(Not to form part of the Agreement)

Major Changes made in GCC- 2008 w.r.t. GCC 2007 - At a glane

CPWD-6 - Condton of havng executed smar works moded to conform
to works Manua 2007.
CRWD-6 -Last date of recept of appcaton for tender & date of ssue of
tenders now to be speced nstead of Cacuatng from date of openng of
tenders.
CPWD-6 - Provson for purchase preference to PS deeted.
Use of correctng ud n tender documents not to be
permtted.
No payment for work done to be made t agreement s sgned by the
contractor.
5% (nstead of 10%) of amount of each b to be deducted as Securty
Depost
Cause 14 deeted & merged wth cause 3.
The word "Rescsson" deeted n cause 3, ony "Determnaton" word
stands.
Authorty to sancton EOT w be Engneer-n-Charge as per contract,
Engneer-n-Charge to get approve EOT nternay from competent
authorty as per deegaton of powers.
Cause 6A for computerzed measurement MBs by contractor, ntroduced.
Cause 9- Payment of na b- tendered vaue for submsson of na b
wthn 3/6 months rased from Rs. 5 to Rs. 15 acs.
Cause 10A - Provson made for testng ab by the contractor at ste. Lst
of testng equpments to be speced n Schedue F.
Cause 10B - Vaue of secured advance rased from 75% to 90% of the
assessed vaue.
Cause 10CA- The Cause brought at same footng by freezng cost ndex
prevang at stpuated date of competon, for extended |usted perod.
Cause 16 - Provson made for thrd party quaty assurance and defect
abty perod brought at par wth cause 17.
Cause 18 -Important machnery, toos & pants, requred by contractor to
be depoyed at ste, to be ndcated n Schedue F.
Cause 19K - Provson has been made for engagng quaed traned
sked/sem sked workers by the contractor to the extent of 20% of tota
sked/sem sked category n each trade n respect of works havng
estmated cost more than Rs. 5 crores.
Cause 25 -If Chef Engneer s not avaabe, then arbtrator w be
apponted by ADG. If ADG s aso not avaabe, then by DGW.
!hed"le #
() CP & OH rased from 10% to 15%,
() Ony one method of xng mestones kept n cause 5
() Opton for cause 6/6A made,
(v) Lst of testng equpments for the ste ab ntroduced
(v) Lst of machnery, toos & pants for the ste ntroduced
(v) Provson of "rate n schedue B + 10% n case matera ssued by
department n respect of recovery rates" deeted.
Note$ -1. Provson contaned n CPWD Works Manua 2007 sha be referred
for ng up the Bank Porton of CPWD Form 6, 7 & 8 etc. at the tme of
nazng NIT.
2. %efore framing the agreement& the a'o(e list of major
hanges shall 'e detahed i.e. will not form part of the Agreement.
G)N)*A+ G,-.)+-N)!
1. Ths book of "Genera Condtons of Contract" s appcabe to both types
of tenders Le." Percentage rate tenders and Item rate tenders".
Accordngy, aternatve provsons for condtons Nos. 4, 10& 12 of the
Genera Rues and Drectons are gven n ths book. The approprate
aternatves w be appcabe n specc cases dependng on whether ths
s used for percentage rate tender (CPWD-7) or tem rate tender (CPWD-
8).
2. CPWD-6, Schedues A to F, speca condtons/speccatons and drawngs
ony w be ssued to ntendng bdders. The standard form w not be
ssued aong wth the Tender Documents but the same sha form part of
the agreement to be drawn and. sgned by both partes after acceptance
of tender.
3. A banks are conned to Notce Invtng Tender (CPWD-6) and Schedues
A to F.
4. Authorty approvng the Notce Invtng Tenders (NIT) sha up a the
banks n CPWD-6 and n Schedues B to F before ssue of ' Tender Papers.
5. The ntendng bdders w quote ther rates n Schedue A.
6. The proforma for regsters and Schedues A to F are ony for nformaton
and gudance. These are not to be ed n the Standard Form. The
Schedues wth a banks, duy ed, sha be separatey ssued to a
ntendng tenderers.
G/0)*NM)N1 /# -N.-A
C)N1*A+ 2,%+-C 3/*4! .)2A*1M)N1
STATE CIRCLE
BRANCH DIVISION
ZONE SUB-DIVISION
2erentage *ate 1ender 5 -tem *ate 1ender 6 Contrat for 3or7s
(A) Tender for the work of:
..........................................................................................................................
.............
..........................................................................................................................
.............
() To be submtted by...............hours on........................ to
(tme) (date)
() To be opened n presence of tenderers who may be present athours
on .n the omce of.........
Issued to:............
(contractor)
Sgnature of omcer ssung the
documents
Desgnaton........
Date of Issue:.....
1)N.)*
I/We have read and examnedthe1dtcenvthg tender, schedue, A, B, C, D,
E & F. Speccatons appcabe, Drawngs & Desgns, Genera Rues and
Drectons, Condtons of Contract, causes of contract, Speca condtons,
Schedue of Rate & other documents and Rues referred to n the condtons
of contract and a other contents n the tender document for the work.
I/We hereby tender for the executon of the work speced for the Presdent
of Inda wthn the tme speced n Schedue F, vz., schedue of quanttes
and n accordance n a respects wth the speccatons, desgns, drawngs
and nstructons n wrtng referred to n Rue-1 of Genera Rues and
Drectons and n Cause 11 of the Condtons of contract and wth such
materas as are provded for, by, and n respects n accordance wth, such
condtons so far as appcabe.
We agree to keep the tender open for sxty (60) days from the due date of ts
openng and not to make any modcatons n ts terms and condtons.
A sum of Rs...........................has been deposted n cash/recept treasury
chaan/
depost at ca recept of a schedued bank/xed depost recept of schedued
bank/demand draft of a schedued bank/bank guarantee ssued by a
schedued bank as earnest money. If I/we fa to furnsh the prescrbed
performance guarantee wthn prescrbed perod, I/we agree that the sad
Presdent of Inda or hs successors n omce sha wthout pre|udce to any
other rght or remedy, be at berty to forfet the sad earnest money
absoutey. Further, f I/we fa to commence work as speced, I/we agree
that Presdent of Inda or hs successors n omce sha wthout pre|udce to
any other rght or remedy avaabe n aw, be at berty to forfet the sad
earnest money and the performance guarantee absoutey, otherwse the
sad earnest money sha be retaned by hm towards securty depost to
execute a the works referred to n the tender documents upon the terms
and condtons contaned or referred to theren and to carry out such
devatons as may be ordered, upto maxmum of the percentage mentoned
n Schedue 'F' and those n excess of that mt at the rates to be determned
n accordance wth the provson contaned n Cause 12.2 and 12.3 of the
tender form.
Further, I/We agree that n case of forfeture of earnest money or both
Earnest Money & Performance Guarantee as aforesad, I/We sha be
debarred for partcpaton n the re-tenderng process of the work.
I/We hereby decare that I/we sha treat the tender documents drawngs and
other records connected wth the work as secret/condenta documents and
sha not communcate nformaton derved therefrom to any person other
than a person to whom I/we am/are authorsed to communcate the same or
use the nformaton n any manner pre|udca to the safety of the State.
Dated Sgnature of Contractor
Wtness: Posta Address
Address:
Occupaton:
ACC)21ANC)
The above tender (as moded by you as provded n the etters mentoned
hereunder) s accepted by me for and on behaf of the Presdent of Inda for
a sum of Rs. ........................
(Rupees........................................................................)
The etters referred to beow sha form part of ths contract Agreement
(a)
(b)
(c)
For & on behaf of the Presdent of Inda
......................................... Sgnatute..
Dated..................... .Desgnaton .

G/0)*NM)N1 /# -N.-A
C)N1*A+ 2,%+-C 3/*4! .)2A*1M)N1
General *"les 6 .iretions
1. A work proposed for executon by contract w be noted n a form of
nvtaton to tender pasted n pubc paces and sgned by the omcer nvtng
tender or by pubcaton n News papers as the case may be.
Ths form w state the work to be carred out, as we as the date for
submttng and openng tenders and the tme aowed for carryng out the
work, aso the amount of earnest money to be deposted wth the
appcaton, and the amount of the securty depost and Performance
guarantee to be deposted by the successfu tenderer and the percentage, f
any, to be deducted from bs. Copes of the speccatons, desgns and
drawngs and any other documents requred n connecton wth the work
sgned for the purpose of dentcaton by the omcer nvtng tender sha
aso be open for nspecton by the contractor at the omce of omcer nvtng
tender durng omce hours.
2. In the event of the tender beng submtted by a rm, t must be sgned
separatey by each partner thereof or n the event of the absence of any
partner, t must be sgned on hs behaf by a person hodng a power-of
attorney authorsng hm to do so, such power of attorney to be produced
wth the tender, and t must dscose that the rm s duy regstered under
the Indan Partnershp Act, 1952.
3. Recepts for payment made on account of work, when executed by a
rm, must aso be sgned by a the partners, except where contractors are
descrbed n ther tender as a rm, n whch case the recepts must be sgned
n the name of the rm by one of the partners, or by some other person
havng due authorty to gve ehectua recepts for the rm.
Applia'le for -tem *ate 1ender onl8
(C23. - 8)
4. Any person who submts a tender sha up the usua prnted form,
statng at what rate he s wng to undertake each tem of the work.
Tenders, whch propose any ateraton n the work speced n the sad form
of nvtaton to tender, or n the tme aowed for carryng out the work, or
whch contan any other condtons of any sort, ncudng condtona rebates,
w be summary re|ected. No snge tender sha ncude more than one
work, but contractors who wsh to tender for two or more works sha submt
separate tender for each. Tender sha have the name and number of the
works to whch they refer, wrtten on the enveopes.
The rate(s) must be quoted n decma conage. Amounts must be quoted n
fu rupees by gnorng fty pase and consderng more than fty pase as
rupee one.
Applia'le for 2erentage *ate 1ender onl8
(C23. - 7)
4 A. In case of Percentage Rate Tenders, tenderer sha up the usua
prnted form, statng at what percentage beow/above (n gures as we as
n words) the tota estmated cost gven n Schedue of Ouanttes at
Schedue-A, he w be wng to execute the work. Tenders, whch propose
any ateraton n the work speced n the sad form of nvtaton to tender,
or n the tme aowed for carryng out the work, or whch contan any other
condtons of any sort ncudng condtona rebates, w be summary
re|ected. No snge tender sha ncude more than one work, but contractors
who wsh to tender for two or more works sha submt separate tender for
each. Tender sha have the name and number of the works to whch they
refer, wrtten on the enveopes.
5. The omcer nvtng tender or hs duy authorsed assstant, w open
tenders n the presence of any ntendng contractors who may be present at
the tme, and w enter the amounts of the severa tenders n a comparatve
statement n a sutabe form. In the event of a tender beng accepted, a
recept for the earnest money sha thereupon be gven to the contractor
who sha thereupon for the purpose of dentcaton sgn copes of the
speccatons and other documents mentoned n Rue-I. In the event of a
tender beng re|ected, the earnest money sha thereupon be returned to the
contractor remttng the same, wthout any nterest.
6. The omcer nvtng tenders sha have the rght of re|ectng a or any of
the tenders and w not be bound to accept the owest or any other tender.
7. The recept of an accountant or cerk for any money pad by the
contractor w not be consdered as any acknowedgment or payment to the
omcer nvtng tender and the contractor sha be responsbe for seeng that
he procures a recept sgned by the omcer nvtng tender or a duy
authorsed Casher.
8. The memorandum of work tendered for and the schedue of materas
to be supped by the department and ther ssue-rates, sha be ed and
competed n the omce of the omcer nvtng tender before the tender form
s ssued. If a form s ssued to an ntendng tenderer wthout havng been so
ed n and ncompete, he sha request the omcer to have ths done before
he competes and devers hs tender.
9. The tenderers sha sgn a decaraton under the omcas Secret Act
1923, for mantanng secrecy of the tender documents drawngs or other
records connected wth the work gven to them. The unsuccessfu tenderers
sha return a the drawngs gven to them.
9A. Use of correctng ud, anywhere n tender document s not permtted.
Such tender s abe for re|ecton.
Applia'le for -tem *ate 1ender onl8
(C23. - 8)
10. In the case of Item Rate Tenders, ony rates quoted sha be
consdered, Any tender contanng percentage beow/above the rates quoted
s abe to be re|ected. Rates quoted by the contractor n tem rate tender n
gures and words sha be accuratey ed n so that there s no dscrepancy
n the rates wrtten n gures and words. However, f a dscrepancy s found,
the rates whch correspond wth the amount worked out by the contractor
sha uness otherwse proved be taken as correct. If the amount of an tem s
not worked out by the contractor or t does not correspond wth the rates
wrtten ether n gures or n words, then the rates quoted by the contractor
n words sha be taken as correct. Where the rates quoted by the contractor
n gures and n words tay, but the amount s not worked out correcty, the
rates quoted by the contractor w uness otherwse proved be taken as
correct and not the amount. In event no rate has been quoted for any
tem(s), eavng space both n gure(s), word(s), and amount bank, t w be
presumed that the contractor has ncuded the cost of ths/these tem(s) n
other tems and rate for such tem(s) w be consdered as zero and work w
be requred to be executed accordngy.
Applia'le for 2erentage *ate 1ender onl8
(C23. - 7)
10 A. In case of Percentage Rate Tenders ony percentage quoted sha be
consdered. Any tender contanng tem rates s abe to be re|ected.
Percentage quoted by the contractor n percentage rate tender sha be
accuratey ed n gures and words, so that there s no dscrepancy.
However f the contractor has worked out the amount of the tender and f
any dscrepancy s found In the percentage quoted n words and gures,
the percentage whch corresponds wth the amount worked out by the
contractor sha, uness otherwse proved, be taken as correct. If the
amount of the tender s not worked out by the contractor or t does not
correspond wth the percentage wrtten ether n gures or n words, then
the percentage quoted by the contractor In Words sha be taken as
correct. Where the percentage quoted by the contractor In gures and In
words tay but the am9unt s not worked out correcty, the percentage
quoted by the contractor w, uness otherwse proved, be taken as
correct and not the amount.
11. In the case of any tender where unt rate of any tem/tems appear
unreastc such tender w be consdered as unbaanced and In case the
tenderer' s unabe to provde satsfactory expanaton, such a tender s
abe to be dsquaed and re|ected.
Applia'le for -tem *ate tender onl8
(C23.-8)
12. A rates sha be quoted on the tender form. The amount for each tem
shoud be worked out and requste totas gven. Speca care shoud be taken
to wrte the rates n gures as we as n words and the amount n gures
ony, n such a way that nterpoaton s not possbe. The tota amount
shoud be wrtten both n gures and n words. In case of gures, the word
Rs. shoud be wrtten before the gure of rupees and yvord 'P' after the
decma gures, e.g. 'Rs. 2.15 P' and n case of words, the word Rupees
shoud precede and the word 'Pase' shoud be wrtten at the end. Uness the
rate s n whoe Rupees and foowed by the word 'ony' t shoud nvaraby
be upto two decma paces. Whe quotng the rate n schedue of quanttes,
the word 'ony' shoud be wrtten cosey foowng the amount and t shoud
not be wrtten n the next ne.
Applia'le for 2erentage *ate 1ender onl8
(C23.-7)
12 A. In Percentage Hate Tender, the tenderer sha quote percentage
beow/above (n gures as we as n words) at whch he w be wng to
execute the \work. He sha aso work out the tota amount of hs oher and
the same shoud be wrtten n gures as we as n words n such a way that
no nterpoaton s possbe, In case of gures, the word 'Rs.' shoud be
wrtten before the gure of rupees and word 'P after the decma gures e.g.
'Rs. 2.15P and n case of words, the word 'Rupees' shoud precede and the
word 'Pase' shoud be wrtten at the end.
13. () The Contractor whose tender s accepted, w be requred to furnsh
performance guarantee of 5% (Fve Percent) of the tendered amount wthn
the perod speced n Schedue F. Ths guarantee sha be n the form of
cash (n case guarantee amount s ess than Rs. 10,000/) or Depost at ca
recept of any schedued bank/Banker's cheque of any schedued
bank/Demand Draft of any schedued bank/Pay order of any schedued bank
(n case guarantee amount s ess than Rs. 1,00,000/-) or Government
Securtes or Fxed Depost Recepts or Guarantee Bonds of any Schedued
Bank or the State Bank of Inda n accordance wth the prescrbed form.
() The contractor whose tender s accepted, w aso be requred to furnsh
by way of Securty Depost for the fument of hs contract, an amount
equa to 5% of the tendered vaue of the work. The Securty depost w be
coected by deductons from the runnng bs of the contractor at the rates
mentoned above and the earnest money deposted at the tme of tenders,
w be treated as a part of the Securty Depost. The Securty amount w
aso be accepted n cash or n the shape of Government Securtes. Fxed
Depost Recept of a Schedued Bank or State Bank of Inda w aso be
accepted for ths purpose provded conrmatory advce s encosed.
14. On acceptance of the tender, the name of the accredted
representatve(s) of the contractor who woud be responsbe for takng
nstructons from the Engneer-n-Charge sha be communcated n
wrtng to the Engneer -n-Charge.
15. Saes-tax VAT, purchase tax, turnover tax or any other tax on matera n
respect of ths contract sha be payabe by the Contractor and Government
w not entertan any cam whatsoever n respect of the same.
16. The contractor sha gve a st of both gazetted and non-gazetted
C.P.W.D. empoyees reated to hm.
17. The tender for the work sha not be wtnessed by a contractor or
contractors who hmsef/ themseves has/have tendered or who may and
has/have tendered for the same work. Faure to observe ths condton woud
render, tenders of the contractors tenderng, as we as wtnessng the
tender, abe to summary re|ecton.
18. The tender for composte work ncudes, n addton to budng work, a
other works such as santary and water suppy nstaatons dranage
nstaaton, eectrca work, hortcuture work, roads and paths etc. The
tenderer apart from beng a regstered contractor (B&R) of approprate cass,
must assocate hmsef wth agences of approprate cass whch are egbe
to tender for santary and water suppy dranage, eectrca and hortcuture
works n the composte tender.
19. The contractor sha submt st of works whch are n hand (progress) n
the foowng form:
Name of Name and partcuars of Dvn Vaue of Poston of
Remarks
work where work s beng executed work works n
progress
1. 2. 3. 4. 5.
20. The contractor sha compy Wth the provsons of the Apprentces Act
1961, and the rues and orders ssued there under from tme to tme. If he
fas to do so, hs faure w be a breach of the contract and the
Superntendng Engneer/Executve Engneer may n hs dscreton, wthout
pre|udce to any other rght or remedy avaabe n aw, cance the contract.
The contractor sha aso be abe for any pecunary abty arsng on
account of any voaton by hm of the provsons of the sad Act.
C/N.-1-/N! /# C/N1*AC1
.e9nitions
1. The Contract means the documents formng the tender and
acceptance thereof and the forma agreement executed between the
competent authorty on behaf of the Presdent of Inda and the Contractor,
together wth the documents referred to theren ncudng these condtons,
the speccatons, desgns, drawngs and nstructons ssued from tme to
tme by the Engneer-n Charge and a these documents taken together,
sha be deemed to form one contract and sha be compementary to one
another.
2. In the contract, the foowng expressons sha, uness the context
otherwse requres, have the meanngs, hereby respectvey assgned to
them: -
() The expresson wor7s or wor7 sha, uness there be somethng
ether n the sub|ect or context repugnant to such constructon, be
construed and taken to mean the works by or by vrtue of the
contract contracted to be executed whether temporary or permanent,
and whether orgna, atered, substtuted or addtona.
() The !ite sha mean the Iand/or other graces on, nto or through
whch work s to be executed under the contract or any ad|acent and,
path or street through whch work s to be executed under the contract
or any ad|acent and, path or street whch may be aotted or used for
the purpose of carryng out the contract.
() The ontrator sha mean the ndvdua, rm or company,
whether ncorporated or not, under takng the works and sha Incude
the ega persona representatve of such ndvdua or the persons
composng such rm or company and the permtted assgnees
of such ndvdua, rm or company.
(v)The 2resident means the Presdent of Inda and .hs successors.
(v)The )ngineer-in-harge means the Engneer Omcer who sha
supervse and be n charge of the work and who sha sgn the contract
on behaf of the Presdent of Inda as mentoned n Schedue 'F'
hereunder,
(v) Go(ernment or Go(ernment of -ndia sha mean the Presdent
of Inda.
(v) The terms .iretor General of 3or7s ncudes Addtona
Drector Genera and Chef Engneer of the Zone.
(v) Aepting A"thorit8 sha mean the authorty mentoned n
Schedue 'F'.
(x) ):epted *is7 are rsks due to rots (other than those on account
of contractors
empoyees), war (whether decared or not) nvason, act of foregn
enemes, hosttes, cv war, rebeon revouton, nsurrecton, mtary
or usurped power, any acts of Government, damages from arcraft,
acts of God, such as earthquake, ghtenng and unprecedented oods,
and other causes over whch the contractor has no contro and
accepted as such by the Acceptng Authorty or causes soey due to
use or occupaton by Government of the part of the works n respect of
whch a certcate of competon has been ssued or a cause soey due
to Government's fauty desgn of works.
(x) Mar7et *ate sha be the rate as decded by the Engneer-n-
Charge on the bass of the cost of materas and abour at the ste
where the work s to be executed pus the percentage mentoned n
Schedue 'F' to cover, a overheads and prots.
(x) !hed"le(s) referred to n these condtons sha mean the
reevant schedue(s) annexed to the tender papers or the standard
Schedue of Rates of the government mentoned n Schedue 'F'
hereunder, wth the amendments thereto ssued upto the date of
recept of the tender.
(x) .epartment means CPWD or any department of Government of
Inda, whch nvtes tenders on behaf of Presdent of Inda as speced
n schedue 'F'.
(x) Dstrct Speccatons means the speccatons foowed by the
State Government n the area where the work s to be executed.
(xv) Tendered vaue means the vaue of the entre work as stpuated
n the etter of
award
!ope and 2erformane
3. Where the context so requres, words mpartng the snguar ony aso
ncude the pura and vce versa. Any reference to mascune gender sha
whenever requred ncude femnne gender and vce versa.
4. Headngs and Margna notes to these Genera Condtons of Contract
sha not be deemed to form part thereof or be taken nto consderaton n
the nterpretaton or constructon thereof or of the contract.
5. The contractor sha be furnshed, free of cost one certed copy of the
contract documents except standard speccatons, Schedue of Rates and
such other prnted and pubshed documents, together wth a drawngs as
may be formng part of the tender papers. None of these documents sha be
used for any purpose other than that of ths contract.
3or7s to 'e arried o"t
6. The work to be carred out under the Contract sha, except as
otherwse provded n these condtons, ncude a abour, materas, toos,
pants, equpment and transport whch may be requred n preparaton of
and for and n the fu and entre executon and competon of the works. The
descrptons gven n the Schedue of Ouanttes (Schedue-A) sha, uness
otherwse stated, be hed to ncude wastage on materas, carrage and
cartage, carryng and return of emptes, hostng, settng, ttng and xng n
poston and a other abours necessary n and for the fu and entre
executon and competon of the work as aforesad n accordance wth good
practce and recognsed prncpes.
!";ien8 of 1ender
7. The Contractor sha be deemed to have satsed hmsef before
tenderng as to the correctness and sumcency of hs tender for the works
and of the rates and prces quoted n the Schedue of Ouanttes, whch rates
and prces sha, except as otherwse provded, cover a hs obgatons
under the Contract and a matters and thngs necessary for the proper
competon and mantenance of the works.
.isrepanies and Adj"stment of )rrors
8. The severa documents formng the Contact are to be taken as
mutuay expanatory of one another, detaed drawngs beng foowed n
preference to sma scae drawng and gured dmensons n preference to
scae and speca condtons n preference to Genera Condtons.
8.1 In the case of dscrepancy between the schedue of Ouanttes,
the Speccatons and/ or the Drawngs, the foowng order of
preference sha be observed
() Descrpton of Schedue of Ouanttes.
() Partcuar Speccaton and Speca Condton,
f any.
() Drawngs.
(v) C.P.W.D. Speccatons.
(v) Indan Standard Speccatons of B.I.S.
8.2 If there are ryng or conctng provsons made n anyone document
formng part of the contract, the Acceptng Authorty sha be the decdng
authorty wth-regard to the ntenton of the document and hs decson sha
be na and bndng on the contractor.
8.3 Any error n descrpton, quantty or rate n Schedue of Ouanttes or
any omsson therefrom sha not vtate the Contract or reease the
Contractor from the executon of the whoe or any part of the works
comprsed theren accordng to drawngs and speccatons or from any of
hs obgatons under the contract.
!igning of Contrat
9. The successfu tenderer/contractor, on acceptance of hs tender by the
Acceptng Authorty, sha, wthn 15 days from the stpuated date of start of
the work, sgn the contract consstng of:-
() The notce nvtng tender, a the documents ncudng drawngs, f
any, formng
the tender as ssued at the tme of nvtaton of tender and acceptance
thereof together wth any correspondence eadng thereto.
() Standard C.P.W.D. Form as mentoned n Schedue 'F'
consstng of:
(a) Varous standard causes wth correctons upto the date
stpuated n Schedue 'F' aong wth annexures thereto.
(b) C.P.W.D. Safety Code.
(c) Mode Rues for the protecton of heath, santary arrangements
for workers empoyed by CPWD or ts contractors.
(d) CPWO Contractor's Labour Reguatons.
(e) Lst of Acts and omssons for whch nes can be mposed.
() No payment for the work done w be made uness contract s sgned
by the contractor.
C+A,!)! /# C/N1*AC1
C+A,!) <
2erformane G"arantee
() The contractor sha submt an rrevocabe Performance Guarantee of 5%
(Fve percent) of the tendered amount n addton to other deposts
mentoned esewhere n the contract for hs proper performance of the
contract agreement, (not wthstandng and/or wthout pre|udce to any
other provsons n the contract) wthn perod speced n Schedue 'F' from
the date of ssue of etter of acceptance. Ths perod can be further
extended by the Engneer-n-Charge upto a maxmum perod as speced n
schedue 'F' on wrtten request of the contractor statng the reason for
deays n procurng the Performance Guarantee, to the satsfacton of the
Engneer-n-Charge. Ths guarantee sha be n the form of Cash (n case
guarantee amount s ess than Rs. 10,000/-) or Depost at Ca recept of
any schedued bank/Banker's Cheque of any schedued bank/Demand Draft
of any schedued bank/Pay Order of any schedued bank (n case guarantee
amount s ess than Rs. 1,00,000/-) or Government Securtes or Fxed
Depost Recepts or Guarantee Bonds of any Schedued Bank or the State
Bank of Inda n accordance wth the form annexed hereto. In case a xed
depost recept of any Bank s furnshed by the contractor to the
Government as part of the performance guarantee and the Bank s unabe
to make payment aganst the sad xed depost recept, the oss caused
thereby sha fa on the contractor and the contractor sha forthwth on
demand furnsh addtona securty to the Government to make good the
dect,
() The Performance Guarantee sha be ntay vad upto the stpuated
date of competon pus 60 days beyond that. In case the tme for competon
of work gets enarged, the contractor sha get the Vadty of Performance
Guarantee extended to cover such enarged tme for competon of work.
After recordng of the competon certcate for the work by the competent
authorty, the performance guarantee sha be returned to the contractor,
wthout any nterest.
() The Engneer-n-Charge sha not make a cam under the performance
guarantee except for amounts to whch the Presdent of nda s entted
under the contract (not wthstandng and/or wthout pre|udce to .any other
provsons n the contract agreement) n the event of:
(a) Faure by the contractor to extend the vadty of the
Performance Guarantee as descrbed heren above, n whch event the
Engneer-n-Charge may cam the fu amount of the Performance
Guarantee.
(b) Faure by the contractor to pay Presdent of Inda any amount
due, ether as agreed by the contractor or determned under any of
the Causes/Condtons of the agreement, wthn 30 days of the servce
of notce to ths ehect by Engneer-n-Charge.
(v) In the event of the contract beng determned or rescnded under
provson of any of the Cause/Condton of the agreement, the performance
guarantee sha stand forfeted n fu and sha be absoutey at the dsposa
of the Presdent of Inda.
C+A,!) < A
*eo(er8 of !e"rit8 .eposit
The person/persons whose tender(s) may be accepted (herenafter caed the
contractor) sha permt Government at the tme of makng any payment to
hm for work done under the contract to deduct a sum at the rate of 5% of
the gross amount of each runnng b t the sum aong wth the sum aready
deposted as earnest money, w amount to securty depost of 5% of the
tendered vaue of the work. Such deductons w be made and hed by
Government by way of Securty Depost uness he/they has/have deposted
the amount of Securty at the rate mentoned above n cash or n the form of
Government Securtes or xed depost recepts. In case a xed depost
recept of any Bank s furnshed by the contractor to the Government as part
of the securty depost and the Bank s unabe to make payment aganst the
sad xed depost recept, the oss caused thereby sha fa on the contractor
and the contractor sha forthwth on demand furnsh addtona securty to
the Government to make good the dect.
A compensatons or the other sums of money payabe by the contractor
under the terms of ths contract may be deducted from, or pad by the sae
of a sumcent part of hs securty depost or from the nterest arsng
therefrom, or from any sums whch may be due to or may become due to
the contractor by Government on any account whatsoever and n the event
of hs Securty Depost beng reduced by reason of any such deductons or
sae as aforesad, the contractor sha wthn 10 days make good n cash or
xed depost recept tendered by the State Bank of Inda or by Schedued
Banks or Government Securtes (f deposted for more than 12 months)
endorsed n favour of the Engneer-n-Charge, any sum or sums whch may
have been deducted from, or rased by sae of hs securty depost or any
part thereof. The securty depost sha be coected from the runnng bs of
the contractor at the rates mentoned above and the Earnest money
deposted at the tme of tenders w be treated as part of the Securty
Depost.
The securty depost as deducted above can be reeased aganst bank
guarantee ssued by a schedued bank, on ts accumuaton to a mnmum of
Rs. 5 akh sub|ect to the condton that amount of such bank guarantee,
except ast one, sha not be ess than Rs. 5 akh.
Note-<$ Government papers tendered as securty w be taken at 5% (ve
per cent) beow ts market prce or at ts face vaue, whchever s ess. The
market prce of Government paper woud be ascertaned by the Dvsona
Omcer at the tme of coecton of nterest and the amount of nterest to the
extent of decency n vaue of the Government paper w be wthhed f
necessary.
Note-2$ Government Securtes w ncude a forms of Securtes mentoned
n Rue No. 274 of the G.F. Rues except dety bond. Ths w be sub|ect to
the observance of the condton mentoned under the rue aganst each form
of securty.
Note-=$ Note 1 & 2 above sha be appcabe for both cause
1 and 1A
C+A,!) 2
Compensation for .ela8
If the contractor fas to mantan the requred progress n terms of cause 5
or to compete the work and cear the ste on or before the contract or
extended date of competon, he sha, wthout pre|udce to any other rght or
remedy avaabe under the aw to the Government on account of such
breach, pay as agreed compensaton the amount cacuated at the rates
stpuated beow as the authorty speced n schedue 'F' (whose decson n
wrtng sha be na and bndng) may decde on the amount of tendered
vaue of the work for every competed day/month (as appcabe) that the
progress remans beow that speced n Cause 5 or that the work remans
ncompete.
Ths w aso appy to tems or group of tems for whch a separate perod of
competon has been speced.
() Compensaton @ 1.5 % per month of deay
for deay of work to be computed on per day bass
Provded aways that the tota amount of compensaton for deay to be pad
under ths Condton sha not exceed 10% of the Tendered Vaue of work or
of the Tendered Vaue of the tem or group of tems of work for whch a
separate perod of competon s orgnay gven.
The amount of compensaton may be ad|usted or set-oh aganst any sum
payabe to the Contractor under ths or any other contract wth the
Government. In case, the contractor does not acheve a partcuar
mestone mentoned n schedue F, or the re-schedued mestone(s) n
terms of Cause 5.4, the amount shown aganst that mestone sha be
wthhed, to be ad|usted aganst the compensaton eved at the na grant
of Extenson of Tme. Wth-hodng of ths amount on faure to acheve a
mestone sha be automatc wthout any notce to the contractor.
However, f the contractor catches up wth the progress of work on the
subsequent mestone(s), the wthhed amount sha be reeased. In case
the contractor fas to make up for the deay n subsequent mestone(s),
amount mentoned aganst each mestone mssed subsequenty aso sha
be wthhed. However, no nterest, whatsoever, sha be payabe on such
wthhed amount.
C+A,!)2A
-nenti(e for earl8 ompletion
In case, the contractor competes the work ahead of schedued competon
tme, a bonus @1 % (one per cent) of the tendered vaue per month
computed on per day bass, sha be payabe to the contractor, sub|ect to a
maxmum mt of 5% (ve per cent) of the tendered vaue. The amount of
bonus, f payabe, sha be pad aong wth na b after competon of
work. Provded aways that provson of the Cause 2A sha be appcabe
ony when so provded n 'Schedue F'
C+A,!) =
3hen Contrat an 'e .etermined
Sub|ect to other provsons contaned n ths cause, the Engneer-n-Charge
may, wthout pre|udce to hs any other rghts or remedy aganst the
contractor n respect of any deay, nferor workmanshp, any cams for
damages and / or any other provsons of ths contract or otherwse, and
whether the date of competon has or has not eapsed, by notce n wrtng
absoutey determne the contract n any of the foowng cases:
() If the contractor havng been gven by the Engneer-n-Charge a
notce n wrtng to rectfy, reconstruct or repace any defectve work
Or that the work s beng performed n an nemcent or otherwse
mproper or unwork manke manner sha omt to compy wth the
requrement of such notce for a perod of seven days thereafter.
() If the contract or has, wthout reasonabe cause, suspended the
progress of the work or has faed to proceed wth the work wth due
dgence so that n the opnon of the Engneer -n-Charge (whch
sha be na and bndng) he w be unabe to secure competon of
the work by the date for competon and contnues to do so after a
notce n wrtng of seven days from the Engneer-n-Charge.
() If the contractor fas to compete the work wthn the stpuated
date or tems of work wth ndvdua date of competon, f any
stpuated, on or before such date(s) of competon and does not
compete them wthn the perod speced n a notce gven n wrtng
n that behaf by the Engneer-n-Charge.
(v) If the contractor persstenty negects to carry out hs obgatons
under the contract and / or commts defaut n compyng wth any of
the terms and condtons of the contract and does not remedy t or
take ehectve steps to remedy t wthn 7 days after a notce n
wrtng s gven to hm n that behaf by the Engneer-n-Charge.
(v) If the contractor sha oher or gve or agree to gve to any person
n Government servce or to any other person on hs behaf any gft
or consderaton of any knd as an nducement or reward for dong or
forbearng to do or for havng done or forborne to do any act n
reaton to the obtanng or executon of ths or any other contract for
Government.
(v) If the contractor sha enter nto a contract wth Government n
connecton wth whch commsson has been pad or agreed to be
pad by hm or to hs knowedge, uness the partcuars of any such
commsson and the terms of payment thereof have been prevousy
dscosed n wrtng to the Engneer-n-Charge.
(v) If the contractor sha obtan a contract wth Government as a
resut of wrong tenderng or other non-bonade methods of
compettve tenderng.
(v) If the contractor beng an ndvdua, or f a rm, any partner
thereof sha at any tme be ad|udged nsovent or have a recevng
order or order for admnstraton of hs estate made aganst hm or
sha take any proceedngs for qudaton or composton (other than a
vountary qudaton for the purpose of amagamaton or
reconstructon) under any Insovency Act for the tme beng n force or
make any conveyance or assgnment of hs ehects or composton or
arrangement for the benet of hs credtors or purport so to do, or f
any appcaton be made under any Insovency Act for the tme beng
n force for the sequestraton of hs estate or f a trust deed be
executed by hm for benet of hs credtors.
(x) If the contractor beng a company sha pass a resouton or the
court sha make an order that the company sha be wound up or f a
recever or a manager on behaf of a credtor sha be apponted or f
crcumstances sha arse whch entte the court or the credtor to
appont a recever or a manager or whch entte the court to make a
wndng up order.
(x) If the contractor sha suher an executon beng eved on hs goods
and aow t to be contnued for a perod of 21 days.
(x) If the contractor assgns, transfers, subets (engagement of abour
on a pece-work bass or of abour wth materas not to be
ncorporated n the work, sha not be deemed to be subettng) or
otherwse parts wth or atte11Pt:) to assgn, transfer, subet or
otherwse parts wth the entre works or any porton thereof wthout
the pror wrtten approva of the Engneer -n-Charge.
(x) If the work s not started by the contractor wthn/8th of the
stpuated tme.
When the contractor has made hmsef abe for acton under any of
the cases aforesad, the Engneer-n-Charge on behaf of the Presdent
of Inda sha have powers:
(a) To determne the contract as aforesad (of whch termnaton notce
n wrtng to the contractor under the hand of the Engneer-n-Charge
sha be concusve evdence). Upon such determnaton, the Earnest
Money Depost, Securty Depost aready recovered and Performance
Guarantee under the contract sha be abe to be forfeted and sha
be absoutey at the dsposa of the Government
(b) After gvng notce to the contractor to measure up the work of the
contractor and to take such whoe, or the baance or part there of, as
sha be un-executed out of hs hands and to gve t to another
contractor to compete the work. The contractor, whose contract s
determned as above, sha not be aowed to partcpate n the
tenderng process for the baance work.
In the event of above courses beng adopted by the Engneer-n-Charge, the
contractor sha have no cam to compensaton for any oss sustaned by
hm by reasons of hs havng purchased or procured any materas or entered
nto any engagements or made any advances on account or wth a vew to
the executon of the work or the performance of the contract. And n case
acton s taken under any of the provson aforesad, the contractor sha not
be entted to recover or be pad any sum for any work thereof or actuay
performed under ths contract uness and unt the Engneer-n-Charge has
certed n wrtng the performance of such work and the vaue payabe n
respect thereof and he sha ony be entted to be pad the vaue so certed.
C+A,!)=A
In case, the work cannot be started due to reasons not wthn the contro of
the contractor wthn 1 18th of the stpuated tme for competon of work,
ether party may cose the contract. In such eventuaty, the Earnest Money
Depost and the Performance Guarantee of the contractor sha be refunded,
but no payment on account of nterest, oss of prot or damages etc. sha be
payabe at a.
Contrator lia'le- to pa8 Compensation e(en if ation not ta7en
"nder
Cla"se =
C+A,!) >
In any case n whch any of the powers conferred upon the Engneer-n-
Charge by Cause-3 thereof, sha have become exercsabe and the same
are not exercsed, the non-exercse thereof sha not consttute a waver of
any of the condtons hereof and such powers sha notwthstandng be
exercsabe n the event of any future case of defaut by the contractor and
the abty of the contractor for compensaton sha reman unahected. In
the event of the Engneer-n-Charge puttng n force a or any of the powers
vested n hm under the precedng cause he may, f he so desres after
gvng a notce n wrtng to the contractor, take possesson of (or at the soe
dscreton of the Engneer-n-Charge whch sha be na and bndng on the
contractor) use as on hre (the amount of the hre money beng aso n the
na determnaton of the Engneer-n-Charge a or any toos, pant,
materas and stores, n or upon the works, or the ste thereof beongng to
the contractor or procured by the contractor and ntended to be used for the
executon of the work/or any part thereof, payng or aowng for the same n
account at the contract rates, or , n the case of these not beng appcabe,
at current market rates to be certed by the Engneer - n - Charge, whose
certcate thereof sha be na, and bndng on the contractor, Cerk of the
works, foreman or other authorzed agent to remove such toos, pant,
materas, or stores from the premses (wthn a tme to be speced n such
notce)n the event of the contractor 'fang to compy wth any such
requston, the Engneer-n -Charge may remove them at the contractor's
expense or se them by aucton or prvate sae on account of the contractor
and hs rsk n a respects and the certcate of the Engneer-In-Charge as to
the expenses of any such remova and the amount of the proceeds and
expenses of any such sae sha be na and concusve aganst the
contractor.
1ime and ):tension for
.ela8
C+A,!) ?
The tme aowed for Executon of the Works as speced n the Schedue 'F'
or the extended tme n accordance wth these condtons sha be the
essence of the Contract. The executon of the works sha commence. from
such tme perod as mentoned n schedue 'F' or from the date of handng
over of the ste whchever s ater. If the Contractor commts defaut n
commencng the executon of the work as aforesad, Government sha
wthout pre|udce to any other rght or remedy avaabe n aw, be at berty
to forfet the earnest money & performance guarantee absoutey.
?.< As soon as possbe after the Contract s concuded, the Contractor sha
submt a Tme and Progress Chart for each mestone and get t approved by
the Department. The Chart sha be prepared n drect reaton to the tme
stated n the Contract documents for competon of tems of the works. It
sha ndcate the forecast of the dates of commencement and competon of
varous trades of sectons of the work and may be amended as necessary by
agreement between the Engneer-n-Charge and the Contractor wthn the
mtatons of tme mposed n the Contract documents, and further to ensure
good progress durng the executon of the work, the contractor sha n a
cases n whch the tme aowed for any work, exceeds one month (save for
speca |obs for whch a separate programme has been agreed upon)
compete the work as per me stones gven n Schedue F'.
?.2 If the work(s) be deayed by:
() force ma|eure, or
() abnormay bad weather, or
() serous oss or damage by re, or
(v) cv commoton, oca commoton of workmen, strke or ockout, ahectng
any of the trades empoyed on the work, or
(v) deay on the part of other contractors or tradesmen engaged by
Engneer-n-Charge n executng work not formng part of the Contract, or
(v) non-avaabty of stores, whch are the responsbty of Government to
suppy or
(v) non-avaabty or break down of toos and Pant to be supped or
supped by Government or
(v) any other cause whch, n the absoute dscreton of the Engneer-n-
Charge s beyond the Contractor's contro.
then upon the happenng of any such event causng deay, the Contractor
sha mmedatey gve notce thereof n wrtng to the Engneer-n-Charge
but sha nevertheess use constanty hs best endeavors to prevent or make
good the deay and sha do a that may be reasonaby requred to the
satsfacton of the Engneer-n-Charge to proceed wth the works.
?.= Request for reschedung of Me stones and extenson of tme, to be
egbe for consderaton, sha be made by the Contractor n wrtng wthn
fourteen days of the happenng of the event causng deay on the prescrbed
form. The Contractor may aso, f practcabe, ndcate n such a request the
perod for whch extenson s desred,
?.> In any such case the Engneer-n-Charge may gve a far and reasonabe
extenson of tme and reschedue the mestones for competon of work.
Such extenson sha be communcated to the Contractor by the Engneer-n-
Charge n wrtng, wthn 3 months of the date of recept of such request.
Non-appcaton by the contractor for extenson of tme sha not be a bar for
gvng a far and reasonabe extenson by the Engneer-n. Charge and ths
sha be bndng on the contractor.
Meas"rements of 3or7 .one
C+A,!) @
Engneer-n-Charge sha, except as otherwse provded, ascertan and
determne by measurement, the vaue n accordance wth the contract of
work done.
A measurement of a tems havng nanca vaue sha be entered n
Measurement Book and/or eve ed book so that a compete record s
obtaned of a works performed under the contract.
A measurements and eves sha be taken |onty by the Engneer-n-Charge
or hs authorzed representatve and by the contractor or hs authorsed
representatve from tme to tme durng the progress of the work and such
measurements sha be sgned and dated by the Engneer-n-Charge and the
contractor or ther representatves n token of ther acceptance. If the
contractor ob|ects to any of the measurements recorded, a note sha be
made to that ehect wth reason and sgned by both the partes.
If for any reason the contractor or hs authorsed representatve s not
avaabe and the work of recordng measurements s suspended by the
Engneer-n-Charge or hs representatve, the Engneer-n-Charge and the
Department sha not entertan any cam from contractor for any oss or
damages on ths account. If the contractor or hs authorsed representatve
does not reman present at the tme of such measurements after the
contractor or hs authorzed representatve has been gven a notce n
wrtng three (3) days In advance or fas to countersgn or to record
ob|ecton wthn a week from the, date of the measurement, then such
measurements recorded n hs absence by the Engneer-n-Charge or hs
representatve sha be deemed to be accepted by the contractor.
The contractor sha, wthout extra charge, provde a assstance wth
every appance, abour and other thngs necessary for measurements and
recordng eves.
Except where any genera or detaed descrpton of the work expressy
shows to the contrary, measurements sha be taken n accordance wth
the procedure set forth n the speccatons notwthstandng any provson
n the reevant Standard Method of measurement or any genera or oca
custom. In the case of tems whch are not covered by speccatons,
measurements: sha be taken n accordance wth the reevant standard
method of measurement ssued by the Bureau of Indan Standards and f
for any tem no such standard s avaabe, then a mutuay agreed
method sha be foowed.
The contractor sha gve, not ess than seven days' notce to the Engneer-
n-Charge or hs authorzed representatve n charge of the work, before
coverng up or otherwse pacng beyond the reach of measurement any
work n order that the same may be measured and correct 1 dmensons
thereof be taken before the same s covered up or paced beyond the reach
of measurement and sha not cover up and pace beyond reach of
measurement any work t wthout consent n wrtng of the Engneer -n-
Charge or hs authorsed representatve n charge of the work who sha
wthn the aforesad perod of seven days nspect the work, and f any work
sha be covered up or paced beyond the reach of measurements wthout
such notce havng been gven or the Engneer-n-Charge's consent beng
obtaned n wrtng, the same sha be uncovered at the Contractor's
expense, or n defaut thereof no payment or aowance sha be made for
such work or the materas wth whch the same was executed.
Engneer-n-Charge or hs authorsed representatve may cause ether
themseves or through another omcer of the department to check the
measurements recorded |onty or otherwse as aforesad and a provsons
stpuated herenabove sha be appcabe to such checkng of
measurements or eves.
It s aso a term of ths contract that recordng of measurements of any tem
of work n the measurement book and (or ts payment n the nterm on
account or na b sha not be consdered as concusve evdence as to the
sumcency of any work or matera to whch t reates nor sha t reeve the
contractor from abtes from any over measurement or defects notced t
competon of the defects abty perod.
Comp"teriAed Meas"rement %oo7
C+A,!) @A
Engneer-n-Charge sha, except as otherwse provded, ascertan and
determne by measurement the vaue of work done n accordance wth the
contract.
A measurements of a tems havng nanca vaue sha be entered by the
contractor and comped n the shape of the Computerzed Measurement
Book havng pages of A-4 sze as per the format of the department so that a
compete record s obtaned of a the tems of works performed under the
contract.
A such measurements and eves recorded by the contractor or hs
authorzed representatve from tme to tme, durng the progress of the
work, sha be got checked by the contractor from the Engneer-n-Charge or
hs authorsed representatve as per nterva or program xed n consutaton
wth Engneer-n-Charge or hs authorzed representatve. After the
necessary correctons made by the Engneer-n-Charge, the measurement
sheets sha be returned to the contractor for ncorporatng the correctons
and for resubmsson to the Engneer-n-Charge for the dated sgnatures by
the Engneer-n-Charge and the contractor or ther representatves n token
of ther acceptance.
Whenever b s due for payment, the contractor woud ntay submt draft
computerzed measurement sheets and these measurements woud be got
checked/test checked from the Engneer-n-Charge and/or hs authorzed
representatve. The contractor w, thereafter, ncorporate such changes as
may be done durng these checks/test checks n hs draft computerzed
measurements, and submt to the department a computerzed measurement
book, duy bound, and wth ts pages machne numbered. The Engneer-n-
Charge and/or hs authorzed representatve woud thereafter check ths MB,
and record the necessary certcates for ther checks/test checks.
The na, far, computerzed measurement book gven by the contractor,
duy bound, wth ts pages machne numbered, shoud be 100% correct, and
no cuttng or over-wrtng n the measurements woud thereafter be aowed.
If at a any error s notced, the contractor sha have to submt a fresh
computerzed MB wth ts pages duy machne numbered and bound, after
gettng the earer MB canceed by the department. Thereafter, the MB
sha be taken n the Dvsona Omce records, and aotted a number as per
the Regster of Computerzed MBs. Ths shoud be done before the
correspondng b s submtted to the Dvson Omce for payment. The
contractor sha submt two spare copes of such computerzed MB's for the
purpose of reference and record by the varous omcers of the department.
The contractor sha aso submt to the department separatey hs
computerzed Abstract of Cost and the b based on these measurements,
duy bound, and ts pages machne numbered aong wth two spare copes
of the "b. Thereafter, ths b w be processed by the Dvson Omce and
aotted a number as per the computerzed record n the same way as done
for the measurement book meant for measurements.
The contractor sha, wthout extra charge, provde a assstance wth every
appance, abour and other thngs necessary for checkng of
measurements/eves by the Engneer-n-Charge or hs representatve.
Except where any genera or detaed descrpton of the work expressy
shows to the contrary, measurements sha be taken n accordance wth the
procedure set forth n the speccatons notwthstandng any provson n
the reevant Standard Method of measurement or any genera or oca
custom. In the case of tems whch are not covered by speccatons,
measurements sha be taken n accordance wth the reevant standard
method of measurement ssued by the Bureau of Indan Standards and f for
any tem no such standard s avaabe then a mutuay agreed method sha
be foowed.
The contractor sha gve not ess than seven days' notce to the Engneer-
n-Charge or hs authorsed representatve n charge of the work before
coverng up or otherwse pacng beyond the reach of checkng and/or test
checkng the measurement of any work n order that the same may be
checked and/or test checked and correct dmensons thereof be taken
before the same s covered up or paced beyond the rea.ch of checkng
and/or test checkng measurement and sha not cover up and pace beyond
reach of measurement any work wthout consent n wrtng of the Engneer-
n-Charge or hs authorsed representatve n charge of the work who sha
wthn the aforesad perod of seven days nspect the work, and f any work
sha be covered up or pace<: beyond the reach of checkng and/or test
checkng measurements wthout such notce havng been gven or the
Engneer-n-Charge's consent beng obtaned n wrtng the same sha be
uncovered at the Contractor's expense, or n defaut thereof no payment or
aowance sha be made for such work or the materas wth whch the
same was executed.
Engneer -n-Charge or hs authorsed representatve may cause ether
themseves or through another omcer of the department to check the
measurements recorded by contractor and a provsons stpuated heren
above sha be appcabe to such checkng of measurements or eves.
It s aso a term of ths contract that checkng and/or test checkng the
measurements of any tem of work n the measurement book and/or ts
payment n the nterm, on account of na b sha not be consdered as
concusve evdence as to the sumcency of any work or matera to whch t
reates nor sha t reeve 'the contractor from abtes from any over
measurement or defects notced t competon of the defects abty perod.
2a8ment on -ntermediate Certi9ate to 'e regarded as Ad(anes
C+A,!) 7
No payment sha be made for work, estmated to cost Rs. Twenty thousand
or ess t after the whoe of the work sha have been competed and
certcate of competon gven. For works estmated to cost over Rs. Twenty
thousand, the nterm or runnng account bs sha be submtted by the
contractor for the work executed on the bass of such recorded
measurements on the format of the Department n trpcate on or before the
date of every month xed for the same by the Engneer-n-Charge. The
contractor sha not be entted to be pad any such nterm payment f the
gross work done together wth net payment/ ad|ustment of advances for
matera coected, f any, snce the ast such payment s ess than the
amount speced n Schedue 'F', n whch case the nterm b sha be
prepared on the apponted date of the month after the requste progress s
acheved. Engneer-n-Charge sha arrange to have the b vered by takng
or causng to be taken, where necessary, the requste measurement of the
work. In the event of the faure of the contractor to submt the bs,
Engneer-n-Charge sha prepare or cause to be prepared such bs n whch
event no cams whatsoever due to deays on payment ncudng that of
nterest sha be payabe to the contractor. Payment on account of amount
admssbe sha be made by the Engneer-n-Charge certfyng the sum to
whch the contractor s consdered entted by way of nterm payment at
such rates as decded by the Engneer-n-Charge. The amount admssbe
sha be pad by 10th workng day after the day of presentaton of the b by
the Contractor to the Engneer-n-Charge or hs Asstt. Engneer together wth
the account of the matera ssued by the department, or dsmanted
materas, f any. In the case of works outsde the headquarters of the
Engneer- n-Charge, the perod of ten workng days w be extended to
fteen workng days.
A such nterm payments sha be regarded as payment by way of advances
aganst na payment ony and sha not precude the requrng of bad,
unsound and mperfect or unsked work to be re|ected, removed, taken
away and reconstructed or re-erected. Any certcate gven by the Engneer-
n-Charge reatng to the work done or materas devered formng part of
such payment, may be moded or corrected by any subsequent such
certcate(s) or by the na certcate and sha not by tsef be concusve
evdence that any work or materas to whch t reates s/are n accordance
wth the contract and speccatons. Any such nterm payment, or any part
thereof sha not n any respect concude, determne or ahect n any way
powers of the Engneer-n-Charge under the contract or any of such
payments be treated as na settement and ad|ustment of accounts or n
any way vary or ahect the contract.
Pendng consderaton of extenson of date of competon, nterm payments
sha contnue to be made as heren provded wthout pre|udce to the rght
of the department to take acton under the terms of ths contract for deay n
the competon of work, f the extenson of date of competon s not granted
by the competent authorty.
The Engneer-n-Charge n hs soe dscreton on the bass of a certcate
from the Asstt. Engneer to the ehect that the work has been competed
upto the eve n queston make nterm advance payments wthout detaed
measurements for work done (other than foundatons, tems to be covered
under nshng tems) upto nte eve (ncudng sunshade etc.) and sab
eve, for each oor workng out at 75%' of the assessed vaue. The advance
payments so aowed sha be ad|usted n the subsequent nterm b by
takng detaed measurements thereof.
Completion Certi9ate and Completion
2lans
C+A,!) 8
Wthn ten days of the competon of the work, the contractor sha gve
notce of such competon to the Engneer-n-Charge and wthn thrty days of
the recept of such notce, the Engneer-n-Charge sha nspect the work and
f there s no defect n the work, sha furnsh the contractor wth a na
certcate of competon, otherwse a provsona certcate of physca
competon ndcatng defects (a) to be rected by the contractor and/or (b)
for whch payment w be made at reduced rates, sha be ssued. But no
na certcate of competon sha be ssued, nor sha the work be
consdered to be compete unt the contractor sha have removed from the
premses on whch the work sha be executed a scahodng, surpus
materas, rubbsh and a huts and santary arrangements requred for
hs/ther work peope on the ste n connecton wth the executon of the
works as sha have been erected or constructed by the contractor(s) and
ceaned oh the drt from a wood work, doors, wndows, was, oor or other
parts of the budng, n, upon, or about whch the work s to be executed or
of whch he may have had possesson for the purpose of the executon;
thereof, and not unt the work sha have been measured by the Engneer-n-
Charge. If the contractor sha fa to compy wth the requrements of ths
Cause as to remova of scahodng, surpus materas and rubbsh and a
huts and santary arrangements as aforesad and ceanng oh drt on or
before the date xed for the competon of work, the Engneer -n-Charge
may at the expense of the contractor remove such scahodng, surpus
materas and rubbsh etc., and dspose of the same as he thnks t and
cean oh such drt as aforesad, and the contractor sha have no cam n
respect of scahodng or surpus materas as aforesad except for any sum
actuay reazed by the sae thereof.
Contrator to 4eep !ite Clean
C+A,!)8A
When the annua repars and mantenance of works are carred out, the
spashes and droppngs from whte washng, coour washng, pantng etc.,
on was, oor, wndows, etc sha be removed and the surface ceaned
smutaneousy wth the competon of these tems of work n the ndvdua
rooms, quarters or premses etc. where the work s done: wthout watng for
the actua competon of a the other tems of work n the contract. In case
the contractor fas to compy wth the requrements of ths cause, the
Engneer-n-Charge sha have the rght to get ths work done at the cost of
the contractor ether departmentay or through any other agency. Before
takng such acton, the Engneer-n-Charge sha gve ten days notce n
wrtng to the contractor.
Completion plans to 'e !"'mitted '8 the Contrator
C+A,!) 8%
The contractor sha submt competon pan as requred vde Genera
Speccatons for Eectrca works (part-I nterna) 2005 and (Part-II Externa)
1994 as appcabe wthn thrty days of the competon of the work.
In case, the contractor fas to submt the competon pan as aforesad, he
sha be abe to pay a sum equvaent to 2.5% of the vaue of the work
sub|ect to a ceng of Rs.15, 000(Rs. Ffteen thousand ony) as may be xed
by the Superntendng Engneer concerned and n ths respect the decson of
the Superntendng Engneer sha be na and bndng on the contractor.
2a8ment of #inal %ill
C+A,!) B
The na b sha be submtted by the contractor n the same manner as
speced n nterm bs wthn three months of physca competon of the
work or wthn one month of the date of the na certcate of competon
furnshed by the Engneer -n-Charge whchever s earer. No further cams
sha be made by the contractor after submsson of the na b and these
sha be deemed to have been waved and extngushed. Payments of those
tems of the b n respect of whch there s no dspute ant of tems n
dspute, for quanttes and rates as approved by Engneer-n-Charge, w, as
far as possbe be made wthn the perod speced herenunder, the perod
beng reckoned from the date of recept of the b by the Engneer-n-Charge
or hs authorsed Asstt. Engneer, compete wth account of materas ssued
by the Department and dsmanted materas.
() If the Tendered vaue of work s upto RS.15 akhs : 3
Months
() If the Tendered vaue of work exceeds RS.15 akhs : 6 Months
2a8ment of ContratorCs %ills to %an7s
C+A,!)BA
Payments due to the contractor may. f so desred by hm, be made to hs
bank, regstered nanca, co-operatve or thrft socetes or recognsed
nanca nsttutons nstead of drect to hm provded that the contractor
furnshes to the Engneer-n-Charge (1) an authorzaton n the form of a
egay vad document such as a power of attorney conferrng authorty on
the bank; regstered nanca, co-operatve or thrft socetes or recognsed
nanca nsttutons to receve payments and (2) hs own acceptance of the
correctness of the amount made out as beng due to hm by Government or
hs sgnature on the b or other cam preferred aganst Government before
settement by the Engneer-n-Charge of the account or cam by payment to
the bank, regstered nanca, co-operatve or thrft socetes or recognsed
nanca nsttutons. Whe the recept gven by such banks; regstered
nanca, co-operatve or thrft socetes or recognsed nanca nsttutons
sha consttute a fu and sumcent dscharge for the payment, the contractor
sha whenever possbe present hs bs duy recepted and dscharged
through hs bank, regstered nanca, co-operatve or thrft socetes or
recognsed nanca nsttutons.
Nothng heren contaned sha operate to create n favour of the bank;
regstered nanca, co-operatve or thrft socetes or recognsed nanca
nsttutons any rghts or equtes vs--vs the Presdent of Inda.
Materials s"pplied '8 Go(ernment
C+A,!) <0
Materas whch Government w suppy are shown n Schedue 'B' whch aso
stpuates quantum, pace of ssue and rate(s) to be charged n respect
thereof. The contractor sha be bound to procure them from the Engneer-n-
Charge.
As soon as the work s awarded, the contractor sha nase the programme
for the competon of work as per cause 5 of ths contract and sha gve hs
estmates of materas requred on the bass of drawngs/or schedue of
quanttes of the work. The Contractor sha gve n wrtng hs requrement to
the Engneer-n-Charge whch sha be ssued to hm keepng n vew the
progress of work as assessed by the Engneer-n-Charge, n accordance wth
the agreed phased programme of work ndcatng monthy requrements of
varous materas. The contractor sha pace hs ndent n wrtng for ssue of
such materas at east 7 days n advance of hs requrement.
Such materas sha be supped for the purpose of the contract ony and the
vaue of the materas so supped at the rates speced n the aforesad
schedue sha be set oh or deducted, as and when materas are consumed
n tems of work (ncudng norma wastage) for whch payment s beng
made to the contractor, from any sum then due or whch may therefore
become due to the contractor under the contract or otherwse or from the
securty depost. At the tme of submsson of bs, the contractor sha
certfy that baance of materas supped s avaabe at ste n orgna good
condton. ,
The contractor sha submt aong wth every runnng b (on account or
nterm b) matera wse reconcaton statements supported by compete
cacuatons reconcng tota ssue, tota consumpton and certed baance
(dameter/secton-wse n the case of stee) and resutng varatons and
reasons therefore. Engneer-n-Charge sha (whose decson sha be na
and bndng on the contractor) be wthn hs rghts to foow the procedure of
recovery n cause 42 at any stage of the work f reconcaton s not found
to be satsfactory.
The contractor sha bear the cost of gettng the matera ssued, oadng,
transportng to ste, unoadng, storng under cover as requred, cuttng
assembng and |onng the severa parts together as necessary. Not
wthstandng anythng to the contrary contaned n any other cause of the
contract and (or the CPWA Code) a stores/materas so supped to the
contractor or procured wth the assstance of the Government sha reman
the absoute property of Government and the contractor sha be the trustee
of the stores/materas, and the sad stores/materas sha not be
removed/dsposed oh from the ste of the work on any account and sha be
at a tmes open to nspecton by the Engneer-n-Charge or hs authorsed
agent. Any such stores/materas remanng unused sha be returned to the
Engneer-n-Charge n as good a condton n whch they were orgnay
supped at a pace drected by hm, at a pace of ssue or any other pace
speced by hm as he sha requre, but n case t s decded not to take back
the stores/materas the contractor sha have no cam for compensaton on
any account of such stores/materas so supped to hm as aforesad and not
used by hm or for any wastage n or damage to n such stores/materas.
On beng requred to return the stores/materas, the contractor sha hand
over the stores/ materas on beng pad or credted such prce as the
Engneer-n-Charge sha determne, havng due regard to the condton of
the stores/materas. The prce aowed for credt to the contractor, however,
sha be at the prevang market rate not exceedng the amount charged to
hm, excudng the storage charge, f any. The decson of the Engneer-n-
Charge sha be na and concusve. In the event of breach of the aforesad
condton, the contractor sha n addton to throwng hmsef open to
account for contraventon of the terms of the censes or permt and/or for
crmna breach of trust, be abe to Government for a advantages or
prot- resutng or whch n the usua course woud have resuted to hm by
reason of such breach. Provded that the contractor sha n no case be
entted to any compensaton or damages on account of any deay n suppy
or non-suppy thereof a or any such materas and stores provded further
that the contractor sha be bound to execute the entre work f the materas
are supped by the Government wthn the orgna schedued tme for
competon of the work pus 50% thereof or schedue tme pus 6 months
whchever s more f the tme of competon of work exceeds 12 months, but
f a part of the materas ony has been supped wthn the aforesad perod,
then the contractor sha be bound to do so much of the work as may be
possbe wth the materas and stores supped n the aforesad perod. For
the competon of the rest of the work, the contractor sha be entted to
such extenson of tme as may be determned by the Engneer-n-Charge
whose decson n ths regard sha be na and bndng on the contractor.
The contractor sha see that ony the requred quanttes of materas are
got ssued. Any such matera remanng unused and n perfecty
good/orgna condton at the tme of competon or determnaton of the
contract sha be returned to the Engneer-n-Charge at the stores from whch
t was ssued or at a pace drected by hm by a notce n wrtng. The
contractor sha not be entted for oadng, transportng, unoadng and
stackng of such unused matera except for the extra ead, f any nvoved,
beyond the orgna pace of ssue.
Materials to 'e pro(ided '8 the Contrator
C+A,!) <0A
The contractor sha, at hs own expense, provde a materas, requred for
the works other than those whch are stpuated to be supped by the
Government.
The contractor sha, at hs own expense and wthout deay; suppy to the
Engneer-n-Charge sampes of materas to be used on the work sha get
these approved n advance. A such materas to be provded by the
Contractor a be n conformty wth the speccatons ad down or referred
to n the contract. The contractor sha, f requested by the Engneer-n-
Charge furnsh proof to the satsfacton of the Engneer-n-Charge that the
materas so compy. The Engneer-n-Charge sha wthn thrty days of
suppy of sampes or wthn such further perod as he may requre ntmate
to the Contractor n wrtng whether sampes are approved by hm or not. If
sampes are not approved, the Contractor sha forthwth arrange to suppy
to the Engneer-n-Charge for hs approva, fresh sampes compyng wth the
speccatons ad down n the contract. When materas are requred to be
tested n accordance wth speccatons, approva of the Engneer-n-Charge
sha be ssued after the test resuts are receved.
The Contractor sha at hs rsk and cost submt the sampes of materas to
be tested or anaysed and sha not make use of or ncorporate n the work
any materas represented by the sampes unt the requred tests or anayss
have been made and materas nay accepted by the Engneer-n-Charge.
The Contractor sha not be egbe for any cam or compensaton ether
arsng out of any deay n the work or due to any correctve measures
requred to be taken on account of and as a resut of testng of materas.
The contractor sha, at hs rsk and cost, make a arrangements and sha
provde a factes as the Engneer-n-Charge may requre for coectng, and
preparng the requred number of sampes for such tests at such tme and to
such pace or paces as may be drected by the Engneer-n-Charge and bear
a charges and cost of testng uness speccay provded for otherwse
esewhere n the contract or speccatons. The Engneer-n-Charge or hs
authorsed representatve sha at a tmes have access to the works and to
a workshops and paces where work s beng prepared or from where
materas, manufactured artces or machnery are beng obtaned for the
works and the contractor sha ahord every facty and every assstance n
obtanng the rght to such access.
The Engneer-n-Charge sha have fu powers to requre the remova from
the premses of a materas whch n hs opnon are not n accordance wth
the speccatons and n case of defaut, the Engneer-n-Charge sha be at
berty to empoy at the expense of the contractor, other persons to remove
the same wthout beng answerabe or accountabe for any oss or damage
that may happen or arse to such materas. The Engneer-n-Charge sha
aso have fu powers to requre other proper materas to be substtuted
thereof and n case of defaut, the Engneer-n-Charge may cause the same
to be supped and a costs whch may attend such remova and substtuton
sha be borne by the Contractor.
The contractor sha at hs own expense, provde a matera-testng ab at the
ste for conductng routne ed tests. The ab sha be equpped at east wth
the testng equpment as speced n schedue F.
!e"red Ad(ane on Non-perisha'le
Materials
C+A,!)<0%
() The contractor, on sgnng an ndenture n the form to be speced by
the Engneer-n-Charge sha be entted to be pad durng the progress
of the executon of the work upto 90% of the assessed vaue of any
materas whch are n the opnon of the Engneer-n-Charge non-
pershabe, non-frage and non-combustbe and are n accordance
wth the contract and whch have been brought on the ste n
connecton therewth and are adequatey stored and/or protected
aganst damage by weather or other causes but whch have not at the
tme of advance been ncorporated n the works. When materas on
account of whch an advance has been made under ths sub-cause are
ncorporated n the work, the amount of such advance sha be
recovered/deducted from the next payment made under any of the
cause or causes of ths contract.
Such secured advance sha aso be payabe on other tems of
pershabe nature, frage and combustbe wth the approva of the
Engneer-n-Charge provded the contractor provdes a comprehensve
nsurance cover for the fu cost of such materas. The decson of the
Engneer-n-Charge sha be na and bndng on the contractor n ths
matter. No secured advance, sha however, be pad on hgh-rsk
materas such as ordnary gass, sand, petro, dese etc.
Mo'ilisation Ad(ane
() Mobzaton advance not exceedng 10% of the tendered vaue may
be gven, f requested by the contractor n wrtng wthn one month of
the order to commence the work. In such a case, the contractor sha
execute a Bank Guarantee Bond from a Schedued Bank as speced
by the Engneer-n-Charge for the fu amount of mobsaton advance
before such advance s reeased. Such advance sha be n two or more
nstaments to be determned by the Engneer-n-Charge at hs soe
dscreton. The rst nstament of such advance sha be reeased by
the Engneer-n-charge to the contractor on a request made by the
contractor to the Engneer-n-Charge n ths behaf. The second and
subsequent nstaments sha be reeased by the Engneer-n-Charge
ony after the contractor furnshes a proof of the satsfactory utsaton
of the earer nstament to the entre satsfacton of the Engneer-n-
Charge.
Provded aways that provson of Cause 10 B () sha be appcabe
ony when so provded n 'Schedue F'.
2lant Mahiner8 6 !h"ttering Material Ad(ane
() An advance for pant, machnery & shutterng matera requred for the
work and brought to ste by the Contractor may be gven f requested
by the contractor n wrtng wthn one month of brngng such pant
and machnery to ste. Such advance sha be gven on such pant and
machnery, whch n the opnon of the Engneer-n-Charge w add to
the expedtous executon of work and mprove the quaty of work. The
amount of advance sha be restrcted to 5% percent of the tender
vaue. In the case of new pant and equpment to be purchased for the
work, the advance sha be restrcted to 90% of the prce of such new
pant and equpment pad by the contractor for whch the contractor
sha produce evdence satsfactory to the Engneer-n-Charge. In the
case of second hand and used pants and equpment, the amount of
such advance sha be mted to 50% of the deprecated vaue of pant
and equpment as may be decded by the Engneer-n-Charge. The
contractor sha, f so requred by the Engneer-n-Charge, submt the
statement of vaue of such od pant and equpment duy approved by
a Regstered Vauer recognsed by the Centra Board of Drect Taxes
under the Income-Tax Act, 1961. No such advance sha be pad on any
pant and equpment of pershabe nature and on any pant and
equpment of a vaue ess than Rs. 50,000/- Seventy ve per cent of
such amount of advance sha be pad after the pant & equpment s
brought to ste and baance twenty ve percent on successfuy
commssonng the same.
Leasng of equpment sha be consdered at par wth purchase of
equpment and sha be covered by trpartte agreement wth the
foowng:
1. Leasng company whch gves certcate of agreeng to ease
equpment to the contractor.
2. Engneer n Charge, and
3. The contractor;
Ths advance sha further be sub|ect to the condton that such pant
and equpment (a) are consdered by the Engneer-n-Charge to be
necessary for the works; (b) and are n workng order and are
mantaned n workng order; (c) hypothecated to the Government as
speced by the Engneer-n-Charge before the payment of advance s
reeased. The contractor sha not be permtted to remove from the
ste such hypothecated pant and equpment wthout the pror wrtten
permsson of the Engneer-n-Charge. The contractor sha be
responsbe for mantanng such pant and equpment n good workng
order durng the entre perod of hypothecaton fang whch such
advance sha be entrey recovered n ump sum. For ths purpose,
stee scahodng and form work sha be treated as pant and
equpment.
The contractor sha nsure the Pant and Mac1nery for whch
mobsaton advance s sought and gven, for a sum sumcent to
provde for ther repacement at ste. Any amounts not recovered from
the nsurer w be borne by the contractor.
-nterest 6 *eo(er8
(v) The mobzaton advance and pant and machnery advance n () &
() above bear smpe nterest at the rate of 10 per cent per annum
and sha be cacuated from the date of payment to the date of
recovery, both days ncusve, on the outstandng amount of advance.
Recovery of such sums advanced sha be made by the deducton from
the contractors bs commencng after rst ten per cent of the gross
vaue of the work s executed and pad, on pro-rata percentage bass
to the gross vaue of the work bed beyond 10% n such a way that
the entre advance s recovered by the tme eghty percent of the
gross vaue of the contract s executed and pad, together wth nterest
due on the entre outstandng amount upto the date of recovery of the
nstament.
(v) If the crcumstances are consdered reasonabe by the Engneer-n-
Charge, the perod mentoned n () and () for request by the
contractor n wrtng for grant of mobzaton advance and pant and
equpment advance may be extended n the dscreton of the Engneer-
n-Charge.
(v) The sad bank guarantee for advances sha ntay be made for the
fu amount and vad for the contract perod, and be kept renewed
from tme to tme to cover the baance amount and key perod of
compete recovery together wth nterest.
2a8ment on Ao"nt of -nrease in 2ries53ages d"e to !tat"tor8
/rder(s)
C+A,!) <0C
If after submsson of the tender, the prce of any matera ncorporated n
the works (not beng a matera supped from the Engneer -n-Charge's
stores n accordance wth Cause 10 thereof) and/or wages of abour
ncreases as a drect resut of the comng nto force of any fresh aw, or
statutory rue or order (but not due to any changes n saes tax/VAT) and
such ncrease n the prce and/or wages prevang at the tme of the ast
stpuated date for recept of the tenders ncudng extensons f any for the
work, and the contractor thereupon necessary and propery pays n
respect of that matera (ncorporated n the works) such ncreased prce
and/or n respect of abour engaged on the executon of the work such
ncreased wages, then the amount of the contract sha accordngy be
vared and provded further that any such ncrease sha not be payabe f
such ncrease has become operatve after the stpuated date of competon
of the work n queston.
If after submsson of the tender, the prce of any matera ncorporated n
the works (not beng a matera supped from the Engneer-n-Charge's
stores n accordance wth Cause 10 thereof) and/or wages of abour s
decreased as a drect resut of the comng nto force of any fresh aw or
statutory rues or order (but not due to any changes n saes tax/VAT) and
such decrease n the prces and/or wages prevang at the tme of recept of
the tender for the work. Government sha n respect of materas
ncorporated n the works (not beng materas supped from the Engneer-
n-Charge's stores n accordance wth Cause-1 0 hereof) and/or abour
engaged on the executon of the work after the date of comng nto force of
such aw statutory rue or order be entted to deduct from the dues of the
contractor, such amount as sha be equvaent to the dherence between
the prces of the materas and/or wages as prevaed at the tme of the ast
stpuated date for recept of tenders ncudng extensons f any for the work
and the prces of materas and/or wages of abour on the comng nto force
of such aw, statutory rue or order.
The contractor sha, for the purpose of ths condton, keep such books of
account and other documents as are necessary to show the amount of any
ncrease camed or reducton avaabe and sha aow nspecton of the
same by a duy authorsed representatve of the Government, and further
sha, at the request of the Engneer-n-Charge may requre any documents
so kept and such other nformaton as the Engneer-n-Charge may requre.
The contractor sha, wthn a reasonabe tme of hs becomng aware of any
ateraton n the prce of any such materas and/or wages of abour, gve
notce thereof to the Engneer-n-Charge statng that the same s gven
pursuant to ths condton together wth a nformaton reatng thereto
whch he may be n poston to suppy.
2a8ment d"e to (ariation in pries of materials after reeipt of
tender
C+A,!) <0 CA
If after submsson of the tender, the prce of materas speced n Schedue
F ncreases/ decreases beyond the prce(s) prevang at the tme of the ast
stpuated date for recept of tenders (ncudng extensons, f any) for the
work, then the amount of the contract sha accordngy be vared and
provded further that any such varatons sha be ehected for stpuated
perod of Contract ncudng the |usted perod extended under the
provsons of Cause 5 of the Contract wthout any acton under Cause 2.
However for work done/durng the |usted perod extended as above, t w
be mted to ndces prevang at the tme of stpuated date of competon
or as prevang for the perod under consderaton, whchever s ess.
The ncrease/decrease n prces sha be determned by the A Inda
Whoesae Prce Indces of Materas as pubshed by Economc Advsor to
Government of Inda, Mnstry of Commerce and Industry and base prce for
materas as ssued under the authorty of Drector Genera (Works), CPWD
as vad on the ast stpuated date of recept of tender, ncudng extenson f
any and for the perod under consderaton. In case, prce ndex of a
partcuar matera s not ssued by Mnstry of Commerce and Industry, then
the prce ndex of nearest smar matera as ndcated n Schedue 'F' sha
be foowed.
The amount of the contract sha accordngy be vared for a such materas
and w be worked out as per the formua gven beow for ndvdua
matera:
Ad|ustment for component of ndvdua matera: -
V=P x O x C-C
0
C
0
where,
V = Varaton n matera cost .e. ncrease or decrease n the amount
n rupees to be pad or recovered.
P = Base Prce of matera as ssued under authorty of DG (W), CPWD
vad at the tme of the ast stpuated date of recept of tender
ncudng extensons, f any. ,
O = Ouantty of matera used n the works snce prevous b.
CI
0
= A Inda Whoesae Prce Index for the matera as pubshed by
the Economc Advsor to Government of Inda, Mnstry of Industry and
Commerce as vad on the ast stpuated date of recept of tenders
ncudng extensons, f any.
CI = A Inda Whoesae Prce Index for the matera for perod under
consderaton as pubshed by Economc advsor to Government of
Inda, Mnstry of Industry and Commerce.
(In respect of the |usted perod extended under the provsons of
cause 5 of the contract wthout any acton under cause 2, the ndex
prevang at the tme of stpuated date of competon or the
prevang ndex of the perod under consderaton, whchever s ess,
sha be consdered.)
Provded aways that provsons of the precedng Cause 10 C sha not be
appcabe n respect of Materas covered n ths Cause.
2a8ment d"e to -nrease5.erease in 2ries53ages after *eeipt of
1ender for 3or7s
C+A,!) <0 CC
If the prces of materas (not beng materas supped or servces rendered
at xed prces by the department n accordance wth cause 10 & 34 thereof)
and/or wages of abour requred for executon of the work ncrease: the
contractor sha be compensated for such ncrease as per provsons detaed
beow and the amount of the contract sha accordngy be vared, sub|ect to
the condton that that such compensaton for escaaton n prces and wages
sha be avaabe ony for the work done durng the stpuated perod of the
contract ncudng the |usted perod extended under the provsons of
cause 5 of the contract wthout any acton under cause 2. However, for the
work done durng the |usted perod extended as above, the compensaton
as detaed beow w be mted to prces/wages prevang at the tme of
stpuated date of competon or as prevang for the perod under
consderaton, whchever s ess. No such compensaton sha be payabe for
a work for whch the stpuated perod of competon s equa to or ess than
the tme as speced n Schedue F. Such compensaton for escaaton n the
prces of materas and abour, when due, sha be worked out based on the
foowng provsons: -
() The base date for workng out such escaaton sha be the ast
stpuated date of recept of tenders ncudng extenson, f any.
() The cost of work on whch escaaton w be payabe sha be reckoned
as
beow:
(a) Gross vaue of work done upto ths quarter:
(A)
(b) Gross Vaue of work done upto the ast quarter:
(B)
(c) Gross vaue of work done snce prevous quarter (A-B):
(C)
(d) Fu assessed vaue of Secured Advance fresh pad n ths quarter:
(D)
(e) Fu assessed vaue of Secured Advance recovered n ths quarter:
(E)
(f) Fu assessed vaue of Secured Advance for whch escaaton s
(F) payabe n ths quarter (D-E):
(g) Advance payment made durng ths quarter:
(G)
(h) Advance payment recovered durng ths quarter:
(H)
() Advance payment for whch escaaton s payabe n ths quarter (G-
H) (I)
(|) Extra Items/devated quanttes of tems pad as per Cause 12
based on (|)
prevang market rates durng ths quarter:
Then, M= C + F+ I-|
N =0. 85 M
(k) Less cost of matera supped by the department
(K)
as per Cause 10 and recovered durng the quarter
(I) Less cost of servces rendered at xed charges as
(L)
per Cause 34 and recovered durng the quarter
Cost of wor7 for whih esalation is applia'le$
3 DN - (4 E +)
() Components of cement, stee, materas, abour, P.O.L., etc. sha be
pre-determned for every work and ncorporated n the condtons of
contract attached to the tender papers ncuded n Schedue 'E'. The
decson of the Engneer-n-Charge n workng out such percentage
sha be bndng on the contractors.
(v) The compensaton for escaaton for cement, stee, materas and P.O.L.
sha be worked as per the formua gven beow: -
(a) Ad|ustment for component of CCementC
Xc C-C
0
100 C
0
Vc = Varaton n cement cost .e. Increase or decrease n the amount
n rupees to be pad or recovered.
W = Cost of Work done worked out as ndcated n sub-para () of
Cause
10CC.
Xc = Component of cement expressed as percent of tota vaue of
work.
CI = A Inda Whoesae Prce Index for cement for the perod under
consderaton as pubshed by the Economc Advsor to Govt. of Inda,
Mnstry of Industry & Commerce.
(In respect of the |usted perod extended under the provsons of
cause 5 of the contract wthout any acton under cause 2, the ndex
prevang at the tme of stpuated date of competon or the prevang
ndex of the perod under consderaton, whchever s ess, sha be
consdered.)
C
o
= A Inda Whoesae Prce Index for cement as pubshed by the
Economc Advsor to Govt. of Inda, Mnstry of Industry & Commerce
as vad on the ast stpuated date of recept of tenders ncudng
extensons, f any.
(b) Ad|ustment for component of C!teelC
Xs S-S
0
100 S
0
Vs = Varaton n stee cost .e. ncrease or decrease n the amount n
rupees to be pad or recovered.
W = Cost of Work done worked out as ndcated n sub-para () of
Cause
10CC.
Xs = Component of stee expressed n percent to the tota vaue of
work.
SI = A Inda Whoesae Prce Index for stee (bars & rods) for the
perod under consderaton as pubshed by Economc Advsor to the
Government of Inda, Mnstry of Industry & Commerce. However, the
Prce Index sha be mnmum of the foowng:
() Index for the month when the ast consgnment of stee
renforcement for the work s procured or
() Index for the month n whch haf of the stpuated contract
perod s over
() Index for the perod under consderaton
For the |usted perod extended under the provsons of cause 5 of
the contract, wthout any acton under cause 2, the same prncpe as
for the perod wthn stpuated perod of competon, w appy.
S
0
= A Inda Whoesae Prce Index for stee (bar & rods) pubshed by
the Economc Advsor to Govt. of Inda, Mnstry of Industry &
Commerce as vad on the ast stpuated date of recept of tender
ncudng extenson, f any.
(c) Ad|ustment for cv component (except cement and stee) / eectrca
component of constructon CMaterialsC
Xm M-M
0
100 M
0
Vm = Varaton n matera cost .e. ncrease or decrease n the amount n
rupees to be pad or recovered.
W = Cost of Work done worked out as ndcated n sub-para () of Caus
10CC.
Xm = Component of 'materas' expressed as percent of the tota vaue of
work.
M = A Inda Whoesae Prce Index for cv component/eectrca
component* of constructon matera as worked out on the bass of A Inda
Whoesae Prce Index for Indvdua Commodtes/Group Items for the perod
under consderaton as pubshed by Economc Advsor to Govt. of Inda,
Mnstry of Industry & Commerce and appyng weghtages to the Indvdua
Commodtes/Group Items.
(In respect of the |usted perod extended under the provsons of cause 5
of the contract wthout any acton under cause 2, the ndex prevang at the
tme of stpuated date of competon or the prevang ndex of the perod
under consderaton, whchever s ess, sha be consdered.)
M
0
= A Inda Whoesae Prce Index for cv component/eectrca
component* of constructon matera as worked out on the bass of A Inda
Whoesae Prce Index for Indvdua Commodtes/Group Items vad on the
ast stpuated date of recept of tender ncudng extenson, f any, as
pubshed by the Economc Advsor to Govt. of Inda, Mnstry of Industry &
Commerce and appyng weghtages to the Indvdua Commodtes/Group
Items.
FNote$ reevant component ony w be appcabe.
(d) Ad|ustment for component of C2/+C
Z F-F
0
100 F
0
V
F
= Varaton n cost of Fue, O & Lubrcant .e. ncrease or decrease
n the amount n rupees to be pad or recovered.
W= Cost of Work done worked out as ndcated n sub-para () of
Cause 10CC.
Z= Component of Fue, O & Lubrcant expressed as percent of the
tota vaue of work.
FI = A Inda Whoesae Prce Index for Fue, O & Lubrcant for the
perod under consderaton as pubshed by Economc Advsor to Govt.
of Inda, Mnstry of Industry & Commerce, New Deh. (In respect of
the |usted perod extended under the provsons of cause 5 of the
contract wthout any acton under cause 2, the ndex prevang at the
tme of stpuated date of competon or the prevang ndex of the
perod under consderaton, whchever s ess, sha be consdered.)
F
0
= A Inda Whoesae Prce Index for Fue, O & Lubrcant vad on
the ast stpuated date of recept of tender ncudng extenson, f any.
(v) The foowng prncpes sha be foowed whe workng out the ndces
mentoned n para (v) above.
(a) The compensaton for escaaton sha be worked out at quartery
ntervas and sha be wth respect to the cost of work done as per bs
pad durng the three caendar months of the sad quarter. The rst
such payment sha be made at the end of three months after the
month (excudng) n whch the tender was accepted and thereafter at
three months' nterva. At the tme of competon of the work, the ast
perod for payment mght become ess than 3 months, dependng on
the actua date of competon.
(b) The ndex (MI/FI etc.) reevant to any quarter/perod for whch such
compensaton s pad sha be the arthmetca average of the ndces
reevant to the three caendar months. If the perod up to date of
competon after the quarter covered by the ast such nstament of
payment, s ess than three months, the ndex MI and FI sha be the
average of the ndces for the months fang wthn that perod.
(v) The compensaton for escaaton for abour sha be worked out as per
the formua gven beow:
Y L-L
0
100 L
0
V
L
: Varaton n abour cost .e. amount of ncrease or decrease n rupees
to be pad or recovered.
W: Vaue of work done, worked out as ndcated n sub-para () above.
Y: Component of abour expressed as a percentage of the tota vaue of
the work.
LI: Mnmum wage n rupees of an unsked adut mae mazdoor, xed
under any aw, statutory rue or order as appcabe on the ast date of
the quarter prevous to the one under consderaton. (In respect of the
|usted perod extended under the provsons of cause 5 of the
contract wthout any acton under cause 2, the mnmum wage
prevang on the ast date of quarter prevous to the quarter
pertanng to stpuated date of Competon or the mnmum wage
prevang on the ast date of the quarter prevous to the one under
consderaton, whchever s ess, sha be consdered.)
LI
0
: Mnmum day wage n rupees of an unsked adut mae mazdoor,
xed under any aw, statutory rue or order as on the ast stpuated
date of recept of tender ncudng extenson, f any.
(V) The foowng prncpes w be foowed whe workng out the
compensaton as per sub-para (v) above.
(a) The mnmum wage of an unsked mae mazdoor mentoned n
sub-para (v) above sha be the hgher of the wage noted by
Government of Inda, Mnstry of Labour and that noted by the oca
admnstraton both reevant to the pace of work and the perod of
reckonng.
(b) The escaaton for abour aso sha be pad at the same quartery
ntervas when escaaton due to ncrease n cost of materas and/or
P.O.L. s pad under ths cause. If such revson of mnmum wages
takes pace durng any such quartery ntervas, the escaaton
compensaton sha be payabe at revsed rates ony for work done n
subsequent quarters;
(c) Irrespectve of varatons fn mnmum wages of any category of
abour, for the purpose of ths cause, the varaton n the rate for an
unsked adut mae mazdoor aone sha form the bass for workng
out the escaaton compensaton payabe on the abour component.
(v) In the event the prce of materas and/or wages of abour requred for
executon of the work decrease/s, there sha be a downward ad|ustment of
the cost of work so that such prce of materas and/or wages of abour sha
be deductbe from the cost of work under ths contract and n ths regard
the formua heren before stated under ths Cause 10CC sha mutats
mutands appy, provded that:
(a) No such ad|ustment for the decrease n the prce of materas
and/or wages of abour aforementoned woud be made n case of
contracts n whch the stpuated perod of competon of the work s
equa to or ess than the tme as speced n Schedue 'F'.
(b) The Engneer-n-Charge sha otherwse be entted to ay down the
procedure by whch the provson of ths sub-cause sha be
mpemented from tme to tme and the decson of the Engneer-n-
Charge n ths behaf sha be na and bndng on the contractor.
(x) Provded aways that the provson of the precedng cause 10C and 10
CA sha not be appcabe for contracts where provsons of ths cause are
appcabe but n cases where provsons of ths cause are not appcabe,
the provsons of Cause 10C and 10 CA w become appcabe.
.ismantled Material Go(t.2ropert8
C+A,!) <0 .
The contractor sha treat a materas obtaned durng dsmantng of a
structure, excavaton of the ste for a work, etc. as Governments property
and such materas sha be dsposed oh to the best advantage of
Government accordng to the nstructons n wrtng ssued by the Engneer
-n-Charge.
3or7 to 'e e:e"ted in Aordane with !pei9ations& .rawings&
/rders et.
C+A,!) <<
The contractor sha execute the whoe and every part of the work n the
most substanta and workmanke manner both as regards materas and
otherwse n every respect n strct accordance wth the speccatons. The
contractor sha aso conform exacty, fuy and fathfuy to the desgn,
drawngs and nstructons n wrtng n respect of the work sgned by the
Engneer-n-Charge and the contractor sha be furnshed free of charge one
copy of the contract documents together wth speccatons, desgns,
drawngs and nstructons as are not ncuded n the standard speccatons
of Centra Pubc Works Department speced n Schedue 'F' or n any
Bureau of Indan Standard or any other, pubshed standard or code or,
Schedue of Rates or any other prnted pubcaton referred to esewhere n
the contract.
The contractor sha compy wth the provsons of the contract and wth the
care and dgence execute and mantan the works and provde a abour
and materas, toos and pants ncudng for measurements and supervson
of a works, structura pans and other thngs of temporary or permanent
nature requred for such executon and mantenance n so far as the
necessty for provdng these, s speced or s reasonaby nferred from the
contract. The Contractor sha take fu responsbty for adequacy, sutabty
and safety of a the works and methods of constructon.
.e(iations5 0ariations ):tent and 2riing
C+A,!)<2$
The Engneer-n-Charge sha have power () to make ateraton n, omssons
from, addtons to, or substtutons for the orgna speccatons, drawngs,
desgns and nstructons that may appear to hm to be necessary or
advsabe durng the progress of the work, and () to omt a part of the works
.n case of non-avaabty of a port on of the ste or for any other reasons
and the contractor sha be bound to carry out the works n accordance wth
any nstructons gven to hm n wrtng sgned by the Engneer-n-Charge
and such ateratons, omssons, addtons or substtutons sha form part of
the contract as f orgnay provded theren and any atered, addtona or
substtuted work whch the contractor may be drected to do n the manner
speced above as part of the works, sha be carred out by the contractor
on the same condtons n a respects ncudng prce on whch he agreed to
do the man work except as here after provded.
<2.< "The tme for competon of the works sha, n the event of any
devatons resutng n addtona cost over the tendered vaue sum beng
ordered, be extended, f requested by the contractor, as foows:
() In the proporton whch the addtona cost of the atered, addtona or
substtuted work, bears to the orgna tendered vaue pus
() 25% of the tme cacuated n () above or such further addtona tme as
may be consdered reasonabe by the Engneer-n-Charge.
.e(iation& ):tra -tems and 2riing.
<2.2 In the case of extra tem(s), the contractor may wthn fteen days of
recept of order or occurrence of the tem(s) cam rates, supported by
proper anayss, for the work and the engneer-n-charge sha wthn one
month of the recept of the cams supported by anayss, after gvng
consderaton to the anayss of the rates submtted by the contractor,
determne the rates on the bass of the market rates and the contractor sha
be pad n accordance wth the rates so determned.
In the case of substtuted tems, the rate for the agreement tem (to be
substtuted) and substtuted tem sha aso be determned n the manner as
mentoned n the aforesad para.
.e(iation& !"'stit"ted -tems& 2riing
(a) If the market rate for the substtuted tem so determned s more
than the market rate of the agreement tem (to be substtuted), the
rate payabe to the contractor for the substtuted tem sha be the
rate for the agreement tem "(to be substtuted) so ncreased to the
extent of the dherence between the market rates of substtuted tem
and the agreement tem (to be substtuted).
(b) If the market rate for the substtuted tem so determned s ess
than the market rate of the agreement tem (to be substtuted), the
rate payabe to the contractor for the substtuted tem sha be the
rate for the agreement tem (to be substtuted) so decreased to the
extent of the dherence between the market rates of substtuted tem
and the agreement tem (to be substtuted).
.e(iation& .e(iated G"antities& 2riing
In the case of contract tems, substtuted tems, contract cum substtuted
tems, whch exceed the mts ad down n schedue F, the contractor may
wthn fteen days of recept of order or occurrence of the excess, cam
revson of the rates, supported by proper anayss for the work n excess of
the above mentoned mts, provded that f the rates so camed are n
excess of the rates speced n the schedue of quanttes, the Engneer-n-
Charge sha wthn one month of recept of the cams supported by
anayss, after gvng consderaton to the anayss of the rates submtted by
the contractor, determne the rates on the bass of the market rates and the
contractor sha be pad n accordance wth the rates so determned.
<2.= The provsons of the precedng paragraph sha aso appy to the
decrease n the rates of tems for the work n excess of the mts ad down
n Schedue F, and the Engneer-n-Charge sha after gvng notce to the
contractor wthn one month of occurrence of the excess and after takng
nto consderaton any repy receved from hm wthn fteen days of the
recept of the notce, revse the rates for the work n queston wthn one
month of the expry of the sad perod of fteen days havng regard to the
market rates.
<2.> The contractor sha send to the Engneer-n-Charge once every three
months, an upto date account gvng compete detas of a cams for
addtona payments to whch the contractor may consder hmsef entted
and of a addtona work ordered by the Engneer-n-Charge whch he has
executed durng the precedng quarter fang whch the contractor sha be
deemed to have waved hs rght. However, the Superntendng Engneer
may authorse consderaton of such cams on merts.
<2.? For the purpose of operaton of Schedue F, the foowng works sha
be treated as works reatng to foundaton:
() For budngs, compound was, pnth eve or 1 .2 meters (4 feet)
above ground eve, whchever s ower excudng tems of oorng and
D.P.C. but ncudng base concrete, beow the oors.
() For abutments, pers, retanng was of cuverts and brdges, was of
water reservors, the bed of oor eve.
() For retanng was where oor eve s not determnate, 1.2 meters
above the average ground eve orbed eve.
(v) For Roads, a tems of excavaton and ng ncudng treatment of
sub-base.
<2.@ Any operaton ncdenta to or necessary has to be n contempaton
of tenderer whe ng tender, or necessary for proper executon of the tem
ncuded n the Schedue of quanttes or n the schedue of rates mentoned
above, whether or not, speccay ndcated n the descrpton of the tem
and the reevant speccatons, sha be deemed to be ncuded n the rates
quoted by the tenderer or the rate gven n the sad schedue of rates, as the
case may be. Nothng extra sha be admssbe for such operatons.
#orelos"re of ontrat d"e to A'andonment or *ed"tion in !ope
of 3or7
C+A,!) <=
----
If at any tme after acceptance of the tender, Government sha decde to
abandon or reduce the scope of the works for any reason whatsoever and
hence not requre the whoe or any part of the works to be carred out, the
Engneer-n-Charge sha gve notce n wrtng to that ehect to the contractor
and the contractor sha act accordngy n the matter. The contractor sha
have no cam to any payment of compensaton or otherwse whatsoever, on
account of any prot or advantage whch he mght have derved from the
executon of the works n fu but whch he dd not derve n consequence of
the forecosure of the whoe or part of the works.
The contractor sha be pad at contract rates, fu amount for works
executed at ste and, n addton, a reasonabe amount as certed by the
Engneer-n-Charge for the tems hereunder mentoned whch coud not be
utsed on the work to the fu extent n vew of the forecosure;
() Any expendture ncurred on premnary ste work, e.g. temporary access
roads, temporary abour huts, stah quarters and ste omce; storage
accommodaton and water storage tanks. .
() Government sha have the opton to take over contractor's materas or
any part thereof ether brought to ste or of Whch the contractor s egay
bound to accept devery from suppers (for ncorporaton n or ncdenta to
the work) provded, however Government sha be bound to take over the
materas or such portons thereof as the contractor does not desre to
retan. For materas taken over or to be taken over by Government, cost of
such materas as detaed by Engneer-n-Charge sha be pad. The cost
sha, however, take nto account purchase prce, cost of transportaton and
deteroraton or damage whch may have been caused to materas whst n
the custody of the contractor.
() If any materas supped by Government are rendered surpus, the same
except norma wastage sha be returned by the contractor to Government at
rates not exceedng those at whch these were orgnay ssued ess
aowance for any deteroraton or damage whch may have been caused
whst the materas were n the custody of the contractor. In addton, cost of
transportng such materas from ste to Government stores, f so requred by
Government, sha be pad.
(v) Reasonabe compensaton for transfer of T & P from ste to contractor's
permanent stores or to hs other works, whchever s ess. If T & P are not
transported to ether of the sad paces, no cost of transportaton sha be
payabe.
(v) Reasonabe compensaton for repatraton of contractor's ste stah and
mported abour to the extent necessary.
The contractor sha, f requred by the Engneer- n-Charge, furnsh to hm,
books of account, wage books, tme sheets and other reevant documents
and evdence as may be necessary to enabe hm to certfy the reasonabe
amount payabe under ths condton.
The reasonabe amount of tems on (), (v) and (v) above sha not be n
excess of 2% of the cost of the work remanng ncompete on the date of
cosure, .e. tota stpuated cost of the work as per accepted tender ess the
cost of work actuay executed under the contract and ess the cost of
contractor's materas at ste taken over by the Government as per tem ()
above. Provded aways that aganst any payments due to the contractor on
ths account or otherwse, the Engneer-n-Charge sha be entted to recover
or be credted wth any outstandng baances due from the contractor for
advance pad n respect of any too, pants and materas and any other
sums whch at the date of termnaton were recoverabe by the Government
from the contractor under the terms of the contract.
C+A,!) <>- .eleted (Merged with Cla"se$ =)
C+A,!) <?
!"spension of 3or7
() The contractor sha, on recept of, the order n wrtng of the Engneer-n-
Charge, (whose decson sha be na and bndng on the contractor)
suspend the progress of the works or any part thereof for such tme and n
such manner as the Engneer-n-Charge may consder necessary so as not to
cause any damage or n|ury to the work aready done or endanger the safety
thereof for any of the foowng reasons:
(a) On account of any defaut on the part of the contractor or;
(b) For proper executon of the works or part thereof for reasons other
than the defaut of the contractor; or
(c) For safety of the works or part thereof.
The contractor sha, durng such suspenson, propery protect and
secure the works to the extent necessary and carry out the
nstructons gven n that behaf by the Engneer-n-Charge.
() If the suspenson s ordered for reasons (b) and (c) n sub-para ()
above:
(a) The contractor sha be entted to an extenson of tme equa to the
perod of every such suspenson PLUS 25%, for competon of the tem
or group of tems of work for whch a separate perod of competon s
speced n the contract and of whch the suspended work forms a
part, and;
(b) If the tota perod of a such suspensons n respect of an tem or
group of tems or work for whch a separate perod of competon s
speced n the contract exceeds thrty days, the contractor sha, n
addton, be entted to such compensaton as, the Engneer-n-Charge
may consder reasonabe n respect of saares and/or wages pad by
the contractor to hs empoyees and abour at ste, remanng de
durng the perod of suspenson, addng thereto 2% to cover ndrect
expenses, of the contractor provded the contractor submts hs cam
supported by deta\3 to the Engneer-n-Charge wthn fteen days of
the expry of the perod of 30 days.
() If the works or part there of s suspended on the orders of the Engneer-
n-Charge for more than three months at a. tme, except when suspenson s
ordered for reason (a) n sub para () above, the contractor may after recept
of such order serve a wrtten notce on the Engneer-n-Charge requrng
permsson wthn fteen days from recept by the Engneer-n-Charge of the
sad notce, to proceed wth the work or part thereof n regard to whch
progress has been suspended and f such permsson s not granted wthn
that tme, the contractor, f he ntends to treat the suspenson, where t
ahects ony a part of the works as an omsson of such part by Government
or where t ahects whoe of the works, as an abandonment of ths works by
Government, sha wthn ten days of expry of such perod of 15 days gve
notce n wrtng of hs ntenton to the Engneer-n-Charge. In the event of
the contractor treatng the suspenson as an abandonment of the contract
by Government, he sha have no cam to payment of any compensaton on
account of any prot or advantage whch he mght have derved from the
executon of the work n fu but whch he coud not derve n consequence of
the abandonment. He sha, however, be entted to such compensaton, as
the Engneer-n-Charge may consder reasonabe, n respect of saares
and/or wages pad by hm to hs empoyees and abour at ste, remanng de
n consequence addng to the tota thereof 2% to cover ndrect expenses of
the contractor provded the contractor submts hs cam supported by
detas to the Engneer-n-Charge wthn 30 days of the expry of the perod
of 3 months.
Provded, further, that the contractor sha not be entted to cam any
compensaton from Government for the oss suhered by hm on account of
deay by Government n the suppy of materas n schedue 'B' where such
deay s covered by dmcutes reatng to the suppy of wagons, 'force
ma|eure 'ncudng non-aotment of such materas by controng authortes,
acts of God, acts of enemes of the state/country or any reasonabe cause
beyond the contro of the Government.
Ation in ase 3or7 not done as per !pei9ations
C+A,!) <@
A works under or n course of executon or executed n pursuance of the
contract, sha at a tmes be open and accessbe to the nspecton and
supervson of the Engneer-In- charge, hs authorsed subordnates n charge
of the work and a the superor omcers, omcer of the Ouaty Assurance Unt
of the Department or any organzaton engaged by the Department for
Ouaty Assurance and of the Chef Technca Examner's Omce, and the
contractor sha, at a tmes, durng the usua workng hours and at a other
tmes at whch reasonabe notce of the vst of such omcers has been gven
to the contractor, hmsef be present to receve orders and nstructons or
have a responsbe agent duy accredted n wrtng, present for that
purpose. Orders gven to the Contractor's agent sha be consdered to have
the same force as f they had been gven to the contractor hmsef.
If t sha appear to the Engneer-n-Charge or hs arthorsed subordnates n
charge of the work or to the Chef Engneer-n-Charge of quaty Assurance or
hs subordnate omcers or the omcers of the organzaton engaged by the
Department for Ouaty Assurance or to the Chef Technca Examner or hs
subordnate omcers, that any Work has been executed wth unsound,
mperfect, or unskfu workmanshp or wth materas or artces provded by
hm for the executon of the work whch are unsound or of a quaty nferor
to that contracted or otherwse not n accordance Wth the contract, the
contractor sha, on demand n wrtng whch sha be made wthn tweve
months (sx months n .the case of work costng Rs. 10 Lac and beow except
road work)of the competon of the from the Engneer-n-Charge specfyng
the work, materas or artces companed of notwthstandng that the same
may have been passed, certed and pad for forthwth rectfy, or remove
and reconstruct the work so speced.
In whoe or n part, as the case may requre or as the case may be, remove
the materas or artces so speced and provde other proper and sutabe
materas or artces at hs own charge and cost. In the event of the fang to
do so Wthn a perod speced by the Engneer-n-Charge n hs demand
aforesad, then the contractor sha be abe to pay compensaton at the
same rate as under cause 2 of the contract (for non-competon of the work
n tme) for ths defaut.
In such case the Engneer-n-Charge may not accept the tem of work at the
rates appcabe under the contract but may accept such tems at reduced
rates as the authorty speced n schedue 'F' may consder reasonabe
durng the preparaton of on account bs or na b f the tem s so
acceptabe wthout detrment to the safety and utty of the tem and the
structure or he may re|ect the work outrght wthout any payment and/or get
t and other connected and ncdenta tems rected, or removed and re-
executed at the rsk and cost of the contractor. Decson of the Engneer-n-
Charge to be conveyed n wrtng n respect of the same w be na and
bndng on the contractor.
Contrator +ia'le for .amages& defets d"ring maintenane
period
C+A,!) <7
If the contractor or hs workng peope or servants sha break, deface, n|ure
or destory any part of budng n whch they may be workng, or any
budng, road, road kerb, fence, encosure, water ppe, cabes, drans,
eectrc or teephone post or wres, trees, grass or grassand, or cutvated
ground contguous to the premses on whch the work or any part s beng
executed, or f any damage sha happen to the work whe n progress, from
any cause whatever or f any defect, shrnkage or other fauts appear n the
work wthn tweve months (sx months n the case of work costng Rs. Ten
acs and beow except road work) after a certcate na or otherwse of ts
competon sha have been gven by the Engneer-n-Charge as aforesad
arsng out of defect or mproper materas or workmanshp the contractor
sha upon recept of a notce n wrtng on that behaf make the same good
at hs own expense or n defaut the Engneer-n-Charge cause the same to
be made good by other workmen and deduct the expense from any sums
that may be due or at any tme thereafter may become due to the
contractor, or from hs securty depost or the proceeds of sae thereof or of
a sumcent porton thereof. The securty depost of the contractor sha not
be refunded before the expry of tweve months (sx months n the case of
work costng Rs. Ten acs and beow except road work) after the ssue of the
certcate na or otherwse, of competon of work, or t the na b has
been prepared and passed whchever s ater. Provded that n the case of
road work, f n the opnon of the Engneer -n-Charge, haf of the securty
depost s sumcent, to meet a abtes of the contractor under ths
contract, haf of the securty depost w be refundabe after sx months and
the remanng haf after tweve months of the ssue of the sad certcate of
competon or t the na b has been prepared and passed whchever s
ater.
In case of Mantenance and Operaton works of E&M servces, the securty
depost deducted from contractors sha be refunded wthn one month from
the date of na payment or wthn one month from the date of competon
of the mantenance contract whch ever s earer.
Contrator to !"ppl8 1ools 6 2lants et.
C+A,!) <8
The contractor sha provde at hs own cost a materas (except such
speca materas, f any, as may n. accordance wth the contract be supped
from the Engneer-n-Charge's stores), machnery toos &pants as speced
n schedue F. In addton to ths, appances, mpements, other pants,
adders, cordage, tacke, scahodng and temporary works requred for the
proper executon of the work whether orgna, atered or substtuted and
whether ncuded n the speccatons or other docume1s formng part of
the contract or referred to n these condtons or not, or whch maybe
necessary for the purpose of satsfyng or compyng wth the requrements
of the Engneer-n-Charge as to
any matter as to whch under these condtons he s entted to be satsed,
or whch he s entted to requre together wth carrage therefor to and from
the work. The contractor sha aso suppy wthout charge the requste
number of persons wth the means and materas, necessary for the purpose
of settng out Works, and countng, weghng and assstng the measurement
for examnaton at any tme and from tme to tme of the work or materas.
Fang hs so dong, the same may be provded by the Engneer-n-Charge at
the expense of the contractor and the expenses may be deducted, from any
money due to the contractor, under ths contract or otherwse and/or from
hs securty depost or the proceeds of sae thereof, or of a sumcent portons
thereof.
*eo(er8 of Compensation paid to 3or7men
C+A,!) <8 A
In every case n whch by vrtue of the provsons sub-secton (1) of Secton
12, of the Workmen's Compensaton Act, 1923, Government s obged to
pay compensaton to a workman empoyed by the contractor, n executon of
the works, Government w recover from the contractor, the amount of the
compensaton so pad; and, wthout pre|udce to the rghts of the
Government under sub-secton (2) of Secton 12, of the sad Act,
Government sha be at berty to recover such amount or any part thereof
by deductng t from the securty depost or from any sum due by
Government to the contractor whether under ths contract or otherwse.
Government sha not be bound to contest any cam made aganst t under
sub-secton (1) of Secton 12, of the sad Act, except on the wrtten request
of the contractor and upon hs gvng to Government fu securty for a costs
for whch Government mght become abe n consequence of contestng
such cam.
)ns"ring 2a8ment and Amenities to 3or7ers if Contrator fails
C+A,!) <8 %
In every case n whch by vrtue of the provsons of the Contract Labour
(Reguaton and Aboton) Act, 1970, and of the Contract Labour (Reguaton
and Aboton) Centra Rues, 1971, Government s obged to pay any
amounts of wages to a workman empoyed by the contractor n executon of
the works, or to ncur any expendture n provdng wefare and heath
amentes requred to be provded under the above sad Act and the rues
under Cause 19H or under the C.P.W.O. Contactors Labour Reguatons, or
under the Rues framed by Government from tme to tme for the protecton
of heath and santary arrangements for workers empoyed by C.P.W.O.
Contractors, Government w recover from the contractor, the amount of
wages so pad or the amount of expendture so ncurred; and wthout
pre|udce to the rghts of the Government under sub-secton(2) of Secton
20, and sub-secton (4) of Secton 21, of the Contract Labour (Reguaton
and Aboton) Act, 1970, Government sha be at berty to recover such
amount or any part thereof by deductng t from the securty depost or
from any sum due by Government to the contractor whether under ths
contract or otherwse Government sha not be bound to contest any cam
made aganst t under subsecton (1) of Secton 20, sub-secton (4) of
Secton 21, of the sad Act, except on the wrtten request of the contractor
and upon hs gvng to the Government fu securty for a costs for whch
Government mght become abe n contestng such cam.
+a'o"r +aws to 'e omplied '8 the Contrator
C+A,!) <B
The contractor sha obtan a vad cense under the Contract Labour (R&A)
Act, 1970, and the Contract abour (Reguaton and Aboton) centra rues,
1971, before the commencement of the work, and contnue to have a vad
cense unt the competon of the work. The contractor sha aso abde by
the provsons of the chd Labour (Prohbton and Reguaton) Act, 1986.
The contractor sha aso compy wth the provsons of the budng and
other Constructon Workers (Reguaton of Empoyment and Condtons of
Servce) Act, 1996 and the budng and other Constructon Workers Wefare
Cess Act, 1996,
Any faure, to fu these requrements sha attract the pena provsons of
ths contract arsng out of the resutant non - executon of the work.
C+A,!) <BA
No abour beow the age of fourteen years sha be empoyed on the work.
2a8ment of 3ages
C+A,!) <B %
2a8ment of wages$
() The contractor sha pay to abour empoyed by hm ether drecty or
through sub-contractors, wages not ess than far wages as dened n the
C.P.W.O. Contractor's Labour Reguatons or as per the provsons of the
Contract Labour (Reguaton and Aboton) Act, 1970 and the contract
Labour (Reguaton and Aboton) Centra Rues, 1971, wherever appcabe.
() The contractor sha, notwthstandng the provsons of any contract to
the contrary, cause to be pad far wage to abour ndrecty engaged on the
work, ncudng any abour engaged by hs sub-contractors n connecton
wth the sad work, as f the abour had been mmedatey empoyed by hm.
() In respect of a abour drecty or ndrecty empoyed n the works for
performance of the contractor's part of ths contract, the contractor sha
compy wth or cause to be comped wth the Centra Pubc Works
Department contractor's Labour Reguatons made by Government from tme
to tme n regard to payment of wages, wage perod, deductons from wages
recovery of wages not pad and deductons unauthorsedy made,
mantenance of wage books or wage sps, pubcaton of scae of wages and
other terms of empoyment, nspecton and submsson of perodca returns
and a other matters of the ke nature or as per the provsons of the
Contract Labour (Reguaton and Aboton) Act, 1970, and the Contract
Labour (Reguaton and Aboton) Centra Rues, 1971, wherever appcabe.
(v) (a) The Engneer-n-Charge concerned sha have the rght to deduct
from the moneys due to the contractor any sum requred or estmated
to be requred for makng good the oss suhered by a worker or
workers by reason of no fument of the condtons of the contract for
the benet of the workers, non-payment of wages or of deductons
made from hs or ther wages whch are not |usted by ther terms of
the contract or non-observance of the Reguatons.
(b) Under the provson of Mnmum Wages (Centra) Rues, 1950, the
contractor s bound to aow to the abours drecty or ndrecty
empoyed n the works one-day rest for 6 days contnuous work and
pay wages at the same rate as for duty. In the event of defaut, the
Engneer-n-Charge sha have the rght to deduct the sum or sums not
pad on account of wages for weeky hodays to any abours and pay
the same to the persons entted thereto from any money due to the
contractor by the Engneer-n-Charge concerned.
In the case of Unon Terrtory of Deh however, as the a
ncusve mnmum day wages xed under Notcaton of the
Deh Admnstraton No. F.12 (162) MWO/ DAB/43884-91,
dated31-12-1979 as amended from tme to tme are ncusve of
wages for the weeky day of rest, the queston of extra payment
for weeky hoday woud not arse.
(v) The contractor sha! Compy wth the provsons of the Payment of
Wages Act, 1936, Mnmum wages Act. 1948, Empoyees Labty Act, 1938,
Workmen's Compensaton Act, 1923,Industra Dsputes Act, 1947, Maternty
Benets Act, 1961, and the contractors Labour (Reguaton and Aboton)
Act 1970, or the modcatons thereof or any other aws reatng thereto and
the rues made thereunder from tme to tme.
(v)The contractor sha ndemnfy and keep ndemned Government aganst
payments to be made under and for the observance of the aws aforesad
and the C.P.W.O. Contractor's Labour 8e9uatons wthout pre|udce to hs
rght to cam ndemnty from- hs sub-contractors.
(v) The aws aforesad sha be deemed to be a part of ths contract and any
breach thereof sha be deemed to be a breach of ths contract.
(v) Whatever s the mnmum wage for the tme beng, or f the wage
payabe s hgher than such wage, such wage sha be pad by the contractor
to the workmen drecty wthout the nterventon of |amadar and that
|amadar sha not be entted to deduct or recover any amount from the
mnmum wage payabe to the workmen as and by way of commsson or
otherwse.
(x) The contractor sha ensure that no amount by way of commsson or
otherwse s deducted or recovered by the |amadar from the wage of
workmen.
C+A,!) <BC
In respect of a abour drecty or ndrecty empoyed n the work for the
performance of the contractor's part of ths contract, the contractor sha at
hs own expense arrange for the safety provsons as per C.P.W.D. Safety
Code framed from tme to tme and sha at hs own expense provde for a
factes n connecton therewth. In case the contractor fas to make
arrangement and provde necessary factes as aforesad, he sha be abe
to pay a penaty of Rs.200/- for each defaut and n addton, the Engneer-n-
Charge sha be at berty to make arrangement and provde factes as
aforesad and recover the costs ncurred n that behaf from the contractor.
C+A,!) <B .
The contractor sha submt by the 4th and 19th of every month, to the
Engneer-n-Charge, a true statement showng n respect of the second haf
of the precedng month and the rst haf of the current month respectvey:
(1) The number of abourers empoyed by hm on the work,
(2) Ther workng hours,
(3) The wages pad to them,
(4) The accdents that occurred durng the sad fortnght showng the
crcumstances under whch they happened and the extent of damage and
n|ury caused by them, and
(5) The number of femae workers who have been aowed maternty benet
accordng to Cause 19F and the amount pad to them.
Fang whch the contractor sha abe to pay to Government, a sum not
exceedng Rs 200/- for each defaut or materay ncorrect statement. The
decson of the Dvsona omcer sha be na n deductng from any b due
to the contractor the amount eved as ne and be bndng on the contractor.
C+A,!) <B )
In respect of a abour drecty or ndrecty empoyed n the works for the
performance of the contractors part of ths contract, the contractor sha
compy wth or cause to be comped wth a rues framed by Government
from tme to tme for the protecton of heath and santary arrangements for
workers empoyed by the Centra Pubc Works Department and ts
contractors.
C+A,!) <B #
Leave and pay durng eave sha be reguated as foows:-
<. +ea(e$
() In the case of devery - maternty eave not exceedng 8 weeks, 4 weeks
up to and ncudng the day of devery and 4 weeks foowng that day,
() In the case of mscarrage - upto 3 weeks from the date of mscarrage.
2. 2a8$
() n the case of devery - eave pay durng maternty eave w be at the
rate of the women's average day earnngs, cacuated on tota wages
earned on the days when fu tme work was done durng a perod of three
months mmedatey precedng the date on whch she gves notce that she
expects to be conned or at the rate of Rupee one ony a day whchever s
greater.
() In the case of mscarrage -eave pay at the rate of average day earnng
cacuated on the tota wages earned on the days when fu tme work was
done durng a perod of three months mmedatey precedng the date of
such mscarrage.
=. Conditions for the grant of Maternit8
+ea(e$
No maternty eave benet sha be admssbe to a woman uness she has
been empoyed for a tota perod of not ess than sx months mmedatey
precedng the date on whch she proceeds on eave.
>. The contractor sha mantan a regster of Maternty (Benet) n the
Prescrbed Form as shown n appendx -I and II, and the same sha be kept
at the pace of work.
C+A,!) <B G
In the event of the contractor(s) commttng a defaut or breach of any of the
provsons of the Centra Pubc Works Department, Contractor's Labour
Reguatons and Mode Rues for the protecton of heath and santary
arrangements for the workers as amended from tme to tme or furnshng
any nformaton or submttng or ng any statement under the provsons of
the above Reguatons and Rues whch s materay ncorrect, he/they sha,
wthout pre|udce to any other abty, pay to the Government a sum not
exceedng Rs.200/- for every defaut, breach or furnshng, makng,
submttng, ng such materay ncorrect statements and n the event of
the contractor(s) defautng contnuousy n ths respect, the penaty may be
enhanced to Rs.200/- per day for each day of defaut sub|ect to a maxmum
of 5 per cent of the estmated cost of the work put to tender. The decson of
the Engneer-n-Charge sha be na and bndng on the partes.
Shoud t appear to the Engneer-n-Charge that the contractor(s) s/are not
propery observng and compyng wth the provsons of the C.P.W.D.
Contractor's Labour Reguatons and Mode Rues and the provsons of the
Contract Labour (Reguaton and Aboton) Act 1970, and the Contract
Labour (R& A) Centra Rues 1971, for the protecton of heath and santary
arrangements for work-peope empoyed by the contractor(s) (herenafter
referred as "the sad Rues") the Engneer-n-Charge sha have power to gve
notce n wrtng to the contractor(s) requrng that the sad Rues be
comped wth and the amentes prescrbed theren be provded to the work-
peope wthn a reasonabe tme to be speced n the notce. If the
contractor(s) sha fa wthn the perod speced n the notce to compy
wth and/observe the sad Rues and to provde the amentes to the work-
peope as aforesad, the Engneer-n-Charge sha have the power to provde
the amentes herenbefore mentoned at the cost of the contractor(s). The
contractor(s) sha erect, make and mantan at hs/ther own expense and to
approved standards a necessary huts and santary arrangements requred
for hs/ther work-peope on the ste n connecton wth the executon of the
works, and f the same sha not have been erected or constructed,
accordng to approved standards, the Engneer-n-Charge sha have power
to gve notce n wrtng to the contractor(s) requrng that the sad huts and
santary arrangements be re modeed and/or reconstructed accordng to
approved standards, and f the contractor(s) sha fa to remode or
reconstruct such huts and santary arrangements accordng to approved
standards wthn the perod speced n the notce, the Engneer-n-Charge
sha have the power to remode or reconstruct such huts and santary
arrangements accordng to approved standards at the cost of the
contractor(s) .
C+A0!) <B H
The contractor(s) sha at hs/ther own cost provde hs/ther abour wth a
sumcent number of huts (herenafter referred to as the camp) of the
foowng speccatons on a sutabe pot of and to be approved by the
Engneer-n-Charge.
() (a) the mnmum heght of each hut at the eaves eve sha be 2.10m
(7 ft.) and the oor area to be provded w be at the rate of 2.7 sq.m. (30
sq.ft.) for each member of the worker's famy stayng wth the abourer.
(b) The contractor(s) sha n addton construct sutabe cookng paces
havng a mnmum area of 1.80m x 1.50m (6'x5') ad|acent to the hut for
each famy.
(c) The contractor(s) sha aso construct temporary atrnes and urnas
for the use of the abourers each on the scae of not ess than four per
each one hundred of the tota strength, separate atrnes and urnas
beng provded for women.
(d) The contractor(s) sha construct sumcent number of bathng and
washng paces, one unt for every 25 persons resdng n the camp.
These bathng and washng paces sha be sutaby screened.
() (a) A the huts sha have was of sun-dred or burnt-brcks ad n mud
mortar or other sutabe oca materas as may be approved by the
Engneer-n-Charge. In case of sun-dred brcks, the was shoud be pastered
wth mud gobr on both sdes. The oor may be kutcha but pastered wth
mud gobr and sha be at east 15 cm (6") above the surroundng ground.
The roofs sha be ad wth thatch or any other materas as may be
approved by the Engneer-n-Charge and the contractor sha ensure that
throughout the perod of ther occupaton, the roofs reman water-tght.
(b) The contractor (s) sha provde each hut wth proper ventaton.
(c) A doors, wndows and ventators sha be provded wth sutabe
eaves for securty purposes.
(d) There sha be kept an open space of at east 7.2m (8 yards) between
the rows of huts whch may be reduced to 6m (20ft.) accordng to the
avaabty of ste wth the approva of the Engneer-n-Charge. Back to
back constructon w be aowed.
() 3ater !"ppl8- The contractor (s) sha provde adequate suppy of
water for the use of abourers. The provsons sha not be ess than
two gaons of pure and whoesome water per head per day for
drnkng purposes and three gaons of cean water per head per
bathng and washng purposes. Where pped water suppy s avaabe,
suppy sha be at stand posts and where the suppy s from wes or
rver, tanks whch may be of meta or masonry, sha be provded.
The contractor(s) sha aso at hs/ ther own cost make
arrangements for ayng ppe nes for water suppy to hs/ther abour
camp from the exstng mans wherever avaabe, and sha pay a
fees and charges therefor.
(v) The ste seected for the camp sha be hgh ground, removed
from |unge.
(v) .isposal of ):reta - The contractor(s) sha make necessary
arrangements for the dsposa of excreta from the atrnes by trenchng
or ncneraton whch sha be accordng to the requrements ad down
by the Loca Heath Authortes. If trenchng or ncneraton s not
aowed, the contractor(s) sha make arrangements for the remova of
the excreta through the Muncpa Commttee/authorty and nform t
about the number of abourers empoyed so that arrangements may
be made by such Commttee/authorty for the remova of the excreta.
A charges on ths account sha be borne by the contractor and pad
drect by hm to the Muncpaty/authorty. The contractor sha provde
one sweeper for every eght seats n case of dry system.
(v) .rainage - The contractor(s) sha provde emcent arrangements for
dranng away suage water so as to keep the camp neat and tdy.
(v) The contractor(s) sha make necessary arrangements for keepng the
camp area sumcenty ghted to avod accdents to the workers.
(v) Santaton - The contractor(s} sha make arrangements for
conservancy and santaton n the abour camps accordng to the rues
of the Loca Pubc Heath and Medca Authortes.
C+A,!)<B -
The Engneer-n-Charge may requre the contractor to dsmss or remove
from the ste of the work any person or persons n the contractors' empoy
upon the work who may be ncompetent or msconduct hmsef and the
contractor sha forthwth compy wth such requrements.
C+A,!) <BI
It sha be the responsbty of the contractor to see that the budng under
constructon s not occuped by any body unauthorsedy durng
constructon, and s handed over to the Engneer-n-Charge wth vacant
possesson of compete budng. If such budng though competed s
occuped egay, then the Engneer-n-Charge sha have the opton to
refuse to accept the sad budng/budngs n that poston. Any deay n
acceptance on ths account w be treated as the deay n competon and for
such deay, a evy upto 5% of tendered vaue of work may be mposed by
the Superntendng Engneer whose decson sha be na both wth regard
to the |ustcaton and quantum and be bndng on the contractor.
However, the Superntendng Engneer, through a notce, may requre the
contractor to remove the ega occupaton any tme on or before
constructon and devery.
)mplo8ment of s7illed5semi s7illed wor7ers
C+A,!) <B4
The contractor sha, at a stages of work, depoy sked/sem sked
tradesmen who are quaed and possess certcate n partcuar trade from
CPWD Tranng Insttute/Industra Tranng Insttute/Natona Insttute of
constructon Management and Research (NICMAR)/ Natona Academy of
Constructon, CIDC or any smar reputed and recognzed Insttute
managed/certed by State/Centra Government The number of such
quaed tradesmen sha not be ess than 20% of tota sked/sem sked
workers requred n each trade at any stage of work. The contractor sha
submt number of man days requred n respect of each trade, ts schedung
and the st of quaed tradesmen aong wth requste certcate from
recognzed Insttute to Engneer n charge for approva. Notwthstandng
such approva, f the tradesmen are found to have nadequate sk to
execute the work of respectve trade, the contractor sha substtute such
tradesmen wthn two days of wrtten notce from Engneer-n-Charge. Faure
on the part of contractor to obtan approva of Engneer-n-Charge or faure
to depoy quaed tradesmen w attract a compensaton to be pad by
contractor at the rate of Rs. 100 per such tradesman per day. Decson of
Engneer n Charge as to whether partcuar tradesman possesses requste
sk and amount of compensaton n case of defaut sha be na and
bndng.
Provded aways, that the provsons of ths cause, sha not be appcabe for
works wth estmated cost put to tender beng ess than Rs. 5 crores.
Minim"m 3ages At to 'e Complied with
C+A,!) 20
The contractor sha compy wth a the provsons of the Mnmum Wages
Act, 1948, and Contract Labour (Reguaton and Aboton) Act, 1970,
amended from tme to tme and rues, framed thereunder and other abour
aws ahectng contract abour that may be brought nto force from tme to
tme.
3or7 not to 'e s"'let. Ation in ase of insol(an8
C+A,!) 2<
The contract sha not be assgned or subet wthout the wrtten approva of
the Engneer -n Charge. And f the contractor sha assgn or subet hs
contract, or attempt to do so, or become nsovent or commence any
nsovency proceedngs or make any composton wth hs credtors or
attempt to do so, or f any brbe, gratuty, gft, oan, perquste, reward or
advantage pecunary or otherwse, sha ether drecty or ndrecty, be
gven, promsed or ohered by the contractor, or any of hs servants or agent
to any pubc omcer or person n the empoy of Government n any way
reatng to hs omce or empoyment, or f any such omcer or person sha
become n any way drecty or ndrecty nterested n the contract, the
Engneer-n-Charge on behaf of the Presdent of Inda sha have power to
adopt the course speced n Cause 3 hereof n the nterest of Government
and n the event of such course beng adopted, the consequences speced
n the sad Cause '3 sha ensure.
C+A,!) 22
A sums payabe by way of compensaton under any of these condtons
sha be consdered as reasonabe compensaton to be apped to the use of
Government wthout reference to the actua oss or damage sustaned and
whether or not any damage sha have been sustaned.
Changes in 9rmCs Constit"tion to 'e intimated
C+A,!) 2=
Where the contractor s a partnershp rm, the prevous approva n wrtng
of the Engneer-n-Charge sha be obtaned before any change s made n
the consttuton of the rm. Where the contractor s an ndvdua or a Hndu
undvded famy busness concern, such approva as aforesad sha kewse
be obtaned before the contractor enters nto any partnershp agreement
where under the partnershp rm woud have the rght to carry out the works
hereby undertaken by the contractor. If prevous approva as aforesad s not
obtaned, the contract sha be deemed to have been assgned n
contraventon of Cause 21 hereof and the same acton may be taken, and
the same consequences sha ensue as provded n the sad Cause 21.
C+A,!) 2>
A works to be executed under the contract sha be executed under the
drecton and sub|ect to the approva n a respects of the Engneer-n-
Charge who sha be entted to drect at what pont or ponts and n what
manner they are to be commenced, and from tme to tme carred on.
!ettlement of .isp"tes 6 Ar'itration
C+A,!) 2?
Except where otherwse provded n the contract, a questons and dsputes
reatng to .the meanng of the speccatons, desgn, drawngs and
nstructons here-n before mentoned and as to the quaty of workmanshp
or materas used on the work or as to any other queston, cam, rght,
matter or thng whatsoever n any way arsng out of or reatng to the
contract, desgns, drawngs, speccatons, estmates, nstructons, orders or
these condtons or otherwse concernng the works or the executon or
faure to execute the same whether arsng durng the progress of the work
or after the canceaton, termnaton, competon or abandonment thereof
sha be deat wth as mentoned herenafter:
() If the contractor consders any work demanded of hm to be outsde the
requrements of the contract, or dsputes any drawngs, record or decson
gven n wrtng by the Engneer-n-Charge on any matter n connecton wth
or arsng out of the contract or carryng out of the work, to be unacceptabe,
he sha prompty wthn 15 days request the Superntendng Engneer n
wrtng for wrtten nstructon or decson. Thereupon, the Superntendng
Engneer sha gve hs wrtten nstructons or decson wthn a perod of one
month from the recept of the contractor's etter.
If the Superntendng Engneer fas to gve hs nstructons or decson n
wrtng wthn the aforesad perod or f the contractor s dssatsed wth the
nstructons or decson of the Superntendng Engneer, the contractor may,
wthn 15 days of the recept of Superntendng Engneer's decson, appea
to the Chef Engneer who sha ahord an opportunty to the contractor to be
heard, f the atter so desres, and to oher evdence n support of hs appea.
The Chef Engneer sha gve hs decson wthn 30 days of recept of
contractor's appea. If the contractor s dssatsed wth ths decson, the
contractor sha wthn a perod of 30 days from recept of the decson, gve
notce to the Chef Engneer for appontment of arbtrator fang whch the
sad decson sha be na bndng and concusve and not referabe to
ad|udcaton by the arbtrator.
() Except where the decson has become na, bndng and concusve n
terms of Sub Para () above, dsputes or dherence sha be referred for
ad|udcaton through arbtraton by a soe arbtrator apponted by the Chef
Engneer, CPWD, n charge of the work or f there be no Chef Engneer, the
Addtona Drector Genera of the concerned regon of CPWD or f there be
no Addtona Drector Genera, the Drector Genera of Works, CPWD. If the
arbtrator so apponted s unabe or unwng to act or resgns hs
appontment or vacates hs omce due to any reason whatsoever, another
soe arbtrator sha be apponted n the manner aforesad. Such person sha
be entted to proceed wth the reference from the stage at whch t was eft
by hs predecessor.
It s a term of ths contract that the party nvokng arbtraton sha gve a st
of dsputes wth amounts camed n respect of each such dspute aong wth
the notce for appontment of arbtrator and gvng reference to the re|ecton
by the Chef Engneer of the appea.
It s aso a term of ths contract that no person, other than a person
apponted by such Chef Engneer CPWD or the admnstratve head of the
CPWD, as aforesad, shoud act as arbtrator and f for any reason that s not
possbe, the matter sha not be referred to arbtraton at a.
It s aso a term of ths contract that f the contr|3.ctor does not make any
demand for appontment of arbtrator n respect of any cams n wrtng as
aforesad wthn 120 days of recevng the ntmaton from the Engneer-n-
ct:)arge that the na b s ready for payment, the cam of the contractor
sha be deemed to have been waved and absoutey barred and the
Government sha be dscharged and reeased of a abtes under the
contract n respect of these cams.
The arbtraton sha be conducted n accordance wth the provsons of the
Arbtraton and Concaton Act, 1996 (26 of 1996) or any statutory
modcatons or re-enactment thereof and the rues made thereunder and
for the tme beng n force sha appy to the arbtraton proceedng under
ths cause.
It s aso a term of ths contract that the arbtrator sha ad|udcate on ony
such dsputes as are referred to hm by the appontng authorty and gve
separate award aganst each dspute and cam referred to hm and n a
cases where the tota amount of the cams by any party exceeds Rs.
1,00,000/-, the arbtrator sha gve reasons for the award.
It s aso a term of the contract that f any fees are payabe to the arbtrator,
these sha be I pad equay by both the partes.
It s aso a term of the contract that the arbtrator sha be deemed to have
entered on the reference on the date he ssues notce to both the partes
cang them to submt ther statement of cams and counter statement of
cams. The venue of the arbtraton sha be such pace as may be xed by
the arbtrator n hs soe dscreton. The fees, f any, of the arbtrator sha, f
requred to be pad before the award s made and pubshed, be pad haf and
haf by each of the partes. The cost of the reference and of the award
(ncudng the fees, f any, of the arbtrator) sha be n the dscreton of the
arbtrator who may drect to any by whom and n what manner, such costs or
any part thereof sha be pad and x or sette the amount of costs to be so
pad.
Contrator to indemnif8 Go(t. against 2atent
*ights
C+A,!) 2@
The contractor sha fuy ndemnfy and keep ndemned the Presdent of
Inda aganst any acton, cam or proceedng reatng to nfrngement or use
of any patent or desgn or any aeged patent or desgn rghts and sha pay
any royates whch may be payabe n respect of any artce or part thereof
ncuded n the contract. In the event of any cams made under or acton
brought aganst Government n respect of any such matters as aforesad,
the contractor sha be mmedatey noted thereof and the contractor sha
be at berty, at hs own expense, to sette any dspute or to conduct any
tgaton that may arse therefrom, provded that the contractor sha not be
abe to ndemnfy the Presdent of Inda f the nfrngement of the patent or
desgn or any aeged patent or desgn rght s the drect resut of an order
passed by the Engneer-n-Charge n ths behaf.
+"mps"m 2ro(isions in 1ender
C+A,!) 27
When the estmate on whch a tender s made ncudes ump sum n respect
of parts of the work, the contractor sha be entted to payment n respect
of the tems of work nvoved or the part of the work n queston at the
same rates as are payabe under ths contract for such tems, or f the part
of the work n queston s not, n the opnon of the Engneer-n-Charge
payabe of measurement, the Engneer-n-Charge may at hs dscreton pay
the ump-sum amount entered n the estmate, and the certcate n wrtng
of the Engneer-n-Charge sha be na and concusve aganst the
contractor wth regard to any sum or sums payabe to hm under the
provsons of the cause.
Ation where no !pei9ations are
spei9ed
C+A,!) 28
In the case of any cass of work for whch there s no such speccatons as
referred to n Cause 11, such work sha be carred out n accordance wth
the Bureau of Indan Standards Speccatons. In case there are no such
speccatons n Bureau of Indan Standards, the work sha be carred 'out as
per manufacturers' speccatons, f not avaabe then as per Dstrct
Speccatons. In case there are no such speccatons as requred above,
the work sha be carred out n a respects n accordance wth the
nstructons and requrements of the Engneer-n-Charge.
3ith-holding and lien in respet of s"ms d"e from
ontrator
C+A,!) 2B
() Whenever any cam or cams for payment of a sum of money arses out
of or under the contract or aganst the contractor, the Engneer-n-Charge or
the Government sha be entted to wthhod and aso have a en to retan
such sum or sums n whoe or n part from the securty, f any deposted by
the contractor and for the purpose aforesad, the Engneer-n-Charge or the
Government sha be entted to wthhod the securty depost, f any,
furnshed as the case may be and aso have a en over the same pendng
nasaton or ad|udcaton of any such cam. In the event of the securty
beng nsumcent to cover the camed amount or amounts or f no securty
has been taken from the contractor, the Engneer-n-Charge or the
Government sha be entted to wthhod and have a en to retan to the
extent of such camed amount or amounts referred to above, from any sum
or sums found payabe or whch may at any tme thereafter become payabe
to the contractor under the same contract or any other contract wth the
Engneer-n-Charge of the Government or any contractng person through
the Engneer-n-Charge pendng nasaton of ad|udcaton of any such
cam.
It s an agreed term of the contract that the sum of money or moneys so
wthhed or retaned under' the en referred to above by the Engneer-n-
Charge or Government w be kept wthhed or retaned as such by the
Engneer-n-Charge or Government t the cam 21rsng out of or under the
contract s determned by the arbtrator (f the contract s governed by the
arbtraton cause) by the competent court, as the case may be and that the
contractor w have no cam for nterest or damages whatsoever on any
account n respect of such wthhodng or retenton under the en referred to
above and duy noted as such to the contractor. For the purpose of ths
cause, where the contractor s a partnershp rm or a mted company, the
Engneer-n-Charge or the Government sha be entted to wthhod and aso
have a en to retan towards such camed amount or amounts n whoe or n
part from any sum found payabe to any partner/mted company as the
case may be, whether n hs ndvdua capacty or otherwse.
() Government sha have the rght to cause an audt and technca
examnaton of the works and the na bs of the contractor ncudng a
supportng vouchers, abstract, etc., to be made after payment of the na
b and f as a resut of such audt and technca examnaton any sum s
found to have been overpad n respect of any work done by the contractor
under the contract or any work camed to have been done by hm under the
contract and found not to have been executed, the contractor sha be abe
to refund the amount of over-payment and t sha be awfu for Government
to recover the same from hm n the .manner prescrbed n sub-cause () of
ths cause or n any other manner egay permssbe; and f t s found that
the contractor was pad ess than what was due to hm under the contract n
respect of any work executed by hm under t, the amount of such under
payment sha be duy pad by Government to the contractor, wthout any
nterest thereon Whatsoever.
Provded that the Government sha not be entted to recover any sum
overpad, nor the contractor sha be entted to payment of any sum pad
short where such payment has been agreed upon between the
Superntendng Engneer or Executve Engneer on the one hand and the
contractor on the other under any term of the contract permttng payment
for work after assessment by the Superntendng Engneer or the Executve
Engneer,
+ien in respet of laims in other Contrats
C+A,!) 2BA
Any sum of money due and payabe to the contractor (ncudng the securty
depost returnabe to hm) under the contract may be wthhed or retaned
by way of en by the Engneer-n-Charge or the Government or any other
contractng person or persons through Engneer-n-Charge aganst any cam.
of the Engneer-n-Charge or Government or such other person or persons n
respect of payment of a sum of money arsng out of or under any other
contract made by the contractor wth the Engneer- n-Charge or the
Government or wth such other person or persons.
It s an agreed term of the contract that the sum of money so wthhed or
retaned under ths cause by the Engneer-n-Charge or the Government w
be kept wthhed or retaned as such by the Engneer-n-Charge or the
Government or t hs cam arsng out of the same contract or any other
contract s ether mutuay setted or determned by the arbtraton cause or
by the competent court, as the case may be and that the contractor sha
have no cam for nterest or damages whatsoever on ths account or on any
other ground n respect of any sum of money wthhed or retaned under ths
cause and duy noted as such to the contractor.
)mplo8ment of oal mining or ontrolled area la'o"r not
permissi'le
C+A,!) =0
The contractor sha not empoy coa mnng or controed area abour fang
under any category whatsoever on or n connecton wth the work or recrut
abour from area wthn a radus of 32 km (20 mes) of the controed area.
Sub|ect as above the contractor sha empoy mported abour ony .e.,
depost mported abour or abour mported by contractors from area, from
whch mport s permtted
Where ceng prce for mported abour has been xed by State or Regona
Labour Commttees not more than that ceng prce sha be pad to the
abour by the contractor.
The contractor sha mmedatey remove any abourer who may be ponted
out by the Engneer-n-Charge as beng a coa mnng or controed area
abourer. Faure to do so sha render the contractor abe to pay to
Government a sum cacuated at the rate of RS.1 0/- per day per abourer.
The certcate of the Engneer-n-Charge about the number of coa mnng or
controed area abourer and the number of days for whch they worked sha
be na and bndng upon a partes to ths contract.
It s decared and agreed between the partes that the aforesad stpuaton
n ths cause s one n whch the pubc are nterested wthn the meanng of
the excepton n Secton 74 of Indan Contract Act, 1872.
):planation$ - Controed Area means the foowng areas:
Dstrcts of Dhanbad, Hazarbagh, |amtara - a Sub-Dvson under
Santha pargana Commssonery, Dstrcts of Bankuara, Brbhum,
Burdwan, Dstrct of Baspur.
Any other area whch may be decared a Controed Area by or wth the
approva of the Centra Government.
,n9ltered water s"ppl8
C+A,!) =<
The contractor(s) sha make hs/ther own arrangements for water requred
for the work and nothng extra w be pad for the same. Ths w be sub|ect
to the foowng condtons.
() That the water used by the contractor(s) sha be t for constructon
purposes to the satsfacton of the Engneer-n-Charge.
() The Engneer-n-Charge sha make aternatve arrangements for suppy
of water at the rsk and cost of contractor(s) f the arrangements made by
the contractor(s) for procurement of water are n the opnon of the Engneer-
n- Charge, unsatsfactory.
.epartmental water s"ppl8& if a(aila'le
C+A,!) =< A
Water f avaabe may be supped to the contractor by the department
sub|ect to the foowng condtons:
() The water charges @ 1 % sha be recovered on gross amount of the
work done.
() The contractor(s) sha make hs/ther own arrangement of water
connecton and yng of ppenes from exstng man of source of
suppy.
() The Department do not guarantee to mantan unnterrupted suppy of
water and t w be ncumbent on the contractor(s) to make aternatve
arrangements for water at hs/ ther own cost n the event of any
temporary break down n the Government water man so that the
progress of hs/ther work s not hed up for want of water. No cam of
damage or refund of water charges w be entertaned on account of
such break down.
Alternate water arrangements
C+A,!) =2
() Where there s no pped water suppy arrangement and the water s taken
by the contractor from the wes or hand pump constructed by the
Government, no charge sha be recovered from the contractor on that
account. The contractor sha, however, draw water at such hours of the day
that t does not nterfere wth the norma use for whch the hand pumps and
wes are ntended. He w aso be responsbe for a damage and abnorma
repars arsng out of hs use, the cost of whch sha be recoverabe from
hm. The Engneer-n-Charge sha be the na authorty to determne the
cost recoverabe from the contractor on ths account and hs decson sha
be bndng on the contractor.
() The contractor sha be aowed to construct temporary wes n
Government and for takng water for constructon purposes ony after he has
got permsson of the Engneer-n-Charge n wrtng. No charges sha be
recovered from the contractor on ths account, but the contractor sha be
requred to provde necessary safety arrangements to avod any accdents or
damage to ad|acent budngs, roads and servce nes. He sha be
responsbe for any accdents or damage caused due to constructon and
subsequent mantenance of the wes and sha restore the ground to ts
orgna condton after the wes are dsmanted on competon of the work.
*et"rn of !"rpl"s materials
C+A,!) ==
Notwthstandng anythng contaned to the contrary n ths contract, where
any materas for the executon of the contract are procured wth the
assstance of Government ether
by ssue from Government Stocks or purchase made under orders or permts
or cences Issued by Government, the contractor sha hod the sad
materas economcay and soey for the purpose of the contract and not
dspose of them wthout the wrtten permsson of the Government and
return, f requred by the Engneer-n-Charge, a surpus or unservceabe
materas that may be eft wth hm after the competon of the contract or at
ts termnaton for any reason 'that so ever on beng pad or credted such
prce as the Engneer-n-Charge sha determne havng due regard to the
condton of the materas. The prce aowed to the contractor however sha
not exceed the amount charged to hm excudng the eement of storage
charges. The decson of the Engneer-n-Charge sha be na and
concusve. In the event of breach of the aforesad condton, the contractor
sha n addton to throwng hmsef open to acton for contraventon of the
terms of .the cense or permt and/or for crmna breach of trust, be abe to
Government for a moneys, advantages or prots resutng or whch n the
usua course woud have resuted to hm by reason or such breach,
Hire of 2lant 6 Mahiner8
C+A,!) =>
() The contractor sha arrange at hs own expense a toos, pant,
machnery and equpment (herenafter referred to as T &P) requred for
executon of the work except for the Pant & Machnery sted n Schedue
'C' and stpuated for ssue to the contractor. If the contractor requres any
tem of T&P on hre from the T&P avaabe wth the Government over and
above the T&P stpuated for ssue, the Government w, f such tem s
avaabe, hre t to the contractor at rates to be agreed upon between hm
and the Engneer-n-Charge. In such a case, -a the condtons hereunder
for ssue of T&P sha aso be appcabe to such T&P as s agreed to be
ssued.
() Pant and Machnery when supped on hre charges shown n Schedue
'C' sha be made over and taken back at the departmenta equpment
yard/shed shown n Schedue 'c' and the contractor sha bear the cost of
carrage from the pace of ssue to the ste of work and back. The contractor
sha be responsbe to return the pant and machnery wth condton n
whch t was handed over to hm, and he sha be responsbe for a
damage caused to the sad pant and machnery at the ste of work or
esewhere n operaton and otherwse durng transt ncudng damage to or
oss of pant and for a osses due to hs faure to return the same soon
after the competon of the work for whch t was ssued. The Dvsona
Engneer sha be the soe |udge to determne the abty of the contractor
and ts extent n ths regard and hs decson sha be na and bndng on
the contractor.
() The pant and machnery as stpuated above w be ssued as and when
avaabe and f requred by the contractor. The contractor sha arrange hs
programme of work accordng to the avaabty of the pant and machnery
and no cam, whatsoever, w be entertaned from hm for any deay n
suppy by the Department.
(v) The hre charges sha be recovered at the prescrbed rates from and
ncusve of the date the pant and machnery made over upto and ncusve
of the date of the return n good order even though the same may not have
been workng for any cause except ma|or breakdown due to no faut of the
contractor or fauty use requrng more than three workng days contnuousy
(excudng ntervenng hodays and Sundays) for brngng the pant n order.
The contractor sha mmedatey ntmate n wrtng to the Engneer-n-
Charge when any pant or machnery gets out of order requrng ma|or
repars as aforesad. The Engneer-n-Charge sha record the date and tme
of recept of such ntmaton n the og sheet of the pant or machnery.
Based on ths f the breakdown before unch perod or ma|or breakdown w
be computed consderng haf a day's breakdown on the day of compant. If
the breakdown occurs n the post unch perod of ma|or breakdown w be
computed startng from the next workng day. In case of any dspute under
ths cause, the decson of the Superntendng Engneer sha be na and
bndng on the contractor.
(v) The hre charges shown above are for each day of 8 hours (ncusve of
the one-hour unch break) or part thereof.
(v) Hre charges w ncude servce of operatng stah as requred and aso
suppy of ubrcatng o and stores for ceanng purposes. Power fue of
approved type, rewood, kerosene o etc. for runnng the pant and
machnery and aso the fu tme chowkdar for guardng the pant and
machnery aganst any oss or damage sha be arranged by the contractor
who sha be fuy responsbe for the safeguard and securty of pant and
machnery. The contractor sha on or before the suppy of pant and
machnery sgn an agreement ndemnfyng the Department aganst any oss
or damage caused to the pant and machnery ether durng transt or at ste
of work.
(v) Ordnary, no pant and machnery sha work for more than 8 hours a
day ncusve of one-hour unch break. In case of an urgent work however,
the Engneer-n-Charge may, at hs dscreton, aow the pant and machnery
to be worked for more than norma perod of 8 hours a day. In that case, the
houry hre charges for overtme to be" borne by the contractor sha be 50%
more than the norma proportonate houry charges (1/8th of the day
charges) sub|ect to a mnmum of haf day's norma charges on any
partcuar day. For workng out hre charges for over tme, a perod of haf an
hour and above w be charged as one hour and a perod of ess than haf an
hour w be gnored.
(v) The contractor sha reease the pant and machnery every seventh day
for perodca servcng and/or wash out whch may take about three to four
hours or more. Hre charges for fu day sha be recovered from the
contractor for the day of servcng/ wash out rrespectve of the perod
empoyed n servcng.
(x) The pant and machnery once ssued to the contractor sha not be
returned by hm on account of ack of arrangements of abour and materas,
etc. on hs part, the same w be returned ony when they are requred for
ma|or repars or when n the opnon of the Engneer-n-Charge, the work or a
porton of work for whch the same was ssued s competed.
(x) Log Book for recordng the hours of day work for each of the pant and
machnery supped to the contractor w be mantaned by the Department
and w be countersgned by the contractor or hs authorsed agent day. In
case the contractor contests the correctness of the entres and/or fas to
sgn the Log Book, the decson of the Engneer-n-Charge sha be na and
bndng on hm. Hre charges w be cacuated accordng to the entres n
the Log Book and w be bndng on the contractor. Recovery on account of
hre charges for road roers sha be made for the mnmum number of days
worked out on the assumpton that a roer can consodate per day and
maxmum quantty of materas or area surfacng as noted aganst each n
the annexed statement (see attached annexure).
(x) In the case of concrete mxers, the contractors sha arrange to get the
hopper ceaned and the drum washed at the cose of the work each day or
each occason.
(a) In case roers for consodaton are empoyed by the contractor
hmsef, og book for such roers sha be mantaned n the same
manner as s done n case of departmenta roers, maxmum quantty
of any tems to be consodated for each roer-day sha aso be same
as n Annexure to Cause 34(x). For ess use of roers, recovery for the
ess roer days sha be made at the stpuated ssue rate.
(x) The contractor sha be responsbe to return the pant and machnery n
the condton n whch t was handed over to hm and he sha be responsbe
for a damage caused to the sad pant and machnery at the ste of work or
esewhere n operaton or otherwse or durng transt ncudng damage to or
oss of parts, and for a osses due to hs faure to return the same soon
after the competon of the work for whch t was ssued. The Dvsona
Engneer sha be the soe |udge to determne the abty of the contractor
and ts extent n ths regard and hs decson sha be na and bndng on the
contractor.
(x) The contractor w be exempted from evy of any hre charges for the
number of days he s caed upon n wrtng by the Engneer-n-Charge to
suspend executon of the work, provded Government pant and machnery
n queston have, n fact, remaned de wth the contractor because of the
suspenson.
(xv) In the event of the contractor not requrng any tem of pant and
machnery ssued by Government though not stpuated for ssue n Schedue
'C' any tme after takng devery at the pace of ssue, he may return t after
two days wrtten notce or at any tme wthout notce f he agrees to pay hre
charges for two addtona days wthout, n any way, ahectng the rght of the
Engneer-n-Charge to use the sad pant and machnery durng the sad
perod of two days as he kes ncudng hrng out to a thrd party.
Condition relating to "se of asphalti materials
C+A,!) =?
() The contractor undertakes to make arrangement for the supervson of
the work by the rm suppyng the tar or btumen used.
() The contractor sha coect the tota quantty of tar or btumen requred
for the work as per standard formua, before the process of pantng s
started and sha hypothecate t to the Engneer-n-Charge. If any btumen or
tar remans unused on competon of the work on account of esser use of
materas n actua executon for reasons other than authorsed changes of
speccatons and abandonment of porton of work, a correspondng
deducton equvaent to the cost of unused materas as determned by the
Engneer-n-Charge sha be made and the matera return to the contractors.
Athough the materas are hypothecated to Government, the contractor
undertakes the responsbty for ther proper watch, safe custody and
protecton aganst a rsks. The materas sha not be removed from ste of
work wthout the consent of the Engneer-n-Charge n wrtng.
() The contractor sha be responsbe for rectfyng defects notced wthn a
year from the date of competon of the work and the porton of the securty
depost reatng to asphatc work sha be refunded after the expry of ths
perod.
)mplo8ment of 1ehnial !taJ and emplo8ees
C+A,!) =@
Contractors Superntendence, Supervson, Technca Stah & Empoyees
() The contractor sha provde a necessary superntendence durng
executon of the work and a aong thereafter as may be necessary for
proper fung of the obgatons under the contract.
The contractor sha mmedatey after recevng etter of acceptance of the
tender and before commencement of the work, ntmate n wrtng to the
Engneer-n-Charge, the name(s), quacatons, experence, age, address(s)
and other partcuars aong wth certcates, of the prncpa technca
representatve to be n charge of the work and other technca
representatve(s) who w be supervsng the work. Mnmum requrement of
such technca representatve(s) and ther quacatons and experence sha
not be ower than speced n Schedue 'F'. The Engneer-n-Charge sha
wthn 3 days of recept of such communcaton ntmate n wrtng hs
approva or otherwse of such a representatve(s) to the contractor. Any such
approva may at any tme be wthdrawn and n case of such wthdrawa, the
contractor sha appont another such representatve(s) accordng to the
provsons of ths cause. Decson of the tender acceptng authorty sha be
na and bndng on the contractor n ths respect. Such a prncpa technca
representatve and other technca representatve(s) sha be apponted by
the contractor soon after recept of the approva from Engneer-n-charge
and sha be avaabe at ste before start of work.
A the provsons appcabe to the prncpa technca representatve under
the Cause w aso be appcabe to other technca representatve(s) The
prncpa technca representatve and other technca representatve(s) sha
be present at the ste of work for supervson at a tmes when any
constructon actvty s n progress and aso present hmsef/themseves, as
requred, to the Engneer-n-Charge and/or hs desgnated representatve to
take nstructons. Instructons gven to the prncpa technca representatve
or other technca representatve(s) sha be deemed to have the same force
as f these have been gven to the contractor. The prncpa technca
representatve and other technca representatve(s) sha be actuay
avaabe at ste fuy durng a stages of executon of work, durng
recordng/checkng/test checkng of measurements of works and whenever
so requred by the Engneer-n-Charge and sha aso note down nstructons
conveyed by the Engneer-n- Charge or hs desgnated representatve(s) n
the ste order book and sha amx hs/ther sgnature n token of notng down
the nstructons and n token of acceptance of measurements/ checked
measurements/test checked measurements. The representatve(s) sha not
ook after any other work. Substtutes, duy approved by Engneer-n-Charge
of the work n smar manner as aforesad sha be provded n event of
absence of any of the representatve(s) by more than two days.
If the Engneer-n-Charge, whose decson n ths respect s na and bndng
on the contractor, s convnced that no such technca representatve(s)
s/are ehectvey apponted or s/are ehectvey attendng or fung the
provson of ths cause, a recovery (non-refundabe) sha be ehected from
the contractor as speced n Schedue 'F' and the decson of the Engneer-
n-Charge as recorded n the ste order book and measurement recorded
checked/test checked n Measurement Books sha be na and bndng on
the contractor. Further f the contractor fas to appont sutabe technca
Prncpa technca representatve and/or other technca representatve(s)
and f such apponted persons are not ehectvey present or are absent by
more than two days wthout duy approved substtute or do not dscharge
ther responsbtes satsfactory, the Engneer-n-Charge sha have fu
powers to suspend the executon of the work unt such date as sutabe
other technca representatve(s) s/are apponted and the contractor sha be
hed responsbe for the deay so caused to the work. The contractor sha
submt a certcate of empoyment of the technca representatve(s)
aongwth every on account b/ na b and sha produce evdence f at any
tme so requred by the Engneer-n-Charge.
() The contractor sha provde and empoy on the ste ony such technca
assstants as are sked and experenced n ther respectve eds and such
foremen and supervsory stah as are competent to gve proper supervson to
the work.
The contractor sha provde and empoy sked, semsked and unsked
abour as s necessary for proper and tmey executon of the work.
The Engneer-n-Charge sha be at berty to ob|ect to and requre the
contractor to remove from the works any person who n hs opnon
msconducts hmsef, or s ncompetent or neggent n the performance of
hs dutes or whose empoyment s otherwse consdered by the Engneer-n-
Charge to be undesrabe. Such person sha not be empoyed agan at works
ste wthout the wrtten permsson of the Engneer-n-Charge and the
persons so removed sha be repaced as soon as possbe by competent
substtutes.
+e(8 1a:es pa8a'le '8 Contrator
C+A,!) =7
() Saes Tax/VAT or any other tax on materas n respect of ths contract
sha be payabe by the contractor and Government sha not entertan any
cam whatsoever n ths respect.
() The contractor sha depost royaty and obtan necessary permt for
suppy of the red ba|r, stone, kankar, etc. from oca authortes.
() If pursuant to or under any aw, notcaton or order any royaty, cess or
the ke becomes payabe by the Government of Inda and does not any tme
become payabe by the contractor to the State Government. Loca
authortes n respect of any matera used by the contractor n the works
then n such a case, t sha be awfu to the Government of Inda and t w
have the rght and be entted to recover the amount pad n the
crcumstances as aforesad from dues of the contractor.
Conditions for reim'"rsement of le(85ta:es if le(ied after reeipt
of tenders
C+A,!) =8
() A tendered rates sha be ncusve of a taxes and eves payabe
under respectve statutes. However, pursuant to the Consttuton (46th
Amendment Act, 1982, f any further tax or evy s mposed by Statute,
after the ast stpuated date for the recept of tender ncudng extensons
f any and the contractor thereupon necessary and propery pays such
taxes/eves, the contractor sha be rembursed the amount so pad,
provded such payments, f any, s not, n the opnon of the
Superntendng Engneer (whose decson sha be na and bndng on the
contractor) attrbutabe to deay n executon of work wthn the contro of
the contractor
() The contractor sha keep necessary books of accounts and other
documents for the purpose of ths condton as may be necessary and
sha aow nspecton of the same by a duy authorsed representatve of
the Government and/or the Engneer-n-Charge and further sha furnsh
such other nformaton/document as the Engneer-n-Charge may requre
from tme to tme.
() The contractor sha, wthn a perod of 30 days of the mposton of
any such further tax or evy, pursuant to the Consttuton (Forty Sxth
Amendment) Act 1982, gve a wrtten notce thereof to the Engneer-n-
Charge that the same s gven pursuant to ths condton, together wth a
necessary nformaton reatng thereto.
1ermination of Contrat on death of ontrator
C+A,!) =B
Wthout pre|udce to any of the rghts or remedes under ths contract, f the
contractor des, the Dvsona Omcer on behaf of the Presdent of Inda sha
have the opton of termnatng the contract wthout compensaton to the
contractor.
-f relati(e wor7ing in C23. then the ontrator not allowed to
tender
C+A,!) >0
The contractor sha not be permtted to tender for works n the CPWD crce
(responsbe for award and executon of contracts) n whch hs near reatve
s posted as Dvsona Accountant or as an omcer n any capacty between
the grades of the Superntendng Engneer and |unor Engneer (both
ncusve). He sha aso ntmate the names of persons who are workng wth
hm n any capacty or are subsequenty empoyed by hm and who are near
reatves to any Gazetted Omcer n the C.P.W.D. or n the Mnstry of Urban
Deveopment. Any breach of ths condtton by the contractor woud render
hm abe to be removed from the approved st of contractors of ths
Department. -f howe(er the ontrator is registered in an8 other
department& he shall 'e de'arred from tendering in C23. for an8
'reah of this ondition.
NOTE: By the term "near reatves" s meant wfe, husband, parents and
grand parents, chdren and grand chdren, brothers and ssters, unces,
aunts and cousns and ther correspondng n-aws.
No GaAetted )ngineer to wor7 as Contrator within one 8ear of
retirement
C+A,!) ><
No engneer of gazetted rank or other gazetted omcer empoyed n
engneerng or admnstratve dutes n an engneerng department of the
Government of Inda sha work as a contractor or empoyee of a contractor
for a perod of one year after hs retrement from government servce
wthout the prevous permsson of Government of Inda n wrtng. Ths
contract s abe to be canceed f ether the contractor or any of hs
empoyees s found at any tme to be such a person who had not obtaned
the permsson of Government of Inda as aforesad, before submsson of the
tender or engagement n the contractor's servce, as the case may be.
*et"rn of material 6 reo(er8 for e:ess material iss"ed.
C+A,!) >2
() After competon of the work and aso at any ntermedate stage n the
event of nonreconcaton of materas ssued, consumed and n baance -
(see Cause 10), theoretca quantty of materas ssued by the Government
for use n the work sha be cacuated on the bass and method gven
hereunder:
(a) Ouantty of cement & btumen sha be cacuated on the bass of
quantty of cement & btumen requred for dherent tems of work as
shown n the Schedue of Rates mentoned n Schedue 'F'. In case any
tem s executed for whch standard constants for the consumpton of
cement or btumen are not avaabe n the above mentoned
schedue/statement or cannot be derved from the same sha be
cacuated on the bass of standard formua to be ad down by the
Engneer-n-Charge.
(b) Theoretca quantty of stee renforcement or structura stee
sectons sha be taken as the quantty requred as per desgn or as
authorsed by Engneer-nCharge, ncudng authorsed appages,
chars etc. pus 3% wastage due to cuttng nto peces, such
theoretca quantty beng determned and compared wth the actua
ssues each dameterwse, sectonwse and categorwse separatey.
(c) Theoretca quantty of G.I. & C.I. or other ppes, conduts, wres
and cabes, pg ead and G.I./M.S. sheets sha be-taken as quantty
actuay requred and measured pus 5% for wastage due to cuttng
nto peces (except n the case of G.I./M.S. sheets t sha be 10%),
such determnaton & comparson beng made dameterwse &
categorwse.
(d) For any other matera as per actua
requrements.
() Over the theoretca quanttes of materas so computed a varaton sha
be aowed as speced n Schedue 'F'. The dherence n the net quanttes
of matera actuay ssued to the contractor and the theoretca quanttes
ncudng such authorsed varaton, f not returned by the contractor or f not
fuy reconced to the satsfacton of the Engneer-n- Charge wthn fteen
days of the ssue of wrtten notce by the Engneer-n-charge to ths ehect
sha be recovered at the rates speced n Schedue 'F', wthout pre|udce to
the provson of the reevant condtons regardng return of materas
governng the contract. Decson of Engneer-n-Charge n regard to
theoretca quanttes of materas, whch shoud have been actuay used as
per the Annexure of the standard schedue of rates and recovery at rates
speced n Schedue 'F', sha be na & bndng on the contractor.
For non-schedued tems, the decson of the Superntendng Engneer
regardng theoretca quanttes of materas whch shoud have been
actuay used, sha be na and bndng on the contractor.
) The sad acton under ths cause s wthout pre|udce to the rght of the
Government to take acton aganst the contractor under any other condtons
of contract for not dong the work accordng to the prescrbed speccatons.
Compensation d"ring warli7e sit"ations
C+A,!) >=
The work (whether fuy constructed or not) and a materas, machnes,
toos and pants, scahodng, temporary budngs and other thngs
connected therewth sha be at the rsk of the contractor unt the work has
been devered to the Engneer-n-Charge and a certcate from hm to that
ehect obtaned. In the event of the work or any materas propery brought
to the ste for ncorporaton n the work beng damaged or destroyed n
consequence of hosttes or warke operaton, the contractor sha when
ordered (n wrtng) by the Engneer-n-Charge to remove any debrs from the
ste, coect and propery stack or remove n store a servceabe materas
savaged from the damaged work and sha be pad at the contract rates n
accordance wth the provson of ths agreement for the work of cearng the
ste of debrs, stackng or remova of servceabe matera and for
reconstructon of a works ordered by the Engneer-n-Charge, such
payments beng n addton to compensaton upto the vaue of the work
orgnay executed before beng damaged or destroyed and not pad for. In
case of works damaged or destroyed but not aready measured and pad for,
the compensaton sha be assessed by the Dvsona Omcer upto Rs.5, 000/-
and by the Superntendng Engneer concerned for a hgher amount. The
contractor sha be pad for the damages/destructon suhered and for
restorng the matera at the rate based on anayss of rates tendered for n
accordance wth the provson of the contract. The certcate of the
Engneer-n-Charge regardng the quaty and quantty of materas and the
purpose for whch they were coected sha be na and bndng on a
partes to ths contract.
Provded aways that no compensaton sha be payabe for any oss n
consequence of hosttes or warke operatons (a) uness the contractor had
taken a such precautons aganst ar rad as are deemed necessary by the
A.R.P. Omcers or the Engneer-n-Charge (b) for any matera etc. not on the
ste of the work or for any toos, pant, machnery, scahodng, temporary
budng and other thngs not ntended for the work.
In the event of the contractor havng to carry out reconstructon as
aforesad, he sha be aowed such extenson of tme for ts competon as s
consdered reasonabe by the Dvsona Omcer.
Apprenties At pro(isions to 'e omplied with
C+A,!) >>
The contractor sha compy wth the provsons of the Apprentces Act, 1961
and the rues and orders ssued thereunder from tme to tme. If he fas to
do so, hs faure w be a breach of the contract and the Superntendng
Engneer may, n hs dscreton, cance the contract. The contractor sha
aso be abe for any pecunary abty arsng on account of any voaton
by hm of the provsons of the sad Act.
*elease of !e"rit8 deposit after la'o"r learane
C+A,!) >?
Securty Depost of the work sha not be refunded t the contractor
produces a cearance certcate from the Labour Omcer. As soon as the work
s vrtuay compete the contractor sha appy for the cearance certcate
to the Labour Omcer under ntmaton to the Engneer-n-Charge. The
Engneer-n-Charge, on recept of the sad communcaton, sha wrte to the
Labour Omcer to ntmate f any compant s pendng aganst the contractor
n respect of the work. If no compant s pendng, on record t after 3
months after competon of the work and/or no communcaton s receved
from the Labour Omcer to ths ehect t sx months after the date of
competon, t w be deemed to have receved the cearance certcate and
the Securty Depost w be reeased f otherwse due.
N/1)$
In case of dherence or ambguty n Hnd and Engsh verson, the Engsh
verson w preva.
C.2.3... !A#)1K C/.)
1. Sutabe scahods shoud be provded for workmen for a works that
cannot safey be done from the ground, or from sod constructon
except such short perod work as can be done safey from adders.
When a adder s used, an extra mazdoor sha be engaged for hodng
the adder and f the adder s used for carryng materas as we
sutabe foothods and hand-hod sha be provded on the adder and
the adder sha be gven an ncnaton not steeper than % to 1 (%
horzonta and 1 vertca.)
2. Scahodng of stagng more than 3.6 m (12ft.) above the ground or
oor, swung or suspended from an overhead support or erected wth
statonary support sha have a guard ra propery attached or boted,
braced and otherwse secured at east 90 cm. (3ft.) hgh above the
oor or patform of such scahodng or stagng and extendng aong
the entre ength of the outsde and ends there of wth ony such
openng as may be necessary for the devery of materas. Such
scahodng or stagng sha be so fastened as to prevent t from
swayng from the budng or structure.
3. Workng patforms, gangways and starways shoud be so constructed
that they shoud not sag unduy or unequay, and f the heght of the
patform or the gangway or the starway s more than 3.6 m (12ft.)
above ground eve or oor eve, they shoud be cosey boarded,
shoud have adequate wdth and shoud be sutaby fastened as
descrbed n (2) above.
4. Every openng n the oor. of a budng or n a workng patform sha
be provded wth sutabe means to prevent the fa of person or
materas by provdng sutabe fencng or rang whose mnmum
heght sha be 90 cm. (3ft.)
5. Safe means of access sha be provded to a workng patforms and
other workng paces. Every adder sha be securey xed. No portabe
snge adder sha be over 9m. (30ft.) n ength whe the wdth
between sde ras n rung adder sha n no case be ess than 29 cm.
(111/2") for adder upto and ncudng 3 m. (10ft.) n ength. For onger
adders, ths wdth shoud be ncreased at east W' for each addtona
30 cm. (1 foot) of ength. Unform step spacng of not more than 30 cm
sha be kept. Adequate precautons sha be taken to prevent danger
from eectrca equpment. No materas on any of the stes or work
sha be so stacked or paced as to cause danger or nconvenence to
any person or the pubc. The contractor sha provde a necessary
fencng and ghts to protect the pubc from accdent and sha be
bound to bear the expenses of defence of every sut, acton or other
proceedngs at aw that may be brought by any person for n|ury
sustaned owng to negect of the above precautons and to pay any
damages and cost whch may be awarded n any such sut; acton or
proceedngs to any such person or whch may, wth the consent of the
contractor, be pad to compensate any cam by any such person.
6. Excavaton and Trenchng - A trenches 1.2 m. (4ft.) or more n depth,
sha at a tmes be supped wth at east one adder for each 30 m.
(100 ft.) n ength or fracton thereof, Ladder sha extend from bottom
of the trench to at east 90 cm. (3ft.) above the surface of the ground.
The sde of the trenches whch are 1.5 m. (5ft.) or more n depth sha
be stepped back to gve sutabe sope or securey hed by tmber
bracng, so as to avod the danger of sdes coapsng. The excavated
materas sha not be paced wthn 1.5 m. (5ft.) of the edges of the
trench or haf of the depth of the trench whchever s more. Cuttng
sha be done from top to bottom. Under no crcumstances,
undermnng or undercuttng sha be done.
7. Demoton - Before any demoton work s commenced and aso
durng the progress of the work,
) A roads and open areas ad|acent to the work ste sha ether be
cosed or sutaby protected.
) No eectrc cabe or apparatus whch s abe to be a source of
danger or a cabe or apparatus used by the operator sha reman
eectrcay charged.
) A practca steps sha be taken to prevent danger to persons
empoyed from rsk of re or exposon or oodng. No oor, roof or
other part of the budng sha be so overoaded wth debrs or
materas as to render t unsafe. .
8. A necessary persona safety equpment as consdered adequate by
the Engneer-n-Charge shoud be kept avaabe for the use of the
person empoyed on the ste and mantaned n a condton sutabe for
mmedate use, and the contractor shoud take adequate steps to
ensure proper use of equpment by those concerned: - The foowng
safety equpment sha nvaraby be provded.
) Workers empoyed on mxng asphatc materas, cement and me
mortars sha be provded wth protectve footwear and protectve
gogges.
) Those engaged n whte washng and mxng or stackng of cement
bags or any matera whch s n|urous to the eyes, sha be provded
wth protectve gogges.
) Those engaged n wedng works sha be provded wth weder's
protectve eye-sheds.
v) Stone breaker sha be provded wth protectve gogges and
protectve cothng and seated at sumcenty safe ntervas.
v) When workers are empoyed n sewers and manhoes, whch are n
actve use, the contractors sha ensure that the manhoe covers are
opened and ventated at east for an hour before the workers are
aowed to get nto the manhoes, and the manhoes so opened sha
be cordoned oh wth sutabe rang and provded wth warnng sgnas
or boards to prevent accdent to the pubc. In addton, the contractor
sha ensure that the foowng safety measure are adhered to:
a) Entry for workers nto the ne sha not be aowed except
under supervson of the |E or any other hgher omcer.
b) At east 5 to 6 manhoes upstream and downstream shoud be
kept open for at east 2 to 3 hours before any man s aowed to
enter nto the manhoe for workng nsde.
c) Before entry, presence of Toxc gases shoud be tested by
nsertng wet ead acetate paper whch changes coour n the
presence of such gases and gves ndcaton of ther presence.
d) Presence of Oxygen shoud be vered by owerng a detector
amp nto the manhoe. In case, no Oxygen s found nsde the
sewer ne, workers shoud be sent ony wth Oxygen kt.
e) Safety bet wth rope shoud be provded to the workers. Whe
workng nsde the manhoes, such rope shoud be handed by
two men standng outsde to enabe hm to be pued out durng
emergency.
f) The area shoud be barrcaded or cordoned of by sutabe
means to avod mshaps of any knd. Proper warnng sgns
shoud be dspayed for the safety of the pubc whenever
ceanng works are undertaken durng nght or day.
g) No smokng or open ames sha be aowed near the bocked
manhoe beng ceaned.
h) The maba obtaned on account of ceanng of bocked
manhoes and sewer nes shoud be mmedatey removed to
avod accdents on account of sppery nature of the maba.
) Workers shoud not be aowed to work nsde the manhoe
contnuousy. He shoud be gven rest ntermttenty. The
Engneer-n-Charge may decde the tme up to whch a worker
may be aowed to work contnuousy nsde the manhoe.
|) Gas masks wth Oxygen Cynder shoud be kept at ste for use
n emergency.
k) Ar-bowers shoud be used for ow of fresh ar to the
manhoes. Whenever caed for, portabe ar bowers are
recommended for ventatng the manhoes. The Motors for these
sha be vapour proof and of totay encosed type. Non-sparkng
gas engnes aso coud be used but they shoud be paced at
east 2metres away from the openng and on the eeward sde
protected from wnd so that they w not be a source of frcton
on any nammabe gas that mght be present.
) The workers engaged for ceanng the manhoes/sewers shoud
be propery traned before aowng to work n the manhoe.
m) The workers shoud be provded wth Gumboots or non-
sparkng shoes bump hemets and goves non-sparkng toos
safety ghts and gas masks and portabe ar bowers (when
necessary). They must be supped wth barrer cream for
anontng the mbs before workng nsde the sewer nes.
n) Workmen descendng a manhoe sha fry each adder stop or
rung carefuy before puttng hs fu weght on eat to guard
aganst nsecure fastenng due to corroson of the rung xed to
manhoe we.
o) If a man has receved a physca n|ury, he shoud be brought
out of the sewer mmedatey and adequate medca ad shoud
be provded to hm.
p) The extent to whch these precautons are to be taken depend
on ndvdua stuaton but the decson of the Engneer-n-Charge
regardng the steps to be taken n ths regard n an ndvdua
case w be na.
v) The Contractor sha not empoy men and women beow the age of 18
years on the work of pantng wth products contanng ead n any form.
Wherever men above the age of 18 are empoyed on the work of ead
pantng, the foowng precauton shoud I be taken:
a) No pant contanng ead or ead products sha be used except n
the form of paste or ready-made pant.
b) Sutabe face masks shoud be supped for use by the workers when
pant s apped n the form of spray or a surface havng ead pant s
dry rubbed and scrapped.
c) Overas sha be supped by the contractors to the workmen and
adequate factes sha be provded to enabe the workng panters to
wash durng and on the cessaton of work.
9. An addtona cause (v)() of Centra Pubc Works Department Safety
Code (v) the contractor sha not empoy women and men beow the
age of 18 on the work of pantng wth product contanng ead n any
form, wherever men above the age of 18 are empoyed on the work of
ead pantng, the foowng prncpes must be observed for such use:
() Whe ead, suphate of ead or product contanng these
pgment, sha not be used n pantng operaton except n the
form of pastes or pant ready for use.
() Measures sha be taken, wherever requred n order to
prevent danger arsng from the appcaton of a pant n the
form of spray.
() Measures sha be taken wherever practcabe, to prevent
danger arsng out of from dust caused by dry rubbng down
and scrappng
(v) Adequate factes sha be provded to enabe workng
panters to wash durng and on cessaton of work.
(v) Overa sha be worn by workng panters durng the whoe of
workng perod.
(v) Sutabe arrangement sha be made prevent cothng put oh
durng workng hours beng spoed by pantng materas.
(v) Cases of ead posonng and suspected ead posonng sha
be noted and sha be subsequenty vered by medca man
apponted by competent authorty of C.P.W.D. PWD (DA).
(v) C.P.W.D. PWD (DA) may requre, when necessary medca
examnaton of workers.
(x) Instructons wth regards to speca hygenc precautons to be
taken n the pantng trade sha be dstrbuted to workng
panters.
10. When the work s done near any pace where there s rsk of drownng, a
necessary equpments shoud be provded and kept ready for use and a
necessary steps taken for prompt rescue of any person n danger and
adequate provson, shoud be made for prompt rst ad treatment of a
n|ures key to be obtaned durng the course of the work.
11. Use of hostng machnes and tacke ncudng ther attachments,
anchorage and supports sha conform to the foowng standards or
condtons:
)(a)These sha be of good mechanca constructon, sound materas
and adequate strength and free from patent defects and sha be kept
repared and n good workng order.
(b) Every rope used n hostng or owerng materas or as a means of
suspenson sha be of durabe quaty and adequate strength, and free
from patent defects.
) Every crane drver or hostng appance operator sha be propery
quaed and no person under the age of 21 years shoud be n charge
of any hostng machne ncudng any scahodng wnch or gve sgnas
to operator.
) In case of every hostng machne and of every chan rng hook,
shacke swve and puey bock used n hostng or as means of
suspenson, the safe workng oad sha be ascertaned by adequate
means. Every hostng machne and a gear referred to above sha be
pany marked wth the safe workng oad. In case of a hostng
machne havng a varabe safe workng oad each safe workng oad
and the condton under whch t s appcabe sha be ceary
ndcated. No part of any machne or any gear referred to above n ths
paragraph sha be oaded beyond the safe workng oad except for the
purpose of testng.
v) In case of departmenta machnes, the safe workng oad sha be
noted by the Eectrca Engneer-n-Charge. As regards contractor's
machnes the contractors sha notfy the safe workng oad of the
machne to the Engneer-n-Charge whenever he brngs any machnery
to ste of work and get t vered by the Eectrca Engneer concerned.
12. Motors, gearng, transmsson, eectrc wrng and other dangerous
parts of hostng appances shoud be provded wth emcent
safeguards. Hostng appances shoud be provded wth such means
as w reduce to the mnmum the rsk of accdenta descent of the
oad. Adequate precautons shoud be taken to reduce to the mnmum
the rsk of any part of a suspended oad becomng accdentay
dspaced. When workers are empoyed on eectrca nstaatons whch
are aready energsed, nsuatng mats, wearng appare, such as
goves, seeves and boots as may be necessary shoud be provded.
The worker shoud not wear any rngs, watches and carry keys or other
materas whch are good conductors of eectrcty.
13. A scahods, adders and other safety devces mentoned or descrbed
heren sha be mantaned n safe condton and no scahod, adder or
equpment sha be atered or removed whe t s n use. Adequate
washng factes shoud be provded at or near paces of work.
14. These safety provsons shoud be brought to the notce of a
concerned by dspay on a notce board at promnent a pace at work
spot. The person responsbe for compance of the safety code sha be
named theren by the contractor.
15. To ensure ehectve enforcement of the rues and reguatons reatng to
safety precautons the arrangements made by the contractor sha be
open to nspecton by the Labour Omcer of Engneer-n-Charge of the
department or ther representatves.
16 Notwthstandng the above causes from (1) to (15), there s nothng n
these to exempt the contractor from the operatons of any other Act or
Rue n force n the Repubc of Inda.
Model *"les for the 2rotetion of Health and !anitar8 Arrangements
for 3or7ers )mplo8ed '8 Central 2.3... or its Contrators
<. A22+-CA1-/N
These rues sha appy to a budngs and constructon works n
charge of Centra Pubc Works Department/ PWD (DA) n whch twenty
or more workers are ordnary empoyed or are proposed to be
empoyed n any day durng the perod durng whch the contract work
s n progress.
2. .)#-N-1-/N
Work pace means a pace where twenty or more workers are ordnary
empoyed n connecton wth constructon work on any day durng the
perod durng whch the contract work s n progress.
=. #-*!1-A-. #AC-+-1-)!
() At every work pace, there sha be provded and mantaned, so
as to be easy accessbe durng workng hours, rst-ad boxes at
the rate of not ess than one box for 150 contract abour or part
thereof ordnary empoyed.
() The rst-ad box sha be dstncty marked wth a red cross on
whte background and sha contan the foowng equpment.
a) For work paces n whch the number of contract abour
empoyed does not exceed 50-
Each rst-ad box sha contan the foowng equpments:-
1. 6 sma sterzed dressngs
2. 3 medum sze sterzed dressngs.
3. 3 arge sze sterzed dressngs
4. 3 arge sterzed burn dressngs.
5. 1 (30m.) botte contanng a two per cent acohoc
souton of odne.
6. 1 (30 m.) botte contanng Sa voate havng the dose
and mode of admnstraton ndcated on the abe.
7. 1 snakebte ancet.
8. 1 (30 gms.) botte of potassum permanganate crystas.
9. 1 par scssors.
10. 1 copy of the rst-ad eaet ssued by the Drector
Genera, Factory Advce Servce and Labour Insttutes,
Government of Inda.
11. 1 botte contanng 100 tabets (each of 5 gms.) of asprn.
12. Ontment for burns.
13. A botte of sutabe surgca antseptc souton.
(b) For work paces n whch the number of contract abour exceed 50.
Each rst-ad box sha contan the foowng equpments.
1. 12 sma stersed dressngs.
2. 6 medum sze stersed dressngs.
3. 6 arge sze stersed dressngs.
4. 6 arge sze stersed burn dressngs.
5. 6 (15 gms.) packets stersed cotton woo.
6. 1 (60 m.) botte contanng two percent acohoc souton odne.
7. 1 (60 m.) botte contanng savoate havng the dose and
mode of admnstraton ndcated on the abe.
8. 1 ro of adhesve paster.
9. 1 snake bte ancet.
10. 1 (30gms.) botte of potassum permanganate crystas.
11. 1 par scssors
12. 1 copy of the rst-ad eaet ssued by the Drector Genera
Factory Advce Servce and Labour Insttutes/Government of
Inda.
13. A botte contanng 100 tabets (each of 5 gms.) of asprng.
14. Ontment for burns.
15. A botte of sutabe surgca antseptc souton.
() Adequate arrangements sha be made for mmedate recoupment of the
equpment when necessary.
(v) Nothng except the prescrbed contents sha be kept n the Frst - ad
box.
(v) The rst-ad box sha be kept n charge of a responsbe person who sha
aways be ready avaabe durng the workng hours of the work pace.
(v) A person n charge of the Frst-ad box sha be a person traned n Frst-
ad treatment n the workpaces where the number of contract abour
empoyed s150 or more.
(v) In work paces where the number of contract abour empoyed s 500 or
more and hospta factes are not avaabe wthn easy dstance from the
works. Frst-ad posts sha be estabshed and run by a traned compounder.
The compounder sha be on duty and sha be avaabe at a hours when
the workers are at work.
(v) Where work paces are stuated n paces whch are not towns or ctes,
a sutabe motor transport sha be kept ready avaabe to carry n|ured
person or person suddeny taken to the nearest hospta.
.*-N4-NG 3A1)*
() In every work pace, there sha be provded and mantaned at sutabe
paces, easy accessbe to abour, a sumcent suppy of cod water t
for drnkng.
() Where drnkng water s obtaned from an Intermttent pubc water
suppy, each
work pace sha be provded wth storage where such drnkng water
sha be stored.
() Every water suppy or storage sha be at a dstance of not ess than 50
feet from any atrne dran or other source of pouton. Where water
has to be drawn from an exstng we whch s wthn such proxmty of
atrne, dran or any other source of pouton, the we sha be propery
chornated before water s drawn from t for drnkng. A such wes
sha be entrey cosed n and be provded wth a trap door whch sha
be dust and waterproof.
(v) A reabe pump sha be tted to each covered we, the trap door sha
be kept ocked and opened ony for ceanng or nspecton whch sha
be done at east once a month.
?. 3A!H-NG #AC-+-1-)!
() In every work pace adequate and sutabe factes for washng sha
be provded and mantaned for the use of contract abour empoyed
theren.
() Separate and adequate ceanng factes sha be provded for the use
of mae and femae worker
() Such factes sha be convenenty accessbe and sha be kept n
cean and hygenc condton.
@. +A1*-N)! AN. ,*-NA+!
() Latrnes sha be provded n every work pace on the foowng scae
namey: -
(a) Where femae are empoyed, there sha be at east one atrne
for every 25 femaes.
(b) Where maes are empoyed, there sha be at east one atrne for
every 25 maes.
Provded that, where the number of maes or femaes exceeds
100, t sha be sumcent f there s one atrne for 25 maes or
femaes as the case ma be upto the rst 100, and one for every
50 thereafter.
() Every atrne sha be under cover and so parttoned oh as to secure
prvacy, and sha have a proper door and fastenngs.
() Constructon of atrnes: The nsde was sha be constructed of
masonry or some sutabe heat-resstng nonabsorbent materas and
sha be cement washed nsde and outsde at east once a year,
Latrnes sha not be of a standard ower than borehoe system.
(v) (a) Where workers of both sexes are empoyed, there sha be
dspayed outsde
each bock of atrne and urna, a notce n the anguage understood
by the ma|orty of the workers "For Men ony" or "For Women Ony" as
the case may be.
(b) The notce sha aso bear the gure of a man or of a woman, as the
case may be.
(v) There sha be at east one urna for mae workers upto 50 and one for
femae workers upto fty empoyed at a tme, provded that where the
number of mae or femae workmen, as the case may be exceeds 500,
t sha be sumcent f there s one urna for every 50 maes or femaes
upto the rst 500 and one for every 100 or part thereafter.
(v) (a) The atrnes and urnas sha be adequatey ghted and sha be
mantaned
n a cean and santary condton at a tmes.
(b) Latrnes and urnas other than those connected wth a ush
sewage system
sha compy wth the requrements of the Pubc Heath Authortes.
(v) Water sha be provded by means of tap or otherwse so as to be
convenenty accessbe n or near the atrnes and urnas.
(v) Dsposa of excreta: - Uness otherwse arranged for by the oca
santary authorty, arrangements for proper dsposa of excreta by
ncneraton at the work pace sha be made by means of a sutabe
ncnerator. Aternatey excreta may be dsposed of by puttng a ayer
of nght so at the bottom of a pucca tank prepared for the purpose
and coverng t wth a 15 cm. ayer of waste or refuse and then
coverng t wth a ayer of earth for a fortnght (when t w turn to
manure).
(x) The contractor sha at hs own expense, carry out a nstructons
-
ssued to hm
by the Engneer-n-Charge to ehect proper dsposa of nght so and
other conservancy work n respect of the contractor's workmen or
empoyees on the ste. The contractor sha be responsbe for payment
of any charges whch may be eved by Muncpa cantonment Authorty
for executon of such on hs behaf.
.
7. 2*/0-!-/N /# !H)+1)* .,*-NG *)!1
At every pace there sha be provded, free of cost, four sutabe
sheds, two for meas and the other two for rest separatey for the use
of men and women abour. The heght of each sheter sha not be ess
than 3 metres (10ft.) from the oor eve to the owest part of the rood.
These sha be kept cean and the space provded sha be on the bass
of 0.6 sq.m. (6 sft) per head.
Provded that the Engneer-n-Charge may permt sub|ect to hs
satsfacton, a porton of the budng under constructon or other
aternatve accommodaton to be used for the purpose.
8 C*)CH)!
() At every work pace, at whch 20 or more women worker are
ordnary empoyed, there sha be provded two rooms of reasonabe
dmensons for the use of ther
Chdren under the age of sx years. One room sha be used as a pay
room for the rooms sha be constructed wth speccatons as per
cause 19H () a, b & c.
() The rooms sha be provded wth sutabe and sumcent
openngs for ght and ventaton. There sha be adequate provson of
sweepers to keep the paces cean.
() The contractor sha suppy adequate number of toys and games
n the payroom and sumcent number of cots and beddngs n the
bedroom.
(v) The contractor sha provde one ayaa to ook after the chdren
n the crche when the number of women workers does not exceed 50
and two when the number of women workers exceed 50.
(v) The use of the rooms earmarked as crches sha be restrcted to
chdren, ther attendants and mothers of the chdren.
B. CAN1))N!
() In every work pace where the work regardng the empoyment of
contract abour s key to contnue for sx months and where n
contract abour numberng one hundred or more are ordnary
empoyed, an adequate canteen sha be provded by the contractor
for the use of such contract abour.
() The canteen sha be mantaned by the contractor n an emcent
manner.
() The canteen sha consst of at east a dnng ha, ktchen, storeroom,
pantry and washng paces separatey for workers and utenss.
(v) The canteen sha be sumcenty ghted at a tmes when any person
has access to t.
(v) The oor sha be made of smooth and mpervous materas and nsde
was sha be me-washed or coour washed at east once n each year.
Provded that the nsde was of the ktchen sha be me-washed
every four months.
(v) The premses of the canteen sha be mantaned n a cean and
santary condton. Wastewater sha be carred away n sutabe
covered drans and sha not be aowed to accumuate so as to cause
a nusance.
(v) Sutabe arrangements sha be made for the coecton and dsposa of
garbage.
(x) The dnng ha sha accommodate at a tme 30 per cent of the
contract abour workng at a tme.
(x) The oor area of the dnng ha, excudng the area occuped by the
servce counter and any furnture except tabes and chars sha not be
ess than one square metre (10 sqt) per dner to be accommodated as
prescrbed n sub-Rue 9.
(x) a) A porton of the dnng ha and servce counter sha be
parttoned oh and reserved for women workers n proporton to
ther number.
b) Washng paces for women sha be separate and screened to
secure prvacy.
(x) Sumcent tabes stoos, char or benches sha be avaabe for the
number of dnners to accommodated as prescrbed n sub-Rue 9.
(x) a) 1.There sha be provded and mantaned sumcent utenss
crockery, furnture and any other equpments necessary for the
emcent runnng of the canteen.
2. The furnture utenss and other equpment sha me
mantaned n cean and hygenc condton.
b) 1.Sutabe cean coths for the empoyees servng n the canteen
sha be provded and mantaned.
2.A servce counter, f provded, sha have top of smooth and
mpervous matera.
3. Sutabe factes ncudng an adequate suppy of hot water
sha be provded for the ceanng of utenss and equpments.
(xv) The food stuhs and other tems to be served n the canteen sha be n
conformty wth the norma habts of the contract abour.
(xv) The charges for food stuhs, beverages and any other tems served n
the canteen sha be based on 'No prot, No oss' and sha be
conspcuousy dspayed n the canteen.
(xv) In arrvng at the prce of foodstuhs, and other artce served n the
canteen, the
foowng tems sha not be taken nto consderaton as expendture
namey:
(a) The rent of and and budng.
(b) The deprecaton and mantenance charges for the budng and
equpments provded for the canteen.
(c) The cost of purchase, repars and repacement of equpments
ncudng
furnture, crockery, cutery and utenss.
(d) The water charges and other charges ncurred for ghtng and
ventaton.
(e) The nterest and amounts spent on the provson and mantenance
of
equpments provded for the canteen.
(xv) The accounts pertanng to the canteen sha be audted once every 12
months by regstered accountants and audtors.
<0. AN1--MA+A*-A+ 2*)CA,1-/N!
The contractor sha at hs own expense, conform to a ant-maara
nstructons gven to hm by the Engneer-n-Charge ncudng the ng up of
any borrow pts whch may have been dug by hm.
<<. The above rues sha be ncorporated n the contracts and n notces
nvtng tenders
and sha form an ntegra part of the contract.
<2. AM)N.M)N1!
Government may, from tme to tme, add to or amend these rues and
ssue drectons t may consder necessary for the purpose of removng
any dmcuty
whch may arse n the admnstraton thereof.
C.2.3... ContratorCs +a'o"r *eg"lations
<. !H/*1 1-1+)
These reguatons may be caed the C.P.W.D./PWD (DA) Contractors
Labour Reguatons.
2. .)#-N-1-/N!
3or7man means any person empoyed by C.P.W.D./PWD (DA) or ts
contractor drecty or ndrecty through a subcontractor wth or
wthout the knowedge of the Centra Pubc Works Department/PWD
(DA) to do any sked, semsked or unsked manua, supervsory,
technca or cerca work for hre or reward, whether the terms of
empoyment are expressed or mped but does not ncude any
person:
a) Who s empoyed many n a managera or admnstratve
capacty: or
b) Who, beng empoyed n a supervsory capacty draws wages
exceedng ve hundred rupees per mensem or exercses ether
by the nature of the dutes attached to the omce or by reason of
powers vested n hm, functons many of managera nature: or
c) Who s an out worker, that s to say, person to whom any artce
or materas are gven out by or on behaf of the prncpa
empoyers to be made up ceaned, washed, atered, ornamenta
nshed, repared adopted or otherwse processed for sae for
the purpose of the trade or busness of the prncpa empoyers
and the process s to be carred out ether n the home of the out
worker or n some other premses, not beng premses under the
contro and management of the prncpa empoyer.
No person beow the age of 14 years sha be empoyed to act as
a workman.
) #air wages means wages whether for tme or pece work xed and
noted under the provsons of the Mnmum Wages Act from tme to tme.
) Contrators sha ncude every person who undertakes to produce a
gven resut other than a mere suppy of goods or artces of manufacture
through contract abour or who suppes contract abour for any work and
ncudes a subcontractor.
v) 3ages sha have the same meanng as dened n the Payment of
Wages Act
) Normay workng hours of an adut empoyee shoud not exceed 9 hours a
day. . The workng day sha be so arranged that ncusve of nterva for rest,
f any, t sha not spread over more than 12 hours on any day.
) When an adut worker s made to work for more than 9 hours on any day
or for more than 48 hours n any week, he sha be pad over tme for the
extra hours put n by hm at doube the ordnary rate of wages.
) a) Every worker sha be gven a weeky hoday normay on a Sunday, n
accordance wth the provsons of the Mnmum Wages (Centra) Rues 1960
as amended from tme to tme rrespectve of whether such worker s
governed by the Mnmum Wages Act or not.
b) Where the mnmum wages prescrbed by the Government under the
Mnmum Wages Act are not ncusve of the wages for the weeky day of
rest, the worker sha be entted to rest day wages at the rate appcabe to
the next precedng day, provded he has worked under the same contractor
for a contnuous perod of not ess than 6 days.
c) Where a contractor s permtted by the Engneer-n-Charge to aow a
worker to work on a norma weeky hoday, he sha grant a substtuted
hoday to hm for the whoe day on one of the ve days mmedatey before
or after the norma weeky hoday and pay wages to such worker for the
work performed on the norma weeky hoday at overtme rate.
>. .-!2+AK /# N/1-C) *)GA*.-NG 3AG)! )1C.
The contractor sha before he commences hs work on contract,
dspay and correcty mantan and contnue to dspay and correcty
mantan n a cear and egbe condton n conspcuous paces on the
work, notces n Engsh and n the oca Indan anguages spoken by
the ma|orty of the workers gvng the mnmum rates of wages xed
under Mnmum Wages Act, the actua wages beng pad, the hours of
work for whch such wage are earned wages perods, dated of
payments of wages and other reevant nformaton as per Appendx
III.
?. 2AKM)N1 /# 3AG)!
i) The contractor sha x wage perods n respect of whch wages
sha be payabe.
ii) No wage perod sha exceed one month.
iii) The wages of every person empoyed as contract abour n an
estabshment or by a contractor where ess than one thousand
such persons are empoyed sha be pad before the expry of
seventh day and n other cases before the expry of tenth day
after the ast day of the wage perod n respect of whch the
wages are payabe.
iv) Where the empoyment of any worker s termnated by or on
behaf of the contractor the waged earned by hm sha be pad
before the expry of the second workng day from the date on
whch hs empoyment s termnated.
v) A payment of wages sha be made on a workng day at the
work premses and durng the workng tme and on a date
noted n advance and n case the work s competed before the
expry of the wage perod, na payment sha be made wthn 48
hours of the ast workng day.
vi) Wages due to every worker sha be pad to hm drect or to other
person authorsed by hm n ths behaf.
vii) A wages sha be pad n current con or currency or n both.
v) Wages sha be pad wthout any deductons of any knd except
those speced by the Centra Government by genera or speca
order n ths behaf or permssbe under the Payment of Wages
Act 1956.
x) A notce showng the wages perod and the pace and tme of
dsbursement of wages sha be dspayed at the pace of work
and a copy sent by the contractor to the Engneer-n-Charge
under acknowedgment.
x) It sha be the duty of the contractor to ensure the dsbursement
of wages n the presence of the |unor Engneer or any other
authorsed representatve of the Engneer-n-Charge who w be
requred to be present at the pace and tme of dsbursement of
wages by the contractor to workmen.
x) The contractor sha obtan from the |unor Engneer or any other
authorsed representatve of the Engneer-n-Charge as the case
may be, a certcate under hs sgnature at the end of the
entres n the "Regster of Wages" or the "Wage-cum-Muster Ro"
as the case may be n the foowng form:
................"Certed that the amount shown n coumn No has been pad to
the workman concerned n my presence on..at................"
@. #-N)! AN. .).,C1-/N! 3H-CH MAK %) MA.) #*/M 3AG)!
() The wages of a worker sha be pad to hm wthout any deducton of
any knd except the foowng:
(a) Fnes
(b) Deductons for absence from duty Le. from the pace or the paces
where by the terms of hs empoyment he s requred to work. The
amount of deducton sha be n proporton to the perod for whch he
was absent.
(c) Deducton for damage to or oss of goods expressy entrusted to the
empoyed person for custody, or for oss of money or any other
deducton whch he s requred to account, where such damage or oss
s drecty attrbutabe to hs negect or defaut.
(d) Deducton for recovery of advances or for ad|ustment of overpayment
of wages, advances granted sha be entered n a regster.
(e) Any other deducton whch the Centra Government may from tme to
tme aow.
() No nes shoud be mposed on any worker save n respect of such acts
and omssons on hs part as have been approved of by the Chef
Labour Commssoner.
() No ne sha be mposed on a worker and no deducton for damage or
oss sha be made from hs wages unt the worker has been gven an
opportunty of showng cause aganst such nes or deductons.
(v) The tota amount of ne whch maybe mposed n anyone wage perod
on a worker sha not exceed an amount equa to three pase n a
rupee of the tota wages, payabe to hm n respect of that wage
perod.
(v) No ne mposed on any worker sha be recovered from hm by
nstament, or after the expry of sxty days from the date on whch t
was mposed.
(v) Every ne sha be deemed to have been mposed on the day of the
act or omsson n respect of whch t was mposed.
+A%/,* *)C/*.!
() The contractor sha mantan a *egister of persons emplo8ed on
work on contract n Form XIII of the CL (R&A) Centra Rues 1971
(Appendx IV)
() The contractor sha mantan a M"ster *oll regster n respect of a
workmen empoyed by hm on the work under Contract n Form XVI of
the CL (R&A) Rues 1971 (Appendx V).
() The contractor sha mantan a 3age *egister n respect of a
workmen empoyed by hm on the work under contract n Form XVII of
the CL (R&A) Rues 1971 (Appendx VI)
(v) *egister of aident - The contractor sha mantan a regster of
accdents n such form as may be convenent at the work pace but the
same sha ncude the foowng partcuars:
a. Fu partcuars of the abourers who met wth accdent.
b. Rate of Wages.
c. Sex
d. Age
e. Nature of accdent and cause of accdent.
f. Tme and date of accdent.
g. Date and tme when admtted n Hospta,
h. Date of dscharge from the Hospta.
. Perod of treatment and resut of treatment.
|. Percentage of oss of earnng capacty and dsabty as assessed by
Medca Omcer.
k. Cam requred to be pad under Workmen's Compensaton Act.
. Date of payment of compensaton.
m. Amount pad wth detas of the person to whom the same was pad
n. Authorty by whom the compensaton was assessed.
o. Remarks.
v) The contractor sha mantan a *egister of #ines n the Form XII of the
CL (R&A) Rues 1971 (Appendx-XI)
The contractor sha dspay n a good condton and n a conspcuous pace
of whch nes can be mposed (Appendx-X)
v) The contractor sha mantan a register of ded"tions for damage or
loss n Form XX of the CL(R&A) Rues 1971 (Appendx-XII)
v) The contractor sha mantan a register of ad(anes n Form XXIII of
the CL (R&A) Rues 1971 (Appendx-XIII)
vI) The contractor sha mantan a register of /(ertime n Form XXIII of
the CL (R&A) Rues 1971 (Appendx-XIV)
8. A11)N.ANC) CA*.-C,M-3AG) !+-2
) The contractor sha ssue an Attendance card-cum-wage sp to each
workman empoyed by hm n the specmen form at (Appendx-VII)
) The card sha be vad for each wage perod.
) The contractor sha mark the attendance of each workman on the
card twce each day, once at the commencement of the day and agan
after the rest nterva, before he actuay starts work.
v) The card sha reman n possesson of the worker durng the wage
perod under reference.
v) The contractor sha compete the wage sp porton on the reverse of
the card at east a day pror to the dsbursement of wages n respect of
the wage perod under reference.
v) The contractor sha obtan the sgnature or thumb mpresson of the
worker on the wage sp at the tme of dsbursement of wages and
retan the card wth hmsef.
B. )M2+/KM)N1 CA*.
The contractor sha ssue an Empoyment Card n Form XIV of the CL
(R&A) Centra Rues 1971 to each worker wthn three days of the
empoyment of the worker (Appendx-VIII)
<0. !)*0-C) C)*1-#-CA1)
On termnaton of empoyment for any reason whatsoever the
contractor sha ssue to the workman whose servces have been
termnated, a !er(ie erti9ate n Form XV of the CL (R&A) Centra
Rues 1971 (Appendx-IX)
<<. 2*)!)*0A1-/N /# +A%/,* *)C/*.!
A records requred to be mantaned under reguatons Nos. 6 & 7
sha be preserved n orgna for a perod of three years from the date
of ast entres made n them and sha be made avaabe for nspecton
by the Engneer-n-Charge or Labour Omcer or any other omcers
authorsed by the Mnstry of Urban Deveopment n ths behaf.
<2. 2/3)* /# +A%/,* /##-C)* 1/ MA4) -N0)!1-GA1-/N! /*
)NG,-*K
The Labour Omcer or any person authorze by Centra Government on
ther behaf sha have power to make enqures wth a vew to
ascertanng and enforcng due and proper observance of Far Wage
Causes and the Provsons of these Reguatons. He sha nvestgate
nto any compant regardng the defaut made by the contractor or
subcontractor n regard to such provson.
<=. *)2/*1 /# +A%/,* /##-C)*
The Labour Omcer of other persons authorsed as aforesad sha
submt a report resut of hs nvestgaton or enqury to the Executve
Engneer concerned ndcatng the extent, f any, to whch the defaut
has been commtted wth a note that necessary deductons from the
contractors b be made and the wages and other dues be pad to the
abourers concerned. In case an appea s made by the contractor
under Cause 13 of these reguatons, actua payment to abourers w
be made by the Executve Engneer after the Superntendng Engneer
has gven hs decson on such appea.
The Executve Engneer sha arrange payments to the abour
concerned wthn 45days from the recept of the report form the
Labour Omcer or the Superntendng Engneer as the case may be.
<>. A22)A+ AGA-N!1 1H) .)C-!-/N /# +A%/,* /##-C)*
Any person aggreved by the decson and recommendatons of the
Labour Omcer or other person so authorsed may appea aganst such
decson to the Superntendng Engneer concerned wthn 30 days
from the date of decson, forwardng smutaneousy a copy of hs
appea to the Executve Engneer concerned but sub|ect to such
appea, the decson of the omcer sha be na and bndng upon the
contractor.
<?. 2*/H-%-1-/N *)GA*.-NG *)2*)!)N1A1-/N 1H*/,GH +A3K)*
) A workman sha be entted to be represented n any nvestgaton or
enqury under these reguatons by:
a) An omcer of a regstered trade unon of whch he s a
member.
b) An omcer of a federaton of trade unons to whch the trade unon
referred to n cause (a) s amated.
c) Where the empoyer s not a member of any regstered trade unon,
by an omcer of a regstered trade unon, connected wth the
ndustry n whch the worker s empoyed or by any other workman
empoyed n the ndustry n whch the worker s empoyed.
) An empoyer sha be entted to be represented n any nvestgaton or
enqury under these reguatons by :
a) An omcer of an assocaton of empoyers of whch he s a member.
b) An omcer of a federaton of assocatons of empoyers to whch
assocaton
referred to n cause (a) s amated.
c) Where the empoyers s not a member of any assocaton of
empoyers, by an omcer of assocaton of empoyer connected wth the
ndustry n whch the empoyer s engaged or by any other empoyer,
engaged n the ndustry n whch the empoyer s engaged.
() No party sha be entted to be resented by a ega practtoner n any
nvestgaton or enqury under these reguatons.
<@. -N!2)C1-/N /# %//4! AN. !+-2!
The contractor sha aow nspecton of a the prescrbed abour
records to any of hs workers or to hs agent at a convenent tme and pace
after due notce s receved or to the Labour Omcer or any other person,
authorsed by the Centra Government on hs behaf.
<7. !,%M-!!-/N! /# *)1,*N!
The contractor sha submt perodca returns as may be speced
from tme to tme.
<8. AM)N.M)N1!
The Centra Government may from tme to tme add to or amend the
reguatons and on any queston as to the appcaton/Interpretaton or
ehect of those reguatons the decson of the Superntendng Engneer
concerned sha be na.
*)G-!1)* /# MA1)*N-1K %)N)#-1! (Cla"se <B #)
Name and address of the contractor...................................................
Name and ocaton of the work............................................................
Name of the Father's/ Nature of Perod of Date on whch
notce of
empoyee husband's name empoyment actua
connement gven
empoyment
1 2 3 4 5
Date of devery / In case of devery In case of mscarrage
Mscarrage Commenced Ended Commenced
Ended
6 7 8 9 10
In case of devery In case of mscarrage
Remarks
Rate of eave pay Amount pad Rate of eave pay Amount pad
11 12 13 14 15
!2)C-M)N #/*M /# 1H) *)G-!1)*& *)GA*.-NG
MA1)*N-1K %)N)#-1 A.M-!!-%+) 1/ 1H) C/N1*AC1/*C! +A%/,* -N
C)N1*A+ 2,%+-C 3/*4! .)2A*1M)N1 3/*4!
Name and address of the
contractor..........................................................................................................
.
Name and ocaton of the work
Name of the woman and her husband's name.
Desgnaton.
Date of appontment.
Date wth months and years whch she s empoyed
Date of dscharge/dsmssa, If any.
Date of producton of certcates n respect of pregnancy
Date on whch the woman nforms about the expected devery
Date of devery/mscarrage/death
Date of producton of certcate n respect of devery/mscarrage.
Date wth the amount of maternty/death benet pad n advance of
expected devery.
Date wth amount of subsequent payment of maternty benet.
Name of the person nomnated by the woman to receve the payment of the
maternty
benet after her death.
If the woman des, the date of her death, the name of the person to whom
maternty benet amount was pad, the month thereof and the date of
payment.
Sgnature of the contractor authentcatng entres n the regster.
Remarks coumn for the use of Inspectng Omcer.
+a'o"r %oard
....
Name of work
Name of Contractor
Address of Contractor
Name and address of C.P.W.D. Dvson
Name of C.P.W.D. Labour Omcer
Address of C.P.W.O. Labour Omcer
Name of Labour Enforcement Omcer -
Address of Labour Enforcement Omcer
No. Category Mnmum Wage xed Actua wage pad Number present
Remarks
Weeky hoday
Wage perod
Date of payment of wages
Workng hours
Rest nterva
Name and address of contractor
Name and address of estabshment under whch contract s carred on
Nature and ocaton of work
Name and address of Prncpa Empoyer
BY
Nature of
Name and address of contractor
Name and address of estabshment under whch contract s carred on
Nature and ocaton of work
Name and address of Prncpa Empoyer.
No Name of Workman Sex Fathers/Husbands name Dates
Remarks
Name and address of contractor
Name and address of estabshment under whch contract s carred on
Nature and ocaton of work
Wage Card NOW age Card
Name and address of contractor Date of Issue
Name and ocaton of work
Desgnaton
Name of workman
Rate of Wages
Mornng
Receved from
Rem
arks
2
9
30
31
c:x
Rate