the cost of unused materials as determined by the
Engineer-in-Charge shall be made and the material return to the contractors.
51.0 SCHEDULE OF QUANTITIES / BILL OF QUANTITIES
The quantities shown against the various items of work are only
approximate quantities which may vary as per the actual requirement at
site. No item which is not covered in the bill of quantities shall be executed
by the Contractor without the approval of the NBCC. In case any
Extra/Substituted item is carried out without specific-approval, the same
will not be paid.
52.0 WATER PROOF TREATMENT AND ANTI-TERMITE TREATMENT
52.1 The water proof treatment shall be of type and specifications as given in
the schedule of quantities and/or specifications/ design-basis-report mentioned
in tender documents.
52.2 The water-proofing treatment of basement, roofs, water retaining areas and
termite infestation shall be and remain fully effective for a period of not
less than 10(Ten) years to be reckoned from the date of expiring of the
Defect Liability period, prescribed in the contract. At any time during the
said guarantee period if NBCC finds any defects in the said treatment or
any evidence of re- infestation, dampness, leakage in any part of buildings or
structure and notifies the contractor of the same, the contractor shall be liable
to rectify the defect or give re-treatment and shall commence the work or
such rectification or re-treatment within fifteen days from the date of issue
of such letter to him. If the contractor fails to commence such work within
the stipulated period, the NBCC may encash the Bank Guarantee submitted by
the contractor in this regard and get the same done by another agency and the
decision of the Engineer-in-Charge of NBCC shall be final and binding upon
him.
52.3 Re-treatment if required shall be attended to and carried out by the
Contractor within fifteen days of the notice from Engineer-in-Charge of
NBCC.
52.4 The NBCC reserves the right to get the quality of treatment checked in
accordance with recognized test methods and in case it is found that the
chemicals with the required concentration and rate of application have not
been applied, or the water proofing treatment is not done as per specifications,
the contractor will be required to do the re-treatment in accordance with the
required concentration & specifications at no extra cost failing which no
payment for such work will be made. The extent of work thus rejected shall be
determined by NBCC.
52.5 Water proofing and Anti-termite treatment shall be got done through approved
/ specialized agencies only with prior approval of Engineer-in-Charge.
52.6 The contractor shall make such arrangement as may be necessary to safe
guard the workers and residents of the building against any poisonous effect of
the chemicals used during the execution of the work.

52.7 During the execution of work, if any damage shall occur to the treatment
already done, either due to rain or any other circumstances, the same shall be
rectified and made good to the entire satisfaction of Engineer-In-Charge by the
contractor at his cost and risk.
52.8 The contractor shall make his own arrangement for all equipments required for
the execution of the job. The contractor whose tender is accepted shall submit
a Bank Guarantee for a sum equivalent to Fifty per cent (50%) of the
approximate cost of waterproofing work and anti-termite treatment as
mentioned in Annexure 1 of the NIT, valid for five years from the expiry of
Defect Liability Period. In addition, a Guarantee Bond on plain paper valid for
10 years from the expiry of defect liability period would also be submitted by
the contractor. Security Deposit will be released only after submission of above
mentioned Bank Guarantee and Guarantee Bond.
53.0 INDIAN STANDARDS
Wherever any reference is made to any IS in any particular specifications,
drawings or bill of quantities, it means the Indian Standards editions with
up to date amendments issued till last date of receipt of tender documents.
53.1 Use of Recycled Aggregate for Concrete at the Project:

The Contractor shall use Recycled aggregate (RA) and Recycled concrete
aggregate (RCA) i.e. manufactured aggregate and other recycled products such
as screened soil, manufactured sand, brick sub-base, concrete bricks, pavers,
tiles etc from construction and demolition (C&D) waste, if available within 100
Km. from site of the work, in lean concrete, PCC and RCC and other related
works at the project as per the guidelines specified in IS:383: 2016. He shall
also maintain a separate record regarding quantum of recycled aggregate/
products used in the project.
The contractor shall execute the project in such a manner that the quantity of
‘products made from recycled C&D waste’ specified in “Annexure – 1” of the
GCC (Contracting) (i.e. Memorandum to NIT) will be necessarily used in
construction. In case the contractor fails to use the specified quantity of
‘products made from recycled C&D waste’, a penalty of Rs. 250 per MT of the
shortfall will be levied on the contractor.
In situations where the prescribed quantity cannot be utilized by the contractor
for reasons beyond his control, then the Engineer In-charge can waive-off the
penalty for the shortfall.
53.2 Use of Fly Ash Products

As per MOE&F guidelines, the contractor shall use Fly Ash products such as
cement, concrete, bricks, blocks, tiles etc. or similar products or a combination
or aggregate of them for the projects fall within the radius of 300 kms from a
coal or lignite based thermal power plant.
54.0 CENTERING & SHUTTERING

Marine plywood or steel plates or any material mentioned elsewhere in the
tender document or as approved by Engineer-in-Charge shall be used for
formwork. The shuttering plates shall be cleaned and oiled before every
repetition and shall be used only after obtaining approval of NBCC’s Engineers
at site. The number of repetitions allowed for plywood and steel shuttering
shall be at the discretion of Engineer-in-Charge of NBCC depending upon the
condition of shuttering surface after each use and the decision of Engineer-in-
Charge in this regard shall be final and binding on the contractor. No claim
whatsoever on this account shall be admissible.

55.0 RECORDS OF CONSUMPTION OF CEMENT & STEEL
55.1 For the purpose of keeping a record of cement and steel received at site
and consumed in works, the contractor shall maintain a properly bound
register in the form approved by the NBCC, showing columns like quantity
received and used in work and balance in hand etc. This register shall be
signed daily by the contractor’s representative and NBCC’s representative.
55.2 The register of cement & steel shall be kept at site in the safe custody of
NBCC’s Engineer during progress of the work. This provision will not,
however, absolve the contractor from the quality of the final product.
55.3 In case cement or steel quantity consumed is lesser as compared to the

theoretical requirement of the same as per MORTH/CPWD (as the case
may be) specifications/ norms, the work will be devalued and/ or a penal
rate (i.e. double the rate at which cement/ steel purchased last) recovery
for lesser consumption of cement/ steel shall be made in the item rates of
the work done subject to the condition that the tests results fall within the
acceptable criteria as per MORTH/CPWD (as the case may be) specifications
otherwise the work shall have to be dismantled and redone by the contractor at
no extra cost. In case of cement, if actual consumption is less than 98% of the
theoretical consumption, a recovery shall be Effected from the contractors’ bills
at the penal rate for the actual quantity which is lower than 98% of theoretical
consumption.
56.0 TESTS AND INSPECTION

56.1 The contractor shall carry out the various mandatory tests as per
specifications and the technical documents that will be furnished to him
during the performance of the work. All the tests on materials, as
recommended by CPWD, MORTH and relevant Indian Standard Codes or
other standard specifications (including all amendments current at the last
date of submission of tender documents) shall be got carried out by the
contractor at the field testing laboratory or any other recognized
institution/ laboratory, at the direction of the NBCC. All testing charges,
expenses etc. shall be borne by the contractor. All the tests, either on the
field or outside laboratories concerning the execution of the work and supply of
materials shall be got carried out by the contractor or NBCC at the cost of the
Contractor.
57.0 WORKS TO BE OPEN TO INSPECTION

All works executed or under the course of execution in pursuance of this
contract shall at all times be open to inspection and supervision of the NBCC.
The contractor shall provide safe and approachable access to the site/structure
for inspections including installation of inspection lifts where the height of the
building /structure is 25m or more. The expenditure incurred towards
installation of inspection lifts is to be borne by the contractor and is deemed to
be included in contractor’s bid amount.
The work during its progress or after its completion may also be
inspected, by Chief Technical Examiner of Government of India (CTE) and/
or an inspecting authority of State Government of State in which work is
executed and/or by third party checks by owner/ clients. The compliance
of observations/improvements as suggested by the inspecting officers of
NBCC/CTE/ State authorities/ Owners shall be obligatory on the part of the
Contractor at the cost of contractor.

58.0 BORROW AREAS
The contractor shall make his own arrangements for borrow pits and borrow
disposal areas including their approaches and space for movement of man,
machinery, other equipments as required for carrying out the works. The
contractor shall be responsible for taking all safety measures, getting approval,
making payment of royalties, charges etc. and nothing extra shall be paid to
the contractor on this account and unit rates quoted by the contractor for
various items of bill of quantities shall deemed to include the same.
59.0 CARE OF WORKS

From the commencement to the completion of works and handing over,
the contractor shall take full responsibility for care thereof all the works
and in case of any damage/loss to the works or to any part thereof or to
any temporary works due to lack of precautions or due to negligence on
part of Contractor, the same shall be made good by the Contractor.
60.0 CO-ORDINATION WITH OTHER AGENCIES

Work shall be carried out in such a manner that the work of other
Agencies operating at the site is not hampered due to any action of the
Contractor. Proper Co-ordination with other Agencies will be Contractor’s
responsibility. In case of any dispute, the decision of NBCC shall be final
and binding on the contractor. No claim whatsoever shall be admissible on
this account.
61.0 SETTING OUT OF THE WORKS

The contractor shall be responsible for the true and proper setting out of
the works and for the correctness of the position, levels, dimensions and
alignment of all parts of the works. If at any time during the progress of
works, shall any error appear or arise in the position, levels, dimensions or
alignment of any part of the works, the contractor shall at his own
expenses rectify such error to the satisfaction of Engineer-in-charge. The
checking of any setting out or of any line or level by the engineers of NBCC
shall not in any way relieve the contractor of his responsibility for the
correctness.
62.0 NOTICE BEFORE COVERING UP THE WORK

The contractor shall give not less than seven day notice before covering
up or otherwise placing beyond the reach of measurement any work, to
the Engineer-in-charge in order that the same may be inspected and
measured. If any work is covered up or placed beyond the reach of
inspection/measurement without such notice or his consent being
obtained the same shall be uncovered at the contractor expenses and he
shall have to make it good at his own expenses.
63.0 SITE CLEARANCE

63.1 The contractor shall ensure that the working site is kept clean and free of
obstructions for easy access to job site and also from safety point of view.
Before handing over the work to the NBCC the contractor shall remove all
temporary structures like the site offices, cement go-down, stores, labour
hutments etc., scaffolding rubbish, debris etc. left over materials tools and
plants, equipments etc., clean the site to the entire satisfaction of the
Engineer-in-charge. If this is not done the same will be got done by NBCC
at his risk and cost.

63.2 The contractor shall clean all floors, remove cement/ lime/ paint drops and
deposits, clean joinery, glass panes etc., touching all painter’s works and
carry out all other necessary items of works to make the premises clean
and tidy before handing over the building, and the rates quoted by the
contractor shall be deemed to have included the same.
64.0 SET-OFF OF CONTRACTOR’S LIABILITIES

NBCC shall have the right to deduct or set off the expenses incurred or
likely to be incurred by it in rectifying the defects and/or any claim under
this agreement against the Contractor from any or against any amount
payable to the contractor under this agreement including security deposit
and proceeds of performance guarantee.
65.0 POSSESSION PRIOR TO COMPLETION

65.1 NBCC shall have the 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 any acceptance of any work not completed in
accordance with the contract agreement. If such prior possession or use
by NBCC delays the progress of work an equitable adjustment in the time
of completion will be made and the contract agreement shall be deemed
to be modified accordingly. The decision of NBCC in such case shall be final
binding and conclusive.
65.2 When the whole of the works or the items or the groups of items of work
have been completed the contractor will give a notice to that effect to the
Engineer in writing. The Engineer shall within 7 days of the date of receipt
of such notice inspect the works and give instructions in writing to the
contractor specifying the balance items of work which are required to be
done by the contractor and shall also notify the contractor of any defect in
the works affecting completion.
65.3 The contractor shall during the course of execution prepare and keep updated a
complete set of ‘as built’ drawings to show each and every change from the
contract drawings, changes recorded shall be countersigned by the Engineer-
in-Charge and the contractor. Four copies of ‘as built’ drawings shall be
supplied to NBCC by the contractor within 30 days of the completion. All costs
incurred in this respect shall be borne by the contractor.
66.0 EMPLOYMENT OF PERSONNEL

66.1 The contractor shall employ only Indian Nationals as his representatives,
servants and workmen after verifying their antecedents and loyalty. He
shall ensure that no personnel of doubtful antecedents and any other
nationality in any way is associated with the works.
66.2 In case NBCC observed misconduct negligence or incompetence etc. on the

part of any representative, agent, servant and workmen or employees etc.
Of the contractor, the NBCC shall have full power and without giving any
reason to the contractor, instruct the contractor to remove such engineer /
staff / worker from site and provide suitable replacements. The decision of
the Engineer-in-charge shall be final and binding on the contractor. The
contractor shall not be allowed any compensation on this account.
67.0 TECHNICAL STAFF FOR WORK

67.1 The contractor shall employ at his cost the adequate number of technical
staff during the execution of this work depending upon the requirement of

work. For this purpose, the numbers to be deployed, their qualification,
experience as decided by NBCC shall be final and binding on contractor.
The contractor shall not be entitled for any extra payment in this regard.
The technical staff should be available at site, whenever required by NBCC
to take instructions.
67.2 Within 15 days of Letter of Award, the contractor shall submit a site
organisational chart and resume including details of experience of the Project-
in-Charge and other staff proposed to be deputed by him and the
technical team shall be deputed by them on the Project after getting approval
from Engineer-in-Charge. If desired by the contractor at later date, the
Project-in-Charge and other staff whose resume is approved by NBCC can
be replaced with prior written approval of NBCC and replacement shall be
with equivalent or superior candidate only. Decision of Engineer-in-Charge
shall be final and binding on the contractor.
67.3 Even after approving the site organizational chart, the Engineer-in-Charge
due to technical reasons and exigency of work can direct the contractor to
depute such additional staff as in view of Engineer-in-Charge is necessary
and having qualification and experience as approved by the Engineer-in-
Charge. The removal of such additional staff from the site shall only be
with the prior written approval of Engineer-in-Charge. The contractor shall not
be paid anything extra whatsoever on account of deployment of
additional staff and decision of the Engineer-in-Charge shall be final and
binding on the contractor.
67.4 In case the contractor fails to employ the staff as aforesaid he shall be liable to
pay a reasonable amount not exceeding a sum of Rs.50,000 (Rupees Fifty
Thousand only) for each month of default in the case of each person. The
decision of the Engineer-in-charge as to number of Technical Staff to be
adequate for the project and the period for which the desired strength of
technical staff was not employed by the contractor and as to the
reasonableness of the amount to be deducted on this account shall be final and
binding on the contractor as to the amount and the contractor’s liability to pay
the said amount.
68.0 VALUABLE ARTICLES FOUND AT SITE

All gold, silver and other minerals of any description and all precious stones,
coins, treasure, relics, antiques and all other similar things which shall be found
in, under or upon the site, shall be the property of the owner/ NBCC.
69.0 MATERIALS OBTAINED FROM DISMANTLEMENT TO BE OWNER’S

PROPERTY
All materials like stone, boulders and other materials obtained during the
work of dismantling, excavation etc. will be considered NBCC/owner
property and such materials shall be disposed-off to the best advantage of
NBCC/owner according to the instructions in writing issued by the
Engineer-in-charge.
70.0 FURNISHED OFFICE ACCOMMODATION & MOBILITY

COMMUNICATION TO BE ARRANGED BY CONTRACTOR
70.1 On acceptance of tender, the contractor at his own cost will preferably
construct Pre-engineered/ Porta cabin’s office at site suitably equipped with
basic facilities like electricity and drinking water supply and vehicle for the

supervisory staff with driver as per the requirement of the project. However,
the above may not be required for: -
a) Projects with contract value up to Rs. 25 crore; and
b) For specialised projects/ works like Waterproofing, HVAC, Lifts etc. of
any contract value
The contractor shall maintain the aforesaid facilities intact/operational during
the tenancy of the contract or maximum up to 6 months beyond the stipulated
contractual completion date if the work is delayed due to any reasons.
Operation and maintenance cost on the above facilities shall be borne by the
contractor.
70.2 The contractor shall also make sufficient arrangement for photography/
videography so that photographs video can be taken of any specific activity at
any point of time. The contractor shall also make arrangement of software like
MS Project etc. for the purpose of preparing progress report etc.
70.3 The contractor shall make all arrangements for ground breaking
ceremony/inaugural function etc. for the project as required and the cost
towards it deemed to be included in his rates/offer. Any expenditure already
incurred/to be incurred by NBCC, shall be recovered from the contractor.
71.0 UTILISATION OF WORK FORCE OF NBCC BY THE CONTRACTOR

71.1 NBCC shall provide skilled/semi –skilled workmen like office assistant/ work
supervisors, work masons, wiremen, plumbers, operators etc., or any other
category to assist the contractor in execution of works at the fixed recovery
rates as mentioned in the “Memorandum(Annexure – I)” against each work
force.
71.2 NBCC shall deploy the work force as per table below. The recovery shall be
effected for the period for which NBCC workforce is actually deployed during
stipulated time of completion including extended period, if any.
71.3 The recovery amount as per 71.2 above on account of deployment of work
force of NBCC shall not exceed the amount equivalent to the maximum
number of workforce as per table below for the stipulated time of
completion of the project.
S.No. Value of the project as per estimated Maximum Number of

cost put to tender (Rs. In crores) work force of various
categories
1. Above Rs.5 crore upto 15 crore 01
7. Above Rs.500 crore 30
71.4 Recoveries of the actual work force provided by NBCC as stated above will
be made by NBCC from the monthly running account bills. The contractor
shall deploy such work force on the execution of the works as per their
trades.
71.5 Further, the monthly rate per work force is for the purpose of recovery only
and in no way shall be construed to be the rate applicable for working out
analysis, justification of rates, extra items, claims etc.

72.0 PROVIDING PLANTATION OF TREES AT PROJECT SITE AND
MAINTENANCE OF THE SAME UPTO DEFECT LIABLITY PERIOD
The contractor at his own cost shall plant Trees including Ornamental of height
not less than 05 ft. of different varieties at the project site or in any specified
area within the radius of 20kms from the project site, if the space is not
available at the project site, with the approval of Engineer in charge within 6
months from the handing over of site to the contractor by NBCC. The
contractor shall maintain the same in healthy condition up to defect liability
period. Numbers of trees/plants are given below:
S.NO. Value of the project as per Number of Trees /

agreement Plant of various
(Rs. In crores) categories
1 Above Rs.25 crore to 100 crore 5 trees for each Rs.1
Crore value
2 Above Rs.100 crore to 300 crore 500 trees plus 2 trees for
each Rs.1 Crore
value above
Rs.100 Crores
3 Above Rs.300 crore to any value 900 trees plus 1 tree for
each Rs.1 Crore value
above Rs.300 Crores
Note: In case of change in layout/fouling with facilities/structure, the same

may be replanted & their survival growth shall be ensured by the Contractor.
73.0 LABOUR LAWS

73.1 LABOUR LAWS TO BE COMPLIED BY THE CONTRACTOR
The contractor shall obtain a valid license under the contract labour
(Regulation & Abolition) Act 1970 and the contract labour Act (Regulation &
Abolition) Central Rules 1971 and amended from time to time, and
continue to have a valid license until the completion of the work including
defect liability period.
The contractor shall also comply with the provisions of the building and
other Construction Workers (Regulation of Employment & Conditions of
Service) Act, 1996 and the building and other Construction Workers Welfare
Cess Act, 1996.
The contractor shall not engage any labour below the age of 18 under any
circumstances. The provisions under Child Labour (Prohibition and Regulation)
Amendment Act. 2016 should be strictly adhered to. In case of any non-
compliance to the requirements of Labour laws, the contractor shall be liable
for all consequences or any penalty imposed in this regard.
The contractor shall also declare in each running bill that he has not engaged
any labour below the age of 18 in the project.
The Contractor shall ensure that all the skilled workers hired/ employed/
deployed at the project shall be certified through “Recognition of Prior Learning
(RPL)” program and if not already certified then, he will get all the skilled
workers certified through “Recognition of Prior (RPL)” program within two
months from the date of commencement of work or from the date of hiring the
workers at his own cost.

Any failure to fulfil above requirement shall attract the penal provisions of this
contract arising out the resultant for non-execution of the work before the
commencement of work.
73.2 Payment of wages:

(i) The contractor shall pay to labour employed by him either directly or
through subcontractors, wages not less than fair wages as defined in the
NBCC Contractor’s Labour Regulations or as per the provisions of the
Contract Labour (Regulation and Abolition) Act, 1970 and the contract
Labour (Regulation and Abolition) Central Rules, 1971, wherever
applicable.
(ii) The contractor shall, notwithstanding the provisions of any contract to the
contrary, cause to be paid fair wage to labour indirectly engaged on the
work, including any labour engaged by his sub-contractors in connection
with the said work, as if the labour had been immediately employed by
him.
(iii) The contractor shall transfer/ credit the wages/salary of all

labourers/workers preferably in their bank accounts. He shall be
responsible for opening of bank accounts of all labourers/workers
employed by the contractor at work site in this regard.
(iv) In respect of all labour directly or indirectly employed in the works for
performance of the contractor’s part of this contract, the contractor shall
comply with or cause to be complied with the NBCC contractor’s Labour
Regulations in regard to payment of wages, wage period, deductions from
wages recovery of wages not paid and deductions unauthorisedly made,
maintenance of wage books or wage slips, publication of scale of wages
and other terms of employment, inspection and submission of periodical
returns and all other matters of the like nature or as per the provisions of
the Contract Labour (Regulation and Abolition) Act, 1970, and the Contract
Labour (Regulation and Abolition) Central Rules, 1971, wherever
applicable.
(v) (a) The Engineer-in-Charge concerned shall have the right to deduct from
the moneys 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-fulfilment of the conditions of the contract for the
benefit of the workers, non-payment of wages or of deductions made
from his or their wages which are not justified by their terms of the
contract or non-observance of the Regulations.
(b) Under the provision of Minimum Wages (Central) Rules, 1950, the
contractor is bound to allow to the labours directly or indirectly
employed in the works one-day rest for 6 days continuous work and
pay wages at the same rate as for duty. In the event of default, the
Engineer-in-Charge shall have the right to deduct the sum or sums not
paid on account of wages for weekly holidays to any labours and pay
the same to the persons entitled thereto from any money due to the
contractor by the Engineer-in-Charge concerned
(vi) The contractor shall comply with the provisions of the Payment of Wages
Act, 1936, Minimum Wages Act, 1948/ Code on Wages, 2019, Employees
Liability Act, 1938, Workmen’s Compensation Act, 1923, Industrial
Disputes Act, 1947, Maternity Benefits Act, 1961, and the Contractor’s
Labour (Regulation and Abolition) Act 1970, or the modifications thereof

or any other laws relating thereto and the rules made there under from
time to time.
(vii) The contractor shall indemnify and keep indemnified NBCC against
payments to be made under and for the observance of the laws aforesaid
and the NBCC Contractor’s Labour Regulations without prejudice to his
right to claim indemnity from his sub-contractors.
(viii) The laws aforesaid shall be deemed to be a part of this contract and any
breach thereof shall be deemed to be a breach of this contract.
73.3 LABOUR SAFETY PROVISION

The contractor shall be fully responsible to observe the labour safety
provisions:
The contractor shall at his own cost take all precautions to ensure safety of
life and property by providing necessary barriers, lights, watchmen etc.
During the progress of work as directed by Engineer-in- charge
In case of all labour directly or indirectly employed in work for the

performance on the contractor’s part of this contract, the contractor shall
comply with all rules framed by Govt. from time to time for the protection
of health and sanitary arrangements for workers.
73.4 OBSERVANCE OF LABOUR LAWS

73.4.1 The contractor shall be fully responsible for observance of all labour laws
applicable including local laws and other laws applicable in this matter and
shall indemnify and keep indemnified NBCC against effect or non-observance
of any such laws. The contractor shall be liable to make payment to all its
employees, workers and sub-contractors and make compliance with labour
laws. If NBCC or the client/ owner is held liable as “Principal Employer” to pay
contributions etc. under legislation of Government or Court decision in respect
of the employees of the contractor, then the contractor would reimburse the
amount of such payments, contribution etc. to NBCC and/ or same shall be
deducted from the payments, security deposit etc. of the contractor.
73.4.2 The Contractor shall submit proof of having valid EPF registration certificate.
He shall within 7 days of the close of every month, submit to NBCC a
statement showing the recoveries of contributions in respect of each
employee employed by or through him and shall furnish to NBCC such
information as the NBCC is required to furnish under the provisions of para 36
B of the EPF scheme 1952 to the EPF authorities and other information
required by EPFO authorities from time to time. He shall also submit a copy of
challan every month in token of proof of having deposited the subscription
and contribution of workers engaged on the project.
The contractor shall also ensure the compliance of EPF & MP Act, 1952 by the
sub-contractors, if any, engaged by the contractor for the above said work.
The contractor shall submit affidavit to indemnify and save harmless the
Corporation from and against all actions, suits, proceedings, losses, costs,
damages, charges, claims and demands of every nature and description
brought or recovered against the Corporation by reasons of any act or
omission of the Contractor, his agents or employees in connection with
complying the provisions of the Employees Provident Fund & Miscellaneous
Provisions Act, 1952 as amended from time to time. All sums payable by way
of compensation / penalty / damages / interest on the outstanding amounts
payable by the Contractor shall be considered as reasonable and be payable
by the Contractor to the Corporation immediately and if the Contractor does

not pay the amount immediately the same will be deducted from the security
deposit or earnest money or any other amount available with the Corporation
or any money payable to the Contractor by the Corporation.
Contractor should submit a Compliance Certificate along with the details of
employees and recoveries made to the NBCC (INDIA) LIMITED as per the
proforma (Section-5) mentioned in every bill as per the provisions of the EPF
and ESI Act as amended from time to time.
73.4.3 The Contractor shall submit proof of having valid ESI registration for
Construction site workers located in the ESI implemented areas for every
construction site worker before his/her engagement on the NBCC site of
works as per requirement of ESI act, 1948 amended upto date and rules
made there under.
The contractors are required to ensure that in ESI implemented areas, every
construction site worker has been registered online and they are required to
ensure that these workers and their families have got their photography and
capturing of biometrics at nearest ESIC branch office and got their respective
Pehchan cards (from ESIC office) issued for extension of ESI benefits to all
the engaged construction site workers.
The contractors are required to submit proof of having registered / got issued
Pehchan cards in respect of every Construction site worker in ESI
implemented areas before engagement on NBCC site of works.
The contractors are required to comply with all the relevant provisions of ESI
act, 1948 as amended from time to time and deposit of his contribution as
may be required under the above said act to the ESI authorities at required
intervals / time of deposit and submit the proof to NBCC.
The contractor shall at all times indemnify NBCC and Owner against all claims,
damages or compensation under the provision of ESI Act, 1948 or any
modifications thereof or as consequence of any accident or injury to any
workman or other persons in or about the works, whether in the employment
of the contractor or not, against all costs, charges and expenses of any suit,
action or proceedings arising out of such incident or injury and against all sum
or sums which may with the consent of the contractor be paid to compromise
or Compound any such claim.
73.5 MINIMUM WAGES ACT

The contractor shall comply with all the provisions of the minimum wages
Act, 1948 Code on Wages, 2019, contract labour Act (Regulation & Abolition)
1970, and rules framed there under and other labour laws/local laws
affecting contract labour that may be brought into force from time to time.
73.6 LABOUR RECORDS

The contractor shall submit by the 4th & 19th of every month to the
Engineer-in-Charge of NBCC a true statement, showing in respect of the
second half of the proceeding month and the first half of the current month,
respectively, of the following data:
a) The number of the labour employed by him (category-wise).
b) Their working hours.
c) The wages paid to them.

d) The accidents that occurred during the said fortnight showing the
circumstances under which they happened and the extent of damage and
injury caused.
e) The number of female workers who have been allowed Maternity Benefits
and the amount paid to them.
f) Any other information required by Engineer-in-Charge
Failing which the contractor shall be liable to pay to NBCC, a sum not
exceeding Rs.200/- for each default or materially incorrect statement. The
decision of the NBCC shall be final in deducting from any bill due to the
contractor; the amount levied as fine and is binding on the contractor.
73.7 In respect of all labour directly or indirectly employed in the works for the
performance of the contractor’s part of this contract, the contractor shall
comply with or cause to be complied with all the rules framed by
Government from time to time for the protection of health and sanitary
arrangements for workers employed by the NBCC and its contractors.
73.8 Leave and pay during leave shall be regulated as follows: -
1. Leave:
(i) In the case of delivery - maternity leave not exceeding 8 weeks, 4 weeks up
to and including the day of delivery and 4 weeks following that day,
(ii) In the case of miscarriage –upto 3 weeks from the date of miscarriage.
2. Pay:
(i) in the case of delivery - leave pay during maternity leave will be at the rate
of the women’s average daily earnings, calculated on total wages earned on
the days when full time work was done during a period of three months
immediately preceding the date on which she gives notice that she expects
to be confined or at the rate of Rupee one only a day whichever is greater.
(ii) In the case of miscarriage - leave pay at the rate of average daily earning
calculated on the total wages earned on the days when full time work was
done during a period of three months immediately preceding the date of
such miscarriage.
3. Conditions for the grant of Maternity Leave:
No maternity leave benefit shall be admissible to a woman unless she has

been employed for a total period of not less than six months immediately
preceding the date on which she proceeds on leave.
4. The contractor shall maintain a register of Maternity (Benefit) in the

Prescribed Form and the same shall be kept at the place of work.
73.9 In the event of the contractor(s) committing a default or breach of any of

the provisions of the NBCC’s Labour Regulations and Model Rules for the
protection of health and sanitary arrangements for the workers as
amended from time to time or furnishing any information or submitting or
filing any statement under the provisions of the above Regulations and’
Rules which is materially incorrect, he/they shall, without prejudice to any

other liability, pay to NBCC a sum not exceeding Rs.200/- for every default,
breach or furnishing, making, submitting, filing such materially
incorrect statements and in the event of the contractor(s) defaulting
continuously in this respect, the penalty may be enhanced to Rs.200/- per
day for each day of default subject to a maximum of 5 per cent of the
estimated cost of the work put to tender. The decision of the Engineer-in-
Charge shall be final and binding on the parties.
Should it appear to the Engineer-in-Charge that the contractor(s) is/are not

properly observing and complying with the provisions of the NBCC
Contractor’s Labour Regulations and Model Rules and the provisions of the
Contract Labour (Regulation and Abolition) Act 1970, and the Contract Labour
(R&A) Central Rules 1971, for the protection of health and sanitary
arrangements for work-people employed by the contractor(s) (hereinafter
referred as “the said Rules”) the Engineer-in-Charge shall have power to
give notice in writing to the contractor(s) requiring that the said Rules be
complied with and the amenities prescribed therein be provided to the
work-people within a reasonable time to be specified in the notice. If the
contractor(s) shall fail within the period specified in the notice to comply
with and/observe the said Rules and to provide the amenities to the work-
people as aforesaid, the Engineer-in-Charge shall have the power to provide
the amenities hereinbefore mentioned at the cost of the contractor(s). The
contractor(s) shall erect, make and maintain at his/their own expense and to
approved standards all necessary huts and sanitary arrangements required
for his/their work-people on the site in connection with the execution of the
works, and if the same shall not have been erected or constructed, according
to approved standards, the Engineer-in-Charge shall have power to give notice
in writing to the contractor(s) requiring that the said huts and sanitary
arrangements be remodeled and/or reconstructed according to approved
standards, and if the contractor(s) shall fail to remodel or reconstruct such huts
and sanitary arrangements according to approved standards within the period
specified in the notice, the Engineer-in-Charge shall have the power to remodel
or reconstruct such huts and sanitary arrangements according to approved
standards at the cost of the contractor(s).
73.10 The contractor(s) shall at his/their own cost provide his/their labour with a
sufficient number of huts (hereinafter referred to as the camp) of the
following specifications on a suitable plot of land to be approved by the
Engineer-in-Charge.
(i) (a) The minimum height of each hut at the eaves level shall be 2.10m (7 ft.)
and the floor area to be provided will be at the rate of 2.7 sq.m. (30
sq.ft.) for each member of the worker’s family staying with the labourer.
(b) The contractor(s) shall in addition construct suitable cooking places

having a minimum area of 1.80m x 1.50m (6’x5') adjacent to the hut
for each family.
(c) The contractor(s) shall also construct temporary latrines and urinals for
the use of the labourers each, on the scale of not less than four per
each one hundred of the total strength, separate latrines and urinals
being provided for women.
(d) The contractor(s) shall construct sufficient number of bathing and

washing places, one unit for every 25 persons residing in the camp.
These bathing and washing places shall be suitably screened.

(ii) (a) All the huts shall have walls of sun-dried or burnt-bricks laid in mud
mortar or other suitable local materials as may be approved by the
Engineer-in-Charge. In case of sun-dried bricks, the walls should be
plastered with mud gobri on both sides. The floor may be kutcha but
plastered with mud gobri and shall be at least 15 cm (6") above the
surrounding ground. The roofs shall be laid with thatch or any other
materials as may be approved by the Engineer-in-Charge and the
contractor shall ensure that throughout the period of their occupation,
the roofs remain water-tight.
(b) The contractor(s) shall provide each hut with proper ventilation.
(c) All doors, windows, and ventilators shall be provided with suitable
leaves for security purposes.
(d) There shall be kept an open space of at least 7.2m (8 yards) between
the rows of huts which may be reduced to 6m (20 ft.) according to the
availability of site with the approval of the Engineer-in-Charge. Back to
back construction will be allowed.
(iii) Water Supply - The contractor(s) shall provide adequate supply of water
for the use of labourers. The provisions shall not be less than two gallons
of pure and wholesome water per head per day for drinking purposes and
three gallons of clean water per head per day for bathing and washing
purposes. Where piped water supply is available, supply shall be at stand
posts and where the supply is from wells or river, tanks which may be of
metal or masonry, shall be provided. The contractor(s) shall also at his/
their own cost make arrangements for laying pipe lines for water supply
to his/ their labour camp from the existing mains wherever available, and
shall pay all fees and charges thereof.
(iv) The site selected for the camp shall be high ground, removed from jungle.
(v) Disposal of Excreta- The contractor(s) shall make necessary arrangements

for the disposal of excreta from the latrines by trenching or incineration
which shall be according to the requirements laid down by the Local
Health Authorities. If trenching or incineration is not allowed, the
contractor(s) shall make arrangements for the removal of the excreta
through the Municipal Committee/authority and inform it about the
number of labourers employed so that arrangements may be made by
such Committee/authority for the removal of the excreta. All charges on
this account shall be borne by the contractor and paid direct by him to
the Municipality/authority. The contractor shall provide one sweeper for
every eight seats in case of dry system.
(vi) Drainage - The contractor(s) shall provide efficient arrangements for

drainage away sullage water so as to keep the camp neat and tidy.
(vii) The contractor(s) shall make necessary arrangements for keeping the
camp area sufficiently lighted to avoid accidents to the workers.
(viii) Sanitation - The contractor(s) shall make arrangements for conservancy

and sanitation in the labour camps according to the rules of the Local
Public Health and Medical Authorities.
74.0 LABOUR CESS

The rates of the contractor shall be inclusive of labour cess. NBCC shall make a
recovery @ 1% on account of labour cess from each RA bill of the contractor

and labour cess so recovered/deducted shall be deposited with the Labour
Board of the concerned state. In case the Labour Board is not established in
the state, recovery made by NBCC on account of labour cess shall be retained
under suspense account and will be deposited with the Labour Board at later
date as & when the Labour Board is constituted in the state.
Every contractor, sub-contractor, affiliates, their legal assigns or heirs as

the case may, shall be responsible for registration of every Building worker
who has completed eighteen years of age but has not completed sixty years of
age and who has been engaged in any Building or Other Construction Work for
not less than Ninety Days during the preceding twelve months; with the Board
/ Funds as applicable under various sections of “THE BUILDINGS AND OTHER
CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS
OF SERVICE) ACT, 1996 and THE BUILDING AND OTHER CONSTRUCTION
WORKERS’ WELFARE CESS ACT, 1996.
The contractor shall also be responsible for maintaining register of

beneficiaries i.e. the workers in such form as may be prescribed by the
competent authority & the same shall be kept open at all reasonable times
for inspection of relevant authority and officials of client / NBCC.
The contractor shall be further responsible for maintaining such register &
records; giving such particulars of Building workers employed by him, the
work performed by them, the number of hours of work which shall
constitute a normal working day, the wages paid to them, the receipts given by
them and, such other particulars in such form as may be prescribed by the
authority or NBCC.
In the event of contractor failing to comply with the above clause(s) in part
or in full, NBCC, without prejudice to any other rights or remedy available
under law or any other clause(s) of contract, shall be at absolute liberty to
forfeit any sum or sums that are payable or could become payable on account
of execution of contract work and decision of Engineer-in-charge shall be final
& binding in this regard on the contractor.
75.0 RECOVERY OF COMPENSATION PAID TO WORKMEN
In every case in which by virtue of the provisions sub-section (1) of Section
12, of the Workmen’s Compensation Act, 1923, NBCC is obliged to pay
compensation to a workman employed by the contractor, in execution of
the works, NBCC will recover from the contractor, the amount of the
compensation so paid; and, without prejudice to the rights of the NBCC
under sub-section (2) of Section 12, of the said Act, NBCC shall be at liberty to
recover such amount or any part thereof by deducting it from the security
deposit or from any sum due to the contractor whether under this contract or
otherwise. NBCC shall not be bound to contest any claim made against it under
sub-section (1) of Section 12, of the said Act, except on the written request of
the contractor and upon his giving to NBCC full security for all costs for which
NBCC might become liable in consequence of contesting such claim.
76.0 ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR

FAILS
In every case in which by virtue of the provisions of the Contract Labour
(Regulation and Abolition) Act, 1970, and of the Contract Labour
(Regulation and Abolition) Central Rules, 1971, NBCC is obliged to pay
any amounts of wages to a workman employed by the contractor in
execution of the works, or to incur any expenditure in providing welfare
and health amenities required to be provided under the above said Act or

under the NBCC Contractor’s Labour Regulations, or under the Rules framed by
Government from time to time for the protection of health and sanitary
arrangements for workers employed by NBCC’s Contractors, NBCC will recover
from the contractor, the amount of wages so paid or the amount of
expenditure so incurred; and without prejudice to any other right or remedy
available under this contract, NBCC shall be at liberty to recover such amount
or any part thereof by deducting it from the security deposit or from any sum
due by NBCC to the contractor whether under this contract or otherwise NBCC
shall not be bound to contest any claim made against it under sub-section (1)
of Section 20, sub-section (4) of Section 21, of the said Act, except on the
written request of the contractor and upon his giving to the NBCC full security
for all costs for which NBCC might become liable in contesting such claim.
77.0 CHANGE IN FIRM’S CONSTITUTION TO BE INTIMATED

Where the contractor is a partnership firm, the prior approval in writing
of the Engineer-in-Charge shall be obtained before any change is 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 likewise be
obtained before the contractor enters into any partnership agreement where
under the partnership firm would have the right to carry out the works hereby
undertaken by the contractor. If prior approval as aforesaid is not obtained, the
contract shall be deemed to have been assigned in contravention of Clause
64.0 hereof and the same action may be taken, and the same consequences
shall ensue as provided in the said Clause 64.0.
78.0 INDEMNITY AGAINST PATENT RIGHTS

The contractor shall fully indemnify the NBCC from and against all claims
and proceedings for or on account of any infringement of any patent rights,
design, trademark or name or other protected rights in respect of any
construction plant, machine, work or material used for in connection with
the works or temporary works.
79.0 LAW COVERING THE CONTRACT

This contract shall be governed by the Indian laws for the time being in
force.
80.0 LAWS, BYE-LAWS RELATING TO THE WORK

80.1 The contractor shall fully comply with the DIPP’s PPP-MII order no P-
45021/2/2017/E II dated 15.06.17 or any further revision at any later date
during the entire tenancy of the contract.
In case of procurement for a value in excess of Rs 10 crore, above undertaking
shall be provided from a statutory auditor or cost auditor of the company (in
the case of companies) or from a practicing chartered accountant (in case of
tenderer other than companies).
80.2 The contractor shall fully comply with the MSMED Act, 2006 and Ministry of
MSME Order 2012 or any further revision at any later date (as per applicability
under clause 26 of ITT) during the entire tenancy of the contract
80.3 The contractor shall strictly adhere by the provisions, for the time being in
force, of law relating to works or any regulations and bylaws made by any
local authority or any water & lighting agencies or any undertakings within
the limits of the jurisdiction of which the work is proposed to be executed.
The contractor shall be bound to give to the authorities concerned such
notices and take all approvals as may be provided in the law, regulations or

bylaws as aforesaid, and to pay all fees and taxes payable to such
authorities in respect thereof.
81.0 CONTRACT AGREEMENT
The Contractor shall enter into a Contract Agreement with the NBCC within
30 (Thirty) days from the date of Letter of Award failing which no payment
shall be released to the contractor. The cost of stamp papers, stamp duty,
registration, if applicable on the contract, shall be borne by the Contractor.
In case, the contractor does not sign the agreement as above or start the
work within 10 (Ten) days of the issue of letter of Award, his earnest money is
liable to be forfeited and Letter of award consequently will stand
withdrawn.
82.0 MANNER OF EXECUTION OF AGREEMENT

i. The agreement as per prescribed Performa as enclosed shall be signed at
the office of the NBCC within 30(Thirty) days from the date of issue of
Letter of Award. The Contractor shall provide for signing of the Contract,
appropriate Power of Attorney and the requisite documents/ materials.
Unless and until a formal contract is prepared and executed, the Letter of
Award read in conjunction with the Tendering Documents will constitute a
binding contract.
ii. The agreement will be signed in five originals and the Contractor shall be
provided with one signed original and the other four originals will be
retained by the NBCC
iii. The Contractor shall provide free of cost to the NBCC all the Engineering
data, drawings and descriptive materials submitted along with the tender,
in at least three (3) copies to form an integral part of the Agreement within
seven 7 days after issuing of Letter of Award.
iv. Subsequent to signing of the Agreement, the Contractor at his own cost
shall provide to the NBCC with at least five (5) true hard bound copies of
Agreement within thirty (30) days of its signing.
83.0 JURISDICTION
The agreement shall be executed at Delhi on non-judicial stamp paper
purchased in Delhi and the courts in Delhi alone will have jurisdiction to deal
with matters arising there from, to the exclusion of all other courts.
84.0 THIRD PARTY SAFETY AUDIT: (APPLICABLE FOR PROJECTS VALUING RS. 50
CRORE AND ABOVE)
An experienced and reputed agency shall be engaged/ appointed by the contractor
at all the projects valuing Rs.50 crore and above from the agencies empanelled by
NBCC for Monitoring & Auditing of Safety measures in the construction work. The
scope of work of the agency so engaged shall be as under:
1. Safety Audit and Implementation of Safety Measures: The agency shall

conduct periodic/quarterly safety audit of the project site through their own
sufficient number of technically qualified and experienced staff (safety officers
and steward) or from the appropriate authorities / statutory bodies to ensure
that:
 all safety measures/ safety rules are implemented and followed at site.
 all Personal Protective Equipment (PPE) provided to workers as required
under any of the provisions of the Act or the Rules conform to the
relevant Indian Standards and to advise all Site Engineers/
Section‐In‐Charges/ Supervisors to ensure proper use of such PPEs by

workers at site.
 a safe working environment is provided to all workers and supervisory
staffs.
 use of various material, equipments/ tools & tackles, storage of various
materials, provision of lighting & barricading etc. is done in terms of
safety.
 at each and every level of the project safety has been kept in mind as an
integral part of the activities.
 Keeping the site incident free, without any damage to health, property
and environment.
 Proper housekeeping is maintained at site as the housekeeping is directly
connected with safety.
 Feedback for successful performance is to be developed and is to be
submitted to the Engineer in-charge on Quarterly basis.
2. Training
 To increase the safety consciousness of the workforce and the supervisory
staffs, periodic training and motivation towards safe practices are to be
conducted by agency. The training should of visual i.e. through videos &
physical i.e. mock drills etc. The agency will conduct mock drills also.
3. Documentation & Record Keeping

 Check / update / correct and incorporate standard operation procedures in
Safety Manual submitted by deployed agencies.
 The agency shall prepare periodic reports of each site visits, training &
mock drill and according instructions are to be issued to contractors
through Engineer In-charge, NBCC.
4. The agency shall liaison with law enforcing bodies, statutory bodies, media /
press or any other bodies concerned in case of any untoward incidents.
However, statutory payments, if any, shall be paid by deployed main
contractor / NBCC.
5. The agency shall engage and deploy the qualified and sufficient number of
manpower to audit all the safety measures and Workman Safety provisions as
per NBCC safety guidelines at the site as per following qualifications, however,
the decision of Engineer In-charge in this regard shall be final and binding:
S. Description Remarks
No.
1. Senior Safety  A recognised degree/diploma or equivalent
Officer (Overall in any branch of engineering or technology;
In-charge)  has had practical experience of working in a
construction project site in supervisory
capacity for a period of not less than 10-15
years;
 Possesses a degree or diploma in
construction / industrial safety recognized by
the Central / State Government.
2. Safety Officer  A recognised degree/diploma or equivalent

in any branch of engineering or technology;
 has had practical experience of working in a
years;

3. Steward  A recognised diploma or equivalent in any

branch of engineering or technology;
 has had practical experience of working in a
years;
6. The duties of Safety Audit agency shall further include the following: -
a) Plan and organize measures necessary for creating a safe working
environment for all workmen engaged at site and to prevent any kind of
personal injuries and damage to property;
b) To advise on safety aspects in all job studies, and to carry out detailed job
safety studies of selected jobs and to formulate Job Hazard Analysis
Report and Safety Manual during initial mobilization stage of the project.
c) Prepare action proposed to be taken to prevent personal injuries and
damage to property.
d) Conduct site safety inspections, in order to observe the physical
conditions of work and the work practices and procedures followed by
workers and to render advice on measures to be adopted for removing the
unsafe physical conditions and preventing unsafe actions by workers and
to ensure that the same will be implemented at site. To prepare & submit
visit report to Engineer-in-charge.
e) To report and investigate accidents and near‐misses and to recommend
the preventive measures so as to ensure non‐occurrence of such cases
and to ensure.
f) To maintain such records as are necessary relating to accidents,
dangerous occurrences and industrial diseases.
g) To organise in association with the concerned departments, campaigns,
competitions, contests and other activities which will create awareness
and will develop and maintain the interest of the workers in establishing
and maintaining safe conditions of work and procedures.
h) To design and conduct suitable training and educational programme for
the prevention of personal injuries.
i) Visit to workman camps and monitoring & ensuring the total hygienic
conditions are provided for workman.

SECTION-4
LABOUR SAFETY, HEALTH &

SANITARY RULES AND
REGULATIONS INCLUDING FORMS
(PAGE No. 90 to 118)
LABOUR SAFETY PROVISIONS
1.0 Suitable scaffolds 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 ladders. When a ladder is
used an extra mazdoor shall be engaged for holding the ladder and if the
ladder is used for carrying materials as well, suitable footholds and hand
holds shall be provided on the ladder and the ladder shall be given an
inclination not steeper than ¼ to 1 (1/4 horizontal and 1 vertical).
2.0 Scaffolding or staging more than 3.6m (12 feet) above the ground or floor,
swung or suspended from an overhead support or erected with stationery
support shall have a guard rail properly attached or bolted, braced and
otherwise secured at least 90 cm. (3 feet) 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.
3.0 Working platforms, gangways, and stairways should be so constructed that

they should not sag unduly or unequally, and if the height of the platform or
the gangway or the stairway is more that 3.6m (12 feet) above ground level or
floor level, they should be closely boarded, should have adequate width &
should be suitable fastened as described in (2.0) above.
4.0 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 90 cm
(3 feet).
5.0 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 9m. (30 feet) in length while the width between side
rails in rung ladder shall in no case be less than 29 cm. (11.5”) for ladder
up to and including 3m (10 feet) in length. For longer ladders this width
should be increased at least 1/4" for each additional 30 cm (1 ft.) of length.
Uniform step spacing shall not exceed 30 cm (12"). Adequate precautions
shall be taken to prevent danger from electrical equipment. No materials on
any of the sites of the work shall be so stacked or placed as to cause danger
or inconvenience to any person or the public. The contractor shall provide all
necessary fencing and lights to protect the public from accident, and shall be
bound to bear the expenses of defense of every suit, action or other
proceeding at law that may be brought by any person for injury sustained
owing to neglect of the above precautions and to pay any damages and cost
which may be awarded in any such suit, action or proceedings to any such
person or which may, with the consent of the Contractor, be paid to
compensate any claim by any such person.
6.0 EXCAVATION AND TRENCHING

All trenches, 1.2mts.(four feet) or more in depth, shall at all times be supplied
with at least one ladder for each 30m.(100 feet) in length or fraction thereof,
ladder shall be extended from bottom of the trench to at least 90cm (3feet)
above the surface of the ground. The side of the trenches, which are 1.5 m.
(5feet) or more in depth shall be stepped back to give suitable slope or
securely held by timber bracing, so as to avoid the danger or sides to
collapsing. The excavated materials shall not be placed within 1.5m (5 feet)
of the edges of the trench or half of the depth of the trench whichever is more.
Cutting shall be done from top to bottom. Under no circumstances undermining
or undercutting shall be done.
Signature of Tenderer Signature of NBCC www.nbccindia.com

90
7.0 Demolition - Before any demolition work is commenced and also during the
progress of the work following precautions shall be observed:
7.1 All roads and open areas adjacent to the work site shall either be closed or
suitably protected.
7.2 No electric cable or apparatus which is likely to be a source of danger or a

cable or apparatus used by the operator shall remain electrically charged.
7.3 All practical steps shall be taken to prevent danger to persons employed
from risk or fire or explosion or flooding. No floor, roof or other part of the
building shall be overloaded with debris or materials as to render it unsafe.
8.0 All necessary personal safety equipments as considered adequate by the

Engineer-in-charge should be kept available for the use of persons employed
on the site and maintained in a condition suitable for immediate use, and
the contractor should take adequate step to ensure proper use of equipment
by those concerned. The following safety equipment shall be invariably
provided.
8.1 Workers employed on mixing asphaltic materials, cement and lime mortars
shall be provided with protective footwear and protective goggles.
8.2 Those engaged in white washing and mixing or stacking of cement bags or
any materials which are injurious to the eye shall be provided with
protective goggles.
8.3 Those engaged in welding works shall be provided with welders protective eye
shields.
8.4 Stone breakers shall be provided with protective goggles and protective
clothing and seated at sufficiently safe interval.
8.5 When workers are employed for works in sewers and manholes, which are in
active use, the Contractors shall ensure that the manhole covers are opened
and ventilated at-least 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 provided with warning signals or boards to prevent accident the
public. In addition, the contractor shall ensure that the following safety
measures are adhered to:
a. Entry for workers into the sewer line shall not be allowed except under
supervision of the JE or any other higher officer.
b. At least 5 to 6 manholes upstream and downstream should be kept open

for at least 2 to 3 hours before any man is allowed to enter into the
manholes for working inside.
c. Before entry, presence of Toxic gases should be tested by inserting wet

lead acetate paper which changes color in the presence of such gases and
gives indication of their presence.
d. Presence of Oxygen should be verified by lowering a detector lamp into the

manhole. In case, no Oxygen is found inside the sewer line, workers should
be sent only with Oxygen kit.

e. Safety belt with rope should be provided to the workers. While working
inside the manholes such rope should be handled by two men standing
outside to enable him to be pulled out during emergency.
f. The area should be barricaded or cordoned off by suitable means to avoid

mishaps of any kind. Proper warning signs should be displayed for the
safety of the public whenever cleaning works are undertaken during night
or day.
g. No smoking or open flames shall be allowed near the blocked manhole

being cleaned.
h. The malba obtained on account of cleaning of blocked manholes and sewer

lines should be immediately removed to avoid accidents on account of
slippery nature of the malba.
i. Workers should not be allowed to work inside the manhole continuously.
He should be given rest intermittently. The Engineer-In-charge may decide
the time up to which a worker may be allowed to work continuously inside
the manhole.
j. Gas masks with Oxygen Cylinder should be kept at site for use in
emergency.
k. Air-blowers should be used for flow of fresh air through the manholes.
Whenever called for, portable air-blowers are recommended for ventilating
the manholes. The Motors for these shall be vapour proof and of totally
enclosed type. Non sparking gas engines also could be used but they
should be placed at-least 2 metres away from the opening and on the
leeward side protected from wind so that they will not be a source of
friction on any inflammable gas that might be present.
l. The workers engaged for cleaning the manholes / sewers should be
properly trained before allowing to work in the manhole.
m. The workers shall be provided with Gumboots or non-sparking shoes,
bump helmets and gloves non sparking tools, safety lights and gas masks
and portable air blowers (when necessary). They must be supplied with
barrier cream for anointing the limbs before working inside the sewer lines.
n. Workmen descending a manhole shall try each ladder step or rung carefully
before putting his full weight on it to guard against insecure fastening due
to corrosion of the rung fixed to manhole well.
o. If a man has received a physical injury, he should be brought out of the
sewer immediately and adequate medical aid should be provided to him.
p. The extent to which these precautions are to be taken depend on individual
situation but the decision of the Engineer-In-charge regarding the steps to
be taken in this regard in an individual case will be final.
8.6 The Contractor shall not employ men and women below the age of 18 years
on the work of painting with products containing lead in any form wherever
men above the age of 18 are employed on the work of lead painting the
following precautions should be taken.
8.6.1 No paint containing lead or lead products shall be used except in the form of
paste or readymade paint.

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8.6.2 Suitable face masks should be supplied for use by the workers when paint is
applied in the form of spray or a surface having lead paint is dry rubbed and
scrapped.
8.6.3 Overalls shall be supplied by the Contractor to the workmen and

adequate facilities shall be provided to enable the working painters to wash
during the cessation of work.
8.6.4.1 a) White lead, sulphate or lead work products containing those pigments shall
not be used in painting operation except in the form of paste or of paints
ready for use.
b) Measures shall be taken whenever required in order to prevent danger

arising from the application of paint in the form of spray.
c) Measures shall be taken, whenever practicable to prevent danger arising

out of dust caused by dry rubbing down and scrapping.
8.6.4.2 a) adequate facilities shall be provided to enable working painter to wash

during and on cessation of work.
b) Suitable arrangements shall be made to prevent clothing put off during

working hours being spoiled by painting materials.
8.6.4.3 a) Cases of lead poisoning and of suspected lead poisoning shall be notified
and shall be subsequently verified by a medical man appointed by the
competent authorities of NBCC.
b) The NBCC may require when necessary a medical examination of workers.
c) Instructions with regard to the special hygienic precautions to be taken in
the painting trade shall be distributed to working painters.
9.0 When the work is done near any place where there is risk of drowning, all
necessary equipments 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 be made for prompt first aid treatment for all
injuries likely to be sustained during the course of the work.
10.0 Use of hoisting machines and tackle including their attachment encourage
and supports shall conform to the following standard of conditions.
10.1 a) these shall be of good mechanical construction, sound material and adequate
strength and free from patent, defects and shall be kept in good working
order.
b) Every rope used in hoisting or lowering materials or as a means of suspension
shall be of durable quality and adequate strength, and free from patent
defects.
10.2 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, winch or giving signals to operator.
10.3 In case of every hoisting machine and of every chain ring hook, shackle
swivel and pulley block used in hoisting or as means of suspension the safe
working load shall be ascertained by adequate means. Every hoisting machine
and all gear referred to above shall be plainly marked with the safe working
load. In case of a hoisting machine having a variable safe working load, each

safe working load and the conditions under which it is applicable shall be
clearly indicated. No part of any machine or any gear referred to above in this
clause shall be loaded beyond the safe working load except for the purpose of
testing.
10.4 In case of NBCC machines, 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 he brings any machinery to site of work and get verified by the
Engineer-in-Charge.
11.0 Motors gearing, transmission electric wiring and other dangerous parts of
hoisting appliances should be provided with efficient safeguard. Hoisting
appliances should be provided with such means as will reduce to the
minimum the risk of accidental descent of the load. Adequate precautions
should be taken to reduce the minimum the risk of any part of a suspended
load becoming accidentally displaced. When workers are employed on
electrical installations, which are already energized, insulating mats, wearing
apparel, such as gloves sleeves and boots as may be necessary be provided.
The worker should not wear any rings, watches and carry keys or other
materials, which are good conductors of electricity.
12.0 All scaffold, ladders, and other safety devices mentioned or described herein
shall be maintained in safe condition and no scaffold 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.
13.0 These safety provisions should be brought to the notice of all concerned by
display on a notice board at a prominent place of work spot. The person
responsible for compliance of the safety codes shall be named therein by the
contractor.
14.0 To ensure effective enforcement of the rules and regulations relating to

safety precautions the arrangements made by the Contractor shall be open
to inspection by NBCC Official or their representatives.
15.0 Notwithstanding the above Clauses from (i) to (xiv) there is nothing in these
to exempt the contractor from the operations of any other Act or Rule in
force in the Republic of India.

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MODEL RULES FOR THE PROTECTION OF HEALTH AND
SANITARY ARRANGEMENTS FOR WORKERS
1.0 APPLICATION
These rules shall apply to all building and construction works in which 20
(twenty) or more workers are ordinarily employed or are proposed to be
employed in any day during the period during which the contractor work is
in progress.
2.0 DEFINITION
Work place means a place where twenty or more workers are ordinarily
employed or are proposed to be employed in connection with construction
work on any day during the period during which the contract work is in
progress.
3.0 FIRST-AID FACILITIES

3.1 At every work place first aid facilities shall be provided and maintained, so
as to be easily accessible during working hours, First-Aid boxes at the rate
of not less than one box per 150 contract labour or part thereof ordinarily
employed.
3.2 The First-Aid boxes shall be distinctly marked with a red cross on white
background and shall contain the following equipments:
3.2.1 a) For work places in which number of contract labour employed does not
exceed 50, Each First-Aid box shall contain the following equipments:
i. Small sterilized dressings.
ii. Medium size sterilized dressings.
iii. Large size sterilized dressings.
iv. Large sterilized burn dressings.
v. 1 (30 ml) bottle containing a two percent alcoholic solution of iodine.
vi. 1 (30 ml) bottle containing salvolatile having the dose and mode of
administration indicated on the label.
vii. 1 snakebite lancet.
viii. 1 (30 gms) bottle of potassium permanganate crystals.
ix. 1 pair of scissors.
x. 1 copy of the First-Aid leaf-let issued by the Director General, Factory

Advise Service &Labour Institute, Government of India.
xi. 1 bottle containing 100 tablets (each of 5 grams) of aspirin.
xii. Ointment for burns.
xiii. A bottle of suitable surgical antiseptic solution.

3.2.2 For work places in which the number of contract labour exceed 50. Each First-
Aid box shall contain the following equipments:
i) 12 small sterilized dressings.

ii) 6 medium size sterilized dressings.
iii) 6 large size sterilized dressings.
iv) 6 large size sterilized burn dressings.
v) 6 (15 gms) packet sterilized cotton wool.
vi) 1 (60 ml.) bottle containing a two percent iodine alcoholic solution.
vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of
administration indicated on the label.
viii) 1 - roll of adhesive plaster.
ix) 1 snake - bite lancet.
x) 1 (30 gms.) Bottle of potassium permanganate crystals.
xi) 1 pair of scissors.
xii) 1 copy of the First-Aid leaf-let issued by the Director General, Factory
Advice Service and Labour Institutes, Government of India.
xiii) A bottle containing 100 tablets (each of 5 grams) of aspirin.
xiv) Ointment for burns.
xv) A bottle of suitable surgical antiseptic solution.
3.3 Adequate arrangements shall be made for immediate recoupment of the

equipment when necessary.
3.4 Nothing except the prescribed contents shall be kept in the First Aid box.
3.5 The First Aid box shall be kept in charge of a responsible person who shall
always be readily available during the working hours of the work place.
3.6 A person in charge of the First-Aid box shall be a person trained in First-Aid
treatment in work places where the number of labour employed is 150 or
more.
3.7 In work places where the number of labour employed is 500 or more and
hospital facilities are not available within easy distance of the works, first-
Aid Posts shall be established and run by a trained Compounder. The
Compounder shall be on duty and shall be available at all hours when the
workers are at work.
3.8 Where work places are situated in places, which are not towns of cities, a
suitable motor transport shall be kept readily available to carry injured
person or persons suddenly taken ill to the nearest hospital.
4.0 DRINKING WATER

4.1 In every work place, there shall be provided and maintained at suitable
places, easily accessible to labour, a sufficient supply of cold water fit for
drinking.

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4.2 Where drinking water is obtained from an intermittent public water supply,
each work place shall be provided with storage where such drinking water
shall be stored.
4.3 Every water supply of storage shall be at a distance of not less than 50 feet
from any latrines drain or other source of pollution, where water has to be
drawn from an existing well which is within such proximity of latrine, drain
or any other source of pollution, the well shall be properly chlorinated before
water is drawn from it for drinking. All such wells shall be entirely closed in
and be provided with a trap-door which shall be dust and water-proof.
4.4 A reliable pump shall be fitted to each covered well, trap-door shall be kept
locked and opened only for cleaning or inspection which shall be done at
least once a month.
5.0 WASHING FACILITIES

5.1 In every work place adequate and suitable facilities for washing shall be
provided and maintained for the use of labour employed herein.
5.2 Separate and adequate screening facilities shall be provided for the use of
male and female workers.
5.3 Such facilities shall be conveniently accessible and shall be kept clean and
hygienic condition.
6.0 LATRINES AND URINALS

6.1 Latrines shall be provided in every work place on the following scale, namely:
a) Where females are employed there shall be at least one latrine for every
25 females.
b) Where males are employed, there shall be at least one latrine for every 25
males.
Provided that where the number of males or females exceeds 100, it shall be
sufficient if there is one latrine for 25 males or females, as the case may be,
upto the first 100, and one for every 50 thereafter.
6.2 Every latrine shall be under cover and so partitioned off as to secure privacy,
and shall have a proper door and fastenings.
6.3 Construction of Latrines: The inside walls shall be constructed of masonry or

some suitable heat resisting non-absorbent materials and shall be cement
washed inside and outside at least once a year. Latrine shall not be a
standard lower than bore-hole system.
6.4 (a)Where workers of both sexes are employed, there shall be displayed
outside each block of latrine and urinal, a notice in the language understood
by the majority of the workers "For Men only" or "For Women only" as the
case may be.
(b)The notice shall also bear the figure of man or of a woman, as the case
may be.
6.5 There shall be at least one urinal for male workers upto 50 and one for
female workers upto 50 employed at a time. Provided that where the number
of male or female workmen, as the case may be, exceeds 500, it shall be
sufficient if there is one urinal for every 50 males or females upto the first 500
and one for every 100 or part thereof, thereafter.

6.6 a) The latrines and urinals shall be adequately lighted and shall be
maintained in a clean and sanitary condition at all times.
b) Latrines and urinals other than those connected with a flush sewerage
system shall comply with the requirements of the Public Health Authorities.
6.7 Water shall be provided by means of a tap or otherwise so as to be

conveniently accessible in or near the latrines and urinals.
6.8 Disposal of Excreta

Unless otherwise arranged for by the local sanitary authority arrangements
for proper disposal of excreta by incineration at the work place shall be
made by means of a suitable incinerator. Alternatively, excreta may be
disposed off by putting a layer of night soil at the bottom of a pucca tank
prepared for the purpose and covering it with a 15 cm layer of waste or for
refuse and then covering it with a layer of earth for fortnight (when it will
turn into manure).
6.9 The Contractor shall, at his own expense, carry out all instruction issued to
him by the Engineer-in-Charge to effect proper disposal of night soil and
other conservancy work in respect of the Contractor's workmen or
employees on the site. The Contractor shall be responsible for payment of
any charges which may be levied by Municipal or Cantonment Authority for
execution of such work on his behalf.
7.0 PROVISION OF SHELTER DURING REST

At every place, there shall be provided, free of cost, four suitable sheds, two
for males and the other two for rest separately for the use of man and women
labour. The height of each shelter shall not be less than 3 meters from the floor
level to the lowest part of the roof. These shall be kept clean and the space
provided shall be on the basis of 0.6 sqm. Per head.
Provided that the Engineer-in-Charges may permit, subject to his

satisfaction, a portion of the building under construction or other alternative
accommodation to be used for the purpose.
8.0 CRECHES
8.1 A every work place, at which 20 or more women workers are ordinarily
employed, there shall be provided two rooms of reasonable dimensions for
the use of their children under the age of six years. One room shall be used as
a play room for the children and the other as their bedrooms.
The rooms shall be constructed on standard not lower than the following:
i) Thatched roof
ii) Mud floor and walls.
iii) Planks spread over the mud floor and covered with matting
8.2 The rooms shall be provided with suitable and sufficient openings for light
and ventilation. There shall be adequate provision of sweepers to keep the
places clean.
8.3 The Contractor shall supply adequate number of toys and games in the
playroom and sufficient number of cots and beddings in the bed-room.

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8.4 The Contractor shall provide one Ayaa to look after the children in the crèche
when the number of women workers does not exceed 50; and two when, the
number of women workers exceed 50.
8.5 The use of the rooms/earmarked as crèches shall be restricted to children,
their attendant and mother of the children.
9.0 CANTEENS
9.1 In every work place where the work regarding the employment of contract
labour is likely to continue for six months and wherein contract labour
numbering one hundred or more are ordinarily employed, an adequate
canteen shall be provided by the Contractor for the use of such labour.
9.2 The canteen shall be maintained by the Contractor in an efficient manner.
9.3 The canteen shall consist of at least a dining hall, kitchen, and storeroom,
pantry and washing places separately for workers and utensils.
9.4 The canteen shall be sufficiently lighted at all times when any person has
access to it.
9.5 The floor shall be made of smooth and impervious material and inside walls
shall be lime washed or colour washed at least once in each year.
Provided that the inside walls of the kitchen shall be lime-washed every four
months.
9.6 The premises of the canteen shall be maintained in a clean and sanitary
condition.
9.7 Waste Water shall be carried away in suitable covered drains and shall not
be allowed to accumulate so as to cause a nuisance.
9.8 Suitable arrangements shall be made for the collection and disposal of
garbage.
9.9 The dining hall shall accommodate at a time 30 persons of the labour working
at time.
9.10 The floor area of the dining hall, excluding the area occupied by the service
counter and any furniture except tables and chair shall not be less than one
square metre per dinner to be accommodated.
9.11 a) A portion of the dining hall, and service counter shall be partitioned off
and reserved for women workers in proportion to their number.
b) Washing places for women shall be separate and screened to secure

privacy.
9.12 Sufficient tables, stool, chairs or benches shall be available for the number
of dinners to be accommodated.
9.13.1 a)There shall be provided and maintained sufficient utensils, crockery,
furniture and any other equipment necessary for the efficient running of the
canteen.
b) The furniture, utensils and other equipment shall be maintained in a clean
and hygienic condition.
9.13.2 a) Suitable clean clothes for the employees serving in the canteen shall be
provided and maintained.
b) A service counter, if provided, shall have top of smooth and impervious
material.

c) Suitable facilities including an adequate supply of hot water shall be
provided for the cleaning of utensils and equipment.
9.14 The food stuffs and other items to be served in the canteen shall be in
conformity with the normal habits of the labour.
9.15 The charge for food stuffs, beverages and any other items served in the
canteen shall be based on 'No profit' No loss' and shall be conspicuously
displayed in the canteen.
9.16 In arriving at price of food stuffs, and other articles served in the canteen,
the following items shall not be taken into consideration as expenditure,
namely:
a) The rent of land building;
b) The depreciation and maintenance charges for the building and equipment
provided for the canteen;
c) The cost of purchase, repair and replacement of equipment including

furniture, crockery, cutlery and utensils;
d) The water charges and other charges incurred for lighting and ventilation;
e) The interest and amounts spent on the provision and maintenance and
equipment provided for in the canteen;
9.17 The accounts pertaining to the canteen shall be audited once every 12 months
by registered accountants and auditors.
10.0 ANTI MALARIAL PRECAUTIONS

The Contractor shall at his own expense, conform to all anti-malarial
instructions given to him by the Engineer-in-Charge including the filling up
of any borrows pits which may have been dug by him.
11.0 AMENDMENTS
NBCC may from time to time, add to or amend these rules and issue such
directions as it may consider necessary for the purpose of removing any
difficulty which may arise in the administration hereof.

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CONTRACTOR’S LABOUR REGULATIONS
1.0 SHORT TITLE
These regulations may be called the Contractor "Labour Regulations".
2.0 Definitions
2.1 “Workman" means any person employed by the NBCC or its Contractor
directly or indirectly through a sub-contractor, with or without the
knowledge, of the NBCC to do any skilled, semi-skilled, un-skilled, manual,
supervisory, technical or clerical work for hire or reward, whether, the terms
of employment are expressed or implied but does not include any person-
a) Who is employed mainly in a managerial or administrative capacity;
or
b) Who being employed in a supervisory capacity draws wages

exceeding Rupees Two Thousand Five hundred per person or
exercises either by the nature of the duties attached to the office or
by reason of powers vested to him, functions mainly of managerial
nature.
c) Who is an out worker, that is to say, a person to whom any articles

or materials are given out by or on behalf of the principal
employer to be made up cleaned, washed, altered, ornamental
finished, repaired, adopted or otherwise processed for sale for
the purpose of the trade or business of the principal employer
and the process is to be carried out either in the home of the out
worker or in some other premises, not being premises under the
control and management of the principal employer.
2.2 "Fair Wages" means wages whether for time or piece work fixed and notified
under the provisions of the minimum Wages Act/ Code on Wages, 2019 from
time to time.
2.3 "Contractor" shall include every person who undertake to produce a given
result other than a mere supply of goods or articles of manufacture through
labour or who supplies labour for any work and includes a sub-contractor.
2.4 "Wages" shall have the same meaning as defined in the Payment of Wages
Act/ Code on Wages, 2019.
2.4.1 Normally working hours of an adult employee should not exceed 9 hours a
day. The working day shall be so arranged that inclusive of interval for rest,
if any, it shall not spread over more than 12 hours on any day.
2.4.2 When an adult worker is made to work for more than 9 hours on any day or
for more than 48 hours in any week he shall be paid overtime for the extra
hours put in by him at double the ordinary rate of wages.
2.4.3.1 Every worker shall be given a weekly holiday on a Sunday, in accordance

with the provisions of the Minimum Wages (Central) Rules 1960/ Code on
Wages, 2019 as amended from time to time, irrespective of whether such
worker is governed by the Minimum Wages Act or not.
2.4.3.2 Whether the Minimum Wages prescribed by the Government under the
Minimum Wages Act/ Code on Wages, 2019 are not inclusive of the wages
for the weekly day of rest, the worker shall be entitled to rest day wages at
the rate applicable to the next preceding day, provided he has worked under
the same contractor for a continuous period of not less than 6 days.

2.4.3.3 Where a contractor is permitted by the Engineer-in-Charge to allow a worker
to work on a no`rmal weekly holiday, he shall grant a substitute holiday to
him for the whole day on one of the five days immediately before or after
the normal weekly holidays and pay wages to such worker for the work
performed on the normal weekly holiday at overtime rate.
3.0 DISPLAY OF NOTICE REGARDING-WAGES, ETC.

The contractor shall before he commences his work on contract, display and
correctly maintain and continue to display and correctly maintain in a clean and
legible condition in conspicuous places on the work, notices in English and in
the local Indian languages spoken by the majority of the workers, giving the
minimum rates of wages fixed under the Minimum Wages Act/ Code on Wages,
2019, the actual wages being paid, the hours of work for which such wages are
earned, wage period, dates of payment of wages and other relevant
information as per Appendix 'A'.
4.0 PAYMENT OF WAGES

4.1 The contractor shall fix wage periods in respect of which wages shall be
payable.
4.2 No wage period shall exceed one month.
4.3 The wages of every person employed as labour in an establishment or by a

contractor where less than one thousand, such persons are employed shall
be paid before the expiry of the seventh day and in other cases before the
expiry of tenth day after the last day of the wage period in respect of which
the wages are payable.
4.4 Where the employment of any worker is terminated by or on behalf of the

contractor the wages earned by him shall be paid before the expiry of the
second working day from the date on which his employment is terminated.
4.5 All payments of wages shall be made on a working day at the work premises
and during the working time and on a date notified in advance and in case
the work is completed before the expiry of the wage period, final payment
shall be made within 48 hours of the last working day.
4.6 Wages due to every worker shall be paid to him direct or to other person
authorized by him in this behalf.
4.7 All wages shall be paid in current coin or currency or in both.
4.8 Wages shall be paid without any deductions of any kind except those
specified by the Central Government by general or special order in this
behalf or permissible under the Payment of Wages Act 1956/ Code on Wages,
2019.
4.9 A notice showing the wage period and the place and time of disbursement of
wages shall be displayed at the place of work and a copy sent by the
contractor to the Engineer-in-Charge under acknowledgment.
4.10 It shall be the duty of the contractor to ensure the disbursement of wages in
the presence of the Engineer or any other authorized representatives of the
Engineer-in-Charge who will be required to be present at the place and time
of disbursement of wages by the contractor to workmen.
4.11 The contractor shall obtain from the Engineer or any other authorized
representative of the Engineer-in-Charge as the case may be, a certificate

102
under his signature at the end of the entries in the "Registerof Wages" or
the "Wage-cum-Muster Roll" as the case may be in the following form:
"Certified that the amount shown in column No. 14(net Amount

paid) has been paid to the workmen concerned in my presence
on................ at ............".
5.0 FINES AND DEDUCTIONS, WHICH MAY BE MADE FROM WAGES

5.1 The wages of a worker shall be paid to him without any deduction of any
kind except the following –
a) Fines
b) Deductions for absence from duty i.e. from the place or the places
where by the terms of his employment he is required to work. The
amount of deduction shall be in proportion to the period for which
he was absent.
c) Deduction for damage to or loss of goods expressly entrusted to

the employed persons for custody, or from loss of money or any
other deduction which he is required to account where such
damage or loss is directly attributable to his neglect or default.
d) Deduction for recovery of advances or for adjustment of over

payment of wages, advances granted shall be entered in a register.
e) Any other deduction, which the Central Government may from time
to time allow.
5.2 No fines should be imposed on any worker save in respect of such acts and
omissions on his part as have been approved by the Chief Labour
Commissioner.
NOTE: An approved list of Acts and Omissions for which fines can be imposed is
enclosed at Appendix-I.
5.3 No fine shall be imposed on a worker and no deduction for damage or loss
shall be made from his wages until the worker has been given an
opportunity of showing cause against such fines or deductions.
5.4 The total amount of fine which may be imposed in any one wage period on a
worker shall not exceed an amount equal to three paisa in a Rupee of the
total wages, payable to him in respect of that wage period.
5.5 No fine imposed on any worker shall be recovered from him in installment,
or after the expiry of sixty days from the date on which it was imposed.
5.6 Every fine shall be deemed to have been imposed on the day of the act or
omission in respect of which it was imposed.
6.0 LABOUR RECORDS

6.1 The contractor shall maintain a "Register of persons employed" on work on
contract in form XIII of the CL (R&A) Central Rules 1971 (Appendix-B).

6.2 The contractor shall maintain a "Muster Roll" register in respect of all
workmen employed by him on the work under contract in from XVI of the CL
(R&A) Rules 1971 (Appendix-C).
6.3 The contractor shall maintain a "Wage Register" in respect of all workmen
employed by him on the work in form (Appendix-D).
6.4 Register of accidents - The contractor shall maintain a register of accidents

in such form as may be convenient at the work place but the same shall
include the following particulars:
a) Full particulars of the labourers who met with accident.

b) Rate of wages
c) Sex
d) Age
e) Nature of accident and cause of accident.
f) Time and date of accident.
g) Date and time when he/she admitted in Hospital
h) Date of discharge from the Hospital
i) Period of treatment and result of treatment
j) Percentage of loss of earning capacity and disability as assessed by
Medical Officer.
k) Claim required to be paid under Workmen's Compensation Act.
l) Date of payment of compensation.
m) Amount paid with details of the person to whom the same was paid.
n) Authority by whom the compensation was assessed.
o) Remarks.
6.5 Register of Fines - The contractor shall maintain a "Register of Fines" in the
form (Appendix-H).
The contractor shall display in a good condition and in a conspicuous place

of work the approved list of Acts and Omission for which fines can be imposed
(Appendix-I).
6.6 Register of Deductions – The contractor shall maintain a "Register of

Deductions" for damage or loss in form (Appendix-J).
6.7 Register of Advances – The contractor shall maintain a "Register of

Advances" in form (Appendix-K).
6.8 Register of Overtime - The contractor shall maintain a "Register of

Overtime" in form (Appendix-L).
7.0 ATTENDANCE CARD-CUM WAGE SLIP:

7.1 The contractor shall issue an attendance card-cum-wage slip to each
workman employed by him in the specimen form at (Appendix-E).
7.2 The card shall be valid for each wage period.

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7.3 The contractor shall mark the attendance of each workman on the card
twice each day, once at the commencement of the day and again after the
rest interval, before he actually starts work.
7.4 The card shall remain in possession of the worker during the wage period
under reference.
7.5 The contractor shall complete the wage slip portion on the reverse of the
card at least a day prior to the disbursement of wages in respect of the
wage period under reference.
7.6 The contractor shall obtain the signature or thump impression of the worker
on the wage slip at the time of disbursement of wages and retain the card
with himself.
8.0 EMPLOYMENT CARD

The contractor shall issue an Employment Card in form to each worker
within three days of the employment of the worker (Appendix-F).
9.0 SERVICE CERTIFICATE

On termination of employment for any reason whatsoever the contractor
shall issue to the workman whose services have been terminated, a service
certificate in from Appendix-G.
10.0 PRESERVATION OF LABOUR RECORDS

All records required to be maintained under Regulations Nos. 6 and 7 shall
be preserved in original for a period of three years from the date of last
entries made in them and shall be made available for inspection by the
Engineer-in-Charge, Labour Officer.
11.0 POWER OF LABOUR OFFICERS TO MAKE INVESTIGATIONS INQUIRY

The Labour Officer or any other person authorized by NBCC on its behalf
shall have power to make inquire with a view to ascertaining and enforcing
due and proper observance of the Fair Wage Clauses and the Provisions of
Regulations. He shall investigate into any complaint regarding the default
made by the contractor or sub-contractor in regard to such provision.
12.0 INSPECTION OF BOOK AND SLIPS

The contractor shall allow inspection of all the prescribed labour records to
any of his workers or to his agent at a convenient time and place after due
notice is received or to the Labour officer or any other person, authorized by
the Central Government on his behalf.
13.0 SUBMISSION OF RETURNS

The contractor shall submit periodical returns as may be specified from time
to time.
14.0 AMENDMENTS
The NBCC may from to time, add or amend the regulations and on any
question as to the application, interpretation or effect of these regulations
the decision of the Zonal Chief concerned shall be final.

Appendix - 'A'
LABOUR BOARD
Name of work
Name of Contractor
Address of Contractor
Name and Address of Unit
Name of Labour Enforcement Officer
Address of Labour Enforcement Officer
Date:
S. Category Minimum Actual Number present Remarks
No. wage fixed wages paid
Weekly Holiday
Wage Period
Date of Payment of wages
Working hours
Rest interval

106
Appendix - 'B'
FORM 13
See rule 75
REGISTER OF WORKMEN EMPLOYED BY CONTRACTOR
____________________________________________________________________
Name and Address of Contractor
Name and Address of Establishment in

under which contract is carried on
Nature and location of work
Name & Address of Principal Employer
Sl. Name Age Father’s Nature of Permanent Local

No. and & sex Husbands employment home address address
surname Name / of the workman
of designation (village and
workman Tehsil Taluk and
District)
1. 2. 3. 4. 5. 6. 7.
Date of Signature Date of Reasons for Remarks

commencement or thumb termination of termination
of employment impression employment
of the
workman
8. 9. 10. 11. 12.

Appendix - 'C'
FORM XVI
(See Rule 78(2) (193)
MUSTER ROLL
Name and address of contractor
Name and address of establishment in/under

Which contract is carried on
Name and Address of Principal Employer
For the month / fortnight
S. No. Name of the Sex Father’s/ Dates Remarks

workman Husband’s
Name
1. 2. 3. 4. 5. 6.
1 2 3 4 5

108
Appendix - 'D'
FORM XVII
(See Rule 78(2) (03)
REGISTER OF WAGES
Name and address of establishment in/under

which contract is carried on
Name and Address of Principal Employer
Wage period: per month/ fortnightly
S. No. Name of Serial Designation Nos. of Units Daily Basic

Workman No. in nature of days of rate of Wages
the work done worked work wages/
register done piece
of rate
workman
1. 2. 3. 4. 5. 6. 7. 8.
Dearnes Overtim Other cash Total Deductio Net Signatur Initial

s e payments n if any Amt e thumb contractor
allowan (Nature of (indicate paid impressi or his
ce payments nature) on of the representati
to be workman ve
indicated)
9. 10. 11. 12. 13. 14. 15. 16.

Appendix - 'E
FORM XIX
[SEE RULE 78 (2) (B)]
WAGE SLIP
Name and Father's/Husband/s Name of workman
For the Week/Fortnight/Month ending
1. No. of days worked
2. No. of Units worked in case of piece rate workers
3. Rate of daily wags/piece rate
4. Amount of overtime wages
5. Gross wages payable
6. Deductions if any
7. Net amount of wages paid
Sign of the Contractor

110
Appendix - 'E'
WAGE CARD
Wage Card No.
Name and address of Contractor Date of Issue
Nature of work with location Designation
Name of workman Month/Fortnight:_______________
Date Rate of Wages Amount

Morning Evening
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Initials: ___________________________
Received from __________________________the sum of Rs. ________________

________________On account of my wages for ___________ to _____________
Signature
The wage card is valid for one month from the date of issue.

Appendix 'F'
FORM XIV
(See Rule 76)
EMPLOYMENT CARD
Name and address of establishment under which

The contract is carried out
Name and address of Principal Employer
1. Name of the workman
2. S. Name in the register of workman employed
3. Nature of Employment/Designation
4. Wage rate (with particulars of unit in

case of piece work)
5. Wage Period
6. Tenure of employment
7. Remarks
Signature of Contractor

112
Appendix - 'G'
Form XV
(See Rule 77)
(SERVICE CERTIFICATE)
Name and address of workman
Age or date of birth
Identification Marks
Father's/Husbands Name
Name and address of establishment in under which

contract is carried on
Total period of which Rate of wages (with

employed Nature of particular s of unit In
S. No. Remarks
work case of piece work)
From To
1. 2. 3. 4. 5. 6.
Signature

Appendix 'H'
Form XII
[See Rule 78 (2) (d)]
REGISTER OF FINES
Name and address of establishment in/ under which

Name and address of workman
S. Name of Father’s/Husband Designation/nature Act/Omission Date of

No. workman Name of employment for which offence
fine imposed
1. 2. 3. 4. 5. 6.
Whether Name of Wage period Amount of Date on Remarks

workman person in and wages fine which
showed whose payable Imposed fine
cause presence realized
against employees
fine explanation
was heard
7. 8. 9. 10. 11. 12.

114
Appendix - 'I'
LIST OF ACTS AND OMISSIONS FOR
WHICH FINES CAN BE IMPOSED
In accordance with rule of Labour Regulations, to be displayed prominently at the site

of work both in English and local language.
1. Willful insubordination or disobedience, whether alone or in combination with

other.
2 Theft, fraud or dishonestly in connection with contractors beside a business or

property of NBCC
3 Taking or giving bribes or any illegal gratifications
4 Habitual late attendance.
5 Drunk-ness fighting riotous or disorderly or indifferent behaviour.
6 Habitual negligence.
7 Smoking near or around the area where combustible or other materials are
locked.
8 Habitual indiscipline.
9 Causing damage to work in the progress or to property of the NBCC or of the

contractor.
10 Sleeping on duty.
11 Malingering or slowing down work.
12 Giving the false information regarding name, age, fathers name etc.
13 Habitual loss of wage cards supplied by the employer.
14 Unauthorized use of employers properly of manufacturing or making of

unauthorized articles at the work place.
15 Bad workmanship in construction and maintenance by skilled workers, which is

not approved by the NBCC for which the contractors are compelled to undertake
rectifications.
16 Making false complaints and/or misleading statements.
17 Engaging on trade within the premises of the establishment.
18 Any unauthorized divulgence of business affairs of the employees.
19 Collection or canvassing for the collection of any money within the premises of
an establishment unless authorized by the employer.
20. Holding meeting inside the premises without previous sanction of the employers.
21 Threatening or intimidating any workman or employee during the working hours

within the premises

Appendix - 'J'
Form XX
[See Rule 78 (2) (d)]
REGISTER OF DEDUCTION FOR DAMAGES OR LOSS

S. Name of Father’s/Husband Designation/ Particulars Date of

No. workman Name nature of of damage damage/loss
employment of loss
1. 2. 3. 4. 5. 6.
Whether Name of Amount No. of Date of recovery Remarks

workman person in of installmen First Last
showed whose deduction t insta- Insta-
cause presence Imposed llment llment
against employees
deduction explanation
s was heard
7. 8. 9. 10. 11. 12. 13.

116
Appendix - 'K'
Form XXII
(See Rule 78(2))
REGISTER OF ADVANCES

S. No. Name of Father’s/ Designation/ Wages Date and

workman Husband’s nature of period and amount of
Name employment wages advance
payable given
1. 2. 3. 4. 5. 6.
Purpose / for No. of Date and Date on which Remarks

which installments by amount of last
advance which advance each installment
made is to be paid installment was repaid
repaid
7. 8. 9. 10. 11.

Appendix - 'L'
Form XXIII
[See Rule 78(2) (e)]
REGISTER OF OVERTIME

S. No. Name of Father’s/ Sex Designation/ Date on

workman Husband’s nature of which
Name employment overtime
worked
1. 2. 3. 4. 5. 6.
Total Normal Overtime Overtime Rate on Remarks

overtime rate of rate of earning which
worked or wages wages overtime
production in wages
case of piece paid
rated
7 8 9 10 11 12

118
SECTION 5
FORMS AND FORMATS

(PAGE No. 119 to 147)
APLICATION FOR EXTENSION OF TIME
(To be completed by the Contractor)
P A R T –I
1. Name of Contractor
2. Name of the work as given in the Agreement
3. Agreement No.
4. Estimated amount put to tender
5. Date of commencement work as per agreement
6. Period allowed for completion of work as per agreement
7. Date of completion stipulated as per agreement
8. Period for which extension of time

has been given previously
Extension granted
a) First extension vide Engineer-in-

charge letter No… ……date Months Days
b) 2nd extension vide Engineer-in-

charge letter No……… date Months Days
c) 3rd extension vide Engineer-in-

charge letter No………. date Months Days
d) 4th extension vide engineer-in-

charge letter No………. date Months Days
Total extension previously given
9. Reasons for which extension have been previously given (copies of the previous
application should be attached)
Period for which extension is applied for:
10. Hindrances on account of which extension is applied for with dates on which
hindrances occurred, and the period for which these are likely to last.
a) Serial No.
b) Nature of hindrance
b) Date of Occurrence
c) Period for which it is likely to last
e) Period for which extension required for this particular hindrance.
f) Over lapping period, if any, with reference to item

g) Net extension applied for
h) Remarks, if any
Total period for which extension is now applied for on account of hindrances
mentioned above …………. Month/ days.
12. Extension of time required for extra work.
13. Details of extra work and on the amount involved:
a) Total value of extra work
b) Proportionate period of extension of time based on estimated amount

put to tender on account of extra work.
14. Total extension of time required for 11 & 12
Submitted to the Engineer-in-Charges office.
SIGNATURE OF CONTRACTOR
DATE

APPLICATION FOR EXTENSION OF TIME
(PART – II)
1. Date of receipt of application from Contractor

for the work in the Engineer-in-charge office.
2. Acknowledgement issued by Engineer-in-charge vide

his letter No. dated
3. Engineer-in-charge remarks regarding hindrances mentioned by

the Contractor.
i) Serial No.
ii) Nature of hindrance
iii) Date of occurrence of hindrance
iv) Period for which hindrance, is likely to last
v) Extension of time period applied for by the contractor
vi) Over lapping period, if any, giving reference to items

which over lap
vii) Net period for which extension is recommended.
viii) Remarks as to why the hindrance occurred and

justification for extension recommended.
4. Engineer-in-charge recommendations.
The present progress of the work should be stated and whether the work is likely to be
completed by the date up to which extension has been applied for. If extension of
time is not recommended, what compensation is proposed to be levied under the
agreement.
SIGNATURTE OF ENGINEER-IN-CHARGE
APPROVAL OF ZONAL HEAD

PROFORMA FOR EXTENSION OF TIME
P A R T –III
To
NAME
ADDRESS OF THE CONTRACTOR
SUBJECT:
Dear Sir(s)
Reference your letter No ___________ dated _________ , in connection with the

grant of extension of time for completion of the work…..
The date of completion for the above mentioned work, is ……… as stipulated in the
agreement, dated …………
Extension of time for completion of the above mentioned work is granted

upto_____________, without prejudice to the right of the NBCC to recover
compensation for delay in accordance with the provision made in Clause of the said
agreement dated the ___/ ___/ ___. It is also clearly understood that the NBCC shall
not consider any revision in contract price or any other compensation whatsoever due
to grant of this extension.
Provided that notwithstanding the extension hereby granted, time is and shall still
continue to be the essence of the said agreement.
Yours faithfully,
FOR NBCC (India) LTD.

PROFORMA OF BANK GUARANTEE
IN LIEU OF E M D (TENDER BOND)
(Judicial Stamp paper of appropriate value as per stamp Act-of respective state)
NBCC (India) Limited,

NBCC Bhawan, Lodhi Road, New Delhi - 110003
In consideration of NBCC (India) Limited, having its Registered Office at NBCC,

Bhawan, Lodhi Road, New Delhi -110003 (hereinafter called "NBCC" which
expression shall unless repugnant to the subject or context include its successors
and assigns) having issued Notice Inviting Tender No.......... and M/s...............
having its Registered Head Office at.......... (hereinaftercalled the "TENDERER") is
to participate in the said tender for............. Whereas NBCC, as a special case, has
agreed to accept an irrevocable and unconditional Tender Bond Guarantee for an
amount of Rs....... valid upto........ from the tenderer in lieu of Cash Deposit of
Rs......... required to be made by the tenderer, as a condition precedent for
participation in the said tender. We the.........(hereinafter called the "BANK") having
its Registered, Office at......... and branch office at...... do hereby unconditionally
and irrevocably undertake to pay toNBCCimmediately on demand in writing and
without demur/protest any amount but not exceeding Rs.......... Any such demand
made by NBCC shall be conclusive and binding on us irrespective of any dispute or
differences that may be raised by the tenderer. Any change in the constitution of the
tenderer or the Bank shall not discharge our liability under the guarantee.
We, the....... Bank, lastly undertake not to revoke this guarantee during its currency
without the prior consent of NBCC in writing and this guarantee shall remain valid
upto.......... upon expiry of which, we shall be relieved of our liability under this
guarantee thereafter.
FOR AND ON BEHALF OF BANK

PLACE:
DATED:
WITNESS.
1.
2.

PROFORMA OF BANK GUARANTEE FOR PERFORMANCE

NBCC (INDIA) LIMITED,

NBCC Bhawan, Lodhi Road, New Delhi – 110003
In consideration of NBCC (INDIA) LIMITED, having its Registered Office at NBCC,

Bhawan, Lodhi Road, New Delhi -110003 (hereinafter called “NBCC”) which
expression shall unless repugnant to the subject or context include its successors and
assigns, having awarded a work order/contract / supply order No. Dated
(hereinafter called “the said contract”) to M/s. .................
...................................having its registered Head Office at ....... (hereinafter called
the contractor / supplier) which expression shall unless repugnant to the subject or
context includes its successors and assigns at a total price of Rs............... subject
to the terms and conditions contained in the contract.
WHEREAS, the terms and conditions of the contract require the contractor to furnish
a bank guarantee for Rs............... (Rupees...................) being ............% of the
total value of the contract for proper execution and due fulfilment of the
terms and conditions contained in the contract.
We, the.......... Bank, (hereinafter called “The Bank”) which expression shall unless
repugnant to the subject or context include its successors and assigns) having our
registered office at ….... and branch office at ....... hereby unconditionally and
irrevocably undertake and guarantee payment to NBCC forthwith on the same day
on demand in writing and without protest or demur of any and all moneys
payable by the contractor/supplier to NBCC under, in respect orin connection
with the execution/supply of and performance of the works/equipment, inclusive
of any loss, damages, charges, expenses and costs caused to or suffered by or
which would be caused to or suffered by NBCC by reason of any breach by the
contractor/supplier of any of the terms and conditions contained in the contract as
specified in the notice of demand made by NBCC to the bank with reference to this
guarantee up to and aggregate limit of Rs. ............. (Rupees .........only) the bank
hereby agrees with NBCC that:
1. This Guarantee shall be continuing guarantee and shall remain valid and
irrevocable for all claims of NBCC and liabilities of Supplier/Contractor till the
date of expiry of BG i.e. …………. The claim period of the Bank Guarantee shall be
for a period of 12 Months after the date of expiry of BG.
2. NBCC shall have the fullest liberty without our consent and without
affecting in any manner our obligations and liabilities hereunder to vary any of
the terms and conditions of the said contract or to extend time for performance
of contract by the contractor from time to time or to postpone for any time or
from time to time any of the powers exercisable by NBCC against the
contractor/supplier under the contract and forbear or enforce any of the terms
and conditions relating to the said contract and we shall not be relieved from
our liability by reason of any such variations or extension being granted to the
contractor or for any forbearance, act or omission on the part of NBCC or
any indulgence by NBCC to the contractor or by any such matter or thing
whatsoever, which under the law relating to the sureties would, but for this
provision, have effect of so relieving us.
3. This guarantee shall be in addition to any other guarantee or security

whatsoever NBCC may now or at any time have in relation to the performance

of the works/equipment and NBCC shall have full authority to take re-course
or to enforce this security in preference to any other guarantee or security
which the NBCC may have or obtained and no forbearance on the part of NBCC
in enforcing or requiring enforcement of any other security shall have the
effect of releasing the Bank from its liability hereunder.
4. This guarantee shall not be determined or affected by the liquidation or winding

up, dissolution or change of constitution or insolvency of the supplier/
contractor, but shall in all respects and for all purposes be binding and operative
until payment of all moneys payable to NBCC in terms thereof are paid by the
Bank ortill expiry of the Bank Guarantee including claim period of Bank
Guarantee, whichever is earlier.
5. The Bank Guarantee in no event be terminable, for any change in the

constitution of the Guarantor Bank or for any other reasons whatsoever and the
liability of the Guarantor Bank hereunder shall not be impaired or discharged by
any extension of time or variations or alterations made, given, or agreed with or
without knowledge or consent of NBCC, by or between Supplier/ Contractor and
the Bank.
6. The Bank hereby waives all rights at any time inconsistent with the terms of
this Guarantee and the obligations of the bank in terms hereof, shall not be
otherwise effected or suspended by reasons of any dispute or disputes having
been raised by the supplier/contractor (whether or not pending before
any Arbitrator, Tribunal or Court) or any denial of liability by the
supplier/contractor stopping or preventing or purporting to stop or prevent any
payment by the Bank to NBCC in terms hereof.
7. The amount stated in any notice of demand addressed by NBCC to the

Guarantor as liable to be paid to NBCC by the supplier/contractor or as
suffered or incurred by NBCC on account of any losses or damages, costs,
charges and / or expenses shall as between the Bank and NBCC be conclusive
of the amount so liable to be paid to NBCC or suffered or incurred by NBCC as
the case may be and payable by the Guarantor to NBCC in terms hereof
subject to a maximum of Rs ...........(Rupees ....................only).
8. Unless demand or claim under this Guarantee is made on the Guarantor in

writing within 12 Months after the date of expiry of the Guarantee, the
Guarantor shall be discharged from all liabilities under this Guarantee there
under.
Notwithstanding anything contained herein before our liability under this guarantee is
restricted to Rs. ................ (Rupees............................only). This guarantee will
expire on...... Any claim under this Guarantee must be received by us within 12
Months after the date of expiry.
Signed this ................... day of ..................... at……….
For and on behalf of Bank

WITNESS.
1._______________
2._______________


(IN LIEU OF SECURITY DEPOSIT)
NBCC (India) Ltd.,

In consideration of the NBCC (India) Ltd., having its Registered Office at NBCC,
expression shallunless repugnant to the subject or context include its successors and
assigns having awarded to M/s......................................... .......(hereinafter called
“the Supplier/Contractor”) having its registered Head Office at....... which expression
shall unless repugnant to the subject or context includes its successors and assigns)
a Contract in terms inter-alia of NBCC’s letter NO......................dated..........and the
Contract/Purchase Conditions of NBCC and upon the condition of the
Supplier/Contractor furnishing Security for the performance of the Supplier’s
obligations and /or discharge of the contractor’s/supplier’s liability under and/or in
connection with the said supply contract upto a sum of Rs...............
(Rupees.......................... only). We, the ...................Bank (hereinafter called “The
Bank”) which expression shall unless repugnant to the subject or context include its
successors and assigns having our registered office at ….... and branch office at
....... hereby undertake and guarantee payment to NBCC forthwith on the same
day on demand in writing and without protest or demur of any and all moneys
payable by the supplier/contractor to NBCC under, in respect or in connection
with the said contract inclusive of all the losses, damages, costs, charges and
expenses and other moneys payable in respect of the above as specified in any
notice of demand made by NBCC to the Bank with reference to this guarantee upto
and aggregate limit of Rs…......(Rupees.....................only) and the bank hereby
agree with NBCC that:
date of expiry of BG i.e. …………. The claim period of the Bank Guarantee shall be
for a period of 12 months after the date of expiry of BG.
2. This Guarantee shall be in addition to any other Guarantee or Security

whatsoever that NBCC now or at any time have in relation to the Supplier’s
obligations/liabilities under and/or in connection with the said supply/contract,
and NBCC shall have full authority to take recourse or to enforce this Security
in preference to any other Guarantee or Security which NBCC may have or
obtain and no forbearance on the part of NBCC in enforcing or requiring
enforcement of any other Security shall have the effect of releasing the
Bank from its liability hereunder.
3. NBCC shall be at liberty without reference to the Bank and without affecting the
full liability of the Bank hereunder to take any other security in respect of the
Supplier’s/Contractor’s obligations and/ or liabilities under or in connection with
the said supply/contract or to grant time and / or indulgence to the supplier /
contractor or to increase or otherwise vary the prices or the total contract value
or to release or to forbear from enforcement of all or any of the conditions
under the said supply / contract and / or the remedies of NBCC under any
other security/securities now or hereafter held by NBCC and no such dealings,
increase(s) or other indulgence(s) or arrangement(s) with the supplier /
contractor or releasing or forbearance whatsoever shall have the effect of

releasing the Bank from its full liability to NBCC hereunder or prejudicing
rights of NBCC against the Bank.
4. This Guarantee shall not be determined or affected by the liquidation or winding

up, dissolution or change of constitution or insolvency of the supplier /
contractor but shall in all respects and for all purposes be binding and operative
until payment of all moneys payable to NBCC in terms thereof or till expiry of the
Bank Guarantee including claim period of Bank Guarantee, whichever is earlier.

the Bank.
this Guarantee and the obligations of the Bank in terms hereof shall not
be otherwise affected or suspended by reason of any dispute or disputes having
been raised by the supplier / contractor (whether or not pending before any
Arbitrator, Tribunal or Court) or any denial or liability by the supplier/
contractor stopping/ preventing or purporting to stop or prevent any payment
by the Bank to NBCC in terms thereof.

charges and / or expenses shall as between the Bank and NBCC be conclusive
of the amount so liable to be paid to NBCC or suffered or incurred by NBCC as
the case may be and payable by the Guarantor to NBCC in terms hereof
subject to a maximum of Rs ...........(Rupees ....................only),

writing within 12 months after the date of expiry of the Guarantee i.e. upto
......... the Guarantor shall be discharged from all liabilities under this Guarantee
there under.
months after the date of expiry.
For and on behalf of the Bank
Place
Date
WITNESS:
1. 2.

FOR INTEREST BEARING MOBILIZATION ADVANCE

(Judicial Stamp paper of appropriate value as per Stamp Act of respective state)
NBCC (India) Ltd.,

Bhawan, Lodhi Road, New Delhi -110003 (hereinafter called “NBCC” which
expression shall unless repugnant to the subject or context include its successor and
assigns) having agreed under the terms and conditions of Contract No .... dated
....made between M/s............... (hereinafter called the “The Supplier /Contractor”)
having its Registered Head Office at.......... which expression shall unless repugnant
to the subject or context include its successors and assigns and NBCC in connection
with (name of work) (hereinafter called “the said contract”) to make at the request of
the Contractor a Mobilization Advance of Rs. _______ carrying interest @ … % p.a.
for utilizing it for the purpose of the Contract on his furnishing a guarantee
acceptable to NBCC, we the ............ Bank (hereinafter called “The Bank”) which
expression shall unless repugnant to the subject or context include its successor and
assigns and having our registered office at ….... and branch office at ....... here by
unconditionally and irrevocably undertake and guarantee payment to NBCC forthwith
on the same day on demand in writing and without protest or demur the said
advance along with interest as provided according to the terms and conditions of the
contract up to and aggregate limit of Rs .......... (Rupees .........only) inclusive of
interest @ …….% p.a and the Bank hereby agree with NBCC that:
irrevocable for all claims of NBCC and liabilities of tenderer till the date of expiry
of BG i.e. …………. The claim period of the Bank Guarantee shall be for a period of
12 months after the date of expiry of BG.
2. NBCC shall be the sole judge of and as to whether the amount claimed has fallen
due to NBCC under the said agreement or whether the said Contractor has not
utilized the said advance or any part thereof for the purpose of the Contract and
the extent of loss or damage caused to or suffered by NBCC on account of the
said advance together with interest not being recovered in full and the decision
of NBCC that the amount has fallen due from’ contractor or the said Contractor
has not utilized the said advance or any part thereto for the purpose of the
contract and as to the amount or amounts of loss or damage caused to or
suffered by NBCC shall be final and binding on us.
3. Guarantee herein contained shall remain in full force and effect till NBCC certify
that the said advance with interest has been fully recovered from the said
contractor and accordingly discharges this Guarantee. NBCC shall have no claims
under this Guarantee unless a notice of the claims under this Guarantee has
been served on the Bank within 12 months after the expiry of the said Bank
Guarantee in which case the same shall be enforceable against the Bank.
4. This Guarantee shall not be determined or affected by the liquidation or winding
up, dissolution or change of constitution or insolvency of the supplier /
until payment of all moneys payable to NBCC in terms thereof or till the expiry of
the Bank Guarantee including claim period of Bank Guarantee, whichever is
earlier.

the Bank.
be otherwise affected or suspended by reason of any dispute or disputes having
been raised by the Supplier /Contractor (whether or not pending before any
Arbitrator, Tribunal or Court) or any denial or liability by the Supplier/
Contractor stopping/ preventing or purporting to stop or prevent any payment
by the Bank to NBCC in terms thereof.
7. NBCC shall have the fullest liberty without affecting in any way the liability of the
Bank under this Guarantee or indemnity from time to time to vary any of the
terms and conditions of the said Contract or the advance or to extend time of
performance by the said Contractor or to postpone for any time and from time to
time of the powers exercisable by it against the said Contractor and either to
enforce or forbear from enforcing any of terms and conditions governing the said
Contract or the advance or securities available to NBCC and the said Bank shall
not be released from its liability under these presents by any exercise by NBCC
of the liberty with reference to the matters aforesaid or by reasons of time being
given to the said Contractor or any other forbearance, act or omission on the
part of NBCC or any indulgence by NBCC to the said Contractor or of any other
matter or thing whatsoever which under the law relating to sureties would but
for this provision have the effect of so releasing the bank from its such liability.
8. It shall not be necessary for NBCC to proceed against the Contractor before
proceeding against the Bank and Guarantee herein contained shall be
enforceable against the Bank notwithstanding any security which NBCC may
have obtained or obtain from the Contractor or shall at the time when
proceedings are taken against the Bank hereunder be outstanding or unrealized.
months after the date of expiry.
Dated this…............… day of……...............

Place:
Date:
Witness:
1.
2.

FORM OF EXTENSION OF BANK GUARANTEE
(On Non-judicial stamp paper of same value on which original BG was executed)
Ref. No.:
Date:
To,
NBCC (I) Limited,
------------------------
------------------------
Dear Sir
Subject: Extension of Bank Guarantee No........................ for

..........................(indicate value of Bank
Guarantee)..........................favouring yourselves expiring on
................... on account of M/s ............................(Name of
Contractor/Supplier)................in respect of contract for ..........(insert
contract name).........., hereafter called original Bank Guarantee)
At the request of M/s ................... , we .................. Bank branch office at

............. and having its Head office at .......................do hereby extend our liability
under the above mentioned guarantee No. ...................... dated ...................... for
a further period of ....................... year/ months from ........................... to expire
on ........................
Except as provided above, all other terms and conditions of original Bank Guaarantee
No. ........................dated .............................. shall remain unaltered and binding.
Please treat this as an integral part of the original Guarantee to which it would be
deemed to have been attached.
Signature....................................................
Name.........................................................
Designation................................................
Authorised vide Power
of Attorney No..........................................
Dated...........................................................

PERFORMA OF BANK GUARANTEE
(IN LIEU OF GUARANTEE FOR ANTI-TERMITE TREATMENT)
NBCC (India) Ltd.,

NBCC Bhawan, Lodhi Road,
New Delhi – 110003
In consideration of the NBCC (India) Ltd., having its Registered Office at

NBCC, Bhawan, Lodhi Road, New Delhi -110003 (hereinafter called “NBCC”)
which expression shall unless repugnant to the subject or context include its
successors and assigns having awarded to M/s.........................................
.......(hereinafter called “the Supplier/Contractor”) having its registered Head
Office at....... which expression shall unless repugnant to the subject or context
includes its successors and assigns) a Contract in terms inter-alia of NBCC’s
letter NO......................dated..........and the Contract/Purchase Conditions of
NBCC and upon the condition of the Supplier/Contractor furnishing Security for
the performance of the Supplier’s obligations and /or discharge of the
contractor’s/supplier’s liability for removal of defects in Anti-termite
treatment under the said contract upto a sum of Rs...............
(Rupees.......................... only). We, the ...................Bank (hereinafter called
“The Bank”) which expression shall unless repugnant to the subject or context
include its successors and assigns having our registered office at ….... and
branch office at ....... hereby undertake and guarantee payment to NBCC
forthwith on the same day on demand in writing and without protest or demur of
any and all moneys payable by the supplier/contractor to NBCC under, in
respect or in connection with the said contract inclusive of all the losses,
damages, costs, charges and expenses and other moneys payable in respect of
the above as specified in any notice of demand made by NBCC to the Bank with
reference to this guarantee upto and aggregate limit of
Rs…......(Rupees.....................only) and the bank hereby agree with NBCC
that:
date of expiry of BG i.e. …………. The claim period of the Bank Guarantee
shall be for a period of 12 months after the date of expiry of BG.

contractor or to increase or otherwise vary the prices or the total contract
value or to release or to forbear from enforcement of all or any of the
conditions under the said supply / contract and / or the remedies of NBCC

under any other security/securities now or hereafter held by NBCC and no
such dealings, increase(s) or other indulgence(s) or arrangement(s) with the
supplier / contractor or releasing or forbearance whatsoever shall have the
effect of releasing the Bank from its full liability to NBCC hereunder or
prejudicing rights of NBCC against the Bank.
4. This Guarantee shall not be determined or affected by the liquidation or

winding up, dissolution or change of constitution or insolvency of the supplier /
until payment of all moneys payable to NBCC in terms thereof or till expiry of
earlier.

liability of the Guarantor Bank hereunder shall not be impaired or discharged
by any extension of time or variations or alterations made, given, or agreed
with or without knowledge or consent of NBCC, by or between Supplier/
Contractor and the Bank.
be otherwise affected or suspended by reason of any dispute or disputes
having been raised by the supplier / contractor (whether or not pending
before any Arbitrator, Tribunal or Court) or any denial or liability by the
supplier/ contractor stopping/ preventing or purporting to stop or prevent
any payment by the Bank to NBCC in terms thereof.

charges and / or expenses incurred in rectification of defects or re-
execution of Anti-termite treatment shall as between the Bank and NBCC
be conclusive of the amount so liable to be paid to NBCC or suffered or
incurred by NBCC as the case may be and payable by the Guarantor to NBCC
in terms hereof subject to a maximum of Rs ...........(Rupees
....................only),

......... the Guarantor shall be discharged from all liabilities under this
Guarantee there under.
Notwithstanding anything contained herein before our liability under this

guarantee is restricted to Rs. ................ (Rupees............................only). This
guarantee will expire on...... Any claim under this Guarantee must be received by
us within 12 months after the date of expiry.
For and on behalf of the Bank
Place
Date
WITNESS: 1. 2.

FORM FOR GUARANTEE BOND
FOR ANTI-TERMITE TREATMENT
THIS AGREEMENT made this____ day of Two thousand _____ between

M/s_______________ (hereinafter called the guarantor of the one part and M/s NBCC
(India) Limited, hereinafter called the NBCC hereinafter called the OWNER of the
other part.
Whereas this agreement is supplementary to the contract hereinafter called the

contract dated________ made between the guarantor of the one part and NBCC
(India) Ltd., of the other part whereby the contractor inter-alia, understood to render
the buildings and structures in the said contract recited, completed, termite proof.
And whereas the guarantor agreed to give a guarantee to the effect that the said
structure will remain termite proof for TEN YEARS to be so reckoned from the date
after the maintenance period prescribed in the contract expires.
During this period of guarantee the guarantor shall make good all defects and for that
matter shall replace at his risk and cost such wooden member as may be damaged by
termite and in case of any other defect being found, he shall render the building
termite proof at his cost to the satisfaction of the Engineer-in-charge and shall
commence the works of such rectification within seven days from date of issuing
notice from the Engineer-in-Charge calling upon him to rectify the defects falling which
the work shall be got done by NBCC/ OWNER by some other contractor at the
guarantor's cost and risk and in the later case the decision of the Engineer-in-charge
as to the cost recoverable from the guarantor shall be final and binding.
That if the Guarantor fails to execute the Anti-Termite treatment or commits breaches
hereunder then the Guarantor will indemnify NBCC against all losses damages, cost
expenses or otherwise which may be incurred by him by reasons of any default on the
part of the guarantor in performance and observance of this supplemental Agreement.
As to the amount of loss and or damage and/or cost incurred by NBCC/ OWNER
decision of the Engineer-in-charge will be final and binding on the parties.
In witness where of these presents have been executed by the

Guarantor________________ and by____________ for and on behalf of NBCC on
the day of month and year first above written.
Signed sealed and delivered by (Guarantor)
IN THE PRESENCE OF:

1.
2.
Signed for and on behalf of NBCC by/ in presence of:
1.
2.

PERFORMA OF BANK GUARANTEE
(IN LIEU OF GUARANTEE FOR WATER-PROOFING WORKS)
NBCC (India) Ltd.,

NBCC Bhawan, Lodhi Road,
New Delhi – 110003
expression shall unless repugnant to the subject or context include its successors
and assigns having awarded to M/s......................................... .......(hereinafter
called “the Supplier/Contractor”) having its registered Head Office at.......
which expression shall unless repugnant to the subject or context includes its
successors and assigns) a Contract in terms inter-alia of NBCC’s letter
NO......................dated..........and the Contract/Purchase Conditions of NBCC
and upon the condition of the Supplier/Contractor furnishing Security for the
performance of the Supplier’s obligations and /or discharge of the
contractor’s/supplier’s liability for removal of defects in Water Proofing
treatment under the said contract upto a sum of Rs...............
(Rupees.......................... only). We, the ...................Bank (hereinafter called
“The Bank”) which expression shall unless repugnant to the subject or context
include its successors and assigns having our registered office at ….... and
branch office at ....... hereby undertake and guarantee payment to NBCC
forthwith on the same day on demand in writing and without protest or demur of
any and all moneys payable by the supplier/contractor to NBCC under, in
respect or in connection with the said contract inclusive of all the losses,
damages, costs, charges and expenses and other moneys payable in respect of
the above as specified in any notice of demand made by NBCC to the Bank with
reference to this guarantee upto and aggregate limit of
Rs…......(Rupees.....................only) and the Bank hereby agree with NBCC
that:
date of expiry of BG i.e. …………. The claim period of the Bank Guarantee
shall be for a period of 12 months after the date of expiry of BG.

contractor or to increase or otherwise vary the prices or the total contract
value or to release or to forbear from enforcement of all or any of the
conditions under the said supply / contract and / or the remedies of NBCC

under any other security/securities now or hereafter held by NBCC and no
such dealings, increase(s) or other indulgence(s) or arrangement(s) with the
supplier / contractor or releasing or forbearance whatsoever shall have the
effect of releasing the Bank from its full liability to NBCC hereunder or
prejudicing rights of NBCC against the Bank.
4. This Guarantee shall not be determined or affected by the liquidation or

winding up, dissolution or change of constitution or insolvency of the supplier /
until payment of all moneys payable to NBCC in terms thereof or till expiry of
earlier.

liability of the Guarantor Bank hereunder shall not be impaired or discharged
by any extension of time or variations or alterations made, given, or agreed
with or without knowledge or consent of NBCC, by or between Supplier/
Contractor and the Bank.
be otherwise affected or suspended by reason of any dispute or disputes
having been raised by the supplier / contractor (whether or not pending
before any Arbitrator, Tribunal or Court) or any denial or liability by the
supplier/ contractor stopping/ preventing or purporting to stop or prevent
any payment by the Bank to NBCC in terms thereof.

suffered or incurred by NBCC on account of any losses or damages,
costs, charges and / or expenses incurred in rectification of deficiencies
or re-execution of Water Proofing treatment shall as between the Bank
and NBCC be conclusive of the amount so liable to be paid to NBCC or
suffered or incurred by NBCC as the case may be and payable by the
Guarantor to NBCC in terms hereof subject to a maximum of Rs
...........(Rupees ....................only),

......... the Guarantor shall be discharged from all liabilities under this
Guarantee there under.
Notwithstanding anything contained herein before our liability under this

guarantee is restricted to Rs................. (Rupees............................only). This
guarantee will expire on...... Any claim under this Guarantee must be received by
us within 12 months after the date of expiry.
For and on behalf of Bank

Place
Date
WITNESS: 1. 2.

GUARANTEE TO BE EXECUTED BY CONTRACTOR FOR REMOVAL
OF DEFECTS AFTER COMPLETION IN RESPECT OF WATER
PROOFING WORKS
The agreement made this ……………..day of ……………..Two thousand One and ……..
between …………………………… (hereinafter called Guarantor of the one part) and the
NBCC (India) Limited (hereinafter called the Execution Agency of the other part).
WHEREAS this agreement is supplementary to a contract (hereinafter called the

Contract), dated ………… and made between the GUARANTOR OF THE ONE part and the
NBCC of the other part, whereby the Contractor, inter-alia, undertook to render the
buildings and structures in the said contract recited completely water and leak proof.
AND WHEREAS the Guarantor agreed to give a guarantee to the effect that the said
structures will remain water and leak proof for ten years from the date of handing
over of the structure of water proofing treatment.
NOW THE GUARANTOR hereby guarantees that water proofing treatment given by him
will render the structures completely leak proof and the minimum life of such water
proofing treatment shall be ten years to be reckoned from the date after the
maintenance period prescribed in the contract.
Provided that the Guarantor will not be responsible for leakage caused by earthquake
or structural defects or misuse of roof or alteration and for such purpose.
a) Misuse of roof shall mean any operation, which will damage proofing treatment,
like chopping of fire wood and things of the same nature which might cause
damage to the roof.
b) Alternation shall mean construction of an additional storey or a part of the roof or

construction adjoining to existing roof whereby proofing treatment is removed in
parts
c) The decision of the Engineer-in-Charge with regard to cause of leakage shall be

final
During this period of guarantee, the Guarantor shall make good all defects and in case
of any defect being found render the building water proof to the satisfaction of the
Engineer-in-Charge at his cost and shall commence the work for such rectification
within seven days from the date of issue of notice from the Engineer-in-Charge calling
upon him to rectify the defects failing which the work shall be got done by the NBCC
by some other Contractor at the guarantor’s cost and risk. The decision of Engineer-
in-Charge as to the cost, payable by the Guarantor shall be final and binding.
That if the Guarantor fails to execute the water proofing or commits breach there-
under, then the Guarantor will indemnify the principal and his successors against all
laws damage, cost, expense or otherwise which may be incurred by him by reason of
any default on the part of the GUARANTOR in performance and observance of this
supplementary agreement. As to the amount of loss and / or damage and/ or cost
incurred by the NBCC, the decision of the Engineer-in-Charge will final and binding on
the parties.

IN WITNESS WHEREOF these presents have been executed by the Obligator,, ,,…..and
by …………. And for and on behalf of the NBCC on the day, month and year first above
written.
Signed, sealed and delivered by Obligator in the presence of-
1.
2.
Signed for and on behalf of the NBCC (India) Limited by _____________
In presence of:
1.
2.

PROFORMA OF
INDENTURE FOR SECURED ADVANCE OR CREDIT
THIS INDENTURE made this day of ______________ Between _____________
(hereinafter called the contractor) which expression shall where the Context as admits
or implies be deemed to include his executor/administrators and assign of the one
part and NBCC (India) Ltd., having its Registered Office at NBCC, Bhawan, Lodhi
Road, New Delhi -110003 (hereinafter called the Engineer) which expression shall
where the context so admits or implies be deemed to include its successors and assign
of the other part.
Whereas by an agreement dated (hereinafter called the said agreement). The

Contractor has agreed to construct..............................
And whereas the Contractor has applied to the Engineer that he may be or be given
credited for materials brought by him to the site of the work subject to the said
agreement for use in construction of the work.
NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of Rs._____________ (Rupees ___________ only) paid to
the contractor by the Engineer. The receipt where the Contractor hereby
acknowledges and of such advance or credited (if any) as may be made to him as
aforesaid the Contractor hereby covenants and agrees with The Engineer and declares
as follows:
1. That all sums given as advance or credit by The Engineer to the Contractor as
aforesaid shall be employed by the Constructor in or toward the execution of the
said works and for no other purpose whatsoever.
2. That the material for which the advance or credit is given are offered to and
accepted by The Engineer as security and are absolutely the Contractor's own
property and free from encumbrances of any kind the Contractor will not make
any application for or receives further advance or credit on the security or
material which are not absolutely his own property and free from encumbrances
of any kind and the Contractor shall indemnify The Engineer against any claims
to any material in respect of which advance or credit has been made to him as
aforesaid.
3. That the said material and all other material on the security of which any further
advance or advances or credit may be given as aforesaid (hereinafter called the
said materials) shall be used by the Contractor s solely in the execution of the
said works in accordance with the direction of the Engineer and in terms of said
agreement.
4. That the Contractor shall make at his own cost all necessary and adequate
arrangement for the proper safe custody and protection against all risks of the
said material and that until used in the construction as aforesaid the material
shall remain at the site of the said works in Contractor's custody and on his
responsibility and shall at all times be open to inspection by The Engineer. In the
events of the materials or any part thereof being stolen, destroyed or damaged
or becoming deteriorated in greater degree than in due to reasonable use and
wear thereof the Contractor will replace the same with other materials of like
quality of repair and make good the same as required by The Engineer.
5. That said material shall not on any account be removed from the site of work
expect with the written permission of The Engineer.
6. That the advance shall be repayable in full when or before Contractor receives
payment from The Engineer of the price payable to him for the said work under
the term and provisions of the said agreement. Provided that if any intermediate

payments are made to the Contractor on account of work done then on the
occasion of each payment The Engineer will be at liberty to make a recovery
from the Contractor's bill from such payments by deducting there from the value
of the said materials than actually used in the contraction and in respect of
which recovery has not been made previously. The value of this purpose being
determined in respect of each description of materials at the rates at which the
amounts of the advance as made under these presents was calculated.
7. That if the Contractor shall at any time make at any default in the performance
of observance in respect of any of the terms and provisions of the said
agreement or of that provisions the total amount of the advance or advances
that may still be owing to The Engineer, shall immediately on the happening of
such default be repayable by the Contractor to The Engineer together with
interest thereon at 12% p.a. from the date of respective dated to such advance
or advances to the date of payment and with all costs. Damages and expenses
incurred by The Engineer in or for recovery hereof or the Contractor hereby
covenants and agrees with The Engineer to repay and pay the same respective
to him accordingly.
8. That the Contractor hereby charges all the said materials with the repayment to
The Engineer of all sums advances or credit as aforesaid and all costs. Charges,
damages and expenses payable under these presents PROVIDED ALWAYS it is
hereby agreed and declared that notwithstanding anything in the said agreement
and without prejudice to the powers contained therein if and wherever the
covenant for payment and repayment herein before contained shall be become
enforceable and the money owing shall not be paid in accordance therewith. The
Engineer may at any time thereafter adopt all or any of the following courses he
may deem best:
a. Seize the utilize the said material or any part thereof in the completion of the
said works in accordance with the provision in that behalf contained in the
said agreement debating the Contractor with the actual cost of effecting such
completion and the amount due in respect of advance or credit under these
presents and crediting the Contractor with value of work done as if he has
carried it out in accordance with the said agreement and the rates thereby
provided if the balance is against the Contractor is to pay the same to the
engineer on demand.
b. Remove and sell by public action the seized materials or any part thereof and
out of the money arising from the sale repay the engineer under these
presents and pay over the surplus (if any) to the Contractor.
c. Deduct all or any part of the moneys owing from any sums due to the
contractor under said agreement.
9. Expect in the event of such default on the part of contractor as aforesaid,
interest or the said advance shall not be payable.
10. That in the event of conflict between the provisions of these presents and the
said agreements, the provision of these presents 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 hereinbefore expressly provided
for the same shall so far as is lawful be subject to jurisdiction of Delhi courts
only.
IN WITNESS whereof the said the engineer and the contractor hereunto set their
respective hands and seals the day year first above written.
Signed Sealed and delivered by
Contractor The Engineers

AGREEMENT FORM
This agreement made this day of (Month) (Year), between the NBCC (India)
Limited (NBCC), a company incorporated under the Companies Act, 1956 having its
RegisteredOffice at NBCC Bhawan, Lodhi Road, New Delhi – 110 003 (hereinafter
referred to as the “NBCC” which expression shall include its administrators,
successors, executors and assigns) of the one part and M/s (NAMEOF
CONTRACTOR) (hereinafter referred to as the ‘Contractor’ which expression shall
unless the context requiresotherwise include its administrators, successors, executors
and permitted assigns) of the other part.
WHEREAS, NBCC, has desirous of construction of (NAME OF WORK) (hereinafter

referred to as the “PROJECT”) on behalf of the (NAME OF OWNER/MINISTRY)
(hereinafter referred to as “OWNER”), had invited tenders as per Tender documents
vide NIT No. _____.
AND WHEREAS (NAME OF CONTRACTOR) had participated in the above referred

tender vide their tender dated _____ and NBCC has accepted their aforesaid tender
and award the contract for (NAME OF PROJECT) on the terms and conditions
contained in its Letter of Intent No. ________ and the documents referred to therein,
which have been unequivocally accepted by (NAME OF CONTRACTOR) vide their
acceptance letter dated _______ resulting into a contract.
NOW THEREFORE THIS DEED WITNESSETH AS UNDER:
ARTICLE 1.0 – AWARD OF CONTRACT
1.1 SCOPE OF WORK
NBCC has awarded the contract to (NAME OF CONTRACTOR) for the work of
(NAME OF WORK) on the terms and conditions in its letter of intent No.
__________ dated ________ and the documents referred to therein. The award has
taken effect from (DATE) i.e. the date of issue of aforesaid letter of intent. The terms
and expressions used in this agreement shall have the same meanings as are
assigned to them in the “Contract Documents” referred to in the succeeding Article.
ARTICLE 2.0 – CONTRACT DOCUMENTS
2.1 The contract shall be performed strictly as per the terms and conditions
stipulated herein and in the following documents attached herewith (hereinafter
referred to as “Contract Documents”).
a) NBCC Notice Inviting Tender vide No. ________ date ______and NBCC’s
tender documents consisting of:
i) General Conditions of Contract (GCC) alongwith amendments/errata to

GCC (if any) issued (Volume-I).
ii) Special Conditions of Contract including Appendices & Annexures,

Volume-II.
iii) Bill of Quantities alongwith amendments/corrigendum of schedule

items, if any (Volume-II).
iv) ________________________________________________
v) ______________________________________________

b) (NAME OF CONTRACTOR) letter proposal dated ________ and their
subsequent communication:
i) Letter of Acceptance of Tender Conditions dated ______________

ii) _____________________________________________________
iii) _____________________________________________________
2.2 NBCC’s detailed Letter of Intent No. _________ dated ____ including Bill of
Quantities. Agreed time schedule, Contractor’s Organisation Chart and list of
Plant and Equipments submitted by Contractor.
2.3 All the aforesaid contract documents referred to in Para 2.1 and 2.2 above shall
form an integral part of this Agreement, in so far as the same or any part
thereof column, to the tender documents and what has been specifically agreed
to by NBCC in its Letter of Intent. Any matter inconsistent therewith, contrary or
repugnant thereto or deviations taken by the Contractor in its “TENDER” but not
agreed to specifically by NBCC in its Letter of Intent, shall be deemed to have
been withdrawn by the Contractor without any cost implication to NBCC. For the
sake of brevity, this Agreement alongwith its aforesaid contract documents and
Letter of Intent shall be referred to as the “Contract”.
ARTICLE 3.0 – CONDITIONS & CONVENANTS
3.1 The scope of Contract, Consideration, terms of payments, advance, security

deposits, taxes wherever applicable, insurance, agreed time schedule,
compensation for delay and all other terms and conditions contained in NBCC’s
Letter of Intent No. __________ dated _____ are to be read in conjunction with
other aforesaid contract documents. The contract shall be duly performed by the
contractor strictly and faithfully in accordance with the terms of this contract.
3.2 The scope of work shall also include all such items which are not specifically
mentioned in the Contract Documents but which are reasonably implied for the
satisfactory completion of the entire scope of work envisaged under this contract
unless otherwise specifically excluded from the scope of work in the Letter of
Intent.
3.3 Contractor shall adhere to all requirements stipulated in the Contract

documents.
3.4 Time is the essence of the Contract and it shall be strictly adhered to. The
progress of work shall conform to agreed works schedule/contract documents
and Letter of Intent.
3.5 This agreement constitutes full and complete understanding between the parties
and terms of the presents. It shall supersede all prior correspondence to the
extent of inconsistency or repugnancy to the terms and conditions contained in
Agreement. Any modification of the Agreement shall be effected only by a
written instrument signed by the authorized representative of both the parties.
3.6 The total contract price for the entire scope of this contract as detailed in Letter
of Intent is Rs. ____________________________________________ (Rupees
_____________________________ only), which shall be governed by the
stipulations of the contract documents.

ARTICLE 4.0 – NO WAIVER OF RIGHTS
4.1 Neither the inspection by NBCC or the Engineer-in-Charge or Owner or any of

their officials, employees or agents nor order by NBCC or the Engineer-in-
Charge for payment of money or any payment for or acceptance of, the whole or
any part of the work by NBCC or the Engineer-in-Charge nor any extension of
time nor any possession taken by the Engineer-in-Charge shall operate as
waiver of any provisions of the contract, or of any power herein reserved to
NBCC, or any right to damage herein provided, nor shall any waiver of any
breach in the contract be held to be a waiver or any other or subsequent
breach.
ARTICLE 5.0 – GOVERNING LAW AND JURISDICTION
5.1 The Laws applicable to this contract shall be the laws in force in India and
jurisdiction of Delhi Court (s) only.
5.2 Notice of Default
Notice of default given by either party to the other party under the Agreement
shall be in writing and shall be deemed to have been duly and properly served
upon the parties hereto, if delivered against acknowledgment due or by FAX or
by registered mail duly addressed to the signatories at the address mentioned
herein above.
IN WITNESS WHEREOF, the parties through their duly authorized

representatives have executed these presents (execution whereof has been
approved by the Competent Authorities of both the parties) on the day, month
and year first above mentioned at New Delhi.
For and on behalf of: For and on behalf of:
(NAME OF CONTRACTOR) M/s NBCC (India) LIMITED
WITNESS: WITNESS:
1. 1.

UNDERTAKING FOR FINANCIAL ASSISTANCE
(To be submitted by the contractor on non-judicial stamp paper of Rs. 100/-

(Rupees Hundred only) purchased in Delhi & duly attested by Notary Public at
Delhi)
NBCC has awarded the (Name of the Project)………………………… vide LoA No. …………….
Dated……………….. and Agreement dated……......., to M/s ………………………………………,
having its Regd. Office/ Head Office at ……………………………, hereinafter referred to as
“contractor”.
I, ...................................... S/o, ...................................... R/o……………………….,

Working as……………., duly authorized by the Company Resolution dated ……………. or on
behalf of the Partnership (as the case may be), do hereby undertake and affirm that;
1. I am the Sole Proprietor/Authorized signatory of the contractor.
2. In terms of the Clause 23.2 of the General Conditions of Contract the contractor is
entitled for payment only when NBCC receives the corresponding payment against
the bill from the client/owner of the project. However, since no corresponding
payment against the bill has been released by the client/owner, on the
contractor’s specific request for financial assistance under Clause 23.4 of the
General Conditions of Contract, NBCC has shown its willingness to extend financial
assistance amounting to Rs. ………………… (Rs …………………………….) to the contractor
for use in execution of the aforementioned work(s).
3. The sum(s) released under the said Clause 23.4 as financial assistance by NBCC
shall be utilised by the contractor in or toward the execution of the said works and
for no other purpose whatsoever.
4. In consideration of NBCC agreeing to pay Rs. ………………… (Rs …………………………….)

I undertake that NBCC shall be entitled to adjust/recover the said sum(s) released
as financial assistance along with simple interest @.... % p.a. on the said financial
assistance from the contractor.
5. The sum(s) released under the said Clause 23.4 as financial assistance along with
interest thereon shall be adjusted/recovered by NBCC from the corresponding
payment received from the client/owner as stipulated in the said Clause 23.4 or at
NBCC’s sole discretion from any other dues at any stage of the contract or from
any other work(s) being executed by contractor on behalf of NBCC.
Verified at ................this...........day of .....................
Signature of the Authorized Person
ATTESTED BY (NOTARY PUBLIC) AT DELHI

Undertaking by the Contractor to have complied with the provisions of
Contract Labour (Regulation & Abolition) Act & Rules, EPF and ESI
Obligations.
(To be submitted along with each RA/Final Bill)
(Clause 73.4.2, Section-3)
I ------------------------------------------------ S/o Sh.------------------------------

--------------------------authorised representative of M/s--------------------------
------------------------------------------------, do hereby declare and undertake
as under:
2. That in the capacity of independent Contractor for M/s NBCC (India) Ltd. at ---
---------------------------------------------------------------------------------------
------------------------------- I and the sub-contractor engaged by me for the
above said work, if any, have complied with the provisions of Contract Labour
(Regulation & Abolition) Act, 1970 by holding a valid license under the Act and
Rules thereto. I have paid the wages for the month of -----------------------
--------------
These wagesare not less than the minimum rates applicable to all the
employees and no other dues are payable to any employee.
3. That I and the sub-contractor engaged by me for the above said work, if any,
have covered all the eligible employees under Employees Provident Funds and
Miscellaneous Provisions Act, 1952 and the Employees State Insurance Act,
1948 and deposited the Contributions for the months up to ------------------
-------and as such no amount towards EPF/ESI contributions, whatsoever is
payable, is pending.
4. I, further declare and undertake that in case any liability pertaining to my

employees or towards employees of the sub-contractor engaged by me for the
above said work, if any, arises in future, I shall be fully responsible for all
consequences. In case any liability is discharged by NBCC (India) Ltd. due to
my/ my sub-contractor’s lapse, I undertake to reimburse the same or NBCC
(India) Ltd. is authorised to deduct the same from my dues at this Project or
at any other Project.
Authorised Signatory
(Name & Seal of Company)
Date:____________
Witness:
1. _________________
2. _________________

ANNEXURE-4.8A
Proforma for final completion certificate to be issued by Client/customer
(Clause no. 35, section-3)
No. Dated
TO WHOM IT MAY CONCERN
This is to certify that M/s NBCC (India) Limited, NBCC Bhawan, Lodhi Road, New
Delhi-110003 has successfully completed and handed over the work/Project of
_________________________ as per Technical specifications, drawings and
meeting norms of contract agreement/MOU. The details of project are given
below:-
S. Description Details
No.
1 Name of Project/
Work
2 Sanction letter/
Agreement No. &
date
3 Sanctioned cost Rs.
4 Actual completion Rs.

cost
5 Date of
commencement
6 Date of completion
(Capital work)
7 Date of completion
(Commissioning
part)
8 Performance Satisfactory/ good/ Very good/ Excellent
Signature and stamp of clients

(Name of client)

Indemnity Bond against release of Direct Payment to vendors/Sub-
contractors
(This Indenture has to be submitted in a stamp paper (purchased from

Delhi only) of Rs 100 and to be signed and notarized at Delhi only))
INDEMNITY BOND
This Indemnity Bond is made on this ____ day of ______________, 2021
By and Between
_____________ (hereinafter called the Contractor/Indemnifier) which expression

shall unless be repugnant to the context include its successors and assigns of the
first part.
in favour of
NBCC (India) Ltd., having its Registered Office at NBCC, Bhawan, Lodhi Road, New
Delhi -110003 (hereinafter called NBCC) which expression shall unless be
repugnant to the context include its successors and assigns of the second part.
WHEREAS vide LOA bearing No_______ dated ______ the Contractor was
awarded the work of __________ (hereinafter referred to as “said work”).
AND WHEREAS an agreement dated _______was thereafter entered into

between the parties regarding the said work (hereinafter called the said
agreement).
AND WHEREAS, the Contractor, vide __________ (details of the communication

received) has specifically requested NBCC to directly make payment amounting to
Rs. _________ (the amount to be paid) to ______________ (name of the
subcontractor/vendor) on behalf of the Contractor, not to be construed as a
precedent in any manner.
AND WHEREAS, the Contractor has in continuation to the aforementioned

request forwarded the Bank details of _____________ (name of the
subcontractor/vendor) where NBCC is required to make the payment.
AND WHEREAS, in order to indemnify NBCC against any loss/claim/dispute

arising out of release of the payment of aforementioned amount directly to ———
—————(name of the subcontractor/vendor) by NBCC, the Contractor has agreed
to execute an indemnity bond in favour of NBCC.
NOW, THEREFORE, THIS INDEMNITY BOND PROVIDES AS FOLLOWS:

1) That the Contractor undertakes/certifies that the amount of Rs ______ to
be released directly to ____________ (name of the subcontractor/ vendor)
by NBCC has been verified and is found to be payable.
2) That the Contractor agrees to the said amount of Rs. ___________ being
deducted/ adjusted from any/all payment due or that may become due to
the Contractor from NBCC.
3) That the Contractor undertakes that payment to __________ (name of the

subcontractor/ vendor) directly by NBCC on its request shall not relieve
Contractor from any of its liabilities or contractual obligations towards
NBCC and such release of payment by NBCC shall not give rise to any
contractual relations between NBCC and ___________ ( name of the
subcontractor/ vendor).
4) That the Contractor agrees to fully indemnify NBCC against any

loss/claim/dispute arising out of release of the direct payment to
_________ (name of the subcontractor/ vendor) on behalf of the
contractor.
5) That any dispute arising out of this indenture of Indemnity shall be subject
to the exclusive jurisdiction of the courts at New Delhi only.
IN WITNESS WHEREOF the Contractor/Indemnifier herein has hereunto set his

respective hand and seal on the day, month and year above first written.
Signed Sealed at Delhi and delivered by
Contractor/Indemnifier
Witness
1.
2.

GENERAL CONDITIONS
OF CONTRACT - 2022
PMC Works

CORPORATE OFFICE: NBCC Bhawan, Lodhi Road, New Delhi-110003 l CIN-L74899DL1960GOI003335

WEBSITE : www.nbccindia.com l E-MAIL : co.sectt@nbccindia.com l LANDLINE : 011 - 43591555 / 24367314-15

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NBCC (INDIA) LIMITED

(A Government of India Enterprise)

Notice Inviting Tender 1– 8

Instructions to Tenderer (ITT) 11– 17

Physical Milestone (Annexure I-A) 18

Integrity Pact (Annexure – III) 20– 26

SECTION - 3 CLAUSES OF CONTRACT

1.0 Definitions 37-39

2.0 Performance Guarantee 39

3.0 Security Deposit/ Retention Money 39

4.0 Mobilization Advance 40

5.0 Secured Advance Against Non-Perishable Materials 41

6.0 Deviations / Variations Extent and Pricing 42

8.0 Compensation for Delay 44

9.0 Action in Case Work Not Done As Per Specifications 45

10.0 Action in Case of Bad Work 46

11.0 Cancellation/Determination of Contract in Full or Part 46

12.0 Contractor Liable to Pay Compensation Even if Action Not 48

Signature of Tenderer Signature of NBCC

14.0 Suspension of Works 50

15.0 Termination of Contract on Death of Contractor 50

16.0 Time Essence of Contract & Extension for Delay 50

17.0 Time Schedule & Progress 52

18.0 Taxes and Duties 53

19.0 Service Tax (Deleted) 53

20.0 Income Tax Deduction (TDS) 54

21.0 Royalty on Materials 54

22.0 Insurance of Works etc. 54

24.0 Measurements of Works 57

25.0 Computerised Measurement Books 58

26.0 Withholding and Lien in Respect of Sums Due from Contractor 59

27.0 Work to be Executed in Accordance with Specifications, 60

28.0 Materials to be Provided by the Contractor 61

29.0 Materials and Samples 61

30.0 Materials Procured with the Assistance of NBCC 62

31.0 Contractor to Supply Tools & Plants 63

32.0 Mobilization of Men, Materials and Machinery 63

33.0 Quality Assurance Programme 65

34.0 Contract Coordination Procedures, Coordination Meetings and 65

35.0 Completion Certificate and Completion Plans 66

Signature of Tenderer Signature of NBCC www.nbccidia.com

37.0 Foreclosure of Contract by NBCC / Owner 67

38.0 Defects Liability Period 67

39.0 Subletting / Sub-Contracting 67

40.0 Force Majeure 68

41.0 No Compensation Clause 69

42.0 Direction for Works 69

43.0 Work in Monsoon and Rain 69

44.0 Work on Sundays, Holidays and During Night 69

45.0 Water and Electricity 69

47.0 Watch, Ward and Lighting of Work Place 70

48.0 Cement and Cement Go-down 70

49.0 Steel & Steel Stockyard 70

50.0 Bitumen Work 70

51.0 Schedule of Quantities / Bill of Quantities 71

52.0 Water Proof Treatment 71

53.0 Indian Standards 72

54.0 Centering & Shuttering 72

55.0 Records of Consumption of Cement & Steel 73