APPLICATION FOR PARTICIPATION OF TENDER IN BSNL by xiuliliaofz

VIEWS: 19 PAGES: 108

									                   APPLICATION FOR PARTICIPATION OF TENDER IN
                    BSNL ELECTRICAL SUB-DIVISION, VISAKHAPATNAM.


To
        THE SUB-DIVISIONAL ENGINEER (E),
        BSNL ELECTRICAL SUB-DIVISION,
        Gr. FLOOR, (Adjacent to CANTEEN Building),
        TELEPHONE EXCHANGE BUILDING COMPOUND,
        VELAMPETA,
        VISAKHAPATNAM - 530001

Sub: Submission of application for the work: Replacement of 10nos window AC units with split AC
units in various cell sites in VM SSA(Urban). SH: SITC of 2nos split AC units in Cell BTS at MVP Teja
Towers
Ref:    You’re NIT No. 219/BSNL/ED/VSP/11-12

        Sir,

                 I am / we are registered with BSNL Electrical Wing as Class . . . . . . . Contractor (s)
        and our registration number is . . . . . ... It is certified that as on date the said registration is
        valid up-to...

     a) I am / we are registered contractor (s) with the. . . . . . . . . also particulars of the authority and
        class and the limit of amount up to which I am / we are eligible to tender are furnished below:

               AUTHORITY                        CLASS                   TENDERING LIMIT




     b) It is certified that this / these registration (s) is / are valid as on date and I / we shall inform the
        department myself/our-self as soon as my/our registration expires or is canceled/ revoked.

     c) The particulars of work done are enclosed and the following 3(three) nos. of work completion
        certificates are submitted with respect to this N.I.T. in order to establish my/our eligibility for
        participation in tender.

         Sl.        Name of work         Amount of work      Date of         Issuing authority
         No.                                 done           completion




                                                                                                                   1
        CONTRACTOR                            SDE(E)                                EE(E)
    d) The list of works in hand (progress) with me / us in the format is given below (use separate
       sheet if required):

              Name of work                  Name & particulars of      Value of   Position of     Remarks
                                            division where work is      work        work in
                                               being executed.                     progress




    e) The current Bank Solvency Certificate (from Schedule Bank) as per registration certificate is
       enclosed herewith.

    f)   The attested copy of the partnership deed is enclosed herewith.

    g) The declaration as required to be given by the tenderer in respect of Para ' 19 ‘PWD - 6 is also
       enclosed in the required format (… no).

    h) I / We will produce the original documents of all the attested copies submitted herewith
       whenever required by the department.

    i)   I am / we are enclosing . . . . . . . number of sheets including attested copies of documents
         listed above along-with my/our application.

    j)   I / We request that permission may be granted to me/us for participating in the tender.



                                                                                                      Yours faithfully,
Dated: ……………


                                                                                                    (CONTRACTOR)
                                                                                                (SIGN. WITH SEAL)

PHONE NOS.: . . . . . . . . . . . . . . .                   NAME:        ....................

E-MAIL          . . . . . . . . . . . . . .. .                      ADDRESS:      .....           .      .     .      .




                                                                                                                          2
         CONTRACTOR                                SDE(E)                                 EE(E)
                                         DECLARATION


(TO BE GIVEN BY THE TENDERER REGARDING RELATIVES AS PER PARA ‘19’ OF PWD – 6. THIS SHALL
                             BECOME A PART OF AGREEMENT)



Name of Work:




       I,____________________________________________________________s/o Sri resident of
_______________________________________________________________ __hereby certify that
none of my relative(s) as defined in Para ‘19’ of PWD – 6 )is / are employed in BSNL Electrical Zone,
Andhra Pradesh.




       In case at any stage, it is found that the information given by me is false / incorrect, BSNL shall
have the absolute right to take any action as deemed fit without any prior intimation to me.




 DATED: ………………….
                                                                         (CONTRACTOR)
                                                                       *(SIGN WITH SEAL)




* - To be signed & submitted as detailed in para ‘19’ of   PWD – 6.
   (The certificate in case of Proprietorship Firm shall be given by the proprietor; for Partnership Firm
   certificate shall be given by all partners and in case of Limited Company, by all Directors of the
   company.)




                                                                                                             3
       CONTRACTOR                          SDE(E)                              EE(E)
                                              BHARAT SANCHAR NIGAM LIMITED
                                                   ( A GOVERNMENT OF INDIA ENTERPRISES )
                                      O/O the Sub Divisional Engineer (E) BSNL Electrical Sub Division,
                                   Gr. FLOOR, ADJACENT TO CANTEEN, TELEPHONE EXCHANGE BUILDING
BHARAT SANCHAR NIGAM LIMITED.                  COMPOUND, VELAMPETA, VISAKHAPATNAM.
                                                          Phone: 0891-2544 342.


Lr. No: 23 (1) / BSNL / ESDV/11-12 / 351                                             Dated: 27 .10 .11



                       NOTICE INVITING TENDER–No.219/ BSNL/ED/VSP/2011-12

            The Sub Divisional Engineer (E) BSNL Electrical Sub Division, Gr. FLOOR, ADJACENT TO CANTEEN,
TELEPHONE EXCHANGE BUILDING COMPOUND, VELAMPETA, VISAKHAPATNAM, invites sealed item rate tenders on
behalf of the Chairman, BSNL for the work : Replacement of 10nos window AC units with split AC units in
various cell sites in VM SSA(Urban). SH: SITC of 2nos split AC units in Cell BTS at MVP Teja Towers
from the enlisted contractors of BSNL of appropriate class.

        A            Estimated Cost:                       Rs.24385-00
        B            Earnest Money                         Rs. 488.00
        C            Last date of sale of tender           07/11/2011 up to 16.00Hours.
        D            Last date of receipt of tender:       09/11/2011 up to 15.00Hours
        E            Date of opening the tender            09/11/2011 at 15.30Hours.
        F            Tender Fee:                           Rs172.00 (Non-Refundable)
        G            Time for Completion                   Two months
       H             Validity of the Tender                90 days


            The Contractor shall submit and confirm
     1. Valid “ Charted Accountant certificate “, Valid Electrical License and Registration Certificate with
            attested copies as applicable along with application on their printed letter heads for purchase of Tender.
     2. List of works completed of the requisite magnitude along with attested copies of certificate, testimonials of
            their satisfactory completion from the Department concerned obtained from an Officer not below the rank
            of Executive Engineer.
     3. The tenderer shall submit the tenders in 2 sealed covers marked as 1st and 2nd. Both cover should be

            separate and they should not be enclosed in a common 3rd cover. The first cover should contain the
            earnest money deposit in the shape of Demand Draft / Bank Guarantee / Pay Order of a schedule Bank of
            Nationalized Bank / State Bank guaranteed by Reserve Bank of India drawn in favour of Accounts Officer
            (Electrical), BSNL Electrical Division, VISAKHAPATNAM and the second cover should contain the

            tender documents. In case 1st cover is not annexed or Earnest Money is not in proper form, the 2nd cover
            containing tenders will not be opened at all. In case holiday is declared on the opening day, the tenders
            will be opened on the next working day.
     4. The blank application form & blank tender document (with conditions, schedule etc complete)
            can be downloaded from the website www.ap.bsnl.co.in The tenderer who submit the tender after
            down loading from website have to submit eligibility conditions & tender fee in the shape of Demand Draft
            / Bank Guarantee / Pay Order of a Schedule Bank of Nationalized Bank / Bank guaranteed by Reserve

                                                                                                                         4
            CONTRACTOR                              SDE(E)                                  EE(E)
        Bank of India in        favour of the Accounts Officer (Electrical),             BSNL Electrical Division,
        VISAKHAPATNAM in a separate envelope superscripted as “Tender Fee & eligibility conditions”.
        Other envelopes are marked as 1st & 2nd as above. During tender opening envelopes of tender fee &
        eligibility condition will be opened first, if tender fee is not in order or agency does not fulfill eligibility
        conditions as per NIT, envelope super scribed as 1 & 2 will not be opened at all. Tender Fee once
        submitted will not be refunded.
    5. Eligibility of agency shall be checked only on the basis of documents given in Envelope “Tender Fee &
    Eligibility Conditions.” No additional document will be entertained during tender opening.
                     The tenderers who do not want to download from Web site can also obtain the conditions and
        tender documents from the office of Sub Divisional Engineer (E) BSNL Electrical Sub Division, Gr. FLOOR,
        ADJACENT     TO    CANTEEN       BLOCK,   TELEPHONE     EXCHANGE      BUILDING     COMPOUND,       VELAMPETA,
        VISAKHAPATNAM, up to 16.00 Hrs. on or before 07.11.2011 on all working days on payment of Rs.172/-
        (non-refundable) per set by Cash / DD drawn in favor of Accounts Officer (Electrical), BSNL Electrical
        Division, VISAKHAPATNAM.
    6. INSTRUCTIONS FOR TENDERERS USING DOWNLOADED TENDER DOCUMENT FROM WEB: The
        down-loaded “tender document” in which rates are quoted should be properly bound and sealed. The
        loose / spiral bound tenders shall be rejected out-rightly. In case of any correction / addition / alteration /
        omission in the tender document, it shall be treated as non-responsive and shall be rejected. Every page
        of down-loaded tender shall be signed by tenderer with stamp (seal). The tenderer shall furnish a
        declaration to this effect that no addition/ deletion/corrections have been made in the tender document
        submitted and it is identical to the tender document appearing on Web-site etc. The printout should be
        taken on suitable paper only.        The tenderer should also carefully read the important instructions to
        tenderers who have down loaded the tender document from web given in page ‘4’ of the tender document
        before submitting the tenders.
                              The tenders received through POST / COURIER shall not be entertained.
Conditional Tenders or Tenders with conditional rebate shall be summarily rejected.
Note: 1)The conditional tender shall be summarily rejected.
       2)The company or the firm or any other person is not permitted to tender for works in BSNL unit in which
his near relative (s) is (are) posted.
       3)The tender documents shall not be sent through courier/post. The tender documents received through
courier/ post shall not be opened / considered at all.
                                                                                SUB DIVISIONAL- ENGINEER (E),
Copy to:1. The General Manager, BSNL Telecom District, VISAKHAPATNAM
2. SE (E), BSNL Electrical Circle, Vijayawada / Hyderabad Through “e-mail”.
3. EE (E), BSNL ED, HYD-I / HYD-II / ATP / WAL / VJA / Tirupathi Through “e-mail”
4. AO (E), BSNL Electrical Division, VISAKHAPATNAM.
5. SDE (E), BSNL ESD, VIZIANAGARAM / RAJAHMUNDRY Through “e-mail”
6. Notice Board.
7. Web site www.ap.bsnl.co.in
                                                             SUB DIVISIONAL ENGINEER (E).
                                                           BSNL ELECTRICAL SUB-DIVISION,
                                                                 VISAKHAPATNAM.



                                                                                                                           5
        CONTRACTOR                                SDE(E)                                  EE(E)
                   TENDER               DOCUMENT

                                       FOR

                        THE WORK OF--------


             Replacement of 10nos window AC units with split AC units in various cell
   Sites in VM SSA(Urban). SH: SITC of 2nos split AC units in Cell BTS at
                         MVP Teja Towers




                         SUB DIVISIONAL – ENGINEER (E),
                         BSNL ELECTRICAL SUB- DIVISION
                                          VISAKHAPATNAM




                                                                                        6
CONTRACTOR                       SDE(E)                              EE(E)
NAME OF TENDERER:

Address:

NAME OF WORK           : Replacement of 10nos window AC units with split AC units in various cell sites
in VM SSA(Urban). SH: SITC of 2nos split AC units in Cell BTS at MVP Teja Towers

                                      INDEX

    SL.                                                                           PAGES
                                         DETAILS
    NO.                                                                        FROM    TO
      1) Application for participation of tender.                                1      2
         Declaration (To be given by the tenderer regarding relatives as per
      2)                                                                         3      3
         para-19 of CPWD – 6.
      3) SHORT NOTICE INVITING TENDER–No.11/2005–2006.                           4      5
      4) Cover Page of Tender document.                                          6      6

      5) Index                                                                   7      7
      6) Important   instructions   to   all tenderers                           8      8
         Important instructions to tenderers who have downloaded the
      7)                                                                         9      9
         tender document from web
         Declaration (To be given by the tenderers who have downloaded
      8)                                                                        10     10
         the tender document from the web)
      9) PWD-6                                                                  11     14

      10)Proforma of Schedules                                                  15     17

      11)General Rules and Conditions                                           18     22

      12)Conditions of Contract                                                 23     27

      13)Important Note for Contractors                                         28     29

      14)Model Form for Bank Guarantee                                          30     30

      15)Schedule of Quantities                                                 31     33
         Item Rate tender and conditions of contract (Form CPWD 8) along
      16)                                                                       34     108
         with amendments.

       This N.I.T. / agreement contains (Pages 108 only) pages marked as 7 to 108


                                                         SUB DIVISIONAL – ENGINEER (E),
                                                          BSNL ELECTRICAL SUB- DIVISION
                                                                      VISAKHAPATNAM.




                                                                                                          7
       CONTRACTOR                           SDE(E)                             EE(E)
                         IMPORTANT      INSTRUCTIONS       TO   ALL TENDERERS

          All tenderer should read the following important instructions carefully before actually quoting
rates:-

01.  The tenderers should be read carefully & understand all the Conditions for the contract,
Schedule of quantity etc attached with the tender document before actually quoting for the work.

02.    The tenderers who have downloaded the tender document from the web should read the
important instructions & declaration given in pages ‘3’ to ‘6’ carefully before submitting the tenders.

03.    Earnest Money & tender shall be placed in separate sealed covers marked “EMD’ & “TENDERS”
respectively. The EMD cover shall be attached to the main sealed cover containing the tender
documents. The tenders of Tenderers who do not enclose the EMD in a separate cover or if the EMD is
not appropriate form for encashment, tender shall not be considered for opening and will be rejected.

04.    Any tender in which any of the prescribed conditions is not fulfilled or any conditions including
that of conditional rebates is put forth by the tenderer shall be summarily rejected. However any
unconditional rebate offered before the opening of the tenders shall be considered.

05.    Near relatives of the BSNL employees shall not be permitted to tender and all the intending
tenderers will have to give a certificate that none of his / her near relatives as defined in Para 14 of
BSNL W-6 in the format enclosed.

06.    The rates quoted shall include all taxes, royalty, signiorage charges that are applicable from
time to time as per statutory rules of State / Central Government.

07.     The rates shall invariably be written in figures and words and amount for each item worked out
and filled in the schedule. All corrections made while filling shall be signed and seal affixed.




             CONTRACTOR                                     SUB DIVISIONAL – ENGINEER (E),
                                                             BSNL ELECTRICAL SUB- DIVISION
                                                                 VISAKHAPATNAM




                                                                                                            8
          CONTRACTOR                        SDE(E)                             EE(E)
    IMPORTANT       INSTRUCTIONS TO TENDERERS WHO HAVE DOWNLOADED THE TENDER
                                  DOCUMENT FROM WEB

      The tenderers who have down loaded the tenders from the web, should read the following
important instructions carefully before actually quoting the rates & submitting the tender documents:-

   1. The tenderer should see carefully & ensure that the complete tender document including
      schedule of quantity as per the index given on page ‘2’ has been down loaded & there are
      _____________ (__________) pages in all in the tender document.

   2. The printout of tender document should be taken on A4 size paper only & the printer

   3. Settings etc are such that document is printed as appearing in the web & there is no Change in
      formatting, number of pages etc.

   4. The tenderer should ensure that no page in the down loaded tender document is missing.

   5.    The tenderer should ensure that all pages in the down loaded tender document are legible &
        clear & are printed on a good quality paper.

   6. The tenderer should ensure that every page of the down-loaded tender document is signed by
      tenderer with stamp (seal).

   7. On page ‘2’ of the down loaded tender document, the name of the tenderer should be filled by
      the tenderer.

   8. The tenderer should ensure that the down loaded tender document is properly bound and
      sealed before submitting the same.

   9. The loose / spiral bound tenders, not properly sealed shall be rejected out-rightly.

   10. In case of any correction/addition/alteration/omission in the tender document, it shall be treated
       as non-responsive and shall be rejected.

   11. The tenderer shall furnish a declaration to this effect that no addition/ deletion/corrections have
       been made in the tender document submitted and it is identical to the tender document
       appearing on Web-site.

   12. The tenderer should read carefully & sign the declaration given on the next page before
       submitting the tender.

   13. The cost of tender should be submitted as detailed in NIT.

   14. In case of any doubt in the down loaded tender, the same should be got clarified from the
       O/O.SUB DIVISIONAL ENGINEER (ELECTRICAL), BSNL ELECTRICAL SUB-DIVISION,
       VISAKHAPATNAM (Tel.No. 0891 2544342) before submitting the tender.


                                                                       CONTRACTOR




                                                                                                             9
        CONTRACTOR                         SDE(E)                              EE(E)
                                           DECLARATION

     (To be given by the tenderers who have downloaded the tender document from the web)

It is to certify that

1)      I / We have submitted the tenders in the proforma as downloaded directly from the website
        & there is no change in formatting, number of pages etc.

2)      I/ We have submitted tender documents which are same / identical as available in the
        website.

3)      I / We have not made any modification / corrections / additions etc in the tender
        documents downloaded from web by me / us.

4)      I / We have checked that no page is missing and all pages as per the index are available &
        that all pages of tender document submitted by us are clear & legible.

5)      I / We have signed (with stamp) all the pages of the tender document before submitting the
        same.

6)      I / We have sealed the tender documents properly before submitting the same.

7)      I / We have submitted the cost of tender along with EMD.

8)      I have read carefully & understood the important instructions to the all tenderers & to tenderers
        who have down loaded the tenders from the web.

9)      In case at any stage later, it is found there is difference in our downloaded tender documents
        from the original, BSNL shall have the absolute right to take any action as deemed fit without
        any prior intimation to me / us.

10)     In case at any stage later, it is found there is difference in our downloaded tender documents
        from the original, the tender / work will be cancelled and Earnest Money/ Security Deposit will
        be forfeited at any stage whenever it is so noticed. The department will not pay any damages to
        me / us on this account.

11)     In case at any stage later, it is found there is difference in our downloaded tender documents
        from the original, I / We may also be debarred for further participation in the tender in the
        concerned BSNL Electrical Zone & would also render me / us liable to be removed from the
        approved list of contractors of the Department.


Dated ………………………

                                                                        (CONTRACTOR)
                                                                           (SIGN WITH SEAL)




                                                                                                            10
        CONTRACTOR                         SDE(E)                              EE(E)
                                        BHARAT SANCHAR NIGAM LIMITED
                                     (A GOVERNMENT OF INDIA ENTERPRISE)

                                             NOTICE INVITING TENDERS

       Note: - (i) For corrections on the Form C.P.W.D 6, kindly refer English version only.
             (ii) In case of ambiguity in Hindi and English version, English version will prevail.

            WORK DETAILS:

 a)      NAME OF WORK: Replacement of 10nos window AC units with split AC units in
         various cell sites in VM SSA(Urban). SH: SITC of 2nos split AC units in Cell BTS at
         MVP Teja Towers

 b)      DIVISION: - BSNL ELECTRICAL DIVISION, VISAKHAPATNAM

 c)      ESTIMATED COST: - Rs.24385/-.

 d)      EMD: - Rs.488/-

 e)      Time: two months.

  f)     SD: - 5 % of the tendered value of the work.

 g)      PERFORMANCE GUARANTEE: 5 % of the tendered value of the work.

 h)      COST OF TENDER DOCUMENT: -172.00 (Non-refundable).



1.1 The work is estimated to cost Rs 24385/-. This estimate, however, is given merely as a rough
guide.
1.2 Tenders will be issued to eligible contractors satisfying under mentioned eligibility condition.

Eligibility Criteria: -

A) Financial Norms:

The contractors who are enlisted contractors of BSNL of appropriate class.


B) Physical Norms:
1a).Valid “ Charted Accountant certificate “, Valid Electrical License and Registration Certificate
with attested copies as applicable along with application on their printed letter heads for purchase of
Tender.

1b). List of works completed of the requisite magnitude along with attested copies of certificate,
testimonials of their satisfactory completion from the Department concerned obtained from an Officer not
below the rank of Executive Engineer.

2. Agreement shall be drawn with the successful tenderer on prescribed Form No. CPWD 8, which is
available as Government of India Publication and for down load along with this tender document.
Tenderer shall quote his rates as per various terms and conditions of the said form, which will form part
of the agreement.

3. The time allowed for carrying out the work will be 2months indicated in the tender documents.


                                                                                                            11
         CONTRACTOR                            SDE(E)                               EE(E)
 4 The site for the work shall be made available.

 5        Receipt of applications for issue of forms will be stopped by 1600 Hrs. two days before the date
          fixed for opening of tenders. Issue of tender forms will be stopped two days before the date fixed
          for opening of tenders.

 6     Tender documents consisting of plans, specifications, the schedule of quantities of the various
      classes of works to be done and the set of terms and conditions of contract to be complied with by
      the contractor whose tender may be accepted and other necessary documents can be seen in the
      office of Sub Divisional Engineer (E) BSNL Electrical Sub Division, Gr. FLOOR, ADJACENT TO
      CANTEEN BLOCK, TELEPHONE EXCHANGE BUILDING COMPOUND, VELAMPETA, VISAKHAPATNAM,
      between hours of 11.00 AM and 04.00 P.M. everyday except on Sundays and Public Holidays.
      Tender documents, will be issued from his office, during the hours specified above, on payment of
      Rs.172.00 (Non-refundable) in cash.

(Β)        The tenderer must produce a Chartered Accountants Certificate showing details of Income-tax
           returns duly filed and no dues are outstanding towards Income-tax, certificate before tender
           papers can be sold to him.

8     Tenders, which should always be placed in sealed envelope, with the name of work and due date
      written on the envelopes, will be received by Sub Divisional Engineer (E) BSNL Electrical Sub
      Division,   Gr.   FLOOR,   ADJACENT     TO   CANTEEN   BLOCK,    TELEPHONE    EXCHANGE     BUILDING
      COMPOUND, VELAMPETA, VISAKHAPATNAM, up to 03.00 P.M. On 09.11.2011 and will be opened by
      him or his authorized representative in his office on the same day at 03.30 P.M.


8.1 The tender shall be accompanied by earnest money (unless exempted), of Rs. 488.00 in Receipt
    treasury Challan/ Deposit at Call receipt of a Scheduled Bank/Fixed Deposit Receipt of a Scheduled
    Bank/Demand Draft of a Scheduled Bank/ Bank guarantee in the Department’s attached format and
    manner issued in favour of         Accounts Officer (Electrical),     BSNL Electrical Division
    Visakhapatnam. The Bank guarantee shall be accepted only if it is valid for 120 days or more after
    the date of opening of tenders and is pledged in favour of Accounts Officer (Electrical), BSNL
    Electrical Division Visakhapatnam.

      A contractor exempted from depositing earnest money in individual cases, shall enclose with the
        tender an attested copy of the letter exempting him from depositing earnest money, in a
        manner described for earnest money in condition No. 8.2 below, and shall produce the original
        when called upon to do so.


    8.2    The tender and the earnest money shall be placed in separate sealed envelopes each marked
           'Tender' and 'Earnest Money' respectively. Both the envelopes shall be submitted together in
           another sealed envelope. The envelope marked "Tender” of only those tenderers shall be
           opened; whose earnest money placed in the other envelope is found to be in order.

 9         The description of the work is as follows: -

       Replacement of 10nos window AC units with split AC units in various cell sites in VM SSA(Urban).
      SH: SITC of 2nos split AC units in Cell BTS at MVP Teja Towers

        Copies of other drawings and documents pertaining to the works will be open for inspection by
      the tenderers at the office of the above mentioned officer.

       Tenderers are advised to inspect and examine the site and its surroundings and satisfy
      themselves before submitting their tenders as to the nature of the ground and sub-soil. (so far as
      is practicable), the form and nature of the site, the means of access to the site, the
                                                                                                               12
           CONTRACTOR                          SDE(E)                             EE(E)
     accommodation they may require and in general shall themselves obtain all necessary information
     as to risks, contingencies and other circumstances which may influence or affect their tender. A
     tenderer shall be deemed to have full knowledge of the site whether he inspects it or not and no
     extra charges consequent on any misunderstanding or otherwise shall be allowed. The tenderer
     shall be responsible for arranging and maintaining at his own cost all materials, tools and plants,
     water, electricity access, facilities for workers and all other services required for executing the work
     unless otherwise specifically provided for in the contract documents. Submission of a tender by a
     tenderer implies that he has read this notice and all other contract documents and has made
     himself aware of the scope and specifications of the work to be done and of conditions and rates at
     which stores, tools and plant, etc. will be issued to him by the Government and local conditions
     and other factors having a bearing on the execution, of the work.

10     The competent authority on behalf of the BSNL does not bind himself to accept the
     lowest or any other tender and reserves to himself the authority to reject any or all the
     tenders received without the assignment of any reason. All tenders in which any of the
     prescribed condition is not fulfilled or any condition including that of conditional rebate
     is put forth by the tenderer shall be summarily rejected.

     The Public enterprises that avail benefits of the purchase preference should be subjected to
     adequate penalties for cost overruns etc.

11    Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and the
     tenders submitted by the contractors who resort to canvassing will be liable to rejection.

12 The competent authority on behalf of President of India reserves to himself the right of accepting
   the whole or any part of the tender and the tenderer shall be bound to perform the same at the
   rate quoted.

13 The contractor shall not be permitted to tender for works in the Telecommunication/Postal
   (responsible for award and execution of contracts) in which his near relative is posted as Divisional
   Accountant or as an officer in any capacity between the grades of Superintending Engineer and.
   Junior Engineer (both inclusive). He shall also intimate the names of persons who are working with
   him in any capacity or are subsequently employed by him and who are near relatives to any
   gazetted officer in the BSNL or in the Ministry of Communication. Any breach of this condition by
   the contractor would render him liable to be removed from the approved list of contractors of this
   Department.

14 No Engineer of gazetted rank or other gazetted officer employed in Engineering or Administrative
   duties in an Engineering Department of the Government of India is allowed to work as a contractor
   for a period of two years after his retirement from Government service, without the previous
   permission of the Government of India in writing. This contract is liable to be cancelled if either the
   contractor or any of his employees is found any time to be such a person who had not obtained the
   permission of the Government of India as aforesaid before submission of the tender or
   engagement in the contractor’s service.

15. The tender for the works shall remain open for acceptance for a period of ninety days from the
    date of opening of tenders. If any tenderer withdraws his tender before the said period or makes
    any notifications in the terms and conditions of the tender which are not acceptable to the
    department, then the Government shall, without prejudice to any other right or remedy, be at
    liberty to forfeit 50% of the said earnest money as aforesaid.

16. Rates quoted by the contractor in the tender both in figures and words shall be accurately filled in
    so that there is no discrepancy in the rates written in figures and words. However, if a discrepancy
    is found the rates which correspond with the amount worked out by the contractor shall unless
    otherwise proved be taken as correct. If the amount of an item is not worked out by the
    contractor or it does not correspond with the rates written either in figures or in words then the
    rates quoted by the contractor in words shall be taken as correct. Where the rates quoted by the
                                                                                                                13
       CONTRACTOR                           SDE(E)                                EE(E)
      contractor in figures and in words tally but the amount is not worked out correctly, the rates
      quoted by the contractor will unless otherwise proved be taken as correct and not the amount.

17.    All rates and discounts shall be quoted on the tender form. The amount for each item should be
      worked out and requisite totals given. Special care should be taken to write the rates in figures as
      well as in words and the amount in figures only, in such a way that interpolation is not possible.
      The total amount should be written both in figures and words. In case of figures, the word ‘Rs.’
      Should be written before the figure of rupees and word ‘P’ after the decimal figures, e.g. ‘Rs.2.15 P’
      and in case of words, the word, ‘ Rupees’ should precede and the word ‘Paisa’ should be written at
      the end. Unless the rate is in whole rupees and followed by the word ‘only’ it should invariably be
      upto two decimal places. While quoting the rate in schedule of quantities, the word’ ‘only’ should
      be written closely following the amount and it should not be written in the next line.


18.    Sales-tax, purchase tax, turnover tax, service tax, works contract tax or any other tax or duty like
      octroi, local area development tax on materials / labor etc. in respect of this contract shall be
      payable by the contractor and BSNL will not entertain any claim whatsoever in respect of the same.

19. However, pursuant to the constitution (forty-sixth amendment) act, 1982, if any further tax or levy
    is imposed by statute, after the date of receipt of tenders, and the contractors thereupon
    necessarily and properly pays such taxes/ levies, the contractor shall be reimbursed the amount so
    paid, provided such payment, if any, is not. In the opinion of superintending engineer (whose
    decision shall be final and binding) attributable to delay in execution of work within the control of
    contractor.

20. BSNL shall deduct work contract tax, service tax, income tax and other statutory deductions from
    payments due to the firm as per rules of the state/Central Government. The Accounts Officer of the
    concerned Division shall issue certificates for such deductions to the firm.

21.      This Notice Inviting Tender shall form a part of the contract document. The successful
      tenderer/contractor, on acceptance of his tender by the Accepting Authority, shall, within 15 days
      from the stipulated date of start of the work sign the contract consisting of:-

      a) The notice inviting tender, all the documents including additional conditions, specifications and
      drawings, if any, forming the tender as issued at the time of invitation of tender and acceptance
      thereof together with any correspondence leading thereto.

      b) Standard C.P.W.D. Form 8




                                                    Signature of Divisional Officer/ Sub-Divisional Officer
                                                    …………………………………
                                                    For and on behalf of BSNL




                                                                                                               14
         CONTRACTOR                          SDE(E)                              EE(E)
                                  PROFORMA OF SCHEDULES
              (Operative Schedules to be supplied separately to each intending tenderer)

SCHEDULE 'A'

                Schedule of quantities: Appended from page 31-33

SCHEDULE 'B'
               Schedule of materials to be issued to the contractor.

                                                                Rates in
                                                              figures and
                   Description of                               words at
    Sr. No.                               Quantity             which the        Place of Issue
                       item
                                                             material will
                                                            be charged to
                                                            the contractor
       1                   2                     3                4                   5

                                                      NIL



SCHEDULE 'C'

Tools and plants to be hired to the contractor

    Sr. No.        Description of      Hire charges
                                                            Place of Issue
                       item               per day
       1                   2                     3          4

                                                      NIL



SCHEDULE 'D'

Extra schedule for specific requirements/ document for the work, if any.

   I. Important Note for Contractors: Appended from page 12 to page 15.

   II. Copy of Memo no. 5-1-12-EW/94 dated. 26/9/1996, Annexure – I (model form of Bank
     Guarantee): Appended from page 16 to page 17.

   III. Amendment in CPWD 8: Appended on page 20.


SCHEDULE 'E'

Schedule of component of Cement, Steel and other materials,              NIL
Labor etc. for price escalation.

CLAUSE 10 CC
       Component of Cement expressed             Xc                   _____ %             NA
       as per cent of total value of work
       Component of Steel expressed as           Xs                   _____ %             NA

                                                                                                 15
       CONTRACTOR                          SDE(E)                                EE(E)
        per cent of total value of work
        Component of civil(except cement Xm                        _____ %               NA
        and steel) / Electrical construction
        Materials expressed as per cent
        of total value of work
        Component of Labour expressed        Y                     _____ %
        as per cent of total value of work
SCHEDULE 'F'
Reference to General Conditions of contract.

        Name of work:                              Replacement of 10nos window AC units
                                                   with split AC units in various cell sites in VM
                                                   SSA(Urban). SH: SITC of 2nos split AC
                                                   units in Cell BTS at MVP Teja Towers

        Estimated cost of work:                    Rs 24385-00
        Earnest money :                            Rs 488-00
        Performance Guarantee :                    5% of tendered value of work.
        Security Deposit                           5 % of the tendered value of the work.
        GENERAL RULES and DIRECTIONS:              Officer inviting tender SDE (E), BSNL
                                                   Electrical Sub-Division, VISAKHAPATNAM.
                                                   Maximum percentage for quantity of items
                                                   of work to be executed beyond which rates
                                                   are to be determined in accordance with
                                                   clauses 12.2 and 12.3.
        Definitions:                               See below
        2(v) Engineer-in-Charge                    SDE(E), BSNL ESD,VISAKHAPATNAM OR
                                                   EE (E), BSNL ED, VISAKHAPATNAM.
        2(viii) Accepting Authority                SDE(E), BSNL ESD,VISAKHAPATNAM OR
                                                   EE (E), BSNL ED, VISAKHAPATNAM.
        2(x) Percentage on cost of materials       10% (Ten Percent only)
              and labor to cover all overheads
              and profits.
        2(xi) Standard Schedule of Rates           NA
        2(xii) Department                          BSNL
        9(ii) Standard CPWD contract Form          CPWD Form 8 as modified and corrected up
                                                   to date.
        Clause 1                                   2 weeks
             I)Time allowed for submission of
             Performance Guarantee from the
             date of issue of letter of
             acceptance, in days
        ii) Maximum allowable extension
        beyond the period provided in I) above
        in days
        Clause 2                                   SE (E)
        Authority for fixing compensation under
        Clause 2.
        Clause 2A                                  No
        Whether Clause 2A shall be applicable.
        Clause 5                                   10 days ( TEN DAYS)
                                                                                                     16
      CONTRACTOR                          SDE(E)                                EE(E)
           Number of days from the date of issue
           of letter of acceptance for reckoning
           date of start
           Milestone(s) as per table given below :-

                                     Table of Mile Stone(s)
Sl. No.    Description of                           Time allowed in      Amount to be with-held
           Milestone (Physical)                     days (from date      in case of non
                                                    of start)            achievement of
                                                                         milestone
1                                                     NA
                                                OR
Sl. No.    Financial Progress                                   Time     Amount to be with-held
                                                      allowed            in case of non
                                                                (from    achievement of
                                                      date of            milestone
                                                                start)

              RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION

                    Description of Item               Rates in figures and words at which
SL.                                                   recovery shall be made from the Contractor
No.                                                    Rate in schedule ‘B’ plus 10% in case
                                                          materials issued by Department.
                                                       Excess beyond        Less use beyond
                                                         permissible      permissible variation
                                                          variation
    1      Cement                                           NIL                    NIL
    2      Steel reinforcement                              NIL                    NIL
    3      Structural Sections                              NIL                    NIL
    4      Bitumen issued free                              NIL                    NIL
           Bitumen issued at stipulated                     NIL                    NIL
    5
           fixed price




                                                                                                   17
          CONTRACTOR                        SDE(E)                              EE(E)
                                GENERAL RULES AND DIRECTIONS

1.   All works proposed for execution by contractor will be notified in a form of invitation to tender
     displayed on Notice Board in select BSNL offices and signed by the officer inviting tender or by
     publication in News papers/internet (designated web page) as the case may be.


2.   This form will state the work to be carried out, as well as the date of submitting and opening
     tenders and the time allowed for carrying out the work; also the amount of earnest money to be
     deposited with the tender, and the amount of performance guarantee to be deposited by the
     successful tenderer(s). Copies of the specifications, designs and drawings and any other
     documents required in connection with the work signed for the purpose of identification by the
     Officer inviting tender shall also be open for inspection by the contractor at the office of Officer
     inviting tender during office hours.


3.   Any person who submits a tender shall fill up the usual printed form stating at what rate he is
     willing to undertake each item of the work. Tenders, who propose any alteration in the work
     specified in the said form of invitation to tender, or in the time allowed for carrying out the
     work, or which contain any other condition of any sort, including conditional rebates will be
     summarily rejected. However, tenders with unconditional rebate will be acceptable. No single
     tender shall include more than one work, but contractors who wish to tender for two or more
     works shall submit separate tender for each. Tenders shall have the name and number of the
     works to which they refer written on the envelopes.


     The rates(s) must be quoted in decimal coinage.       Amounts must be quoted in full rupees by
     ignoring fifty praise and considering more than fifty praise as rupee one.


4.   The Officer inviting tender or his duly authorized assistant will open tenders in the presence of
     any intending contractors who may be present at the time, and will enter the amounts of the
     several tenders in a Comparative Statement in a suitable form. In the event of a tender being
     accepted a receipt for the earnest money forwarded therewith shall thereupon be given to the
     contractor who shall thereupon for the purpose of identification sign copies of the specifications
     and other documents mentioned in Rule 1. In the event of a tender being rejected, the earnest
     money forwarded with such unaccepted tender shall thereupon be returned to the contractor
     remitting the same without any interest.


5.   The officer inviting tenders shall have the right of rejecting all or any of the tenders, and, will
     not be bound to accept the lowest or any other tender.


6.   The receipt of an accountant or clerk for any money paid by the contractor will not be
     considered as any acknowledgement of payment to the Officer inviting tender and the

                                                                                                            18
     CONTRACTOR                             SDE(E)                            EE(E)
      contractors shall be responsible for seeing that he procures a receipt signed by the concerned
      Accounts Officer.


7.    The memorandum of work tendered for and the schedule of materials to be supplied by BSNL
      shall be filled and completed in the office of the Officer inviting tender before the tender form is
      issued.   If a form is issued to an intending tenderer without having been so filled in and
      incomplete, he shall request the officer to have this done before he completes and delivers his
      tender.


8.    The tenderer shall sign a declaration under the officials Secret Act, 1923 for maintaining secrecy
      of the tender documents drawings or other records connected with the work given to them. The
      unsuccessful tenderers shall return all the drawings given to them.


9.    Rates quoted by the contractor in the tender both in figures and words shall be accurately filled
      in so that there is no discrepancy in the rates written in figures and words.        However, if a
      discrepancy is found the rates which correspond with the amount worked out by the contractor
      shall unless otherwise proved be taken as correct. If the amount of an item is not worked out
      by the contractor or it does not correspond with the rates written either in figures or in words
      then the rates quoted by the contractor in words shall be taken as correct.       Where the rates
      quoted by the contractor in figures and in words tally but the amount is not worked out
      correctly, the rates quoted by the contractor will unless otherwise proved be taken as correct
      and not the amount.


10.   In the case of any tender where unit rate of any item/items appear unrealistic, such tender will
      be considered as unbalanced and in case the tenderer is unable to provide satisfactory
      explanation such a tender is liable to be disqualified and rejected.
11.   All rates and discounts shall be quoted on the tender form. The amount for each item should be
      worked out and requisite totals given. Special care should be taken to write the rates in figures
      as well as in words and the amount in figures only, in such a way that interpolation is not
      possible. The total amount should be written both in figures and words. In case of figures, the
      word ‘Rs.’ Should be written before the figure of rupees and word ‘P’ after the decimal figures,
      e.g. ‘Rs.2.15 P’ and in case of words, the word, ‘ Rupees’ should precede and the word ‘Praise’
      should be written at the end. Unless the rate is in whole rupees and followed by the word ‘only’
      it should invariably be upto two decimal places. While quoting the rate in schedule of quantities,
      the word’ ‘only’ should be written closely following the amount and it should not be written in
      the next line.


12.   Sales-tax, purchase tax, turnover tax, service tax, works contract tax or any other tax or duty
      like octori, local area development tax on materials/ labour etc. in respect of this contract shall


                                                                                                             19
      CONTRACTOR                          SDE(E)                               EE(E)
      be payable by the contractor and BSNL will not entertain any claim whatsoever in respect of the
      same.


13.   However, pursuant to the constitution (forty-sixth amendment) act, 1982, if any further tax or
      levy is imposed by statute, after the date of receipt of tenders, and the contractors thereupon
      necessarily and properly pays such taxes/ levies, the contractor shall be reimbursed the amount
      so paid, provided such payment, if any, is not.        In the opinion of superintending engineer
      (whose decision shall be final and binding) attributable to delay in execution of work within the
      control of contractor.


14.   In case of statutory variation in regard to excise duty, only in respect of package AC units,
      within the stipulated date of completion of individual agreement, the same shall be paid or
      recovered as per the actual against documentary proof. However, beyond this period BSNL will
      take advantage of any duty reduction but will not pay extra on account of duty increase. Price
      adjustment provision on account of change in excise duty shall not apply in respect of
      equipment/components of equipment/materials, other than package AC units.


15.   The contractor shall, keep necessary books of account and other documents for the purpose of
      this condition as may be necessary and shall allow inspection of the same by a duly authorized
      representative of BSNL and further shall furnish such other information/ document as engineer-
      in-charge may require.
16.   The contractor shall, within a period of 30 days of imposition of any further tax or levy in
      pursuant to the constitution of (forty sixth amendment) act 1982 give a written notice thereof to
      the engineer-in-charge that the same is given pursuant to this condition, together with all
      necessary information relating thereto.


17.   BSNL shall deduct work contract tax, service tax, income tax and other statutory deductions
      from payments due to the firm as per rules of the state/Central Government. The Accounts
      Officer of the concerned Division shall issue certificates for such deductions to the firm.


18.   No concessional form except Sales Tax form 'C' shall be issued by BSNL. Form 'C' shall be issued
      to the firm as and when the firm makes request during the progress of work.


19.   The contractor whose tender is accepted, will be required, for the fulfillment of this
      contract, to furnish performance guarantee by way of a Bank guarantee of a
      nationalized/schedule bank in a standard format within two weeks from the date of
      issue of award letter, an amount equal to 5% of the contract value of the work. The
      validity period of the performance guarantee shall be one year from the date of actual
      completion of work.

                                                                                                          20
      CONTRACTOR                           SDE(E)                               EE(E)
20.      On acceptance of the tender, the name of the accredited representative(s) of the contractor who
         would be responsible for taking instructions from the Engineer-in-charge shall be communicated
         in writing to the Engineer-in-charge.


21.      The tender for the work shall not be witnessed by a contractor or contractors who
         himself/themselves has/have tendered or who may and has/have tendered for the same work.
         Failure to observe this condition would render, tenders of the contractors tendering, as well as
         witnessing the tender, liable to summary rejection.


22.      Other agencies will also simultaneously execute the works like horticulture, external services,
         installation of telephone exchange equipment and other building works for the same project
         along with this work in particular. The contractor shall afford necessary facilities for the same.
         No claim in the matter shall be entertained.


23.      Some restrictions may be imposed by the security staff etc. On the working and/or movement of
         labour, material etc., the contractor shall be bound to follow all such restrictions /instructions
         and nothing extra shall be payable on this account.


24.      The contractor shall comply with the provisions of the Apprentices Act 1961, and the rules and
         orders issued there under from time to time. If he fails to do so, his failure will be a breach of
         the contract and the Engineer-in-charge may in his discretion without prejudice to any other
         right or remedy available in law cancel the contract. The contractor shall also be liable for any
         pecuniary liability arising on account of any violation by him of the provisions of the said Act.


      25. No engineer of gazetted rank or other gazetted officer employed in engineering or administrative
         duties in an engineering department of the government of India is allowed to work as a
         contractor for a period of two years of his retirement from government service without the
         previous permission of government of India. This contract is liable to be cancelled if either the
         contractor or any of his employees is found at any time to be such a person who had not
         obtained the permission of government of India as aforesaid, before submission of the tender or
         engagement in the contractor's service as the case may be.


      26. Near relatives of all BSNL employees either directly recruited or on deputation are prohibited
         from participation in tenders and execution of works in the different units of BSNL. The near
         relatives for this purpose are defined as:


             a) Members of a Hindu Undivided family.

             b) They are husband and wife.


                                                                                                              21
         CONTRACTOR                           SDE(E)                               EE(E)
         c) The one is related to the other in the manner as father, mother, son(s) & son's
         wife(daughter-in-law), Daughter(s) & daughter's husband(son-in-law), brother(s) & brother's
         wife, sister(s) & sister's husband(brother -in-law).


27.   The company or firm or any other person is not permitted to tender for works in BSNL Unit in
      which his near relative(s) is (are) posted. The unit is defined as SSA/Circle/Chief Engineer/Chief
      Arch. /Corporate office for non executive employees and all SSA in a circle including circle
      office/Chief Eng. /Chief Arch. /Corporate office for executive employees (including those called
      as Gazetted officers at present). The tenderer should give a certificate that none of his/her such
      near relative is working in the units as defined above where he is going to apply for
      tender/work, for proprietorship firm certificate will be given by the sole proprietor, for
      partnership firm, certificate will be given by all the partners and in case of limited company by
      all the Directors of the company. Any breach of these conditions by the company or firm or any
      other person, the tender/work will be cancelled and earnest money/performance guarantee will
      be forfeited at any stage whenever it is so noticed.        BSNL will not pay any damages to the
      company or firm or the concerned person.          The company or firm or the person will also be
      debarred for further participation in the concerned unit.



                    The       format      of       the       certificate    to       be    given      is
             "I…………………………………………………………………………………………………………Son                                 of       Sri.
             ………………………………………………………………………………………………………Resident of
             ……………………………………………………………………………….                         hereby certify that none of my
             relative(s) as defined in the tender document is/are employed in BSNL unit as per details
             given in tender document. In case at any stage, it is found that the information given by
             me is false / incorrect, BSNL shall have the absolute right to take any action as deemed
             fit/without any prior intimation to me".




             (Seal of the firm)                  (Signature of Contractor)




                                                                                                           22
      CONTRACTOR                          SDE(E)                                 EE(E)
                                          CONDITIONS OF CONTRACT

1.    The `contract' means the documents forming the tender and acceptance thereof and the formal
        agreement executed between the competent authority on behalf of BSNL and the contractor,
        together with the documents referred to therein including the conditions, the specifications,
        designs, drawings and instructions issued from time to time by the Engineer-in-Charge and all
        these documents taken together, shall be deemed to form one contract and shall be
        complementary to one another.

            2. In the contract the following expression shall, unless the context there otherwise requires
               have the meanings hereby respectively assigned to them:-

            i)   The expression `works' or `work' shall unless there be something either in the subject or
                 context repugnant to such construction, be construed and taken to mean the works by or
                 by virtue of the contract contracted to be executed whether temporary or permanent and
                 whether original, altered, substituted or additional

            ii) The `site' shall mean the land / Building/ or other places on into or through which work
                is to be executed under the contract or any alternate land, building, path or street which
                may be allotted or used for the purpose of carrying out the contract.

            iii) The `contractor' shall mean the individual or firm or company whether incorporated or
                 not undertaking the works and shall include the legal personal representative of such
                 individual or the persons composing such firm or company or the successors of such firm
                 or company and the permitted assignees of such individual, firm or company.

            iv) BSNL means the Bharat Sanchar Nigam Ltd. Having its registered office at Sanchar
                Bhavan, 20, Ashoka Road, New Delhi-110001 and its corporate office at B-148,
                Statesman House, Barakhamba Road, New Delhi-110001and its successors.

            v) The `Engineer-in-charge' means the Engineer officer or the sub-divisional Engineer, as
               the case may be, who shall supervise and be in charge of the work and who shall sign
               the contract on behalf of BSNL.

            vi) Accepting Authority shall mean the authority mentioned in Notice Inviting Tender. The
                term Sr. DDG (Elect) includes Principal Chief Engineer (E)/ Chief Engineer (E) of the
                zone.

            vii) Excepted Risk are risks due to riots (other than those on account of contractor's
                 employees), war (whether declared or not) invasion, act of foreign enemies, hostilities,
                 civil war, rebellion, revolution, insurrection, military or usurped power, any acts of
                 Government, damages from Aircraft, Acts of God such as earth quake, lightning and
                 unprecedented floods, and other causes over which the contractor has no control and
                 accepted as such by the accepting authority or causes solely due to use or occupation by
                 BSNL of the part of the works in respect of which a certificate of completion has been
                 issued or a cause solely due to BSNL’s faulty design of works.

            viii)      Schedule(s) referred to in these conditions shall mean the relevant schedule(s)
                 annexed to the tender papers or the standard CPWD Schedule of Rates with the
                 amendments thereto issued up-to the date of receipt of the tender.

            ix) Tendered value means the value of the entire work as stipulated in the letter of award.

     3. Where the context so requires, words imparting the singular only also include the plural and vice
        versa. Any reference to masculine gender shall whenever required include feminine gender and
        vice versa.


                                                                                                             23
        CONTRACTOR                           SDE(E)                             EE(E)
     4. The contractor shall be furnished, free of cost, one copy of the contract documents except
        standard specifications, Schedule of Rates and such other printed and published documents,
        together with all drawings as may be forming part of the tender papers. None of these
        documents shall be used for any purpose other than that of this contract.

     5. The work to be carried out under the Contract shall, except as otherwise provided in these
        conditions, include all labor, materials, tools, plants, equipment and transport which may be
        required in preparation of and for and in the full and entire execution and completion of the
        works. The descriptions given in the schedule of quantities shall, unless otherwise stated, be
        held to include wastage on materials, carriage and cartage, carrying and return of empties,
        hoisting, setting, fitting and fixing in position and all other labours necessary in and for the full
        and entire execution and completion of the work as aforesaid in accordance with good practice
        and recognized principles.

     6. The contractor shall be deemed to have satisfied himself before tendering as to the correctness
        and sufficiency of his tender for the works and of the rates and prices quoted in the Schedule of
        Quantities, which rates and prices shall, except as otherwise provided, cover all his obligations
        under the contract and all matters and things necessary for the proper completion and
        maintenance of the works.

     7. The several documents forming the contract are to be taken as mutually explanatory of one
        another, detailed drawings being followed in preference to small scale drawing and figured
        dimensions in preference to scale and special conditions in preference to General Conditions.

  7.1 In the case of discrepancy between the schedule of quantities, the specifications and/or the
      drawings, the following order of preference shall be observed:-

     i)     Description of Schedule of Quantities.
     ii)    Particular Specification and Special condition, if any.
     iii)   Drawings.
     iv)    C.P.W.D. Specifications.
     v)     Indian Standard Specifications of B.I.S.

  7.2 If there are varying or conflicting provisions made in any one document forming part of the
      contract, the Accepting Authority shall be the deciding authority with regard to the intention of the
      document and his decision shall be final and binding on the contractor.
  7.3 Any error in description, quantity or rate in Schedule of Quantities or any omission there from shall
      not vitiate the Contract or release the contractor from the execution of the whole or any part of the
      works comprised therein according to drawings and specifications or from any of his obligations
      under the contract.

 8. Work/ Quantity distribution
 8.1   For rate contracts of Electrical Installation, Air Conditioning, Engine Alternator, Sub Station and
       Fire Detection works, work/quantities of item of works can be split amongst the lowest of three
       agencies who agree to the rates decided by BSNL in respect of 1st lowest in the following
       manner:-

a) If the work stands distributed between the first three lowest tenderers, the proportion of work
   distributed shall be as below:-

                           50% to the lowest tenderer and remaining quantities to other two tenderers in
                           INVERSE RATIO of their Evaluated price.

b) In case it is decided to split the work amongst the first two lowest firms, the proportion of work
   distribution shall be as follows:

 1. 70% to the first lowest tenderer.
                                                                                                                24
            CONTRACTOR                           SDE(E)                           EE(E)
2. 30% to the second lowest tenderer.

8.2      Based on the Master Agreement between BSNL and contractor individual LOI for works shall be
         issued by the competent authority. The individual agreement so executed containing all the
         terms and conditions of master agreement shall be treated as an independent agreement and
         any action, if required, to be taken shall be taken as per this individual contract.

8.3      In case of NIT for individual work there will be no split up of work and the entire quantity will be
         awarded to the lowest tenderer, if the firm has quoted as per terms and conditions of the NIT

               9. The successful tenderer/contractor, on acceptance of his tender by the Accepting
                  Authority, shall, within 15 days from the stipulated date of start of the work, sign the
                  contract consisting of the notice inviting tender, all the documents including drawings, if
                  any, forming the tender as issued at the time of invitation of tender and acceptance
                  thereof together with any correspondence leading thereto.

         10.     Performance Bank Guarantee

         The contractor is required to furnish bank guarantee for an amount equal to 5% of the contract
         value on a Nationalized / Scheduled Bank in a standard format within two weeks from the date
         of issue of award letter. The validity period of the performance security in the form of
         performance bank guarantee shall be one year from the date of actual completion of work.



11.      Increase/ Decrease of tendered quantity



(a)      BSNL will have the right to increase or decrease up to 25% of the quantity of goods and services
         specified in the schedule of items without any change in the unit price or other terms and
         conditions at the time of award of contract.

(b)      In exceptional situation where the requirement is of an emergent nature and it is necessary to
         ensure continued supplies from the existing venders, the purchaser reserves the right to place
         repeat order up to 50% of the quantities of goods and services contained in the running tender
         /contract within a period of twelve months from date of award of work at the same rate or a
         rate negotiated (downwardly) with the existing venders considering the reasonability of rates
         based on prevailing market conditions and the impact of reduction in duties and taxes etc.

12. Completion of work

      At the time of issuing NIT for a particular work, the time allowed for completion of work consistent
      with magnitude and urgency of work is specified. The time allowed for carrying



       out the work as entered in the contract is reckoned from the 10th day after the date on which the
      orders to commence the work are given to the contractor. To ensure good progress of the work
      during the execution, the contractor is bound, in all cases, in which the time allowed for any work
      exceeds one month (except special jobs), to complete 1/8th of the whole of the work before 1/8th of
      the time allowed under the contract has elapsed, 3/8th of the work before ½ of the time has elapsed
      and 3/4th of the work before 3/4th of such time has elapsed. However, for special jobs, if a time
      schedule has been submitted by the contractor and the same has been accepted by the Engineer –
      in – charge, the contractor shall comply with such time schedule.




                                                                                                                25
         CONTRACTOR                            SDE(E)                              EE(E)
      For Air Conditioning, Engine Alternator, Fire detection and wet riser system the work is deemed to
      have been completed after successful completion of the initial acceptance testing as per the
      departmental standards by T&D circle.



      For sub Station work, the date of clearance from electrical inspector is taken as completion date.



 13. Extension of time



      If the contractor shall desire an extension of time for completion of work on the grounds of his
      having been unavoidably hindered in its execution or on any other ground, he shall apply in writing
      to the Engineer – in –charge within 30 days of the hindrance on the account on which he desires
      such extension as aforesaid, and the Engineer – in – charge shall, if in his opinion reasonable
      grounds to be shown therefore, authorize such extension of time, if any, as in his opinion be
      necessary or proper.



14.   Compensation for delay



      If the contractor fails to maintain the required progress or complete the work and clear the site on
      or before the contract or extended date of completion, he has to pay the compensation for delay
      which is limited to 0.5% of work order value for the first 10 weeks and 0.7 % for next 10
      weeks and thereafter subject to a maximum of 12% of the work order value for the location
      where the work is delayed and the firm is found responsible for the same. Flow chart of the
      procurement process / contract shall be supplied by the contractor and approved by
      Executive Engineer concerned.



15.     Quality Assurance

      The EI works are executed in accordance to the CPWD specifications.           Other works are of
      specialized nature and executed as per departmental specifications. The substation works are
      inspected by designated electrical inspectors. Other works viz A/C plants, E/A sets, fire detection
      system are tested by acceptance testing authorities under T&D organization as per the prescribed
      Engineering instructions. The work is considered to be completed only after the successful
      completion of acceptance testing.

16.   Payment Terms

    Payment to the contractors during progress of work is regulated for all the items as below:
    a) 90 % of prorate of the approved price breakup of contract value on receipt of equipment at site
     b) 10 % of Prorate of the approved price break up of contract value after successful testing &
 Commissioning & AT (if required).

 23.0 Determination of Contract The Engineer – in – charge may determine the contract in respect
     of any delay, inferior workmanship as per clause 3 of PWD-8 contract conditions.



      18. EPF contribution in respect of Laborers / Employees employed by the contractor.



                                                                                                             26
         CONTRACTOR                          SDE(E)                              EE(E)
      As per the EPF & Miscellaneous provisions Act 1952 & Employees Provident Fund Scheme 1952
the Agency has to submit the following data along with each claim of bill in respect of Labourers /
Employees engaged by them.


   i.  List of showing the details of Laborers / Employees engaged.
   ii. Duration of their engagement.
   iii.The amount of wages paid to such Laborers / Employees for the duration in question.
   iv. Amount of EPF contribution ( both employees and employees contribution) for the duration of
       engagement in question, paid to the EPF authorities.
   v. Copies of authenticated documents of payments of such contribution to EPF authorities.
   vi. A declaration from the contractor regarding compliance of EPF Act 1932.
        19. Tax and Duties :a) All the rates quoted by the firm shall be inclusive of all taxes and
       duties including service tax, VAT, ED, WCT, etc. Octroi exemption certificate will not be issued.
       Form ‘c’ shall be issued by BSNL on request.
                    b) All statutory deductions shall be made at source and a certificate for the same
                      shall be issued.
                    c) No bill for the work (on receipt of the equipment) shall be made unless payment
                      voucher for excise duty is submitted.
                    d) The service tax payment voucher from the authorities shall be submitted before
                      the release of security deposit.
                    e) Registration No. for service tax, VAT and excise duty is compulsory.

AN IMPORTANT NOTE ON EPF
    EPF deduction from labour employed by the Contractor / Agency
          1. According to Circle office instructions, it is mandatory on the part of the contractor
             to recover the EPF contributions from the labour engaged by him and remit the
             amount, with the contractors contribution, to the EPF authorities under EPF &
             Miscellaneous provisions Act, 1952. To prevent any litigation, the following
             precautionary measures should be taken.
          2. Conditions should be included in the :-
              a. Bid documents
               b. Orders issued for engagement of Contractors/contract agreement.
                c. The claim of the contractors bill must accompany :-
                ci. List showing details of labours engaged.
                cii. Duration of their engagement.
                ciii.    Amount of wages paid to the labours.
                civ.     Amount of EPF contributions (both labours & Contractors contribution)
                    paid to the EPF authorities with proof of Payment to the EPF Authorities.
                cv. A declaration from the contractor as mentioned above is required along with
                    the bill.
          3. The contractors bill will be passed by bill passing authority only if the contractor
             complies with the terms & conditions of EPF Act, 1952
          4. Contract wise information as stated above is to be kept by bill passing authority &
             should be produced to EPF Authorities as and when demanded by EPF Authorities.



                                                                                                           27
          CONTRACTOR                      SDE(E)                              EE(E)
                                              SCHEDULE “D”
                                  (I) “IMPORTANT NOTE FOR CONTRACTORS”

       The firm shall read carefully the following conditions and shall quote accordingly confirming all the
     points in their offer.


     1. SECURITY DEPOSIT:

            Recovery of security deposit at the rate of 10% shall be deducted by BSNL from progressive
            payments made to the firm from all the running bills till the sum along with the sum already

            deposited as earnest money will amount to security deposit of 5% of the tendered value of the
            work.


     2. PROGRAMME FOR EXECUTION: -
          The firm shall supply detailed programme to Engineer-in-charge for execution of contract within
          15 days of award of work. The programme shall contain details about submission of drawing,
          supply of materials, tentative dates for installation, testing and commissioning.


     3. STORES AND SAFETY: -
          All the stores and materials required for satisfactory completion of the work shall be arranged at
          work site by the contractor from his own sources. Space for storing the material may be provided
          on request from the contractor. However, safe custody of the material stores at site will be
          responsibility of the contractor.


 4. CO-ORDINATION AT SITE:-
          At the site of work more than one agency may be working full cooperation shall be extended to
          other agencies during progress of work. Further, work shall be carried out in such a way so that it
          may not cause abnormal noise and hindrance to the officers of the department engaged in
          erection as well to the normal routine work.


5.               GUARANTEE AND DEFECT LIABILITY: -
              The guarantee shall be valid for six months after successful completion of work.
              The contractor shall guarantee that all equipments shall be free from any defect
              Due to the defective material and/or bad workmanship and also the equipments
              Shall work satisfactorily with performance and efficiencies not less than the
             Guaranteed values.

             •   Any part found defective during this period shall be replaced free of cost by the contractor.
                 The service of the contractor's personnel if required during this period shall be made
                 available free of cost to the department.
                                                                                                                 28
            CONTRACTOR                          SDE(E)                               EE(E)
•   The contractor shall depute his representative within 36 hours of notification of the defect
    by the department.


•   A joint report shall be prepared by the representative of department and firm regarding
    nature of defects and remedial action required. Time schedule for such action shall be also
    finalized.


•   In case the contractor fails to depute his representative within 36 hours of notification of the
    defect or fails to cause remedial measure within reasonable time as decided during joint
    inspection, the department may proceed to do so at the contractor’s risk and expenses and
    with out prejudice to any other right.


       The guarantee shall be valid for six months after successful completion of work.         The
contractor shall guarantee that all equipments shall be free from any defect due to the defective
material and/or bad Workmanship and also the equipments shall work satisfactorily with
performance.




                                                                                                       29
CONTRACTOR                          SDE(E)                               EE(E)
                                              ANNEXURE - I

                                   MODEL FORM OF BANK GUARANTEE

      BANK GUARANTEE BOND FOR EMD FOR AIR CONDITIONING, DIESEL ENGINE ALTERNATOR,
      LIFTS AND SUB STATION WORKS WHEREVER THE AMOUNT OF EMD IS MORE THAN Rs20,000/-.

      Whereas_____________________________________________________________
      (hereinafter    called   “The     contractor(s)   “)   has   submitted      its   Tender    dated
      ___________________________________________________________________
      For _____________________(Name of work)_______________________ KNOW ALL MEN by
      these presents that we _______________________ of ___________________________
      having our registered office at    ____________________________(hereinafter called “          The
      Government “)     in the sum of ____________________________ for which payment will and
      truly to be made of the said Government, the Bank binds itself, its successors and assigns by
      these presents.


      The conditions of the obligation are:

   1. If the Contractor(s) withdraws its Tender during the period of Tender validity specified on the
      Tender Form or

   2. If the Contractor(s) having been notified of the acceptance of its Tender by the Government
      during the period of tender validity.
       a. Fails or refuses to execute the contract
       b. Fails or refuses to furnish security deposit in accordance with the conditions of
          tender documents

         We undertake to pay to the government up to the above amount upon the receipt of its first
         written demand, without the government having to substantiate its demand. Provided that in
         its demand, the government will note that the amount claimed by it due to its owing to the
         occurrence of one or both of the conditions, specifying the occurred condition or conditions.

         This guarantee will remain in force as specified in the tender document upon and including
         thirty (30) days after the period of the tender validity, and any demand in respect thereof
         should reach the bank not later than the specified date/dates.

                                                                                  Signature of the Bank

                                                                               Signature of the Witness.
Name of Witness:

Address of the Witness:




                                                                                                           30
      CONTRACTOR                          SDE(E)                            EE(E)
Name of work:- Replacement of 10nos window AC units with split AC units in various cell sites in VM
SSA(Urban). SH: SITC of 2nos split AC units in Cell BTS at MVP Teja Towers




S.No.                      Description of item                   Qty          Rate     Unit    Amount

   1    Supplying and drawing following sizes of PVC
        insulated copper conductor, single core cable in the
        existing surface/recessed PVC/ steel conduit/PVC
        casing and capping as reqd.

        a) 2 x 4 sq.mm
                                                                  10   Mtrs             Mtr

        b) 4x 4 sq.mm                                              5   Mtrs             Mtr

   2    S/F 16 SWG copper wire in the existing GI/MS
        pipe/conduit etc.
                                                                  20   Mtrs             Mtr

   3    S/F of 20A Combination circuit breaker on the
        existing frame with suitable metal plug and sockets
        suitable for 230V,50Hz AC supply along with 20A SP
        MCB & suitable metal enclosure etc as required.
                                                                   2   nos              Each

   4    Supplying and fixing of following size of PVC conduit
        along with the accessories on surface of wall and
        making good etc as reqd.

        a)20mm(rigid)                                             10   Mtrs             Mtr

        b)25mm(rigid)                                              5   Mtrs             Mtr

        c)20mm(flexible)                                           2   Mtrs             Mtr

        d)50mm(rigid)                                              5   Mtrs             Mtr

   5    Supplying and Fixing 2nos single pole 25A power
        contactors , selector switch for bypass arrangement
        and a 16A analog time switch for switching on and
        off of the 1.5 TR AC units with suitable time delay
        ,terminal block for neutral, in a MS Box of suitable
        size made of with 16 SWG MS Sheet i/c cutting,
        welding, powder coated painting, grouting,
        interconnections with suitable copper cable,
        earthing, locking arrangement with suitable knobs,
        vent holes etc as reqd.(Make : contactors and timer
        of L & T make MR11W and FM1 Quartz or similar
        superior make)                                             1   Job              Job

   6    Supplying and fixing metra plugs in the existing CCB's
        for the 1.5TR Window/split AC unit etc as reqd.
                                                                   2   nos             each
                                                                                                        31
        CONTRACTOR                               SDE(E)                              EE(E)
7    Transportation of 1.5TR capacity split AC unit from
     office to site i/c loading and unloading with out
     damaging to the units etc as reqd.                       2   jobs     job

8    Installation, testing and commissioning of 1.5 TR
     SPLIT AC unit at aspecified location i/c covering the
     following works and making good etc as required.

     a) Mounting/Fitting Indoor and Outdoor units at their
     respective locations.
     b) Laying Refrigerant pipeline and connecting both
     the units after drilling Hole/Holes in the wall, If
     required.
     c) Leak testing entire system.
     d) charging Refrigerant gas in the unit.
     e) Suitable Electric Wiring from indoor unit to
     outdoor unit.
                                                              2   jobs     job

9    Supplying and fixing the following sizes of flexible
     copper conductor cable for extending the supply
     from indoor unit to out door unit including soldering
     on both ends and making good etc as required.


     a) 3 core 2.5 sq.mm                                     10   Mtr       Mtr

10   S/F following size computer cutting sign board
     showing the details of AC unit(VIZ) Make,sr.no,cost,
     and date of installation with blue background &
     White Stickering etc as reqd.


     a) 5" x 3" sun board
                                                              2   nos      each

11   Supplying and Fixing 50mm flexible PVC pipe for
     drawing refregerent pipe lines and making good etc
     as required.                                             5   Mtr       Mtr

12   Supplying and Fixing 20mm heavy duty flexible PVC
     pipe for draining the water from indoor unit to
     external drain pipe and making good etc as required.
                                                              5   Mtr       Mtr

13
     Supplying and fixing MS angular iron stands made up
     of size 35 x 35 x5mm MS angle including
     cutting,welding,grouting,painting for mounting of
     outdoor condenser units etc as reqd.                    10   mtrs      mtr

14   Dismantling of existing Window AC unit and handing
     over to the exchange Incharge and making good etc
     as required.
                                                              2   Jobs     job
                                                                                  32
     CONTRACTOR                                 SDE(E)                   EE(E)
15   Providing and fixing 16 SWG MS sheet to cover the window
     opening including cutting ,fixing with suitable screws and
     making good etc as reqd.
                                                                  1500   sq.inch         sq.inch




     CONTRACTOR                                                   SUB DIVISIONAL ENGINEER(E)
                                                                  BSNL ELECTRICAL SUB DIVISION
                                                                   VISAKHAPATNAM




                                                                                                   33
     CONTRACTOR                                 SDE(E)                                EE(E)
Name of the Contractor...........................................                           P.W.D.8
      Date of application & date...........................................
        Tender issued on...........................................
        I.T. Clearance Certificate Valid up to...........................................
        Regd. with .....................as class.................. Monetary Limit ………………………………
        class
        Cost of tender Rs.




                                     BHARAT SANCHAR NIGAM LTD.
                                        (A Government of India Enterprises)
                                                 (CIVIL / ELEC. WING)

                State: ANDHRA PRADESH.                            Division: VISAKHAPATNAM.
                Branch: ELECTRICAL.                         Sub – Division: VISAKHAPATNAM.

                               ITEM RATE TENDER & CONTRACT FOR WORKS
                                      (Central PWD Code, Paragraph. 95)
                          General Rules and Directions G.O. 150, dt : 23-5-1966



       1. All works proposed for execution by contract will be notified in a form of invitation to tender
posted in public placed and signed by the Sub Divisional Officer/Divisional Officer.

        This form will state the work to be carried out, as well as the date for submitting and opening
tenders and the time allowed for carrying out the work; also the amount of earnest money to be
deposited with the tender, and the amount of the security deposit to be deposited by the successful
tenderer, and the percentage, if any, to be deducted from bill copies of the specifications designs and
drawings and any other documents required in connection with the work signed for the purpose of
identification by the Sub-Divisional Officer/ Divisional Officer shall also be open for inspection by the
contractor at the office of Sub-Divisional Divisional Officer during Office hours.

2. In the event of the tender being submitted by a firm, it must be signed separately by each member
thereof or in the event of the absence of any partner, it must be signed on his behalf by a person
holding a power-of-attorney authorizing him to do so such power of attorney to be produced with the
tender, and it must disclose that the firm is duly registered under the Indian Partnership Act.

3. Receipts for payments made on account of a work when executed by a firm, must also be signed by
the several partners, except where contractors, are described in their tender as a firm, in which case
the receipts must be signed in the name of the firm by one of the partners, or by some other person
having authority to give effectual receipts for the firm.

        3A. SPECIAL CONDITION FOR POWER OF ATTORNEY:

      In case of proprietary individual contract the work shall be done by the contractor himself and
no Power of Attorney shall be made without the written approval from the Engineer in-charge.



                                                                                                            34
        CONTRACTOR                                 SDE(E)                                   EE(E)
      4. Any person who submits a tender shall fill up the usual printed form stating at what rate he is
willing to under take each item of the work tenders which propose any alteration in the work specified
in the said form of invitation to tender or in the time al1owed for carrying on the work, or which contain
any other conditions of any sort, including conditional or unconditional rebates will be liable to
rejection. No single tender shal1 include more than one work, but contractors who wish to tender for
two or more works shall submit a separate tender for each. Tenders shall have the same and number of
the works to which they refer written outside the envelope.

      4A.The rate(s) and amount must be quoted in full rupee by ignoring fifty praise and considering
more than fifty praise as rupee one. TENDERS WITH ANY CONDITION INCLUDING THAT OF
CONDITIONAL / UNCONDITIONAL REBATES SHALL BE REJECTED FORTHWITH SUMMARILY.

     5. The Sub-Divisional / Divisional Officer or his duly authorized assistant, will open tenders in the
presence of any intending contractors who may be present at the time, and will enter the amount of
the several tenders in a comparative statement in a suitable form in the event of a tender being
accepted, a receipt for the earnest money forwarded there with shall thereupon be given to the
contractor who shall there.

       6. The Officer inviting tender shall have the right of rejecting all or any of the tenders, and will
not be bound to accept the lowest tender.

       7. The receipt of an accountant or clerk for any money paid by the contractor will not be
considered as any acknowledgement of payment to the Sub-divisional Officer/Divisional Officer and the
contractors shall be responsible for seeing that he procures a receipt signed by the A.O. or a duly
authorized Cashier.

        8. The memorandum of work tendered for and the schedule of materials to be supplied by the
BSNL Civil / Elec. Wing and their issue rates, shall be filled in and completed in the office of the Sub
Divisional Officer/Divisional Officer before the tender form is issued. If a form is issued to an intending
tender without having been so filled in and completed, he shall request the office to have this done
before he completes and delivers his tender.

     9. The tenderers shall sign a declaration under the official Secret Act for maintaining secrecy of
the tender documents drawings or any other records connected with the work given to them. The
successful tenderers shall return all the given to them.

ITEM RATE TENDER FOR WORKS.

   I / We hereby tender for the execution for BSNL of the work specified in the under written
memorandum within the time specified in the attached Schedules therein and in accordance in all
respects. In such memorandum at the rate specified with the specifications, designs, drawings and
instructions, in writing referred to in Rule 1 thereof and in Clause 11 of the conditions of contract and
with such materials as are provided for by and in all respects in accordance with such conditions so far
as applicable.
DECLARATION:

                      I/We hereby declare that I /We shall treat the tender documents,
drawings and other records connection with the communicate information / derived there
from to any person communicate the same or use the information’s in any manner prejudice
to the safety of the same.                                                    CONTRACTOR.




                                                                                                              35
       CONTRACTOR                          SDE(E)                               EE(E)
MEMORANDUM:

A) General description or                       Replacement of 10nos window AC units with split AC
   Name of work                                 units in various cell sites in VM SSA(Urban). SH:
                                                SITC of 2nos split AC units in Cell BTS at MVP Teja
                                                Towers
B)Estimated Cost
i) Building work                                Rs NIL

ii) Services                                    Rs.24385/-

                    TOTAL                       Rs.24385-00
C) Earnest Money.                               Rs.488-00

D) Security Deposit                             Rs

i) 10% of the Tendered amount of the work subject to a maximum of 5 lakhs.

        The Security deposit will be collected by deduction from the running bills of contractor at the
rates mentioned above and the earnest money, if deposited in cash at the time of tender, will be
treated as part of Security deposit. The Security deposit will also be accepted in

       1.     Post Office cash certificate National Saving Certificates, Treasury Saving Certificate and
National Plan Saving Certificates.

2. Post Office Saving Bank Pass Book.
3 Deposit Receipts or guarantee Bonds IT on recognized banks approved by Govt. for the purpose.

(e) Time allowed for the work from the 10th Day after the date of written order to commence Two
months should this tender is accepted, in whole or in part I/We hereby agree. (i) to abide by and fulfill
all terms and provisions of the said conditions annexed hereto and all the terms and provisions
contained in notice inviting tenders so far as applicable and/or in default thereof to forfeit and pay to
the BSNL or his Successors in office the sum of money mentioned in the said conditions. A sum of Rs.
488-(Rupees four hundred and eighty eight only) forwarded by pay order or D.D of a scheduled
bank guaranteed by the RBI drawn in favor of Accounts Officer BSNL Civil / Electrical Division,
VISAKHAPATNAM as earnest money.

                    If I/We, fail to commence the work specified in the above Memorandum I / we agree
that the said Officer or his successors in office shall without. prejudice to any other right or remedy be
at liberty to fore fit the said earnest money absolutely otherwise the said earnest money shall be
retained by him towards security deposit mentioned against Clause (d) of the above mentioned
Memorandum (ii) to execute all the work referred to in the tender documents upon the terms and
conditions contained or referred to there in and to carry out such deviations as may be ordered, up to a
maximum of 50% (Fifty percent) at the rates quoted in the tender document and those in excess of
that limit at the rates to be determined in accordance with the provisions Contained in Clause 12-A of
the tender form.

                     I/We agree that should I/We fail to commence the work specified in the above
memorandum an amount equal to the amount of earnest money mentioned in the form of invitation of
tender shall be absolutely forfeited to the BSNL and the same may at the option of the Officer to be
recovered. Out of the deposit in as far as the same may extend in terms of the said bond and in the
event of deficiency out of any other moneys due to me/us or other wise.

                                                                                                             36
       CONTRACTOR                          SDE(E)                               EE(E)
                              EXEMPTION FROM THE PAYMENT OF EARNFS MONEY

                 I / We have already furnished security to the BSNL in lieu of Earnest Money and have
deposited with the Engineer-in-chief/CE (C) New Delhi, a lump sum security of Rs5, 000/- Rs7, 500
Rs10, 000/- Rs20, 000/- as Earnest Money in individual cases and I / We therefore claim exemption in
terms     of    the     bond       executed      by     me/us      and     bearing       No.     ..........................   dated     the
..........................day of      200_____ against the necessity of
Depositing Earnest Money in respect of the above tender for work


                I / We have already furnished to the BSNL a lump sum security of Rs5 lakh in lieu of the
security amount to be deducted from my/our running bills individual case and have deposited that
amount with the Engineer-in-Chief, CE(C), New Delhi and I / We therefore claim exemption in terms of
the bond executed by me/us and bearing No. ...................... Dated the                               ………..day                        of
         200...............Against the necessity of depositing security money in respect of the above tender
for work.


         I/We agree that should I/We fail to commence the work specified in the above memorandum an
amount equal to the amount of the Earnest Money mentioned in the form of invitation of tender shall
be absolutely forfeited to the BSNL and the same that at the option of the Officer to be recovered out of
the deposit in so far as the same may extend in terms of the said Bond and in the event of deficiency
out of any other money due to me/us or otherwise.


                                                                                                * Signature of Contractor

Dated the """"""""""""""""""""""""'" day of ..... 20...........

# Witness

address

Occupation

The above tender is hereby accepted by me/on behalf of the B S N L for sum of Rupees
……….........................................................................................................................................
................................................................................................................
dated the .................... day of .......................... 20..............


                                                                                                $ Signature of the
                                                                                                Engineer – in- charge


*        Signature of contractor before submission of tender.
#        Signature of witness to contractor's signature.
$        Signature ofthe Officer by whom accepted.




                                                                                                                                               37
         CONTRACTOR                                      SDE(E)                                           EE(E)
                                  CONDITIONS OF CONTRACT

DEFINITIONS

       1) The 'Contract' means the documents forming the tender and acceptance thereof and the
formed agreement executed between the BSNL and the Contractor together with documents referred to
therein including these conditions, the specifications, designs, drawings and instructions issued from
time to time by the Engineer-in Charge and all these documents taken together shall be deemed to
form one contract and complementary to one another.

       2) In the contract the following expression shall unless where the context otherwise require
have the meanings hereby respectively assigned, to them:

        a) The expression 'works' or 'work' shall unless there be something either in the subject or
context repugnant to such construction be construed or taken to mean the works by or by virtue of the
eon tract contracted to be executed whether temporary or permanent and whether original altered,
substituted or additional.

        b) The 'Site' shall mean the land and/or other places into or through which work is to be
executed under the contract or any adjacent land, path or street through which work is to be executed
under the contract or any adjacent land, path Or street which may be allotted or used for the purpose
of carrying out the contract.
       c) The 'Contractor' shall mean the individual or firm or company whether incorporated or not
undertaking the works and shall include the legal personal representatives of such individual or the
persons composing such firm or company and the successors of such firm or company and the
permitted assignees of such individual or firm or firms or company.

       d) The BSNL means the Bharat Sanchar Nigam Limited and his successors.

      e) The 'Engineer-in Charge' means the Divisional Officer/Sub-Divisional Officer as the case may
be who shall supervise and be in-charge of the work and who shall sign the contract-on behalf of the
BSNL.

       f) 'Government' or Government of India' shall mean the President of India.

      g) The term Chief Engineer includes additional Chief Engineer.


      h) All reference to:
        i) CPWD/ Public works Department.
        ii) Additional Chief Engineer, C.P.W.D.
        iii) Administrative head of C.P.W.D.
        iv) CPWD. Circle and
        v) Ministry of works, Housing and supply, in various clauses shall be taken
         i) BSNL (Civil/ Elec. Wing)
          ii) Administrative heads of BSNL
          iii) Chief Engineer (Civil/Elect) BSNL
         iv) Civil Circle BS_
          V) Postal,
          vi) The term Director General (Works) includes Chief Engineer.
        Except:
                                                                                                         38
      CONTRACTOR                             SDE(E)                          EE(E)
     In the following place/clause where no modifications are intended

•    i)C.P.W.D. safety code
•    ii)Clause 11
•    iii)Clause 12
•    iv)Clause 19 B (a) explanation
•    v)Clause 19B (c)
•    vi)Clause 19 C
•    vii)Clause 19 E
•    viii)Clause 19 G
•    ix)Model rules for the protection of Health and Sanitary arrangements for workers
     employed by Central P.W.D. or the contractor's (Heading Only)

•    X) Central Public Works Department Contractor's Labour Regulations (Headings and
     Regulations No.1 and 2 [ii].
•    Clause 42(v)
•    Clause 42(ii)
•    Clause 19B(F)
    Works imparting the singular number include the plural number and vice versa.


     CLAUSE 1 (Security Deposit):
            The Person / Persons whose tender[s] may be accepted [hereinafter called the
     contractor] shall permit BSNL at the time of making any payment to him for work done under
     the contract to deduct such sum along with along with the sum already deposited as earnest
     money will amount.

     10% of the Tendered amount of work put to tender subject to a maximum of 5 lakhs unless he
     is / they are exempted from payment of Security Deposit in individual cases by BSNL unless he
     is / they are exempted.
     In case a fixed deposit receipt of any Bank is furnished by the contractor to the BSNL as part of
     the security deposit and the Bank goes into liquidation or for any reason is unable to make
     payment against the said fixed deposit receipt the loss caused thereby shall fall on the
     contractor and the contractor shall forth with on demand furnish additional security to the BSNL
     to make good the deficit.
             Such deductions are to be held by BSNL by way of Security Deposit, Provided always
     that. the BSNL for this purpose shall be entitled to recover the said percent of the amount of
     each running bill till the balance of the amount of Security Deposit is realized All Compensation
     or the other sum of money payable by the contractor under the terms of this contract may be
     deducted from or paid by the sale of sufficient part of his Security Deposit or from the interest
     arising there from, or from any sums which may be due to or may become due to the contractor
     by BSNL on any account whatsoever and in the event of his Security Deposit being reduced by
     reason of any such deduction or sale as aforesaid, the contractor shall within 10 days make
     good in cash or guarantee bonds executed in favour of the BSNL Deposit receipt tendered by the
     State Bank of India or by scheduled Banks (in case of guarantee offered by schedule banks, the
     amount shall be within the financial limits prescribed by the Reserve Bank of India) of Govt.
     Securities (if deposited for more than 12 months) endorsed in favour of the Engineer-in charge,
     any sum or sums which may have been deducted from, ot raised by sale of his security deposit
     or any part thereof. The Security Deposit shall be collected from the running bills of the
                                                                                                         39
     CONTRACTOR                         SDE(E)                              EE(E)
contractor at rates mentioned above and the Earnest Money deposited at the time of tenders will
be treated as part of the security deposit.

NOTE I: Government papers tendered as security will be taken at 5% (five percent) below its
market price or at its face value, which ever is less. The market price of Government Papers
would be ascertained by the Divisional Officer at the time of collection of interest and the
amount of interest to the extent of deficiency in value of the Government paper will be withheld
if necessary.

NOTE 2: Govt. securities will include all form of securities mentioned in Rule NO. 274 of the GF.
Rules except fidelity bond. This will be subject to the observance of the condition mentioned
under the rule against each form of Security.

CLAUSE 2(COMPENSATION FOR DELAY): The time allowed for carrying out of the
work as entered in the tender shall be strictly be observed by the contractor and shall be
deemed to be of the essence of the contract on the part of the contractor and shall be reckoned
from the Tenth day after the due date on which the order to commence the work is issued to the
contractor. The work shall throughout the stipulated period of the contract be proceeded with all
the deligence and the contractor shall pay as compensation an amount equal to one per cent or
such smaller amount as the superintending Engineer (whose decision in writing shall be final)
may decide on the amount of the estimated cost of the whole work as shown in the tender, for
every day that the work remains un commenced or unfinished after the proper dates. And
further to ensure good progress during the execution, of all the work, the contractor shall be
bound in all cases in which the time allowed for any work exceeds, one month(save for special
jobs) to complete one eighth of the whole of the work before one fourth of the whole time
allowed under the contract has elapsed, three eighth of the work, before one-half of such time
has elapsed and three-fourth of the work before three-fourth of such time elapsed. However for
special jobs if a time schedule has been submitted by the contractor and the same has been
accepted by the Engineer-Charge, the contractor shall comply with the said time schedule. In
the even of the contractor failing to comply with the conditions, he shall be liable to pay as
compensation an amount equal to one percent Of such smaller amount as the superintending
Engineer (whose decision in writing shall be final) may decide on the said estimate cost of the
whole work for everyday that the due quantity of work remains incomplete. Provided always
that the entire amount of compensation to be paid under the Provisions of this Clause shall not
exceed ten percent on the estimated cost of the work as shown in the tender.

CLAUSE 3: The Engineer-in-Charge may without prejudice to his right against the contractor in
any respect of any delay or inferior workmanship or otherwise or to any claims or damages in
any respect of any breaches of contract and without prejudice to any rights or remedies under
any of the provision of this contract or otherwise and whether the date for completion has or has
not elapsed by notice in writing absolutely determine the contract in any of the following cases:

i)     If the contractor have been given by the Engineer-in-Charge a notice in writing to rectify,
       reconstruct or replace any defective work or that the work is being performed in any
       inefficient or otherwise improper or un workman like manner shall omit to comply with
       the requirements of such notice for a period of seven days thereafter or if the contractor
       shall delay or suspend the execution of the work so that either in the judgement of the
       Engineer-in-Charge (which shall be final and binding) he will be unable to secure
       completion of the work by the date for completion or he has already failed to complete
       the work by that date,

ii) If the contractor being a company shall pass a resolution or the court shall make an order
that the company shall be wound up or if a receiver or a manager on behalf a creditor shall be
appointed or if circumstances shall arise which entitle the court or creditor to appoint a receiver
                                                                                                      40
CONTRACTOR                          SDE(E)                              EE(E)
     or a manager or which entitle the court to make a winding up order.
     iii) If the contractor commits breach of any of the terms and conditions of this contract.
     iv) If the contractor commits any acts Mentioned in Clause 2 I hereof.
    When the contractor has made himself liable for action under any of the cases aforesaid, the
    Engineer-in-Charge on behalf of the BSNL shall be have powers.

    a) To determine or rescind the contract as aforesaid (of which termination or recession notice in
    writing to the contractor under the hand of the Engineer-in-Charge shall be conclusive evidence).
    Upon such determination or recession the security deposit of the contractor shall be liable to be
    forfeited and shall be absolutely at the disposal of BSNL.

     b) To employ labour paid by the CPWD/ Postal /BSNL( Civil Wing) and supply material to carry
    out the works or any part of the work debiting the contractor with the cost of labour and the
    price of the materials (of the amount of which cost and price certified by the Engineer-in-Charge
    shall be final and conclusive against the contractor) and crediting him with the value of the work
    done in all respects in the same manner and at the same rates as if it had been carried out by
    the contractor under the terms of the contract. The certificate of the Divisional Officer as to the
    value of the work done shall be final and conclusive against the contractor, provided always that
    action under the sub clause shall only be taken after giving notice in writing to the contractor.
    Provided also that if the expenses incurred by the BSNL are less than the amount payable to the
    contractor at his agreement rates, the difference should not be paid to the contractor.


     c) After giving notice to the contractor to measure up the work of the contractor and to take
    such part thereof as shall be unexecuted out of his hand and to give it to another contractor to
    complete 1l1 which case expenses which may be incurred in excess of the sum which would have
    been paid to the original contractor if the whole work has been executed by him( of the amount
    of which excess the certificate in writing of the Engineer-in-Charge shall be final and conclusive)
    shall be borne and paid by the original 90ntractor and-may be deducted ITom any money due to
    him by BSNL under the contract or on any other account whatsoever or from his security deposit
    or the proceeds of sales thereof or a sufficient part there of as the case may be.

    In the event of anyone or more of the above courses being adopted by the Engineer-in-charge,
    the contractor shall have no claim to compensation for any loss sustained by him by reason of his
    having purchased or procured any material or entered into engagements or made any advances
    on account or with a view to the execution of work or the performance of the contractor and in
    case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to
    recovery or be paid any sum for any work thereto actual performed under this contract unless
    and until the Engineer- in –charge has certified in writing the performance of such work and the
    value payable in respect thereof and he shall only be entitled to be paid the value so certified.

CLAUSE 4(CONTRACTOR TO REMAIN LIABLE TO PAYCOMPENSATION IF ACTION NOT TAKEN
UNDER CLAUSE 3. POWER TO TAKE POSSESSION OF OR REQUIRE REMOVAL OF OR SELL
CONTRACTORS PLANT):

          In any case in which any of the powers conferred upon the Engineer-in-charge by Clause 3
    thereof, shall have become exercisable, and the same shall not be exercised, the non exercise
    there of shall not be constitute a waiver of any of the conditions hereof and such powers shall not
    withstanding be exercisable in the event of any future case of default by the contractor and the
    liability of the contractor for compensation, shall remain unaffected. In the event of the
    Engineer-in-Charge putting in force all or any of the powers vested in him under the proceeding
    clause he may if he so desires after giving a notice in writing to the contractor take possession of
    (or at the so I.e. discretion of the Engineer-in-Charge which shall final) use as on hire (the
                                                                                                           41
     CONTRACTOR                          SDE(E)                               EE(E)
amount of the hire money being also in the final determination of the Engineer-in-Charge) all or
any tools, plant materials and stores, in or upon the works, or the site thereof, belonging to the
contractor, or procured by contractor and intended to be used for the execution of work in any
part thereof, paying or allowing for the same in account at the contract rates, or in the case of
these not being applicable at current market rates to be certified by the Engineer-in-Charge,
whose certificate thereof shall be final, otherwise the Engineer-in-Charge by notice in writing
may order the contractor or his clerk of the works, foreman or other authorized agent to remove
such tools, plant, materials, or stores from the premises (within and a time to the specified in
such notice), and in the event of the contractor failing to comply with any such requisition, the
Engineer-in-charge may remove them at the contractor's expense or sell them by auction or
private sale on account of the contractor and at his risk in all respects the certificate of the
Engineer-in-Charge as to the expense of any such removal and the amount of the proceeds and
expense of any such sale shall be final and conclusive against the contractor.

 CLAUSE 5(EXTENSION OF TIME):I f the contractor shall desire an extension of time for
completion of work on the grounds of his having been unavoidably hindered in its execution or on
any other ground he shall apply in writing to the Engineer-in-Charge within 30 days of the date
of hindrance on account of which he desires such extension as aforesaid, and the Engineer-in-
Charge shall, if in his opinion (which shall be final) reasonable ground be shown therefore
authorize such extension of time if any, as may, in his opinion be necessary or proper.

CLAUSE 6(COMPLETION CERTIFICATE):Within ten days of the completion of the work, the
contractor shall give notice of such completion to the Engineer-in-Charge and within* ten/thirty
days of the receipt of such notice the Engineer-in-charge shall inspect the work, and if there is no
defect in the work shall furnish the contractor with a certificate of completion otherwise a
provisional certificate of completion indicating defects (a) to be rectified by the contractor and or
(b) for which payment will be issued at reduced rates shall be issued but no certificate of
completion, Provisional or otherwise shall be issued, not shall the work be considered to be
complete until the contractor shall have removed from the premises on which the work shall be
executed all scaffolding surplus materials, rubbish and all huts and sanitary arrangements
required for his/their work people on the site in connection with the execution of the works as
shall have been erected or constructed by the contractor(s) and cleaned off the dirt from all
wood work doors, window, walls, floors or other parts of any buildings, in, upon or about which
the work is to be executed or of which he may have /had possession for the purpose of the
execution thereof and not until the work shall have been measured by the Engineer-in-Charge. If
the contractor shall fail to 'Comply with the requirement of this Clause as to removal of
scaffolding, surplus materials like the rubbish and huts and sanitary arrangements as aforesaid
and cleaning off dirt on or Before the date fixed for the completion of the work, the Engineer-in-
Charge may at the Expenses of the contractor remove such scaffolding or surplus materials the
rubbish, etc., and dispose of the things fit and clean off such dirt as aforesaid; the contractor
shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for
any sum actually realized by the sale thereof.

 CLAUSE 6A: This splashes and dropping from white washing, color washing, painting, etc. on
walls, floors, doors, windows, etc. shall be removed and the surface cleaned simultaneously with
the completion of these items of work in the individual, rooms, quarters or premises etc. where
the work is done without waiting for the actual completion of all the other items of work in the
contract in case the contractor fails to comply with the requirements of this Clause, the Engineer-
in-Charge shall have the right to get this work done at the cost of the contractor either
departmentally or through another agency. Before taking such action, the Engineer-in-Charge
shall give ten days notice inviting to the contractor.

CLAUSE 6B (DELETED): The contractor shall submit the completion plan as required vide
General specification for Civil/Electrical Works (Part I Internal) 1972 and (part II External) 1974
                                                                                                        42
CONTRACTOR                           SDE(E)                               EE(E)
as applicable within thirty days of the completion of the work

In case, the contractor fails to submit completion plan as aforesaid he shall be liable to pay a
sum equivalent to 2.5% of the value of the work subject to a ceiling of Rs. 2,500 (Rupees Two
thousand and five hundred only) as may be fixed by the superintending Engineer Civil/Electrical
concerned and in this respect the decision of the superintending Engineer shall be final and
binding on the contractor.

CLAUSE7: No payment shall be made for a works estimated to cost rupees five thousand or less
till after the whole of the work shall have been completed and certificate of completion given.
But in the case of work estimated to cost more than rupees five thousand, the contractor, shall
on submitting the bill therefore be entitled to receive a monthly payment proportionate to the
part thereof then executed to the satisfaction of the Engineer-in-Charge, whose certificate of the
sum so payable shall be final and conclusive against the contractor. But all such intermediate
payments shall be regarded as payments by way of advance against the final payments only and
not as payments for work actually done and completed, and shall not preclude the requiring of
bad, unsound and imperfect of unskilled work to be removed and taken away and reconstructed,
or re-erected or be considered as an admission of the due performance of the contract, or any
part there of in any respect of the accusing of any claim nor shall, it conclude determine or
affect in any ways the powers of the Engineer-in-Charge under these conditions or any of them
as to the final settlement and adjustment of the account or other wise or in any other way vary
or affect the contract. The final bill shall be submitted by the contractor within one month of the
date fixed for completion of the work or of the date of the certificate of completion furnished by
the Engineer-in-Charge and payment shall be made within three months if the amount of the
contract plus that of the additional items is up to Rs.2 Lakhs and in 6 months if the same
exceeds Rs2 lakhs of the submission of such bill. If there shall be any dispute about any item or
items of the work then the undisputed item or items only shall be paid within the said period of
three months or six months as the case may be. The contractor shall submit a list of the
disputed items within thirty days from disallowance thereof and if he fails to do this, his claims
shall be deemed to have been fully waived and absolutely extinguished.

"Whenever there is likely to be delay in" recording the details measurements for making a
running payment in the case of residential buildings advance payments without detailed
measurements of work done (other than foundation and finishing items) up to (a) lintel level
(including sun shades etc) (b) slab level, for each floor, worked out at 75% of tendered rates
may be made in running account bills by the Engineer-in-Charge at his discretion on the basis of
a certificate from the Asst. Engineer to the effect that the work has been completed up to the
level in question.


CLAUSE 8(BILLS TO BE SUBMITTED MONTHLY): A bill shall be submitted by the contractor
each month on or before the date fixed by the Engineer-in-Charge for all works executed in the
previous months and the Engineer-in-charge shall take or cause to be taken the requisite
measurements for the purpose of having the same verified and the claim, as far as admissible,
adjusted as far as .possible, before the expiry of ten days from the presentation of the bill. If the
contractor does not submit the bill within the time fixed as aforesaid the Engineer-in-Charge
may depute within seven days of the date fixed as foresaid, a subordinate to measure up the
said work in the presence of the contractor whose countersignature to the measurement list will
be sufficient warrant, and the Engineer-in-Charge may prepare a bill from such list which shall
be binding on the contractor in all respect.



                                                                                                        43
CONTRACTOR                           SDE(E)                               EE(E)
 CLAUSE 8A(CONTRACTOR TO BE GIVEN A WEEK TIME TO FILE OBJECTIONS TO THE
MEASUREMENT RECORD): Before taking any Measurement of any work as has been referred
to in Clauses 6, 7 and 8 thereof, the Engineer-in-charge or a subordinate deputed by him shall
give reasonable notice to the contractor. If the' contractor fails to attend the measurements
after such notice or fails to countersign or to record the difference within a week from the date
of measurement in the manner required by the Engineer-in-Charge then in any such event the
measurements taken by the Engineer-in-Charge or by the subordinate deputed by him as the
case may be shall be final and binding on the contractor and the contractor shall have no right
to dispute the same.

CLAUSE 9(BILLS TO BE ON PRINTED FORM): The contractor shall submit all bills on the
printed forms to be held on application at the office of the engineer-in-Charge and the charges
in the bills shall always be entered at the rates specified in the tender or in the case of any extra
work ordered in pursuance of these conditions and not mentioned or provided for in the tender
of the rates here in after provided for such work.

CLAUSE9A(PAYMENT OF CONTRACTORS BILLS TO BANKS):Payment due to the contractor
may if so desired by him be made to his bank instead of direct to him provided that the
contractor furnishes to the Engineer-in-Charge (1) an authorization in the form of legally valid
document 'such as a power of attorney conferring authority on the bank to receive payments
and (2) his own acceptance of the correctness of the account made out as being due to him by
BSNL of his signature on the bill or other claim preferred against BSNL. before settlement by the
Engineer-in-Charge of the account or claim by payment to the bank. while the receipt given by
such banks shall constitute a full and sufficient discharge for the payment the contractor should
wherever possible present his bills duly receipted and discharge through his bankers.



       Nothing herein contained shall operate to create in favour of the bank any rights of
equities vis-avis the BSNL.

CLAUSE 10(STORES SUPPLIED BY BSNL) : Stores supplied by BSNL If the specification or
schedule of items provided for the use of any special description of materials to be supplied from
Engineer-in-charge's Stores or it is required that the contractor, shall have certain stores to be
provided by the Engineer-in-charge as shown in the schedule of materials hereto annexed, the
contractor shall be bound to procure and shall be supplied such materials and stores as are from
time to time require to be used by him for the purpose of the contract only, and the value of the
full quantity of materials and stores so supplied at the rates specified in the said schedule of
materials may be set off deducted from any sum then due, or thereafter to become due to
contractor under the contract, or otherwise or against or from the security deposit, the proceeds
of sales thereof if the same is held in Govt. security deposit, or the proceeds of sales thereof if
the same held in Govt. securities the same or a sufficient portion thereof being in this case sold
for the purpose. Not-withstanding anything to the contrary, contained in any other clause of the
contract, and or the CPWD code all stores/materials so supplied to the contractor or procure<;i
with the assistance of the Govt. shall remain the absolute property of the Government and the
contractor shall be trustee of the store/materials and the said stores/ materials shall not be
removed/disposed of from the site of work on any account and shall be at all times open to
inspection by the Engineer-in-charge. Any such stores/materials remaining unused shall be
returned to the Engineer-in-charge at a place directed by him if by a notice by him he shall so
require but in case it is decided not to take back the store/materials the contractors shall have
no claim for the compensation on any account of such stores materials so supplied to him as
aforesaid and not used by him or any wastage to in or damages of such stores/materials.


      On being required' to return the stores/materials, the contractor, shall hand over the

                                                                                                        44
CONTRACTOR                           SDE(E)                               EE(E)
  stores/ materials on being paid or credited such price as the Engineer-in-charge shall determine,
  having due regard to the condition of the stores/materials. The price allowed to the contractor,
  however shall not exceed the amount charged to him, excluding the storages if any. The
  decision of the Engineer-in-charge shall be final and conclusive. In the event of breach of the
  aforesaid condition, the contractor shall in addition to throwing himself open to account for
  contravention of the terms of the license or permit and / or for criminal breach of trust, be liable
  to BSNL. For all advantages or profits resulting or which in the usual course would have resulted
  to him by reason of such breach. Provided that contractor shall in no case be entitled to any
  compensation or damages on account of any delay in supply or non supply there-of all any such
  materials and stores.


     Provided further that the contractor shall be bound to execute the entire work if the materials
  are supplied by the BSNL within the schedule time for completion of the work plus 50% there of
  schedule time plus 6months if the time of completion of the work exceeds 12 months but if a
  part only of the materials has been supplied within the aforesaid period then the contractor shall
  be bound to do so much .of the work as may be possible with the materials and stores supplied
  in the aforesaid period. For the completion of the rest of the work, the contractor shall be
  entitled to such extension of time as may be as may be determined by the Engineer-in-charge
  whose decision in this regard shall be final.


  CLAUSE l0A: The Engineer-in-Charge shall have full powers to require the removal from the
  premises of all materials which in his opinion are not in accordance with the specifications and
  incase of default the Engineer-in-charge shall be at liberty to employ other persons to remove
  the same without being answerable or accountable for any loss or damage that may happen or
  arise to such materials. The Engineer-in-Charge shall also have full powers to require other
  proper materials to be substituted there of and in case of default the Engineer-in-Charge may
  cause the same to be supplied and all costs which may attend such removal by the substitution
  are to be borne by the contractor.


CLAUSE 10 B : The contractor on signing an indenture in the form to be specified by the
Engineer-in-charge shall be entitled to be paid during the progress of the execution of the work up
to 75% of the estimated value of any materials which are in the opinion of the Engineer-in-charge
non perishable and are in accordance with the contract and which have been brought on the site in
connection therewith and are adequately stored and/or protected against damage by weather or
other causes but which have not at the time of advance been incorporated in the works. When
materials on account of which an advance has been made under this sub-clause are incorporated
in the work the amount of such advance shall be deducted from the next payment made under any
of the clause or clauses of this contract.


CLAUSE 10 c: If during the progress of the work the price of any materials incorporated in the
works (not being a material supplied from the Engineer-in-charge, stores in accordance with clause
10 hereof) and/of wages of labour increases as a direct result of the coming into force of any fresh
law of statutory rule or order (but not due to any changes in sales tax) and such increase exceeds
ten percent of the price and or wages prevailing at the time of receipt of the tender for the work
and the contractor thereupon necessarily and properly pays in respect of that material
(incorporated in the works) such increased price and or in respect of labour engaged on the
execution of the work at such increased wages then the amount of the contract shall accordingly
be varied provided always that any increase so payable is not, in the opinion of the superintending
Engineer (whose decision shall be final and binding) attributable to delay in the execution of the
contract' within the control of the contractor

        Provided, however, no reimbursement shall be made if the increase is not more than 10%
                                                                                                         45
  CONTRACTOR                          SDE(E)                               EE(E)
 of the said prices/wages and if so the reimbursement shall be made only on the excess over 10%
 and provided further that any such increase shall not be payable if such increase has become
 operative after the contract or extended date of completion of the work in question.

           If during the progress of the works the price of any materials incorporated in the work
(not being a material supplied from the Engineer-in-charge's store in, accordance with clause 10
hereof) and/or wages of labour is decreased as a direct result of the coming into force of any fresh
law or statutory rules or order (but not due to any changes in sales tax) and such decrease exceeds
ten percent of the price and or wages prevailing at the time of receipt or the tender for the work
BSNL shall in respect of materials incorporated in the works (not being materials supplied from the
Engineer-in-charge's stores in accordance with Clause 10 hereof) and of labour engaged on the
execution of the work after the date of coming into force of such law, statutory rule or order entitled
to deduct from the dues of the contractor such amount as shall be equivalent to difference between
the prices of material and/or wages as they prevailed at the time of receipt of tender for the work
minus ten percent thereof and the prices of materials and/or wages of labour on the coming into
force of such law, statutory rule or order.


    The contractor shall for the purpose of this conditions keep such books of account and other
documents as are necessary to show the amount of any increase claimed or reduction available and
shall allow inspection of the same by a duly authorized representative of BSNL and further shall be
at the request of the Engineer-in-charge furnish, verified in such a manner as the Engineer-in-
charge may require any documents so kept and such other information as the Engineer-in-charge
may require.


    The contractor shall with reasonable time of his becoming aware of any alteration in the price of
any material and/or wages of labour give notice thereof to the Engineer-in-charge stating that the
same is given pursuant to this condition together with all information relating thereto which he may
be in a position to supply.


    If the labour Ministry decided to enforce the provision of the contract labour Act for payment of
the same to contract labour as that of the labour employed by the Principal Employer. Viz. P & T
that wages described in the schedule for fair wages attached with the tender would stand revised
and .the difference of wages then payable would be borne entirely by the BSNL less the first 10% as
per Clause 10-C of the agreement.


    Clause 10 (cc) : If the prices of materials (not being materials supplied or services rendered at
fixed prices by the BSNL in accordance with clauses 10 and 34 hereof) and / or wages of labour
required for execution of the work increase, the contractor shall be compensates for such increase
as per provisions detailed below and the amount of the contract shall accordingly be varied, subject
to the conditions that such compensation for escalation in prices shall be available only for the work
done during the stipulated period of the contractor including such period for which the contract is
validly extended under the provisions of clause 5 of the contract extended without any action under
clause 2 and also subject to the condition that no such compensation shall be payable for a work for
which the stipulated period of completion is 6 months or less. Such compensation for escalation in
the prices of materials and labour, when due, shall be worked out based on the following provisions.
    (l) The base data for working out such escalation shall be the last date on which tenders were
stipulated to be received.
    (2) The cost of work on which escalation will be payable shall be reckoned as 85% of the cost of
work as per the bills, running or final and from this amount the value of materials, supplied under
clause 10 of this contract or services rendered at fixed charges as per clause 34 of this contract,
and proposed to be recovered in the particular bill, shall be deducted before the amount of
compensation of escalation. is worked out in the case of materials brought to site for which any
                                                                                                          46
   CONTRACTOR                           SDE(E)                              EE(E)
   secured advance is included in the bill, the full value of such materials as assessed by the Engineer-
   in-charge (and not the reduced amount for which secured advance has been paid) shall be included
   in the cost of work done for operation of this clause. Similarly when such materials are incorporated
   in the work and the secured advance is deduced from the bill, the full assessed value of the
   materials originally considered for operation of this clause should be deducted from the cost of the
   work shown in the bill running or final. Further the cost of work shall not include any work for which
   payment is made under clause 12 or 12 (a) at prevailing market rates.
       (3) (a) The components or materials, labour P.O.L. etc. has been pre-determined for every work
   and incorporated in the conditions of contract attached to the tender papers and the decision of the
   Engineer-in-charge in working out such percentages shall be binding on the contractor.
       (b) The components of material labour as indicated in para 3 of sub clause 10(cc) have been
   pre-determined as below:


             (a) Material                        75 percent (X)
             (b) Labour                          25 percent(Y)

             Total                               100


       (4) The compensation for escalation for materials and P.O.L. shall be worked out as per the
formula given below:
      (i)VM=W x X/ 100 x (MI-Mlo) / 100

VM=Variation in materials cost i.e., increase or decrease in the amount in rupees to be paid or
recovered.

W=Cost or work done worked out as indicated in sub para 2 above.

X=Component of materials expressed as percent of the total value of work.


Ml&Ml0=All India whole sale index for all commodities of the period under reckoning. as published by
the Economic Adviser to Govt. of India. MIO Industry and commerce for the period under consideration
and that valid at the time of receipt of tenders respectively.
          VF=WX Z/100x(FI-Flo) / Fl0
       V=Variation in cost of fuel, oil and lubricant, increase or decrease in rupees to be paid or
       recovered.
      W=Value of work done worked out as indicated in such para 2 above.
      Z=Compensation of P.O.L. expressed as a percent of total value of work as indicated under the
      special conditions of contract.
      Fl & Flo = Average, index number of wholesale price for group (fuel power4 light and lubricants)
      as published weekly by the Economic Adviser to Govt. of India. MIO. Industry for the period
      under reckoning, and that valid at the time of receipt of tenders, respectively.
      5) The following principles shall be followed while working out the indices mentioned in para 4
      above.
      a) The compensation for escalation shall be worked out at quarterly intervals and shall be with
      respect to the cost of work done during the three calendar months of the said quarter. The first
      such payment shall be made at the end of three months after the month (excluding) in which
      the tender was accepted and thereafter at three months interval. At the time of completion of
      the work, the last period for payment might become less than 3 months, depending on the
      actual date of completion.

                                                                                                            47
      CONTRACTOR                          SDE(E)                              EE(E)
b) The index (MI/FI etc.,) relevant to any quarter for which such compensation is paid shall be
the arithmetical average of the indices relevant to the three calendar months. If the period up to
date of completion after the quarter covered by the last such installment of payment is less than
3 months the index M 1 and F 1 shall be the average of the indices for the months falling within
that period.
c) The base index Ml 0 Fl 0 etc., shall be the one relating to the month in which tender was
stipulated to be received.


6. The compensation for escalation for labour shall be worked out as per the formula given
below:

(i) VL=w x y /100 X L1-L10 / L10

VL=Variation in labour cost i.e., amount of increase or decrease in Rupees to be paid or
recovered.
W=Value of work done, worked out as indicated in Sub para 2 above.


Y=Component of labour expressed as a percentage of the total value of the work.
L10=Minimum daily wage in Rupees of an unskilled adulfmade mazdoor, as fixed under any
laY\', statutory rule or order as on the last date on which tenders for the work were to be
received.


L1=Minimum wage in rupees of an unskilled adult male mazdoor, as fixed under any law,
statutory rule of order as applicable on the last day of the quarter previous to the one during
which the escalation is being paid.
(7) The following principles will be followed while working out the compensation as per Sub-para
6 above.

 (a) The minimum wage of an unskilled male mazdoor mentioned in sub-para 6 above shall be
the higher of the following two figures, namely those notified by Govt. of India, M/O Labour and
those notified by the local administration, both relevant to the place of work and the period of
reckoning.
(b) The escalation for labour also shall be paid at the same quarterly intervals when escalation
due to increase in cost of materials and/or P.O.L. is paid under this clause. If such revision of
minimum wages takes place during any such quarterly intervals, the escalation compensation
shall be payable for work done in all quarters subsequent to the quarter in which the revision of
minimum wages takes place.
(c) Irrespective of variations in minimum wage of any category of labour, for the purpose, of
this clause, the variation in the rates for an unskilled adult male mazdoor alone shall form the
basis for working out the escalation compensation payable on the labour component,.


(8) In the event of the price of materials and or wages of labour required for execution of work
decrease(s) there shall be downward adjustment of the cost of work so that such price of
materials and! or wages of labour shall be deductable from the cost of work under this contract
and in this regard the formula herein before stated under this clause 10 (cc) shall mutatis
mutandis apply, provided that.
(i) No such adjustment for the decrease in the price of materials and or wages of labour afore
mentioned would be made in case of contracts in which the stipulated period of completion of
the work is six months or less:

                                                                                                     48
CONTRACTOR                          SDE(E)                              EE(E)
(ii)The Engineer-in-charge shall otherwise be entitled to lay down the principles on which the
provision of this sub-clause shall be implemented from time to time and the decision of the
Engineer-in-charge in this behalf shall be final and binding.


Provided always that the provision of the proceeding clause 10 (c) shall not be applicable for
contracts where provisions of this clause are applicable but in cases where provisions of this
clause are not applicable, the provisions of clause 10 (c) will become applicable.
CLAUSE l0D: The contractor shall treat all materials obtained during dismantling of a structure,
excavation of the site for a work etc. as BSNL property and such materials shall be disposed of
to the best advantage of BSNL according to the instructions in writing issued by the Engineer-in-
charge.


CLAUSE 10 E : The recovered rate of cement is inclusive of cost of jute or paper bags. The
contractor shall be at liberty to dispose the empty bags.

CLASE 10F (i) : Tendered rates are inclusive of all taxes and levies payable under the
respective statues. However pursuant to the constitution (forty sixth amendment) Act, 1982, if
any further tax or levy is imposed by statues, after the date of receipt of tenders, and the
contractors thereupon necessarily and properly pays such taxes/levies the contractor shall be
reimbursed the amount so paid provided such payment, if any, is not in the opinion of
Superintending Engineer, (whose decision shall be final and binding attributable to delay in
executing of work within the control of the contractor.


(ii) The contractor shall keep necessary books of accounts and other documents for the purpose
of this condition. as may be necessary and shall allow inspection of the same by a duly
authorized representative of BSNL and further shall furnish such other Information/documents
as the Engineer-in-charge may required. .


(iii)   The contractor shall within a period of 30 days of imposition of any further tax or levy.
        Pursuant to the constitution (Forty Sixth Amendment) Act 1982 give a written notice
        thereof to the Engineer-in-charge that the same is given pursuant to this condition
        together with all necessary information relating thereto.

CLAUSE 11 (WORK TO BE EXECUTEDIN ACCORDANCE WITH SPECIFICATIONS,
DRAWINGS ORDERS ETC.): The contractor shall execute the whole and every part of the work
in the .most substantial and workman like manner and both as regards materials and otherwise
in every respect in strict accordance with the specifications. The faithfully to the designs,
drawings and instructions in writing in respect of the work signed by the Engineer-in-charge and
the contractor shall be furnished free of charge one copy of the specification and of all such
design, drawings and instructions as are not included in the Central Public Works Department
compilation entitled "Specifications 1996 Vol. 1 to VI with up to date correction slips or any
other printed publication on General Specifications referred to elsewhere in the contract.

CLAUSE 12(ALTERATIONS IN SPECIFICATIONS AND DESIGNS): The Engineer-in-charge
shall have power to make any alterations in omission from, additions to or substitutions for, the
original specifications, drawings, designs and instruction that may appear to him to be
necessary during the progress of the work and contractor shall carry out the work in accordance
with any instructions which may be given to him in writing signed by the Engineer-in-charge,
and such alterations, omissions, additions or substitutions shall not invalidate the contract and
any altered, additional or substituted work which the contractor may be directed to do in the
manner above specified as part of the work shall be carried out by the contractor on the same
conditions in all respect on which he agreed to do the main work. The time for the completion of
                                                                                                    49
CONTRACTOR                          SDE(E)                             EE(E)
the work shall be extended in the proportion that the altered, additional or substituted work
bears to the original contract work' and the certificate of the Engineer-in-charge shall be
conclusive as to such proportion. Over and above this, further period to the extent of 25 percent
such extensions shall be allowed to the contractor. The rates for such additional, altered or
substituted work under this clause shall be worked out in accordance with the following
provisions in their respective order

(i) If the rates for the additional altered or substituted work are specified in the contract for the
work the contractor is bound to carry out the additional altered or substituted work at the same
rates as are specified in the contract for the work.

(ii) If the rates for the additional, altered or substituted work are not specifically provided in the
contract for the work, the rates will be derived from the rates for a similar class of work as are
specified in the contract for the work.



(iii) If the altered, additional or substituted works include any work for which no rate is specified in
the .contract for the work and cannot be derived from the similar class C.P.W.O. Schedule of rates
.................................applicable to    for part A & B items of works.


(a) CPWO schedule of rates for building portion minus/plus........ . Percentage which the total
tendered amount of the concerned component work bears to the estimated cost of the
concerned component work put to tender.

(b) CPWD schedule of rates at Minus/Plus ... ... .. . . .. . .. Percentage which the total tendered
amount of the sanitary, water supply and drainage portion bears to the estimated cost of the
above portion of work put to tender.


(c) CPWD schedule of Rates for Minus / Plus. .. . .. .. ... Percentage for which the total tendered
amount of the Electrical portion bears to the estimated cost of the above portion of work put to
tender.


(iv) If the rates for the altered, additional or substituted work cannot be determined in the
manner specified in sub-clauses (i) to (ii) above, then the rates for such work shall be worked
out on the basis of the schedule of rates of the concerned work specified above minus/plus the
percentage as mentioned in clause 12 (iii) above which the total tendered amount of the
concerned component work to the estimated cost of the entire work put to tender. Provided
always that if the concerned component rate for a particular part or parts of the item is not in
the schedule of Rates, the rate for such part or parts will be determined by the Engineer-in-
charge on the basis of the prevailing market rates when the work was done.


 v) If the rates for the altered, additional or substituted work cannot be determined in the
manner, specified in sub-clauses (i) to (iv) above, then the contractor shall within 7 days of the
date of receipt of order to carry out the work, inform the Engineer-in-charge of the rate which it
is his intention to charge for such class of work, supported by analysis of the rate or rates
claimed, and the Engineer-in-charge shall determine the rate or rates on the basis of prevailing
market rates and pay the contractor accordingly. However the Engineer-in-charge, by notice in
writing, will be at liberty to cancel his order to carry out such class of work and arrange to carry
it out in such manner as he may consider advisable. But under no circumstances the contractor
shall suspend the work on the plea of non-settlement of rates of items falling under the clause.

                                                                                                           50
CONTRACTOR                                   SDE(E)                           EE(E)
(vi) Except in case of items relating to foundations, provisions contained in sub-clause(i) to (v)
above shall not apply to contract or substituted items as individually exceed the percentage set
out in the tender documents (referred to herein below as deviation limit), subject to the
following restrictions :

(a) The deviation limit referred to above is the act effect (algebraic sum) of all additions and
deductions ordered.
(b) In no case shall be additions/deductions (arithmetical sum) exceed twice the deviation limit.


(c) The deviations ordered on items of any individual trade not already included in the contract
shall not exceed plus/minus 50% of the value of that trade in the contract as a whole or half the
deviation limit, whichever is less.


(d) The value of additions of item of any individual trade not already included in the contract
shall not exceed 10% of the deviation limit.

NOTE: "Individual trade" means the trade sections into which a schedule of quantities annexed
to the agreement has been divided or in the absence of any such division, the individual sections
of the C.P. W.O. schedule of Rates specified above, such as excavation and earth work,
concrete, wood work and joinery etc.

The rates of and such work except the items relating to foundations which is in excess of the
deviation limit shall be determined to in accordance with the provisions contained in Clause
12A.

For the purpose of operation of clause 12(iv) the following works shall be treated as works
relating to foundations:

(a) For buildings, plinth level or 1.2 metre above ground level whichever is lower, excluding
items above flooring and D_P.C. but including base concrete below the floors.

(b) For abutments piers, retaining walls of culverts and bridges wall of water reservoirs the bed
of floor level.

(c) For retaining wall where floor level is not determinate 1.2 metre above the average ground
level of bed level.

(d) For roads, all items of excavation and filling including treatment of sub-base and soiling
work.

(e) For water supply lines, sewer lines, under ground storm water drains and similar works, all
items of work below ground level except items of pipe work proper, masonry work.
(f) For open storm water drains all items of work except lining of drains.

CLAUSE 12A: In the case of contract or substituted items, or additional items which result in
exceeding the limits laid down in Sub-Clause (vi) of Clause 12 except the items relating to
foundation work, which the contractor is required todo under clause 12 above, the contractor
shall, within 7 days from the receipt of order, claim revision of the rate supported by proper
analysis in respect of such items for quantities in excess of the deviation limit, not withstanding
the fact that the rates for such items exist in the tender for the main work or can be derived in
                                                                                                      51
CONTRACTOR                          SDE(E)                              EE(E)
accordance with the provisions of sub-clause (ii) of Clause 12, and the Engineer-in-charge may
revise their rates, having regard to the' prevailing market rates and the contractor shall be paid
in accordance with the rates so fixed. The Engineer-in-charge shall, however, be at liberty to
cancel his order to carry out such increased quantities of work by giving notice in writing to the
contractor and arrange to carry it out in such manner as he may consider advisable. But under
no circumstances the contractor shall suspend the work on the plea of non-settlement of rates
of items falling under this clause.

All the provisions of the proceeding paragraph shall equally apply to the decrease in the rates of
items for quantities in excess of the deviation limit, notwithstanding the fact that the rates for
such items exist in the tender for the main work or can be derived in accordance with the
provisions of sub clause (ii) of the preceding clause 12, and the Engineer-in-charge may revise
such rates having regard to the prevailing market rates.

CLAUSE 13(NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK TO
BE CARRIED OUT): If at any time after the commencement of the work the BSNL shall for any
reason whatsoever not require the whole thereof as specified in the tender to be carried out the
Engineer-in-charge shall give notice in writing of the fact to the contractor who shall have no
claim in any payment of compensation whatsoever on account of any profit or advantage which
he might have derived from the execution of the work in full, but which he did not derive in
consequence of the full amount of the work not having been carried out, neither shall he have
any claim for compensation by reason of any alterations having been made in the original
specifications drawings, designs and instructions which shall involve any curtailment of the work
as originally contemplated.

Provided that the contractor shall be paid the charges on the cartage only of materials actually
and bona fide brought to the site of the work by the contractor and rendered surplus as a result
of the abandonment or curtailment of the work or any portion thereof and then taken by the
contractor, provided however, that the Engineer-in-charge shall have in all such cases the option
of taking over all or any such materials at their purchase price or at local current rates
whichever may be less.

In the case of such stores having been issued from BSNL stores and returned by the contractor
to BSNL stores, credit shall be given to him by the Engineer-in-charge at rates not exceeding
those at which they were originally issued to him, after taking into consideration and deduction
for claims on account of any deterioration or damage while in the custody of the contractor and
in this respect the decision of the Engineer-in-charge shall be final.

CLAUSE 14(ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK) : If it shall
appear to the Engineer-in-charge or his subordinate in charge of the work or by the chief
Technical Examiner, that any work has been executed with unsound, imperfect, or un skilful
workmanship or with materials of any inferior description, or that any materials or articles
provided by him for the execution of the work are unsound or of a quality inferior to that
contracted for or otherwise not in accordance with the contract, the contractor shall on demand
in writing which shall be made within six months of the completion of the work from the
Engineer-in-charge specifying the work, materials or articles complained of not withstanding
that the same may have been passed, certified and paid for forthwith rectify, or remove and
reconstruct the work so specified in whole or in part, as the case may require or as the case
may be remove the materials or articles so specified and provide other proper and suitable
materials or articles at his own proper charge and cost; and in the event of his failing to do so
within a period to be specified by the Engineer-in-charge in his demand aforesaid, then the
contractor shall be liable to pay compensation at the rate of one percent on the estimated
amount put to tender for everyday not exceeding ten days, while his failure to do so shall
continue and in the case of any such failure, the Engineer-in-charge may rectify or remove and
                                                                                                     52
CONTRACTOR                          SDE(E)                              EE(E)
re execute the work or remove and replace with others, the materials or articles complained of
as the case may be at the risk and expense in all respects of the contractor.


CLAUSE 15(WORK TO BE OPEN TO INSPECTION) : All work under or in course of execution
or executed in pursuance of the contract shall at all times be open to inspection and supervision
of the Engineer-in-charge and his authorized subordinates, and the contractor shall at all times
during the usual working hours and at all other times at which reasonable notice of the intention
of the Engineer-in-charge or his subordinate to visit the works shall have been given to the
contractor, either himself the present to receive order and instructions, or have a responsible
agent duly accredited in writing present for that purpose. Orders given to the contractor's agent
shall be considered to have the same force as if they had been given to the contractor himself.
The work during its progress can also be inspected by the chief Technical Examiner on behalf of
the Engineer-in-Charge.


 CLAUSE 16(NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP): The contractor shall
give not less than seven days notice in writing to the Engineer-in-Charge or his authorized
subordinate in charge of the work before covering up of otherwise placing beyond the reach of
measurements any working order that the same may be measured and correct dimensions
thereof be taken before the same is so covered up or placed beyond the reach of measurement
and shall not cover up and place beyond the reach of measurement any work without the
consent in writing of the Engineer-in-charge or his authorized subordinate in charge of the work
who shall be covered up or placed beyond the reach of measurement without such notice having
been given or the Engineer-in-Charge's consent being obtained the same shall be uncovered at
the contractor's expense, or in default there of no. payment or allowance shall be made for such
work or the materials with which the same was executed.

CLAUSE 17(CONTRACTOR LIABLE FOR DAMAGR DONE AND FOR INPERFECTIONS
NOTICED WITH IN THE PRECRIBED MAINTENANCE PERIOD AFTER THE CERTIFICATE):
If the contractor or his working people or servants shall break, deface injure or destroy any part
of building in which they may working of any building, road, road Kerb, fence, enclosure, water
pipe, cables, drains, electric telephone post or wires, trees, grass, grassland or cultivated
ground contiguous to the premises on which the work or any part of its is being executed, or if
any damages shall happen to the work while in progress, from any cause whatever or, if any
defect, shrinkage or other facts appear in the work within twelve months (6 months in the case
of any work other than road work costing Rs1,00,000 and below) after a certificate final or
otherwise of its completion shall have been given by the Engineer-in-Charge as aforesaid arising
out of defective or improper materials of workmanship the contractor shall upon’s receipt of a
notice in writing on that behalf make the same good at his own expense, or in default the
Engineer-in-Charge may cause the same to be made good by other workmen and deduct the
expense from any sums that may be due or at any time thereafter may become due to the
contractor or from security deposit, except for the potion pertaining to aspartic work which is
governed by sub Para (iii) of Clause 35 or the proceeds of sale thereof or of a sufficient portion
thereof. The security deposit of the contractor, except for the portion pertaining to aspartic work
which is governed by sub Para (iii) of Clause 35, shall not be refunded before the expiry of
twelve months (six months in the case of any work other than road work costing Rs1,00,000
and below) after the issue of the certificate final or otherwise, of completion of work, or till the
final bill has been prepared and passed whichever is later. Provided that in the case of road
work, if in the opinion of the Engineer-in-Charge half of the security deposit will be refundable
after six months and the remaining half after twelve months of the issue of the said certificate of
completion or after the final bill has been prepared and passed whichever is later.

CLAUSE 18(CONTRACTOR SUPPLY ALL PLANT, LADDER,SCAFOLDING ETC.): The
contractor shall supply and provide at his own cost all materials, (except such special materials,

                                                                                                       53
CONTRACTOR                          SDE(E)                               EE(E)
if any, as may in accordance with the contract be supplied from the Engineer-in-Charge's stores)
plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works
requisite or proper for the proper execution of the work, whether original, altered or substituted
and whether included in the specification or other documents forming part of the contract or
referred to in these conditions or not, or which may be necessary for the purpose of satisfying or
complying with the requirements of the Engineer-in-Charge as to any matter as to which under
these condition he is entitled to be satisfied or which he is entitled to require together with
carriage therefore to and from the work. The contractor shall also supply without change the
requisite number of persons with the means and materials, necessary for the setting out works,
and counting, weighing and assisting in the measurement or examination at any time and from
time to time of the work or materials. Failing his so doing the same may be provided by the
Engineer-in-charge at the expense of the contractor and the expense may be deducted, from
any money due to the contractor under the contract and/of from his security deposit or the
proceeds of sale thereof, of or a sufficient portions thereof.

CLAUSE 18 A: In every case in which by virtue of the provisions of Section 12, sub-section(i) of
the Workmen's Compensation Act 1923 BSNL is obliged to pay compensation to a workman
employed by the contractor, in execution of the works. BSNL will recover from the contractor
the amount of the compensation so paid; and without prejudice to the rights of the BSNL under
Section 12 sub-section (ii) of the said Act. BSNL shall be at liberty to recover such amount or
any part there of by deducting it from the security deposit or from any sum due by BSNL to the
contractor whether under this contract or otherwise BSNL shall not be bound to contest any
claim made against it under section 12, sub-section (i) of the said Act, except on the written
request of the contractor and upon his giving to BSNL full security for all costs for which BSNL,
might become liable in consequence of contesting such claim.

CLAUSE 18 B: In every case in which by virtue of the provisions of the Contract Labour
(Regulation and Abolition) Act 1970 and of the Contract Labour (Regulation and Abolition)
Central Rules, 1971 BSNL is obliged to pay any amounts of wages to a workman employed by
the contractor in execution of the works, or to incur any expenditure in providing welfare and
health amenities required to be provided under the above said Act and the Rules, under Clause
19H or under the contractors' Labour Regulations, or under the Rules framed by Government
from time to time for the protection of health and sanitary arrangement for workers employed
by the contractors BSNL will recover form the contractor the amount of wages so paid or the
amount of expenditure so incurred; and without prejudice to the rights of the BSNL under
section 20 sub section (2) and section 21, sub section (4) of the contractor Labour (Regulation
and Abolition) Act 1970. BSNL shall be at liberty to recover such amount of any part thereof by
deducting if from the security deposit of from any sum due by BSNL to the contractor whether
under this agreement otherwise BSNL shall not be bound to contest any claim made against it
under section 20, sub-section (l) and section 21, sub-section (4) of the said Act, except on the
written request of the contractor and upon his giving to the BSNL full security for all costs for
which BSNL might become liable in contesting such claim.
CLAUSE 19(LABOUR): The contractor shall obtain a valid license under the contract Labour
(R&A) Act 1970 and the Contract Labour (Regulation and' Abolition) Central Rules, 1971 before
the commencement of the work and continue to have a valid license until the completion of the
work.
           Any Failure to fulfill this requirement shall attract the penal provisions of this contract
arising out of the resultant non-execution of the work.
CLAUSE 19A: No labourer below the age of eighteen years shall be employed on the work.

CLAUSE 19B (FAIR WAGE CLAUSE) : Payment of wages: (a) The -contractor shall pay to
labour employed by him either directly or through sub-contractors, wages not less than fair
wages as defined in the contractor's Labour Regulations or as per the provisions of the contract
Labour (Regulations and Abolition) Act 1970 and the Contract Labour (Regulation and Abolition)
central Rules 1971, wherever applicable. The contractor shall pay not less than fair wages as
                                                                                                         54
CONTRACTOR                           SDE(E)                               EE(E)
prescribed under minimum wages Act.

Short Note: Supreme Court's observation dated 18-9-1982:

Whatever is the minimum wage for the time being or if the wage payable is higher than such
wage, shall be paid by the contractor to the workman directly without the intervention of
Jamadar and that Jamadar shall not be entitled to deduct or recover any amount from the
minimum wage payable to the workmen as and by way of commission or other wise.

 The contractor shall ensure that no amount by way of commission or otherwise is deducted or
recovered by the Jamadar from the wage of workmen.

(b) The contractor shall, not withstanding the provisions of any contract to the contrary, cause
to be paid fair wage to labour indirectly engaged on the work, including any labour engaged by
his subcontractors in connection with the said work, as if the labour had been immediately
employed by him.

(c) In respect of all labour directly or indirectly employed in the works for performance of the
contractor's part of this agreement the contractor shall comply with or cause to be compiled with
the Contractors Labour Regulations made by Government from time to time in regard to
payment of wages, wage period deductions from wages, recovery of wages not paid and
deductions unauthorized made; maintenance of wage book_ or wage slips, publications of scale
of wages and other terms of employment inspection and submission of periodical returns and all
other matters of the like nature or as per the provisions of the Contract Labour (Regulation and
Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971,
wherever applicable.

d) The Divisional Officer concerned shall have the right to deduct the moneys due to the
contractor any sum required or estimated to be required for making good the loss suffered by a
women workers or by reason of non fulfillment of the conditions of the contract for the benefit of
the workers non-payment of wages or of deductions made from his or their wages which are not
justified by their terms of the contract or non observance of the Regulations.

e) The contractor shall comply with the provisions of the payment of Wages, Act, 1956 Minimum
Wages Act 1948, Employees Liability Act 1938, Workmen's compensation Act 1936 Industrial
Disputes Act 1947, Maternity Benefits Act 196 I and the Contractor's Labour (Regulations and
Abolition) -.Act 1970 or the modifications thereof or any other laws relating thereto and the
rules made there under from time to time.

f) The Contractor shall indemnify BSNL against payments to be made under and for the
observance of the Laws aforesaid and the contractors, Labour Regulation without prejudice to
his right to claim indemnity from his sub-contractors.

(g) The regulations aforesaid shall be deemed to be a part of this contract and any breach
thereof shall be deemed to be a breach of this contract.

CLAUSE 19C: In respect of labour directly or indirectly employed in the work for the
performance of the contractors part of this agreement, the contractor shall at his own expense
arrange for the safety provisions as per safety code framed time to time and shall at his own
expense provide from all facilities in connection therewith. In case the contractor fails to make
arrangement and provide necessary facilities aforesaid he shall be liable to pay a plenty of
Rs200 for each default and in addition the Engineer-in-Charge shall beat liberty to make
arrangement and provide facilities as aforesaid and recover the costs incurred in that behalf
from the contractor.
                                                                                                     55
CONTRACTOR                          SDE(E)                              EE(E)
      CLAUSE 19D: The contractor shall submit, by the 4th and 19th of every month, to the Engineer-
      in-charge a true statement showing, in respect of the second half of the proceeding month and
      the first half of the current month respectively:
      I) The number of labours employed by him on the work.
      2) Their working hours.
      3) The wages paid to them.
      4) The accidents that occurred during the said fortnight showing the circumstances under which
      they happened and the extent of damage and injury caused by them, and
      5) The number of female workers who have been allowed Maternity benefit according to Clause
      19F and the amount paid to them.
      Failing which the contractor shall be liable t_ pay to BSNL a sum not exceeding Rs. 200 for each
      default of materially in correct statement. The decision of the Divisional Officer shall be final in
      deducting from any bill due to the contractor the amount levied as fine.
      CLAUSE 19E(Health Sanitary arrangements for workers): In respect of all labour directly
      or indirectly employed in the works for the performance of the contractor's .part of this
      agreement, the contractor shall comply with or cause to be complied with all the rules framed by
      Government from time to time for the protection of health and sanitary arrangements for
      workers employed by the BSNL (civil wing) and its contractors.
      CLAUSE 19F: Leave and pay during leave shall be regulated as follows:
      1. LEAVE:
      (i) In case of delivery, maternity leave not exceeding 8 weeks, 4 weeks up to and including the
      day of delivery and 4 weeks following that day.
      (ii) In the case of miscarriage up to 5 weeks from the date of miscarriage.
      Maternity benefit rules for female workers employed by contractor

      2. PAY:
      (i) In the case of delivery... ... .....leave pay during maternity leave will beat the rate of the
      women's average daily earnings, calculated on the total wages earned on the days when full
      time work was done during a period of 3 months immediately preceding the date on which she
      gives notice that she expect to be confined or at the rate of Rupee one only a day which ever is
      greater.
      (ii) In case of miscarriage. . . . .. . . . .leave pay at the rate of average daily earning calculated
      on the total wages earned on the days when full time work was done during a period of 3
      months immediately proceeding the date of such miscarriage.

      3. CONDITIONS FOR THE GRANT OF MATERNITY LEAVE:
      No maternity leave benefit shall be admissible to a woman unless she has been employed for a
      total period of not less than 6 months immediately proceeding' the date on which she proceeds
      on leave.         '
      4. The contractor shall maintain a Register of Maternity (Benefit in the prescribed form as shown
      below and the same shall be kept at the place of work.

       REGISTER OF MATERNITY BENEFITS (Clause 19F of the conditions of contract)

      Name and address of the    contractor(s)______________________________
      Name and location of the   work ____________________________________
Name of the Father/Husband        Nature     of Period of actual Nature of which notice
employee    Name                  employment     Employment      of confinement given.

1               2                3                4                  5


                                                                                                               56
      CONTRACTOR                           SDE(E)                               EE(E)
                           Date on which maternity leave commenced and ended


 Date of delivery/           In case of delivery                In case of miscarriage
 miscarriage           Commenced        Ended               Commenced       Ended

 6                     7                8                   9                 10



                                     Leave pay paid to the employee

 In case of delivery                    In case of miscarriage                      Remarks

 Rate   of   leave     Amount paid      Rate of leave pay       Amount paid
 pay




Specimen form of the Register, regarding Maternity Benefit
Admissible to the contractor's labour in
BSNL (Civil / Elec. Wing)
 Name of the work _____________________________

 Name of the contractor______________________________________________



 1. Name of the women and her 'husband's Name.
 2. Designation
 3. Date of appointment.
 4. Date with months and years in which she is employed
 5. Date of discharge/dismissed, if any:
 6. Date of production of certificate in respect of pregnancy:
 7. Date on which the women informs about the expected delivery:
 8. Date of delivery/miscarriage death:
 9. Date of production of certificate in respect of delivery/miscarriage:
 10. Date with the amount of maternity/death benefit paid in advance of expected delivery:
 11. Date with the amount of subsequent payment of maternity benefit:'
 12. Name of the person nominated by the woman to receive the payment of the maternity benefit after
 her death:
        13. If the woman dies, the date of her death, the name of the person to whom maternity benefit
        amount was paid, the month thereof and the date of payment:'
        14. Signature of the contractor authenticating entries in the register.
        15. Remarks column for the use of inspecting Officer:

         CLAUSE 19 G: In the event of the contractor(s) committing a default or breach of any of the
        provisions of the BSNL contractors Labour Regulations and Model Rules, and Provision of the
        Central Labour (Regulation and abolition Central Rules 1970 and contract labour (R & A) Central
        Rules 1971 for the protection of health and sanitary arrangements for the workers as amended
        from time to time or furnishing any information or submitting or filing any statement under the
        provision of the above Regulations and Rules which is materially incorrect, he/they shall without

                                                                                                            57
        CONTRACTOR                           SDE(E)                                EE(E)
prejudice to any other liability pay to the BSNL a sum not exceeding Rs.200 for every default,
breach or furnishing making, submitting, filing such materially incorrect statements and in' the
event of the contractor(s) defaulting continuously in this respect, the penalty may be enhanced
to Rs.200 per day for each day of default subject to a maximum of 5 percent of the estimated
cost of the work put to tender. The decision of the Engineer-in-charge shall be final and binding
on the parties.

Should it appear to the Engineer-in-charge that the contractor(s) is/are not properly observing
and complying with the provisions of the contractor's Labour Regulations and Model Rules and
the provisions of the contract Labour Regulation and abolition Act 1970 and the Contract Labour
(R&A) Central rules 1971 fo{ the protection of health and sanitary arrangement for the works
people employed by the contractor(s) (hereinafter referred as "the said Rules") the Engineer-in-
charge shall have power to give notice in writing to the contractor(s) requiring that the said
Rules be complied with and the Amenities prescribed therein be provided to the work people
within a reasonable time to be specified in the notice. If the contractor(s) shall fail within the
period specified in the notice to comply with and observe the said Rules and to provide the
amenities to the work people as afore said, the Engineer-in-charge shall have the power to
provide the amenities herein before mentioned at the cost of the contractor(s). The
contractor(s) shall erect, make and maintain at his/their own expense according and to
approved standards all necessary huts and sanitary arrangements required for his/their work
people on the site in connection with the execution of the works and if the same shall. not have
been erected or constructed, according to approved standards the Engineer-in-charge shall have
power to give notice in writing to the contractor( s) requiring that the said huts and sanitary
arrangements be remodeled and/or reconstructed according to approved standards, and if the
contractor(s) shall fail to remodel or reconstruct such huts and sanitary arrangement according
to approved standards, within the period specified in the notice the Engineer-in-charge shall
have the power to remodel or construct such huts and sanitary arrangements according to
approved standards at the cost of the contractor(s).
CLAUSE 19 H: The contractor(s) shall at his/their own cost provide sufficient numbers of
prefabricated dormitories/quarters for construction labour (thereinafter referred as the camp) of
the following specifications so as a suitable plot of land to be approved by the Engineer-in-
charge.
 I. (a) The minimum height of each prefabricated dormitory quarters for construction labour at
the caves level shall be 2.10 mt (7 ft) and the floor area to be provided will be at the rate of 2.7
sq.mt. (30 sq:ft.) For each member of the workers family staying with the labourers.
(b) The contractor(s) shall in addition construct suitable cooking places having a minimum area
of 1.80 m x 1.50 m (6'x5'),adjacent to the prefabricated dormitories /quarters for construction
labour for each family.

c) The contractor(s) shall construct sufficient number of bathing and washing places, one unit
for every 25 person residing in camp. These bathing and washing places, shall be suitably
screened.

 (d) The contractor(s) shall also construct temporary latrines and urinals, for the use of the
labourers each on the scale of not less than four per one hundred of the total strength, separate
latrines and urinals being provided for women.
 2. (a) All the pre-fabricated quarters/ dormitories for construction shall have walls of burnt brick
laid in mortar or other suitable local materials as may be approved by the Engineer-in-charge.
The external surface of walls shall be plastered with cement mortar 1:6 (1 cement: 6 fine sand).
The plinth of pre-fabricated dormitories/quarters for construction labour shall be at least 150
mm above the surrounding ground. The flooring shall be of flat bricks laid on well consolidated
earth base. The roof slab laid with AC Sheet and wooden runners/tabular sections. The
contractor shall ensure that throughout the period of their occupation the roofs remain water-
tight.
                                                                                                        58
CONTRACTOR                           SDE(E)                               EE(E)
 (b) The contractor(s) shall provide each prefabricated dormitories quarters for construction
labour with proper ventilation, consisting of windows of honey comb brick work just below the
roof projection.


(c) All doors windows and ventilators shall be provided with suitable battened and braced
shutters for security purpose.


 (d) There shall be kept an open space or at least 7.2 mt. (8 yards) between the rows of pre-
fabricated dormitories/quarters for construction labour which may be reduced to 6mt. (20ft.)
according to the availability of site with the approval of the Engineer-il1"-charge back to back
construction will be allowed.


 3. Water supply: The contractor(s) shall provide adequate supply of water for the use of
labourers. The provisions shall not be less than 2 gallons of pure and wholesome water per head
per day for drinking purposes and 3 gallon of clean water per head per day for bathing and
washing purpose. Where piped water supply is available, supply shall be at stand posts and
where the supply is from well or river, tanks which may be of metal or masonry, shall be
provided. The contractor(s) shall also at his/their own cost make arrangements for laying
pipelines for water supply to his/their labour camp from the existing mains 'wherever available,
and shall pay all fees charges therefore.


4. The site selected for the camp shall be high ground, removed from jungle.


5. Disposal of Excreta ... ..... The contractor(s) shall make necessary arrangements for the
disposal of excreta from the latrines by trenching or incineration which shall be according to the
requirements laid down by the Local Health Authorities. If trenching or incineration is not
al1owed, the contractor(s) shall make arrangements for the removal of the excreta through the
Municipal Committee/authority and inform it about the number of labourers employee so that
arrangements may be made by such committee/authority for the removal of the excreta. All
charges on this account shall be borne by the contractor and paid direct by him to the
Municipality authority. The contractor shall provide one sweeper for every 8 seats in case of dry
system.
6. Drainage - The contractor(s) shall provide efficient arrangement for drainage away sullage
water so as to keep the camp neat and tidy.
7. The contractor(s) shall make necessary arrangements for keeping the camp area sufficiently
lighted to avoid accidents to the workers.


8. Sanitation - The contractor(s) shall make arrangements for conservancy and sanitation in
the labour camps according to the rules of the Local Public Health and Medical Authorities.
CLAUSE 19-1 : The Engineer-in-charge may require the contractor to dismiss or remove from
the site of the work any person or persons in the contractors' employ upon the work who may
be incompetent or misconduct himself and the contractor shall forth with comply with such
requirements.


 CLAUSE 19-J: It shall be the responsibility of the contractor to see that the building under
construction is not occupied by any body unauthorized during construction and to handover to
the Engineer-in-charge vacant possession of complete building. If such building though
completed, if occupied illegally then Engineer-in-charge will have the option to refuse to accept
                                                                                                     59
CONTRACTOR                          SDE(E)                              EE(E)
the said building/buildings in that position and delay acceptance on this account will be treated
as delay in completion and for such delay up to 5% of the estimated cost put to tender may be
imposed by the Superintending Engineer whose decision shall be final both with regard to the
justification and quantum.


However the Superintending Engineer may require the contractor through a notice to remove
the illegal occupation any time on or before construction and delivery.


CLAUSE -20: The contractor shall comply with all the provisions of the Minimum Wages Act,
1948, Contract Labour (Regulation and Abolition) Act, 1970 and rules framed there-under labour
laws affecting contract Labour that may be brought into force from time to time.

CLAUSE – 21(WORKS NOT TO BE SUBLET CONTRACT MAY BE RESCINDED AND
SECURITY FOREFITED FOR SUBLETTING BRIBING OR IF CONTRACTOR BECOMES
INSOLVENT): The contract shall not be assigned or sublet without the written approval of
become insolvent or commence any insolvency for subletting this contract, or attempt so to do,
or become insolvent or commence any insolvey proceeding or make any composition with
creditors or attempt so to do, or if any bribe gratuity, or otherwise, shall either directly or
indirectly, be given promised or offered by the contractor, or any of his servants or agent to any
public officer or person in the employ o(BSNL in any way relating to his officer or employment,
or if any such officer or person shall become in any way directly or indirectly interested in the
contract, the Engineer-in-charge on behalf of the BSNL shall have power to adopt any of the
course specified in Clause "3 as he may deem, best suited in the interest of the BSNL and in the
event of any of these courses being adopted the consequences specified in the said Clause 3
shall ensure.

CLAUSE 22(Sum payable by way of compensation to be considered as reasonable
compensation without reference to actual loss) : All sums payable by way of compensation
under any of these conditions shall be considered as reasonable compensation to be applied to
the use of BSNL without reference to the actual loss or damage sustained and whether or not
any damage shall have been sub stained.
CLAUSE 23(Charge in constitution): Where the contractor is a partnership firm, the previous
approval in writing of the Engineer-in-charge shall be obtained before any change is made in the
constitution of the firm. Where the contractor is an individual or a Hindu undivided family
business concern such approval as aforesaid shall likewise be obtained before the contractor
enters into any partnership agreement where under the partnership firm would have the right to
carry out the work hereby undertaken by the contractor. If previous approval as aforesaid is not
obtained, the contract shall be deemed to have been assigned in contravention of Clause 21,
hereof and the same consequences shall ensure as provided in the said Clause 21.


 CLAUSE 24( Works to be under direction of Engineer-in-charge): All works to be
executed under the contract shall be executed under the direction and subject to the approval in
all respects of the Engineer-in-charge who shall be entitled to direct at what point or points and
in what manner they are to be commenced, and from time to time carried on.

 CLAUSE 25( Settlement of disputes by arbitration): Except where other wise provided in
the contract all questions and disputes relating to the meaning Of the specifications, designs,
drawings and instructions herein before mentioned and as to quality of workmanship or
materials used on the work or as to any other question claim, right, matter or thing whatsoever
in any way arising out of or relating to the contract, designs, drawings, specifications, estimates,
instructions, orders or these conditions or otherwise concerning the works, or the execution or
failure to execute the same whether arising during the progress of the work or after the
completion or abandonment thereof shall be referred to the sole arbitration of the person
                                                                                                       60
CONTRACTOR                          SDE(E)                               EE(E)
appointed by the Chief Engineer, Civil Wing. In charge of the work at the time of dispute or if
there be no Chief Engineer, the administrative head of the said BSNL at the time of such
appointment. It will be no objection to any such appointment that the arbitrator so appointed is
a BSNL servant that he had to deal with the matters to which the contract relates and that in the
course of his duties as BSNL servant he had expressed view on all or any of the matters in
dispute or difference. The arbitrator to whom the matter is originally referred being transferred
or vacating his office or being unable to act Of any reason, such Chief Engineer or administrative
head as aforesaid at the time of such transfer, vacation of office or inability to act shall appoint
another person to act as arbitrator in accordance with the terms of the contract. Such persons
shall be entitled to proceed with the reference from the stage at which it was left by his
predecessor. It is also a term of this contract that no person other than a person appointed by
such Chief Engineer or administrative head of the civil wing, as aforesaid should act as arbitrator
and if for any reason, that is not to be referred to arbitration at all. In all cases where the
amount of the claim dispute is Rs.75,000 (Seventy five thousand) and above the arbitrator shall
give reasons for the award.

Subject as aforesaid the provisions of the Arbitration and conciliation Act,1996, or any statutory
modification or re-enactment thereof and the rules made there under and for the time being in
force shall apply to the arbitration proceeding under this Clause.
It is a term of the Contract that the party invoking arbitration shall specify the dispute or
disputes to be referred to arbitration under this clause together with the amount or amounts
claimed in respect of each such dispute.


 It is also the term of the contract that if the contractor(s) does/do not make any demand for
arbitration in respect of any claim (s) in writing within 90 days of receiving the intimation from
the BSNL that the bill is ready for payment, the claim of the contractor(s) will be deemed to
have been waived and absolutely barred and BSNL shall be discharged and released of all
liabilities under the contract is respect of these claims.
The decision of the Superintending Engineer regarding the quantum of reduction as well as
justification thereof in respect of rates for substandard work which may be decided to be
accepted will be final and would not be open to arbitration. It is also a term of contract that no
person other than person appointed by such chief Engineer as above said should act as
arbitrator and if for any reason that is not possible the matter is not to be referred to arbitrator
at all.


The arbitrator(s) may from time to time with the consent of the parties enlarge the time for
making and publishing the award.


It is also term of contract that no person other than person appointed by the. Chief Engineer as
above said should act as arbitrator and if for any reason that is not possible the matter is not to
be referred to arbitration at all.


CLAUSE 26( Patent Rights): The contractor shall fully indemnify the BSNL against any action,
claim or proceeding, relating to infringement or use of any patent or design or any alleged
patent or design rights and shall pay any royalties which may be payable in respect of any
article or part thereof included in the contract. In the event of any claims made under or action
brought against BSNL in respect of any such matters as aforesaid the contractor shall be
immediately notified thereof and the contractor shall be at liberty, at his own expense, to settle
any dispute or to conduct any litigation that may arise there-from. Provided that the contract
shall not be liable to indemnify the BSNL, if the infringement of the patent or design right is the
direct result of an order passed by the Engineer-in-charge in this behalf.

                                                                                                       61
CONTRACTOR                          SDE(E)                               EE(E)
 CLAUSE 27( Lump sum in estimates): When the estimate on which a tender is made
includes lump sum in respect of parts of the work the contractor shall be entitled to payment in
respect of the items of work involved or the part of the work in question at the same rates, as
are payable under this contract for such items; or if the part of the work in question is not in the
opinion .of the Engineer-in-Charge capable of measurement, the Engineer-in-Charge may at his
discretion pay lump sum amount entered in the estimate, and the certificate in writing of the
Engineer-in-Charge shall be final and conclusive against the contractor with regard to any sum
or sum payable to him under the provisions of the Clause.
CLAUSE 28(Action were on specification): In the case of any class of work for which there
is no such specification as is mentioned in Rule I, such work shall be carried out in accordance
with the distinct specification and in- the event of there being no distinct, specification, then in
such case the work shall be carried out in all respects in accordance with the instructions and
requirements of the Engineer-in-charge.


CLAUSE 29: (l) with holding & lien in respect of sums claimed: - Whenever any claim or claims
for payment of sum of money arises out of or under the -contract. against the contractor, the
Engineer-in-charge shall be entitled to withhold and also have a lien to retain such sum or sums
in whole in part from the security, if any deposited by the contractor and for the purpose
aforesaid the Engineer in-charge shall be entitled to with hold the security deposit, if any
furnished as the case may be and also have a lien over the same pending finalization or
adjudication of any such claim. In the event of the security being insufficient to cover the
claimed amount or amounts or if no 'security has been taken from the contractor, the Engineer-
in-charge shall be entitled to with hold and have a lien to retain to the extent of such claim
amount or amounts referred to above, from any sum or sums found payable or which at any
time thereafter may become payable to the contractor under the same contract with the
Engineering-charge of the BSNL of any contract person through the Engineer-in-charge pending
finalization or adjudication of any such claim.

             It is an agreed term of the contract that the sum of money or moneys so with-hold
or retained under the lien referred to above, by the Engineer-in-charge or will be with held 01:
retained of such by the Engineer-in-charge till the claim arising out of or under the contract is
determined by the Arbitrator. (if the contract is governed by the Arbitration Clause) by the
competent court, as the case may be and the contractor will have no claim for interest or
damage whatsoever on any account in respect of such with holding or retention under the lien
referred to above and duly notified such to the contractor for the purpose of this clause where
the contractor is a partnership firm or a Limited Company the Engineer- in-charge shall be
entitled to with hold and also have a lien to retain towards such claimed amount or amounts in
whole or in part from any sum found payable to any partner/limited company as the case may
be whether in his individual capacity or otherwise.

(2) BSNL shall have the right to cause an audit and technical examination of the works and the
final bills of the contractor including all supporting vouchers abstract, etc., to be made after
payment of the final bill and if as a result. of such audit and technical examination any sum is
found to have been over paid in respect of any work done by the contract or under the contract
of any work claimed by him to have been done by him been under the contract and found not to
have been executed the contractor shall be liable to refund the amount of over payment and
shall be lawful for BSNL to recover the same from him in the manner prescribed in sub clause (i)
of this clause or in any other manner legally permissible And if it is found that the contractor
was paid less than what was due to him under the contract in respect of any work executed by
him under it, the amount of such under payment shah be duly paid by BSNL to the contractor.
For the purpose of this clause where the contractor is a partnership firm or a limited company

                                                                                                       62
CONTRACTOR                          SDE(E)                               EE(E)
the Engineer-in-charge of the BSNL shall be entitled to with hold and also have a lien to retain
towards such claimed amount or amounts in whole or in part from any sum found payable to
any partner/ limited company as the case may be whether in his individual capacity or
otherwise.



Provided that BSNL shall not be entitled to recover any sum overpaid nor the contractor shall
entitled to payment of any sum paid short where such payment has been agreed upon between
the Superintending Engineer or Executive Engineer on the one hand and the contractor on the
other under any term of the contract permitting payment for work after assessment by the
Superintending Engineer or the Executive Engineer.


CLAUSE 29A(Set of clause): A lien in respect of claims in set of Clause other contracts.Any
sum of money due and payable to the contractor (including the security deposit returnable to
him) under the contract may be with held or retained by way of lien by the Engineer - in -
charge or any other contracting person or person through, Engineer-in-charge against any claim
of the Engineer in-charge of such other person or persons in respect of payment of a sum of
money arising out or under any other contract made by the contractor with the Engineer-in-
charge of the BSNL or with such other person or persons.
It is an agreed term of the contract that the sum of money so withheld or retained under this
clause by the Engineer-in-charge or the BSNL will be kept withheld or retained as such by the
Engineer in-charge or till such claim arising out of the same contract or any other contract is
either mutually settled or determined by the Arbitration clause or by the competent court, as the
case may be and that the contractor shall have no claim for interest or damages whatsoever on
this account or any other ground in respect or any sum of money withheld or retained under this
clause and duly notified as such to the contractor.

CLAUSE 30(Prohibition against the Employment of coal mining or controlled area
labour) : The contractor shall not employ coal mining or controlled area labour falling under any
category whatsoever on or in connection with the work or recruit labour from area within a
radius of 32 Km. (20 miles)of the controlled area subject as above the contractor shall employ
imported labour only i.e., deport imported labour or labour imported by contractors from area,
from which import is permitted.

When ceiling price for imported labour has been fixed by State or Regional Labour Committees
not more than that ceiling price shall be paid to the labour by the contractor.


The contractor shall immediately remove any labourer who may be pointed out by the Engineer-
in-Charge as being a coal mining or controlled area labourer. Failure to do so shall render the
contractor liable to pay to BSNL a sum calculated at the rate of RsI0 per day per labourer. The
certificate of the Engineer-in-Charge about the number of coal mining or controlled area labour
and the No. of days for which they worked shall be final and binding upon parties to this
contract.



 It is declared and agreed between the parties that the aforesaid stipulation in this clause is one
in which the public are interested within the meaning of the exception of Section 74 of Indian
contract Act, 1972.


       Explanation -------------"Controlled Area” means the following area:
District of Manbhum, Hozaribagh, Jumtra Sub-Division of Santa I Paragons.
                                                                                                      63
CONTRACTOR                          SDE(E)                              EE(E)
    District of Bankura, Birbham, Burdwan,

    District of Bilaspur.

   Any other area which may be declared as "Controlled Area" by or with the approval of the Central
   Government.

   CLAUSE 31(Conditions relating to unfiltered water): The contractor(s) shall make his/their
   own arrangements for unfiltered water required for the work and nothing extra will be paid for the
   same. This will be subject to the following conditions:

    i) That the water used by the contractor (s) shall be fit for construction purposes, to the
   satisfaction of the Engineer-in-charge.
    (ii) Unfiltered water required for the execution of work may be supplied to the contractor at the
   discretion of the Divisional Officer on the following conditions:

    (1) Payment by the Contractor 1 % of the total cost of the entire work done under the contract.

     (2) The Contractor (s) shall make his/their own arrangements for water connection and lying of
   pipe lines form existing mains or source of supply. It should be clearly understood that BSNL do
   not guarantee to maintain uninterrupted supply of water and it will be incumbent on the
   contractor (s) to make alternative arrangements for water at his/her own cost in the event of any
   temporary break down in the BSNL water main so that progress of his/their work is not held up
   for want of water. No claim of damages or refund of water charges will be entertained on account
   of such breakdown.

     (3) Where there is Municipal unfiltered or filtered water pipe line and the water is taken from
   this source, the contractor shall approach the concerned Municipality direct for the supply of
   water and pay the charges directly to the Municipality.

     (iii) The contractor shall be solely responsible to obtain 'p' form the Municipal Corporation get it
   signed from the Engineer-in-charge submit the same to the Municipal authority, purse vigorously
   the clearance of the form with the Municipal Authority obtain the necessary permission for
   connection from the Corporation, and get the temporary water connection to the site in a
   meticulous way, and the delay if any in this connection shall not be valid ground for seeking time
   extension under Clause 5 of contract.

 CLAUSE 32 (I) : Where there is no piped water supply arrangement and the water is taken by the
contractor from the wells or hand pumps constructed by the BSNL no charge shall be recovered from
the contractor on the account. The contractor shall however, draw water at such hours of the day
that it does not interfere with the normal use for which the hand pumps and wells are intended. He
will also be responsible for all damages and abnormal repairs arising out of his use, the cost of which
shall be recoverable from him. The Engineer-in-charge shall be the final authority to determine the
cost recoverable from the contractor on this account.

(ii) The contractor shall be allowed to construct temporary wells in BSNL land for taking water from
construction purposes only after he has got permission of the Engineer-in-charge in writing. No
charges shall be recovered form the contractor on this account, but the contractor shall be required
To provide necessary safety arrangement to avoid any accidents or damage to adjacent buildings
roads and service lines. He shall be responsible for any accidents or damage caused due to
construction and subsequent maintenance of the wells and shall restore the ground to its original
condition after the wells are dismantled on completion of the work.
                                                                                                            64
    CONTRACTOR                           SDE(E)                               EE(E)
CLAUSE 33(Return of surplus Materials): Not withstanding any thing contained the contrary
in any or all of the clauses of this contract, where any materials for the execution of the contract
are procured with the assistance of BSNL either by issue from BSNL stocks or purchase made
under orders of permits or licenses issued by the BSNL, the contractors shall hold the said
materials economically and solely for the purpose of the contract and not dispose of them
without the permission of the BSNL and return, if required by the Engineer-in-charge, all surplus
or unserviceable materials that may be left with him after the completion of the contract or at
its termination for any reason whatsoever on being paid or credited such price as the Engineer-
in-charge shall determine having due regard to the condition of the materials. The price allowed
to the contractor however shall not exceed the amount charged to him excluding the storage
charge if any. The decision of the Engineer in-charge shall be final and conclusive in the event of
breach of the aforesaid condition the contractor shall in addition to throwing himself open to
action for contravention of the terms of the license to permit and/or for criminal breach of trust,
be liable to BSNL for all moneys, advantages or profits resulting or which in the usual course
would have resulted to him by reason of such breach.


CLAUSE 34 (a)(Hire of Tools & Machinery conditions relating to aspartic materials):
The following plant and machinery required for the work will be issued to the contractor on hire
on conditions given below:

 S,No                          Description Hire charge per day

 (i)                                          NIL
 (ii)                                         NIL
(b) Plant and machinery when supplied shall be made over and taken back at the departmental
equipment shed at ... .. . . . .. .. ..and the contractor shall bear the cost of their carriage from
the shed to the site of work and back. The contractor shall be responsible to return the plant
and machinery with condition in which it was handed over to him caused to the said plant and
machinery _t the site of work or else where in operation and otherwise during transit including
damage to or loss of plants and for all losses due t6"'his failure to return the same soon after
the completion of the work for which it was issued. The Division Engineer shall be the sole judge
to determine the liability of the contractor and its extent in this regard and his decision shall be
final and binding on the contractor.
(c) The plant and machinery as stipulated above will be issued as and when available and if
required by the contractor. Roller when required should be obtained from the BSNL. The
contractor shall arrange his programmed of work according to the availability of the plant and
machinery and no claim, whatsoever, will be entertained from him for any delay in supply by the
BSNL.
(d) Mechanical concrete mixers for mixing the mortar and concrete will be supplied by the BSNL
if any available, and if so required by the contractor BSNL stores at     ... and contractor shall
bear the cost of its cartage from the store to the site of the work and back.

 The mixer shall be made over and taken back at the mixer shed and hire charges shall be
recovered at Rs       per day from the day the mixer is made over to the date of its return
irrespective of its being put into use or not except for the major break down. During which
period hire charge shall not be recovered the break down for a period of full day or more shall
be considered as major break down. The certificate of the Engineer-in-charge for the period of
break down shall be final and binding on the contractor.
The contractor shall have to engage a full time chowkidar for watch and ward of the concrete
mixer and shall be responsible for its safety. The Chowkidar for safe guarding the road rollers
shall be employed by the contractor when these are hired out to him and they shall sign an
                                                                                                       65
CONTRACTOR                          SDE(E)                               EE(E)
agreement indemnify )1ing the BSNL against any loss or damage caused to the machine either
during transits or at the site of work.


(e) The hire charge shown above is for each day of 8 hours (inclusive of the one hour lunch
break) or part thereof. In case of steam road roller, the period of8 hours will be inclusive of time
required to make up the boiler pressure before start of work and to lower the boiler pressure at
the close of work.
(f) Hire charge will include services of operating staff as required and also supply of lubricating
oil and stores for cleaning purposes and steam coal not exceeding 1.25 quintals to light up to
the steam road roller when issued. Power fuel of approved type firewood, kerosene oil, etc., for
running the plant and machinery against any loss damage shall be arranged by the contract that
shall be full responsible for the safeguard and security of plant and machinery. The contractor
shall on or before supply of plant and machinery sign an agreement indemnifying the BSNL
against any loss or damage caused to the plant and Machinery either during transit at the site of
work.

(g) Ordinarily, no plant and machinery shall work for more than 8 hours a day inclusive of one
hour lunch break. In case of an urgent work however, the Engineer-in-charge may at his
discretion, allow the plant and machinery to work for more than normal period of 8 hours a day.
In that case, the hourly hire charges for overtime to be borne by the contractor shall be 50%
more than the normal proportionate hourly charges (l/8Ih of the daily charges) subject to a
minimum of half day's normal charge on any particular day. For working out hire charges for
overtime a period of less than half an hour and above will be charged as one hour and a period
of less than half an hour will be ignored.
(h) The contractor shall release the plant and machinery every 10m day for periodical servicing
and/or wash out which may be for about three or four hours or more. He shall also provide for a
labour and water that may be required for wash out of steam rollers. Hire charges for full day
shall be recovered from the contractor for the day of servicing/wash out irrespective of the
period employed in servicing/ wash out.
(i) The plant and machinery once issued to a contractor shall not be returned by him or lack of a
arrangements of labour, material, etc., on his part, the same will be returned only when they
require major repairs or when in the opinion ofth6 Engineer-in-charge the work or portion of
work for which the same issued is completed.

(j) Log book for recording the hours for recording the hours of daily work for each of the plant
and machinery supplied to the contractor will be maintained by the BSNL and will be attested by
the contractor or his authorized agent daily. In case the contractor contests the correct-ness of
the entries and/or fails to sign the log book the decision of the Engineer-in-Charge shall be final
and binding on him. Hire charges will be calculated according to the entries in the Log book and
will be binding on the contractor. Recovery on account of the hire charges for road roller shall be
made for the minimum number of days worked out on the assumption that a roller can
consolidate per day and maximum quantity of materials of area of surfacing as not noted
against each in the annexed statement. (See attached annexure)


(k) In the case of concrete mixers, the contractor shall arrange to get the hopper cleaned and
drum washed at the close of the work each day or each occasion.

(I) The contractor shall be responsible to return the plant and machinery in the condition in
which it was handed over to him and he shall be responsible for all damage caused to the said
plant and machinery at the site of work or elsewhere in operation or otherwise or during transit
including damage to or loss parts, and for all losses due to his failure and return the same soon
after the completion of the work for which it was issued. The Divisional Engineer shall be the
                                                                                                       66
CONTRACTOR                          SDE(E)                               EE(E)
     sole judge to determine the liability of the contractor and its extent in this regard and his
     decision shall be final and binding on the contractor.


     In case of rollers for consolidation are employed by the contractor himself, log book for such
     rollers shall be maintained in the same manners as is done in case of BSNL rollers maximum
     Quantity of any item to be consolidated for each roller day shall be also be same as in Annexure
     to clause 34 (j) for less use of rollers recovery for less rollers day shall be made at the stipulated
     issue rate.


     (m) The hire charge shall be recovered at the prescribed rates from and inclusive of the date of
     plant and machinery is made over up to and inclusive of the date of its return in good orders
     even though the same may not have been working for any cause except for major break down
     due to no fault of the contractor or faulty use, requiring more than 3 working day continuously
     (Le. excluding intervening holidays and Sundays) to bring the plant in order. The contractor
     shall immediately intimate in writing to the Engineer-in- Charge when any plant or machinery
     gets out of order requiring major repairs as aforesaid. The Engineer-in-Charge shall record the
     date and time of receipt of such intimation in the log sheet of the plant or machinery. Based on
     this if the breakdown occurs before which the period of Major breakdown will be computed
     considering half a day break on the day of complaint if this breakdown occurs in the post lunch
     period of major breakdown will be computed starting from the next working day. In case of any
     dispute under this clause the decision of the Superintending Engineer shall be final.

CLAUSE 35 (I) : Conditions relating to asphaltic materials

      The contractor undertakes to make arrangements for the supervision of the work by the firm
     supplying the tar or bitumen used.

     (ii) The contractor shall collect the total quantity of tar or bitumen required for the work as per-
     standard formula, before the process of painting started and shall hypothecate it to the
     Engineer-in-Charge. If any bitumen or tar remains unused on completion of the work on account
     of lesser use of material in actual execution for reasons other than authorized changes or
     specification and abandonment portion of work, a corresponding deduction equivalent to the
     cost of unused materials as determined by the Engineer-in-Charge shall be made and the
     material returned to the contractor. Although the materials are hypothecated to BSNL the
     contractor undertakes the responsibility for their proper watch safe custody and protection
     against all risks.


     The contractor shall not be removed from site of work with out the consent of the Engineer-in--
     Charge in writing.    '
     (iii) The contractor sh_1I be responsible for rectifying defects noticed within a year from the
     date of completion of the work and the portion of the security deposit relating to asphaltic work
     shall be refunded after the expiry of this period.


     CLAUSE 36-1: For Building and Road Works

     The contractor shall employ the following technical staff during the execution of the work :


     (i)    One Graduate Engineer when the tendered cost of work to be executed is more than RsI0
     lakhs (Rupees ten lakhs only).
     (ii)   One qualified diploma holder (overseer) and having experience of not less than 3 years
            when the tender cost of work to be executed is more than Rs.5 lakhs (Rupees five lakhs
                                                                                                              67
     CONTRACTOR                           SDE(E)                               EE(E)
               only) but less than Rsl0 lakhs (Rupees ten lakhs only).
       (ill)   One qualified diploma holder (overseer) when the tendered cost of work to be executed
               is more than Rs.2lakhs (Rupees two lakhs) but less than Rs.5 lakhs (Rupees five lakhs
               only).
        The technical staff should be available at site, whenever required by Engineer-in-charge to take
instructions.
        In case the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a
reasonable amount not exceeding a sum ofRs3,OOO/ - (Rupees three thousand only) for each month of
default in the case of Graduate Engineer and Rs I ,500/ - (Rupees One thousand and five hundred only)
for each month of default in the case of qualified Diploma Holder (overseer).
       The decision of the Engineer-in-charge as to the period for which the required technical staff
was not employed by the contractor and as to the reasonableness of the amount to be deducted on this
account shall be final and binding on the contractor as to the amount and the contractor's liability to
pay the said amount.

        1.      There shall be no objection if an Engineer, Overseer looks after more than one work
provided the total value of works under him does not exceed Rs.20 lakhs in case of an Engineer and
RsI0 lakh in case of an overseer.


2.     It is not necessary for a contractor or a partner in case of firm/company who is himself an
       Engineer/Overseer to employ another Engineer/ Overseer for the supervision of the works so
       long as the contractors/partners do work similar to that have been done by an employed
       Engineer/Overseer.
        3.      The employment of technical staff may be related to the tendered cost.

       4.      A retired Engineer/Assistant Engineer who is holding diploma may be treated at par with
               graduate Engineer for operation of the above Clause.

       II. For Sanitary & Water Supply Works:

       The contractor shall employ the following technical staff during the execution of this work:
       (i)    One qualified diploma holder (overseer) with an experience of not less than 5 years, out
       of which at least one year should be in sanitary engineering of water supply works, when
       tendered cost of work to be executed is more than Rs.50,000/(Rupees Fifty thousand only).


        The technical staff should be available at site, whenever required by Engineer-in-charge to take
       instructions.

       In case the contractor fails to employ the' technical staff as aforesaid, he _luill be liable to pay a
       reasonable amount not exceeding Rs.1500/(Rupees one thousand and five hundred only) for'
       each month of default.
       The decision of the Engineer-in-charge as to the period for which the required technical staff
       was not employed by the contractor and as to the reasonableness of the amount to be deducted
       on this account shall be final and binding on the contractor as to the amount and the
       contractor's liability to pay the said amount.
       III. for Electrical Works:
       The Contractor shall employ the following technical staff during the execution of this work.
       (i)      One qualified Graduate Engineer possessing a Degree from a recognized University in
                Electrical Engineering and having experience of not less than 3 years or a Diploma holder
                in Electrical Engineering with not less than 7 years experience when the tendered cost of
                the work to be executed is more than RS.l.5 lakhs (Rupees one lakh and fifty thousand
                                                                                                                68
       CONTRACTOR                           SDE(E)                                EE(E)
       only).

(ii) One qualified Diploma Holder (overseer) in Electrical Engineering and having experience of
not less than 3 years or a Graduate Engineer in Electrical Engineering with 2 years experience,
when the tendered cost of the work to be executed is more than Rs.75,OOO (Rupees Seventy
five thousand only) but less than Rs.I.5 lakhs (Rupees one lakh and fifty thousands only).

(iii) One qualified Diploma Holder (Overseer) in Electrical Engineering and having experience of
not less than 3 years, when the tendered cost of work to be executed is more than Rs.37,OOO/-
(Rupees thirty seven thousand only) but not less than Rs.75,OOO/- (Rupees Seven five
thousand only).

(iv) One licensed supervisor having experience of not less than 3 years, when the tendered cost
of the work to be executed in more that Rs.7,500 (Rupees seven thousand and five hundred
only) but less than Rs.37,OOO/- (Rupees thirty seven thousand only):

The technical staff should be available at site, whenever required by Engineer-in-charge to take
instruction.

In case the contractor fails to employ the technical staff as aforesaid he shall be liable to pay
reasonable amount not exceeding the amount shown below against each for each month of
default :

(a) In case where Graduate Engineer (E) is required to be employed Rs.3,OOO/- (Rupees three
thousand only).

(b) In case where qualified Diploma Holder Overseer in Electrical Engineering is required to be
employed Rs.l, 500/- (Rupees one thousand and five hundred only).
 (c) In case where a licensed supervisor to required to be employed Rs.750/- (Rupees seven
hundred and fifty only).The decision of the Engineer-in-charge as to the period for which the
required technical staff was not employed by the contractor and as to the reasonableness of the
amount to be deducted on this account shall be final and binding on the contractor as to the
amount and the contractor's liability to pay and the said amount.
CLAUSE 36A: The contractor shall comply with provisions of the Apprentice Act 1961 and the
Rules and Order issued there under from time to time. If he fails to do so, his failure will be a
breach of contract and the Superintending Engineer may, in his discretion cancel the contract.
The contractors shall also be liable for any pecuniary liability arising on account of any violation
by him of the provision of the Act".

CLAUSE 37: The whole work may be split up between two or three contractors or accepted in
part and not in entirely, if considered expedient.

CLAUSE 38(i) : Sales tax or any other tax on materials in respect of this contract shall be
payable by contractor and BSNL shall not entertain any claim whatsoever in this respect.

CLAUSE 38(ii): If pursuant to or under any law such notification or order any royalty, cess fee
or the like become payable by the Govt. of India and does not at any time become payable by
the contractor to the State Govt Local Authorities in respect of any material used by the
contractor on the works there in such a case, if shall be lawful to the Govt. of India and it will
have the right and be entitled to recover the amount paid in the circumstances as aforesaid from
the dues of the contractor.

CLAUSE 38(iii)-Taxes: The tendered rates are inclusive of all taxes and levies payable under

                                                                                                       69
CONTRACTOR                          SDE(E)                               EE(E)
the respective statues. However, pursuant to the Constitution (Forty Sixth Amendment) Act
1982, if any further tax of Levy is imposed by Statue after the date of receipt of tender and the
contractors thereupon necessarily and properly pays such taxes/ levies the contractor shall be
reimbursed the amount so paid, provided such payment if any, is not, in the opinion of
Superintending Engineer (whose decision shall be final and binding) attributable to delay in
execution of work within the control of the contractor.

The contractor shall, keep necessary books of account and other documents for the purpose of
this condition as may be necessary and shall allow inspection of the same by duly authorized
representative of BSNL & further shall furnish such other information/documents as the
Engineer-in-charge may require.

The contractor shall within a period of 30 days of imposition of any further tax or levy, pursuant
to the constitution (Forty Sixth Amendment) Act 1982, give a written notice thereof to the
Engineer-in-charge that the same is given pursuant to the condition together with an necessary
information relating thereto.
CLAUSE 39 : Without prejudice to any of the rights or remedies under the contract if the
contractor dies, the Divisional Officer on behalf of the BSNL shall have the option of terminating
the contract without compensation to the contractor.
CLAUSE 40: The contractor shall not be permitted to tender for works in the BSNL/Postal/ Civil
or Elect. Circle (Responsible for award and execution job contracts) in which his near relative is
posted as Divisional Accountant or as an officer in any capacity between the grades of the
Superintending Engineer and Asst. Engineer (both inclusive). He shall also intimate the names of
persons who are working with him in any capacity or are subsequently employed by him and
who are near relatives to any gazetted Officer in the BSNL/Postal/ Civil or Elect. Wing Any
breach of this condition by the contractor would render him liable to be removed from the
approved list of contractors.
Note: By the terms "near relative" is meant wife, husband, parents and grand parents; children
and grand children, brothers and sister, uncles, aunts and cousins and their corresponding in
laws.

 CLAUSE 41 : No Engineer of gazetted rank or other gazetted officer employed in Engineering
or administrative duties in an Engineering Department of the BSNL is allowed to work as a
contractor for a period of two years of his retirement from BSNL service without the previous
permission of BSNL. This contract is liable to be cancelled if either the contractor or any of his
employees is found at any time to be such a person who had not obtained the permission of
BSNL as aforesaid, before submission of the tender or engagement in the contractor's service as
the case may be.

 CLAUSE 42 (i) : The contractor shall see that only the required quantities of materials are got
issued. Any such materials remaining unused and in perfectly good condition at the time of
completion or determination of the contract shall be returned to the Engineer-in-charge at a
place where directed by him, if by a notice in writing under his hand he shall so require, credit
for such material will be given at the prevailing market rate not exceeding the amount charged
from him, excluding the storage charges levied at the time of issue of materials to him. The
contractor shall also not be entitled to cartage and incidental charges for returning the surplus
materials from and to the stores wherefrom they were issued.

(ii) After the completion of the work, the theoretical quantity of cement to be used on works
shall be calculated on the basis of Theoretical statements showing quantities for cement to be
used in different items of work provided in the Delhi Schedule of Rates, printed by CPWD. In
case any item is executed for which the standard constant for the Consumption of cement are
not available in the above mentioned statement or cannot be derived from this statement the
same shall be calculated on the basis of standard formula to be laid down by the superintending

                                                                                                     70
CONTRACTOR                          SDE(E)                              EE(E)
       Engineer of the concerned circle. Over this theoretical quantity of cement shall be allowed a
       variation up to 3% plus/minus for works

       the estimated cost of which as put to tender is not more than Rs.5 lakhs; and up to 2%
       plus/minus for works the estimated cost of which put to tender is above Rs.5 lakhs. The
       difference in the quantity of cement actually issued to the contractor and theoretical quantity
       including authorized variations, if not returned by the contractor shall be recovered at twice the
       issue rate without prejudice to the provision of the relevant conditions regarding return of
       materials governing the contract. In the event of it being discovered that the quantity of cement
       used is less than the quantity ascertained as herein before provided (allowing variation on the
       minus side as stipulated above) the cost of the quantity of cement not so used shall be
       recovered from the contractor on the basis of stipulated Issue rate plan cartage to site.


        (iii) The provision of foregoing sub clause shall apply Mutatis Mutandis in the case of steel
       reinforcement of structural steel section ( each diameter section or category shall be considered
       separately except that the theoretical quantity of steel shall be taken as the quantity required as
       per design or as authorized by the Engineer-in-charge including authorized lap pages, plus 3%
       wastage due to cutting into pieces. Over this theoretical quantity 2% plus/ minus shall be
       allowed as variation due to wastage being more or less.

(iv)   After the completion of the work the actual quantity of cables (other than underground cables)
       wires, conduits/G. I. Pipes G.I./M.S. sheets used in the various items of work shall be calculated
       on the basis of the measurements recorded in the Measurement Books for purpose of payment
       and for assessing the consumption of materials used in work. Over the quantity of variation of
       5% plus shall be allowed for wastage of materials during the execution in case of cables (other
       than underground cables) wires, conduit pipes, G.I. Pipes and 10% plus in case of G.l. / M.S.
       Sheets. The difference in quantity of material actually issued to the contractor and the quantity
       recorded in the Measurement Book including authorized variation as stated above if not returned
       by the contractor shall be recovered at twice the issue rate including storage charges and
       cartage to site without prejudice to the provisions of the relevant conditions regarding return of
       the materials governing the contract. This should be applicable to the contracts for Electrical
       Works only.

       (v)     After the completion of the work, theoretical quantity of bitumen to be used on works
       shall be calculated on the basis of CPWD's statement showing quantities of bitumen to be used
       in different items of work provided in the Delhi Schedule of Rates or in respect of agreement
       which do not provide for or authorized application of Delhi Schedule of Rates the theoretical
       quantity of bitumen' to be used in works shall be calculated on the basis of standard formula as
       laid down by Superintending Engineer of the concerned circle. Over the said theoretical quantity
                                                        1/2
       of bitumen, a variation up to plus (excess) (2         %) shall be allowed.


       The agreement which provide for free supply of bitumen the value of price of the difference in
       the quantity of bitumen actually issued to the contractor and the theoretical quantity Including
       the above mentioned authorized variation, if not returned by the contractor shall be recovered
       at twice the issue rate including storage charges without prejudice to the relevant conditions in
       the agreements regarding return of materials. In the event of it being discovered that the
       quantity of bitumen used by the contractor is less than the quantity calculated in the manner
       aforesaid, there shall be no recovery for less use of bitumen. The agreement which provides for
       supply of bitumen at a fixed rate, the value of price of the difference in the quantity of bitumen
       actually issued to the contractor and the theoretical quantity including the above mentioned
       authorized variation, if not returned by the contractor, shall be recovered at twice the issue rate
       of bitumen including storage charges thereof without prejudice to the relevant conditions in the
       agreements regarding return of materials governing the contract. In the event of it being
       discovered that the quantity of bitumen used by the contractor is less than the quantity
                                                                                                             71
       CONTRACTOR                          SDE(E)                                    EE(E)
calculated in the manner aforesaid (no variation on the lower side shall be allowed), the cost of
the quantity of bitumen not so used shall be recovered from the contractor on the basis of
stipulated issue rate plus cartage there of up to site.

 (vi) The provisions made above are with out prejudice to the right of the BSNL to take action
against the contractor under the conditions of the contract for not doing the work according to
the prescribed specification.

 CLAUSE 43(clause pertaining to damage to work in consequence of hostilities of war
like operations): The work (whether fully constructed or not) and all materials, machines,
tools and plants, scaffolding, temporary buildings and other things connected therewith shall be
at the risk of the contractor until the work has been delivered to the Engineer-in-charge and a
certificate from him to that effect obtained. In the event of the work or any materials properly
brought to the site for incorporation in the work being damaged or destroyed in consequence on
hostiles or war like operations, the contractor shall when ordered in writing by the Engineer-in-
charge, remove any debris from the site, collect and properly stack or remove in store all
serviceable materials salvaged from the damaged work and shall be paid at the contract rates in
accordance with the provision of this agreement for the work of clearing the site of debris,
stacking or removal of serviceable materials and for the reconstruction of all works ordered by
the Engineer-in-charge, such payments being in addition to compensation up to the value of the
work originally executed before being damaged or destroyed and not paid for, in case of work
damaged or destroyed but not already measured and paid for the compensation shall be
assessed by the Divisional Officer up to Rs.5,000 and by the Superintending Engineer concerned
for a higher amount. The contractor shall be paid for the damages/destruction suffered and for
the restoring the materials at the rates based on the analysis of rates tendered for in accordance
with the provisions of this agreement. The certificate of the Engineer-in-charge regarding the
quality and quantity of materials and the purpose for which they were collected shall be final and
binding on all parties to this contract.

Provided always that no compensation shall be payable for any loss in consequence of hostilities
or war-like operation (a) unless the contractor had taken all such Precaution against All Raids as
are deemed necessary by the A.R.P. officers or the Engineer-in-charge. (b) for any materials
etc. not on the site of the work or for any tools and plants, machinery, scaffolding temporary
buildings and other things not intended for the work.
In the event of the contractor having to carry out reconstruction as aforesaid, he shall be
allowed such extension of time for its completion as is considered reasonable by the Divisional
Officer.
CLAUSE 44: The security Deposit should not be refunded till labour clearance certificate from
the labour officer is obtained by the contractor.

CLAUSE 45: The Contractor shall comply with the provisions of the Apprentices Act 1961 and
the rules and orders issued there under from time to time if he fails to do so, his failure will be a
breach of the contract and, the superintending Engineer may, at his discretion, cancel the
contract. The contractor shall also to liable for any pecuniary liability arising on account of any
violation by him of the provisions of the Act.      .
CLAUSE 46: The percentage referred to at page of the tender will be deducted from/added to
the gross amount of the bills for work done. Security deposit should not be returned till the
clearance certificate, from the Labour Office is obtained by the contractor.


CLAUSE47: The work ( whether fully constructed or not ) and all material machines tools and
plants, temporary buildings and other things connected therewith shall be at the risk of the
contractor(s) until the work has been delivered to the engineer-in-charge and a certificate from
his to that effect obtained. In the event of the or any materials properly brought to the site for
incorporation in the work being damaged or destroyed in consequences of hostilities or war like
operations, the construct shall, when ordered in writing by the engineer-in-charge remove and
                                                                                                        72
CONTRACTOR                           SDE(E)                               EE(E)
debris from the site collect and properly stock or remove in store all serviceable materials
salvaged from the damaged work shall be paid at the contract rates in accordance with the
previous of the construction of all work ordered by the engineer-in-charge such payment being
in addition to compensation the value of who original executed before being damaged or
destroyed and not paid for. Incase of work damage and destroyed but not already measured and
paid for the compensations shall be assessed by the Divisional Officer up to Rs5,000/- & by the
SE concerned for a higher amount. The contractor shall be paid for the damage construction
suffered & for restoring the materials at the rates based on analysis of the rates rendered for in
accordance with the provisions of this agreement.

The Certificates of the Engineer-in-charge regarding the quality and quantity of the materials &
the collected shall be final and binding of all parties to this contract. Provided always that on
compensation shall be payable for any loss in consequences of hostilities or war like operation(s)
until the contractor had taken all such precautions against air raid as or deem necessary by the
ARF officer or the Engineer-in-charge (b) for any materials etc. not on the side of the works or
for any tools & plant machine scaffolding, temporary building and other things not intending for
work.

In the event of the contractor having to carry out reconstruction as aforesaid the al1owed such
extension of time for its completion as is considered reasonable by the Divisional Officer.



CLAUSE 48(CONTRACT PERCENTAGE WHETHER APPLIED TO OR NOT ON GROSS
AMOUNT BILLS): The contractor(s) is / are not to vary or deviate from the drawings,
specifications or instructions or execute any extra work & kind whatsoever unless upon the
authority of the Divisional Officer to sufficiently be shown by an order in writing or by any plant
or drawings expressly given and signed by him. If compliance with the Divisional Officers
aforesaid order, plan or drawings or approval involves extra work and or expands beyond that
involved in the execution of the contract work then unless' the same were issued in
consequence of same breath of this contract on the part of the contractor(s) the latest shall be
valued as hereinafter provided and / or expense aforesaid.

CLAUSE 49: All work and materials brought and left upon the ground by the contractor(s) or by
his / their orders, for the purpose of forming part of the works are to be considered to be
properly of President of India & the same are not to be removed or taken away by the
contractor(s) or any other person without special license and consent in writing of the Divisional
Officer, but the President of India is not to be in anyway answerable for such work or materials
either by the same being lost or stolen or injured by weather or any otherwise


CLAUSE 50: From the commencement of the works to the completion of the same they are to
be under the contractor (s) charge. The contractor(s) is fare to be held responsible for any to
make good all injuries, damaged and repairs ,assigned or rendered necessary to the same by
fire or other cause and to hold the President of India harmless from any claim for injuries to
persons or for structural damage to property happening from any neglect default, want of
proper case of misconduct on the part of the contractor(s) or of anyone of his / their employee
during execution of the work.

CLAUSE 51 : The Divisional Officer is to have full power to send workmen upon the premises to
execute fittings and other works not included in the contract for whose operations the
contractor(s) is/ are to afford every reasonable facility during ordinary working hours, provided
that such operations shall be carried on in such manner as not to impede the progress of work
included in the contract, but the contractor(s) is / are not to be responsible for any damage
which may happen to or be occasioned by any such fittings or other works.


                                                                                                      73
CONTRACTOR                          SDE(E)                              EE(E)
       CLAUSE 52 : The contractor(s) is / are to set out the whole of the works in conjunction with an
       officer to be deputed by the Divisional Officer and during the progress of the works to amend on
       the requisition of the Divisional Officer any errors which may arise therein and provide all
       necessary Labour & materials for so doing. The contractor (s) is/ are' to provide all plant, Labour
       and materials with the exceptions noted in the Schedule attached which may be necessary and
       requisites for the works, All materials and workmanship are, to leave the works in all respects
       clean and perfect of the completion thereof.

Schedule showing approximate quantity of materials to be supplied by the Postal/BSNL under Clause 10
of the conditions of Contract for work contracted to be executed and the rates at which they are to be
charged for.



Particulars            Quantity            Rates at which the                        Place of Delivery
                                             Material will be
                                              Charged to the
                                                contractor

                                  Unit                     Rs.          The materials will be is
                                                                        used form civil/elect. Sub
                                                                        division store / office at
                                                                        Visakhapatnam /
                                                                        Rajahumundry /
                                                           Free of      Vizianagaram from where
                                                           cost         the contractor shall make
                                                                        his own rrangements to
                                                                        carry the materials in safe
                                                                        condition to the site of work
                                                                        for which nothing extra will
                                                                        be paid. The contractor
                                                                        shall note rates including
                                                                        storage charge shall be
                                                                        recovered from the
                                                                        contractor.


NOTE: The person offirm submitting the tender should see that the rates in the above schedule are
filled up by the Engineer-in-charge on the issue of the form prior to the submission of the tender.

Signature of the contractor_
                                                                             Sub Divisional Officer.
                                                                      Signature of................................
                                                                              Divisional Officer.
                                                                        FORAND ON BEHALF OF B.S.N.L.



                 ADDITIONAL CONDITION No-l CONDITIONONS FOR ISSUE OF MATERIALS


       (1), The materials will be issued from """"""""""""""""""""""""""""""""""""""'" stores
       ,.......................The contractor shall bear the cost of cartage, breakage and wastage from the
       stores to the site of works as also watch and ward at site or work.
       (2) The contractor shall be responsible for the safe custody of or damage of materials issued to
       him.

                                                                                                                     74
       CONTRACTOR                          SDE(E)                                 EE(E)
        (3) The steel Bars and other materials will be issued in available sizes and shapes and or in coils
       and the contractors shall bear the cost of cutting and straightening according to the requirement
       of the work and shall bear the cost of cartage and wastage.
       (4) The rates of materials are inclusive of percentage storage charges.
       (5) Cement bags shall be stocked by the contractor in separate Go down having weather proof
       roof and wall and on a proper floor consisting of 2 layers of dry bricks laid on wall consolidated
       earth at a level at least one foot above the ground level. These Stocks shall be in rows of two
       bags deep and 20 bags high with a minimum of 2'0" clear space all round. The bags should be
       placed horizontally continuous in each lies as shown in the accompanying sketch.
       (6) Cement shall be kept under double lock system in go down fixed with one door. The key of
       the lock shall remain with the representative of the Engineer-in-charge, at the site of work and
       that of the other with the contractor or his authorized agent. Day to day issue account of
       cement shall be maintained by the Junior Engineer/Officer-in-Charge on the prescribed register
       and signed by the contractor or, his authorized agent.


       (7) The contractor shall construct suitable go down at the site of works for storing the materials
       safe against damage of sun, rain, dampness, fire, theft etc. at his own cost.


       (8) He shall also employ necessary watch and ward establishment for the purpose at his own
       cost.

       (9) Nothing Extra shall be paid by the BSNL on any account for straightening the steel rods
       supplied in coils or with bends.
       (10) The contractor has to employ sufficient labour at his cost for measurement of steel bars
       issued to him at the BSNL stores.

       (11) The following condition shall apply as an additional condition under general conditions in
       tender documents.


       (a) The Standard sectional weights referred to as standard tables in Para 5-3 3, in specifications
for works, 1977 Vol to be considered for conversion of length of various sized of M.S. bars and T or
Steel bars into weight are as under:


Size ( Diameter)        Weight ( Kg / Mtr.)      Size ( Diameter)      Weight ( Kg / Mtr.)
6                       0.222                    22                    3.855
8                       0.395                    28                    4.836
10                      0.617                    32                    6.316
12                      0.888                    36                    7.994
16                      1.579                    40                    9.869
18                      1.999                    45                    12.490
18                      2.467                    50                    15.424
20                      2.985
        (b) Issue of steel of diameter above 10mm will be regulated on sectional weight basis, weight
being calculated with the help of the above tables. However, the bars M.S. T or Steel up to and
including I0 mm the following procedure shall be adopted. The average sectional weight for each
diametre shall be arrived at from samples from each lot of steel received at site. The actual weight of
steel issued shall be modified to take into account the variations between the actual and the standard
coefficients given above & the contractors account will be debited by the cost of this modified quantity
only. The discretion of the Engineer-in-charge shall be final for the procedure to be allowed for
determining the average sectional weight of each lot. Quantity of each diametre of steel received at site
of work each day will constitute one single lot for this purpose.
                                                                                                              75
       CONTRACTOR                          SDE(E)                               EE(E)
                                  ADDITIONAL CONDITIONS NO. 2

        I. The rates for different items of works shall apply for all heights and depths unless otherwise
specified. Nothing shall be paid for bailing out of water if met with.
       2. The contractor must get acquainted with the proposed site for works and, study specifications
and conditions carefully before tendering. The work shall be executed as per the programme drawn by
the Engineer-in-charge.
       3. Any damage done by the contractor to any existing work during the course of execution of
the work tendered for shall be made good by him at his own cost.

       4. The contractor shall materials in good condition all work during execution till completion of
       entire work allotted to him.
       5. He shall cause the site to be cleared thoroughly of rubbish, scaffolding materials etc. before
       the stipulated date of completion of the work.
       6. Royalty at the prevalent rates shall have to be paid by the contractor on all the boulders,
       metal, shingle, sand and bajiri etc., collected by him for the execution of the work direct to the
       Revenue Authority of the State Government concerned. 'No Demand Certificate' from the State
       Authority concerned shall be obtained before the final bills are paid, failing which recovery will
       be effected from him at the prevalent market rates.
       7. The contractor shall take all precautions to avoid all accidents by exhibiting necessary caution
       boards day and night, speed limit 'boards, red flags, red lights and providing barriers. He shall
       be responsible for all damages and accidents caused due to negligence on his part. No hindrance
       shall be caused to traffic during the execution of work.
       8. The contractor will have to work as per programme drawn by the Engineer-in-charge. No
       claim whatsoever will be entertained on this account.


       9. The work shall be carried out in a manner complying in all respects with the requirement of
       relevant by laws official authority of the plan.
       10. For items pertaining to the building work the specification detailed under relevant sub-heads
       for building work shall be followed.
       II. Cement or cement lime mortars: The mixing of mortars shall be done in mechanical mixer
       operated manually or by power.

ADDITIONAL CONDITION NO.3

        The site for disposal of surplus excavated earth should be indicated in the first instance. This
may be done after assessing the requirements of other BSNL work etc. Incase this is not possible then
the contractor may be allowed to dispose of the surplus earth on his own and a condition may be
inserted in the agreement that the contractor will be permitted to sell the surplus earth. Executive
Engineer may assess the position and introduce suitable condition in the NIT accordingly.
ADDITIONAL CONDITION NO.4

Samples of typical portions of work repetitive
                                ,
nature such as typical room, toilet room, staircase corridor, lot by and entrance hall or any other work
desired by Engineer-in-charge shall be prepared by the Contractor under the direction and to the
satisfaction of Engineer-in-charge and got approved from the Engineer-in-charge in writing before the
commencement of these items for the entire work.

                                                                                                             76
       CONTRACTOR                          SDE(E)                               EE(E)
         The work shall be so arranged to be carried out that these requirements are observed and
fulfilled without any detriment to the general progress of work or on any of the terms and conditions of
all contract. No claims of any kind whatsoever including the claims of extension of time will be
entertained due to the incorporation of this requirement.

                                   ADDITIONAL CONDITION NO.5

       The contractors, in course of their work/ should understand that all materials (eg. stone and
other materials) obtained in the work of dismantling excavation etc., will be considered BSNL property
and issued to the contractor (if they require the same for their own use) at rates approved by the
Superintending Engineer. If these materials are not required by them, they will be disposed off to the
best advantage of BSNL.
ADDITIONAL CONDITION NO.6
Delay in obtaining materials by the BSNL:
       Owing to difficulty in obtaining certain materials in the open market the BSNL have undertaken
to supply materials specified on page of the tender form at rates stated therein. There may be delay in
obtaining the materials by the BSNL and the contractor is, therefore required to keep himself in touch
with the day to day position regarding the supply of materials from the Engineer-in-charge and to so
adjust the progress of the work that their labour may not remain idle nor may there by an other claim
due to or arising from delay in obtaining the materials. It should be clearly understood that no claim
whatsoever shall be entertained by the BSNL on account of delay in supplying materials.

ADDITIONAL CONDITION NO.7

        The contractor shall have to deposit the approved paints of required colour and shades as per
actual requirements of the work to be done with the Engineer-in-charge at his BSNL store at the site of
work.

ADDITIONAL CONDITION NO.8

       The contractor shall be responsible for the water proffers of the roof for one full monsoon
season after the date of completion. He shall rectify the defect noticed after due intimating in writing is
given by the Engineer-in-charge failing which Engineer-in-charge shall get the defects repaired at the
contractor's risk and Cost.

ADDITIONAL CONDITION NO.9

"Water supply and Sanitary work"
The contractor shall engage licensed plumber, for the work and get the materials tested by the
Municipal authorities whenever required at their own cost. The work shall be carried out according to
the Municipal by-laws and .the contractor shall produce necessary certificate from Municipal authorities
after completion of work.

ADDITIONAL CONDITION NO.1 0

        The contractor shall have to deposit water proofing compound for item mentioned as per the
actual requirements for the water proofing job with the Engineer-in-charge at his BSNL stores at the
site of work.

       The water proofing compound will be issued to the contractor from time to time according to his
requirements for the work in the same manner as the issue of materials stipulated to be issued.
ADDITIONAL CONDITION NO. 11
                                                                                                              77
       CONTRACTOR                           SDE(E)                              EE(E)
Inconvenience to public
The contractor shall not deposit materials on any site which will seriously inconvenience the public. The
Engineer-in-charge may require the contractor to remove any materials which are considered by him to
be a danger or inconvenience to the Public or cause them to be removed at the contractor's cost.

ADDITIONAL CONDITION NO.12

       Any damage to work resulting from rains or from any other cause until the work is taken over
       by the BSNL after completion will be made good by the Contractor at his own cost.
       ADDITIONALCONDITIONNO.13

       The contractor shall deposit royalty and obtain necessary permit for supply of red Bajiri stone
       kankar etc, from local authorities.

       ADDITIONAL CONDITION NO 14

       The contractor shall get himself acquainted with the nature and extent of the work and satisfy
       himself about the availability of quarry and of kiln for collection and conveyance of materials
       required for the construction. The contractor's quoted rate should take into account all these
       factors and will not be allowed any extra lead for collection and conveyance of materials for any
       reason whatsoever.

       ADDITIONAL CONDITION NO.IS

       Security deposit should not be paid till clearance certificate from labour officer is obtained by the
       contractor.

       ADDITIONAL CONDITION NO.16

       The contractor will be permitted to set up Labour camp only before a week from the
       commencement of work and not exceeding fifteen days after the completion of the work.

       ADDITIONAL CONDITION NO.17

       Cooley camps shall not be erected at the site of the work nor shall any labour be allowed to live
       at site. Cooley camps should be erected only on one of
       The sites set apart for this purpose. This site shall be taken on lease by the contractor and in
       addition to the ground rent the contractor shall have to pay small """""""""""'" charge to the
       Health Department for the services, rendered by the staff of the Department.

       ADDITIONAL CONDITION NO.18

.      The contractor shall confirm to the provision of only Government Acts. Which relate to works
       and to the regulations and by the laws of any local authorities? The contractors shall give all
       notice required by the said acts or laws etc. Pay all fees payable to such authorities and allow
       for these contingencies in his tendered rates including fees for encroachments costs of
       restoration etc. and all other fees payable to the local authorities.




       ADDITIONAL CONDITION NO.19

       Where surplus earth of a suitable quality exists at the site of work the contractor shall be
       allowed to use the same free of cost making mud mortars, for masonry and laying and terracing

                                                                                                               78
       CONTRACTOR                           SDE(E)                               EE(E)
over the roof. The Engineer-in-charge shall be the final authority to decide whether the earth
obtained from excavating is surplus or not.

ADDITIONAL CONDITION NO.20

Concrete will be mixed with mixers either operated by hand or mechanical.

ADDITIONAL CONDITION NO.21

The contractor shall not employ women and men below the age of 18 on the work of painting
with products containing lead, in any form wherever men above the age of 18 are employed on
the work of lead painting, the following principles must' be observed for such use.

(a) White lead, Shulphate or lead of pro ducts containing these pigments shall not be used in
painting operation except in the form of paste or of paint ready for use.

(b) Measures shall be taken in order to prevent danger arising from application of paint in the
form of spray.

(c) Measures shall be taken wherever practice able against danger arising from dust caused by
dry rubbing down and scrapping.

(d) Adequate facilities shall be provided to enable working painters to wash during and on
cessation of work.

(e) Overalls shall be worn by working painters during whole of the working period.

(t) Suitable arrangements shall be made to prevent clothing put off during working hours being
soiled by painting materials.

(g) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be
subsequently verified by a medical team appointed by the competent authority of the BSNL.

(h) The BSNL may require, when necessary, a medical examination of workers.

(i) Instructions with regard to the special hygienic precaution to be taken in the painting trade
.shall be distributed to working painters. .




                                                                                                    79
CONTRACTOR                         SDE(E)                              EE(E)
                               SPECIAL CONDITIONS

ADDITIONALCONDITIONFOR NON-RESIDENTIAL BUILDINGS:

        Samples of typical portions of work of repetitive nature such as typical room, toilet room,
staircase, corridor, lobby and entrance hall of any other works desired by Engineer-in-charge shall be
prepared by the contractor under the directions to the satisfaction of Engineer-in-charge and get
approved from the Engineer-in-charge writing before the commencement of these items for the entire
work.
         The work shall be so arranged to be carried out that these requirements are observed and
fulfilled with out any decrements to the general progress of work. In other words, this will not be
allowed have any effect on the general progress of work or any of the terms on and conditions of the
contract No claim of extension of time will be entertained due to the incorporation of this requirement.
SPECIAL CONDITION FOR RESIDENTIAL QUARTERS:
The contractor shall put up one sample quarter or each type complete in all respects according to the
directions of the Engineer-in-charge within a period 0£'90 days from the date of commencement of the
work failing which the Engineer-in-charge shall have the power to levy penalty/compensation at the
rate of Rs.50/- per day till the sample quarters are complete. In the meanwhile the structural and other
cladding works in other parts of the structure may be continued. The contractor shall be required to
incorporate such modifications that may be found necessary by the Engineer-in-charge during the
course of inspection and approval of the sample quarters of each type. The sample quarters shall be
part of the main lot of construction. After carrying out the amendments the approved sample quarters
shall be retained. No extra claim or extra payment over and above admissible under the agreement
whatsoever shall be payable to the contractor on account of making and getting approved sample
quarters as above.
        Further finishing work shall be carried out accordingly or as desired by Engineer-in-charge only
after the sample quarters have been approved in writing by the Engineer-in-charge.
         The work shall be so arranged to be carried out that these requirements are observed and
fulfilled without any decrement to the general progress of work in other words this will not be all owed
to have any effect on the general progress of work or any of the terms and conditions of the contract
                                         .
        Conditions regarding the payment of water Charges, Sewerage Charge, etc. in connection with
the Water used for construction purpose:
        Both the water charges (if any) plus sewerage charges, incidental to water used for construction
purposes shall have to be borne by the Contractors/Agency under the following cases.
(a) In case of temporary water connection
from Municipal main:
       Water charges and sewerage charges (incidental to water used for construction purposes) have
to be borne by the Contractor/Agency.
       (b) Water used from other sources.
       Prior permission for using for the construction purposes has to be obtained from Municipal
Corporation/Local Bodies by the Contractors/Agency. Water charges Sewerage charges if any, and
other charges for use of water from other sources for Construction purposes have to be borne by the
contractors/Agency.
3.     FOR FLOOR LEVELS OF TECHNICAL ROOMS:

        The floor of technical rooms in the Auto Exchange building shall be provided in such a way that
the following limits would not be exceeded:
       (a) "If he levels at any place when checked over a distance of one meter in any direction shall
not show variation in floor level in excess of3 mm.
                                                                                                           80
       CONTRACTOR                         SDE(E)                              EE(E)
       (b) The levels if checked over a distance of 4 metres in any direction shall not be found to
exceed 5mm.
       (c) The maximum permissible variation in the levels at any two points in the same room snail
not be more than 8mm.                 .
     The above specifications are additional to the normal specifications for flooring as laid in the
CPWD specifications 1977 VoL-I.


         In cases where technical rooms are located in ground floor directly over the plinth filling, the
laying of lean concrete to under floors should be properly done and controlled in such a way that the
final finished floor levels will satisfy the above said requirements.

4. FOR WATERPROOFING TREATMENT

     GUARANTEE TO BE EXECUTED BY CONTRACTORS FOR REMOVAL OF DEFECTS AFTER
COMPLETION OF WATER PROOFING WORKS:

This agreement made this______________________________
day of two ____________________________________
thousand and between ___________________________
of ___________________________________________
of ____________ (herein-after called the Guarantor of the one part) and the BSNL (hereinafter caIled
the BSNL of other part).
WHEREAS THIS agreement is supplementary to a contract (hereinafter called the contract) dated and
made between the GUARANTOR of the one part and the B,SNL of the other part hereby the contractor
interalia, under took to render the buildings and structures in the said contract recited completely water
leak-proof.
       AND WHEREAS THE GUARANTOR agree to give a guarantee to the effect that the said a
structures will remain water and leak proof for. TEN years from the date of giving of water proofing
treatment.


        NOW THE GUARANTOR hereby guarantees that water proofing treatment given by him will
render the structures completely leak proof and the minimum life, of each water proofing treatment
shal1 be five years to be reckoned trom the date after the maintenance period prescribed in the
contract provided that the guarantor will not be responsible for leakage caused by earthquake or
structural defects or misuse of roof or alteration and for such purpose.
        (a) Mouse ofroofshal1 mean any operation which will damage roofing treatment like chopping of
fire wood things of the same nature which might cause damage to the roof.
        (b) Alterations shal1 mean construction of an additional storey or a part of the roof or
construction adjoining the existing roof whereby-proofing treatment removed in parts.
        (c) The decision of the Engineer-in-charge with regard to cause of leakage shall be final. During
this period of Guarantee the guarantor shal1 make good al1 the defects and in case of any defect being
found render the building water proof to the satisfaction of the Engineer-in-charge at his cost and shal1
commence the work for such rectification within seven days from the date of issue of the notice from
the Engineer-in-charge calling upon him to rectify the defects failing which the work shal1 be got done
by the BSNL by some other contractor at the GUARANTOR'S cost and risk. The decision of the
Engineer-in-charge as to the cost, payable by the Guarantor shall be final and binding.
       That if the Guarantor fails to execute the water proofing or commits breach there under then
the guarantor will identify principal and his successors against al1 loss damage, cost expense or
otherwise which may be incurred by reason of any default on the part of the GUARANTOR in
performance and observance of this supplementary agreement. As to the amount of loss and / or
damage and/or cost incurred by the BSNL the decision of Engineer-in-charge will be final and binding

                                                                                                             81
       CONTRACTOR                          SDE(E)                              EE(E)
on the parties.
IN WITNESS where of these presents have been executed            by      the  de I igator
 ------------------------------------- And by and for and on behalf of the BSNL on the day month and
year first above written.

       SIGNED, sealed and delivered by     (OBLIGATOR) in the presence of
1
2


Signed for an on behalf of the BSNL by     in the presence of:


I.
2.


                                  5. FORANTITERMITE TREATMENT

         GUARANTEE TO BE EXECUTE BY CONTRACTORS FOR REMOVAL OF DEFECTS AFTER
     COMPLETION IN RESPECT OF THE WORK OF ANTI-TERMITE PRECONSTRUCTION OF BUILDING:

This agreement made this day of on two thousand and
between (hereinafter called the guarantor of the one part) and the BSNL (hereinafter cal1ed the BSNL
of the other part) WHEREAS THIS AGREEMENT is supplementary to a contract (hereinafter cal1ed the
contract dated and made between the Guarantor of the one part and the BSNL ON THE OTHER PART
where by the contractor interlaid under took to render the buildings and structures in the said contract
completely tree from any infestation of termites. AND WHERE AS THE GUARANTORS agreed to give
guarantee to the effect that the said structures will remain free .from any infestation of term its for a
minimum period of ten years from the date of completion of giving ant termite preconstruction
treatment.

                                   NOW THE GUARANTOR: hereby guarantee that the ant termite
preconstruct ion treatment by him will render the structures completely tr_e from any infestation of
termites and the minimum life of such ant termite preconstruction period prescribed in the contract

                                  During this period of guarantee the guarantor shal1make good al1
defects and in case of any defect being found render the buildings from any infestation of termites to
the satisfaction of the Engineer-in-charge at his own cost and shall commence the work for such
rectification within seven days from the date of issue of the notice from the Engineer-in-charge calling
upon him to rectify the defects failing which the work shall be got done by BSNL by some other
contractor at the GUARANTOR'S cost and risk. The decision of the Engineer-in-charge as to the cost,
payable by the guarantor wil1 be final and binding. That if the Guarantor fails to execute the ant
termite preconstruction termite or commits breach there under then Guarantor will identify the
princip31 and his successors against all loss, damage cc :;t, expense or otherwise which may be
incurred by him by reason of any default on the part of the Guarantor in performance and observance
of this supplemental agreement. As to the amount of loss and or damage and or cost incurred by the
BSNL the decision


IN WITNESS WHEREOF these presents have been executed by the obligator -            and by
               and for on behalf of the BSNL
on the day, month and year first above written Signed Sealed and delivered (Obligator) in the presence
:
SIGNED for and on behalf of the BSNL by Contractor Executive Engineer.


                                                                                                            82
       CONTRACTOR                          SDE(E)                              EE(E)
                           STANDARD BANK GUARANTEE BOND

In     consideration    of     the    BSNL     (hereinafter     called   'BSNL')    having    agreed,
"exempt___________(hereinafter called "the said contractor(s) from the demand, under the terms and
conditions of an agreement No. dated ------------------ made between ____an____ for                the
work__________________________________(hereinafter called "the said Agreement") of security
deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the
said       Agreement         or       production        of       a      bank       guarantee        for
Rs______________________(Rupees______________________ only).


We_________________________________________(indicate the name of the Bank) (hereinafter
referred to as the Bank") at the request of contractors) do hereby undertake to pay to the BSNL
amount not exceeding Rs__________ on demand by BSNL.
       2. We do hereby (indicate the name of the Bank) undertake to pay the amounts due and
payable under this guarantee without any demure, merely on a demand from the BSNL stating that the
amount claimed is required to meet the recoveries due or likely to be due from the said contractor(s).
Any such demand made on the bank shall be conclusive as regards the amount and payable by the
Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount
not exceeding Rs.

        3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or
disputes raised by the contractor(s) in any suit or proceeding pending before any 'court or Tribunal
relating thereto. Our liability under this present being absolute and un equivocal. The payment so made
by us under this bond shall, be a valid discharge of our liability for payment there under and the
contractor(s) shall have no claim against us for making such payment.


4. We (indicate the name of the Bank) further agree that the guarantee herein contained shall remain
in full force and effect during the period that would be taken for the performance of the said agreement
and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said
agreement have been fully paid and its claims satisfied or discharged or till Engineer-in-charge on
behalf of the BSNL certified that the terms and conditions of the said Agreement have been fully and
properly carried out by the said contractor(s) and accordingly discharges this guarantee.

        5.We, further (indicate the name of. the Bank) agree with the BSNL that the BSNL shall have
the fullest liberty without our consent and without affecting in any manner our obligations hereunder to
vary any of the terms and conditions of the said Agreement or to extend time of performance by the
said contractor(s) from time to time or to postpone for any time or from time to time any of the powers
exercisable by the BSNL against the said contractor(s) and to for bear or enforce any of the terms and
conditions, relating to the said agreement and we shall not be relieved from our liability by reasons of
any such variation or extension being granted to the said contractor(s) or for any forbearance, act or
commission on to the said contractor(s) or by any such matter or thing whatsoever which under the
law relating to sureties would but for this provision, have effect of so relieving us.
       6. This guarantee will not be discharged due to the change in the constitution of the Bank of the
contractor(s ).
       7. We under (indicate the name of the Bank) take not to revoke this guarantee except with the
previous consent of the BSNL in writing.
8. This guarantee shall be valid up to _____________________ UNLESS EXTENDED on demand by
BSNL. Notwithstanding any thing mentioned above, our liability against this Guarantee is restricted to
Rs___________(Rupees__________________________only) and unless a claim in writing is lodged
with us within six months of the date of expiry of the extended date of expiry of this guarantee, all our

                                                                                                            83
       CONTRACTOR                          SDE(E)                              EE(E)
liabilities under this guarantee shall stand discharged.
Dated     the     ____________________         day                _________________           20        for
_____________________(Indicate the name of Bank).

AFFIDAVIT
        I/We have submitted a bank guarantee for the ________________________work ---------------
--------------------------------------- (name of work) Agreement No.___________ dated the
_____________from _____________(Name of the bank with full address).

          TO THE EXECUTIVE ENGINEER--------------------- with a view to seek exemption from
payment of security deposit in cash. This Bank guarantee expires on I/We undertake to keep the
validity of the bank guarantee intact by getting it extended from time to time at my/our own initiative
up to a period. of months after the recorded of completion of the work or as directed by the Engineer-
in-charge We also indemnify the B SNL against any losses arising out of non-encashment of the bank
guarantee, if any.
Note: This affidavit is to be given by the Executants before a First class Magistrate.


                            PARTICULAR SPECIFICATIONS.
        1. The work executed shall be measured as per metric dimensions given in the schedule of
quantities. The FPS units wherever indicated in the drawings are for guidance only.
        2. The rates for every item of work to be done under this contract will be for all heights, depths,
lengths and widths of the structure. (except where specially mentioned in the item) and nothing extra
will be paid on any account.
       The rate for all items of work wherein cement is used is inclusive of charges for curing. Nothing
extra shall be paid by the BSNL on any account for straightening the steel bars supplied in coils or with
bends.

        The surplus excavated earth which is beyond the requirements of BSNL works shall be disposed
off by the contractor on his own or shall sell the surplus earth to private parties at his discretion but
nothing extra will be paid for the carriage or disposal of surplus earth from the site of work.
       The Portland Pozzolana cement if used in works the following condition may be adhered to:
        "The period that shall elapse after the concrete has been laid before easing and removal of
centering and shuttering as given in the table 4 under Para 5.2,8.3 of the CPWD specifications 1977,
shall be modified to the following extent.


       (a) The period indicated in Table 4 shall be increased by 50% subject to maximum of 28 days.


(b) Note (i) shall be deleted
The rates quoted for centering and shuttering item shall be inclusive of the above and no claim for
keeping in position the centering and shuttering for 50% more time will be entertained."

        3. The work shall be executed as per the CPWD specification 1996 Vol. I to VI with up to date
correction slips in case of discrepancies between the specifications of a particular item as indicated in
the CPWD specifications mentioned above and as indicated in the nomenclature of the item, the latter
shall prevail.

        4. All stone aggregate, sand etc. shall be obtained only from quarries or other sources approved
by Engineer-in-charge. All materials shall be got approved by the Engineer-in-charge before they are
actually procured and used at site.
       5. The grading of sand to be used for mortars and concrete shall be determined at the site of
                                                                                                              84
       CONTRACTOR                           SDE(E)                               EE(E)
the work by the Engineer-in-charge and sand conforming to these grading only shall be used on the
work.


       6. Necessary washing, screening etc. of metal and sand shall be done at sites as per
requirements of the Engineer-in-charge.

7. The bricks shall be molded with sand from brick earth. The earth shall be fairly stiff when dry clay
loam or sand clay loam in texture. If earth is of tenacious nature on adequate proportion of sand shall
be mixed to it such that a dried lump of mixture shall not show sign of cracking. It shall be free from
grass roots stones, gravel kankar, salt petrol or to other harmful salt.
        These shall be of uniform deep red, cherry or copper col()£lr, thoroughly burn without being
verified regular in shape and size and shall have sharp and square sides and edges and pare lied faces
to ensure uniformly in thickness of the courses of brick work.

      The bricks shall be free from cracks, ships flaws stones or lumps of any kind; these shall not
show appreciable sign of efflorescence either dry or subsequent to soaking in water.
       The bricks shall be sound, hard, and homogeneous in texture and emit a clear ringing sound on
being struck. These shall have a minimum crashing strength of bricks 50 Kg/ sq.cm.


      All the bricks which absorb water more than 20% of their own dry weight after 24 hours
immersion in cold water shall be rejected.


WOODWORK

       I. The wood shall be second class Indian Teak wood or country wood as mentioned in the
relevant item of the schedule of quantities obtainable from approved sources.
        2. For all wooden doors and windows, whether factory made or otherwise, cleats and blocks
shall be provided as directed by the Engineer-in-charge and the rate for the shutter item shall include
the cost of providing wooden cleats and blocks.
       3. For these doors where hydraulic door closer and provided wooden cleats need not be provided
and no reduction in rate shall be made for the same.

       The components of material labour as indicated in Para 3 as sub clause 10 (CC) have been
predetermined as below:
(a)    Material      75 percent (X)
(b)    Labour        25 percent (Y)
       Total         100 percent
All manufactured materials used on the work shall have I.S.I. mark. Incase of materials for which no
manufacturer has been licensed to manufacture the materials, with ISI marking, the material shall
conform to the provisions of the CPWD specifications of the ISI code (in the absence of CPWD
specifications for any particular material). In the case of non-IS I marked materials tests shall be
conducted to ensure that they conform to the specifications or codes mentioned above.


        10. All materials which are to be tested before use of the work should be procured at least 2
months before use on the work so that enough time is available for testing them before they are
actually used.


       11. The cost of samples and all other incidents charges such as packing, transportation to the
laboratory, etc, shall be borne by the contractor. The testing fee, if any shall be borne by the BSNL.

                                                                                                          85
       CONTRACTOR                         SDE(E)                             EE(E)
12. Except where specifically provided, nothing extra shall be paid for doing RCC or centering,
shuttering in columns and beams where the shape is different from the usual square or rectangle.

        13. The rate for item under the sub head RCC of the schedule shall also include the cost of
treating the exposed RCC surface as follows:

       Any defects like cavities, damaged edges, honey combing etc. that emerges or removal of
centering and shuttering shall be first repaired with cement mortar 1: 1 (1 cement 1 fine sand). A coat
of cement slurry at the rate of 0.5 kg / sq.m shall then be applied 011 the repaired surface which shall
be slightly rubbed with a carborandum to achieve a uniform surface of shade to match the adjoining
surface.


        14. The contractor must associate himself with a specialized firm from for integral cement based
water proofing treatment for sunken floor and on roof and get the item of work done through the
specialized firm, 10 years guarantee in the prescribed proforma attached must be given.\the contractor
in token of his overall responsibility. In addition 10% (Ten percent) of cost of these items shall be
retained as guarantee to the performance of the work done.

        However; half of this amount (with held) shall be realized after 5 years if the performance of
work done is satisfactory. If any defect is noticed during the guarantee period, it shall be rectified by
the contractor within seven days of receipt of notice from the Engineer-in-charge and if not attended
to, the same shall be got done by another agency at the risk and cost of the contractor.
        The work shall be get done from only approved standard specialist firms in this field firms of
which are given below:
1. M/s.lndia Water proofingCo.
Rihit Chamber, 3rd floor,
Gogast Fort, Bombay-I.
2. M/s.Hindustan Water Proofing Co., E-60, Greem Park,
New Delhi-l 10016.
 M/s.Mech-AiTideWater proofing Co., A-4, Jairemeshwar Society,
S.Y. Road, Geregaon West,
Bombay-400 052.
Overseas Water Proofing Corpn.
boldota Bhavan, 2nd floor, P.B. No:719, Queen Road, Bombay-400 020.
M/s.New Asia Company (Bangalore), F.Rahdman Abdul Sakoor Bldg. 1 st Floor, Near Post Office
Madivala Extension, Bangalore-560 068.

15. The architectural drawing based on which the work is to be executed are available with the
Executive Engineer, BSNL ELECTRICAL Division, VISAKHAPATNAM and can be inspected by the
prospective tenders up to the date of receipt of tenders at his office during working hours.

17.         Before receiving final payment for the work the contractor shall give an undertaking to the
effect that at his own cost, he will rectify the defects in walls roof, like leakage, cracks etc, which may
come to light during the first monsoon after the completion of the work and for this purpose part of the
Security Deposit which may be deemed reasonable by the Engineer-in-charge shall be retained till the
first monsoon is over as Security against the contractor's failure to act upon the undertaking. This
undertaking and consequent retention of part of the Security Deposit shall not invalidate the contract.

       17. 'Plinth level' in the schedule corresponds to floor one level of specification 1977.
'1 st floor level' corresponds to floor two levels
'2nd floor level' corresponds to floor three levels., '3rd floor level' corresponds to floor four levels '4th
floor level' corresponds to floor five levels '5th floor level' corresponds to floor six levels
       18. 'T' IRON FRAMES M.S. sill tie I0 mm dia M.S. bar shall be welded to the 'T' iron frame at the

                                                                                                                86
       CONTRACTOR                             SDE(E)                                 EE(E)
bottom to keep the frame in correct position. The still tie shall be embedded in floor concrete. The rate
for '1' iron frame is inclusive of sill the required for door frames which will not be measured separately
for the purpose payment. No deduction will however be made on this account in case of window
frames. The rate shall be inclusive of fixing the hinges to the T iron frame with machine screws and the
cost of M.S. socket plates and their fixing with T -iron frames required for tower bolts and other fittings.
For the purpose of payments under this item only length of the T-iron frames along its centre one shall
be measured and its weight worked out from standard tables.

         Neither deduction nor extra payment shall be made for making holes necessary arrangements
for fixing fittings.

      Whether T-iron frames rolled steel frames or Aluminum frames are to be fixed along RCC
column, the fixing shall be done with dash fasteners 'CH' type of approved size (3/8"x2/2" long 'BD'
type 5116"x2.7/8" long) counter sunk head variant including fastener's shields and drawing the
expander nails with hammer etc. complete. In lieu of M.S. lugs nothing extra shall be payable on
account of the above alternative. .'
       19. The contractor shall at his own expense and without expense and without extra charge
make provision for all shoring pumping dredging, or bailing out water if found necessary. The
foundation trenches shall be kept free from water while all the work below ground level are in progress.



       20. All steel doors windows & ventilators shall be according to the architectural drawings and the
rate quoted by the tenderer shall include the cost of all component parts vide Para 10. of central P.
W.D. Specifications Vol 1 1977. In case of composite steel windows, the rates for fixed windows and
open able windows shall be applicable to the fixed and open able areas in the composite windows
respectively and nothing extra shall be payable for coupling sections such as Impulsions and transoms.
The open able area in composite windows shall be measured as the clear opening of open able shutters.
      21. The sanitary water supply and drainage pipes and fittings and other materials shall be of
approved quality and shall conform the relevant specifications of CPWD specification for works at Delhi
1977 volume n.

      For the execution of water supply and drainage items, the contractor should employ a licensed
plumber.



                                            Safety Code

SAFETY CODE:

        (i) Suitable scaffolds should be provided for workmen for all works that cannot safely be done
from the ground or from solid construction except such short period work as can be done safely from
ladders. When a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the
ladder is used for carrying materials as well, suitable footholds and handholds shall be provided on the
ladder and the ladder shall be given an inclination not steeper than 1/4to 1 (114 horizontal and 1
vertical).

        (ii) Scaffolding or staging more then 3.6m (12 feet) above the ground or floor, swung or
suspended from an overhead support or erected with stationary support shall have a guard rail properly
attached or bolted braced and otherwise secured at least 90cm. (3 feet) high above the floor or
platform of such scaffoldings or staging and extending along the entire length of the outside and ends
thereof with only such opening as may be necessary for the delivery of materials. Such scaffolding of
staging shall be so fastened as to prevent it from swaying from the building or structure.


       (iii) Working platform, gangways, and stairways should be so constructed that they should not
                                                                                                               87
       CONTRACTOR                           SDE(E)                               EE(E)
sag unduly or unequally, and if the height of the platform or the gangway or the stairway is more than
3.6m(12 feet) above ground level or floor level they should be closely boarded, should have adequate
width and should be suitably fastened as described in (ii) above.

      (iv) Every opening in the floor of a building or in a working platform be provided with suitable
means to prevent the fall of persons or materials by providing suitable fencing or railing whose
minimum height shall be 90cm (3 feet).


(v) Safe means of access shall be provided to all working platforms and other -working places. Every
ladder shall be security fixed. No portable single ladder shall be over 9m. (30 feet) in length while the
width between side rails in rug ladder shall in no case be less than 29cm. (1 1 Yz") for ladder up to and
including 3m. (10feet) in length. For longer ladders this width should be increased at least W' for each
additional 30 cm. (1 feet) in length. Uniform step spacing shall not exceed 33 cm (12"). Adequate
precaution shall be taken to prevent danger from electrical equipment. No materials on any of the sites
of work shall be so stacked or placed as to cause danger or inconvenience to any person or the public.
The contractor shall provide all necessary fencing and lights to protect the public from accident, and
shall be bound to bear the expenses of defense of every suit, action or other proceedings at law that
may be brought by any persons for injury sustained owing to neglect of the above precautions and to
pay and damages and cost which may be awarded in any such person or which, may with the consent
of the contractor, be paid to compromise any claim by any such person.

(vi) Excavation and TrenchingAll trenches 1.2m (4 feet) or more, in depth, shall at all times be supplied
with at least one ladder for each 30m. (100 feet) in length or fraction thereof. Ladder shall be extended
from bottom of the trench at least 90 cm (3 feet) above the surface of the ground. The side of the
trenches which are 15m (5 feet) or more in depth shall be stepped back to give suitable slope or
securely held by timer bracing, so as to avoid the danger of sides to collapse. The excavated materials
shall not be placed within 1.5 m (5 feet) of the edges, of the trench or half of the depth of the trench
whichever is more. Cutting shall be done from top to bottom. Under no circumstances undermining or
under cutting shall be done.
        (vii) Demolition - Before any demolition work is commenced and also during the process of the
work:

       (a) All roads and open areas adjacent to the work side shall either be closed or suitably
protected.
      (b) No electric cable or apparatus which is liable to be a source of danger over a cable or
apparatus used by the operator shall remain electrically charged.


       (c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or
explosion of flooding. No floor, roof or other part of the buildings shall be so ever loaded with debris or
materials as to render it unsafe.

        (viii) All necessary personal safety equipment as considered adequate by the Engineer-in-charge
should be kept available for the use of the person employed on the site and maintained in a condition
suitable for immediate use, and the contractor should take adequate steps to ensure proper use of
equipment by those concerned.
       (a) Workers employed or mixing aspartic materials, cement and lime mortars shall be provided
with protective footwear and protective goggles.


       (b) Those engaged in white washing and mixing and stacking of cement bags or any material
which is injurious to the eyes should be provided with protective goggles.


        (c) Those engaged in welding works shall be provided with welder's protective eye sight lids.


                                                                                                              88
        CONTRACTOR                         SDE(E)                               EE(E)
        (d) Stone breakers shall provided with protective goggles and protective clothing and seated at
sufficiently safe intervals.
       (e) When workers are employed in sewers and manholes, which are in active use, the
contractors shall ensure that the following safety measures are adhered to :


       (i)         Entry for workers into the line shall not; be allowed except under the supervision of
                   the, JE or ' , any other Officer.
       (ii)At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3
hours before any man is allowed to enter into these manholes for working in side.
       (iii) Before entry presence of Toxic gases should be tested by inserting wet lead acetate paper,
which changes colour in the presence of such gases and indication of their presence.


       (iv) Presence of Oxygen should be verified by lowering a detector lamp into the manhole in case
no oxygen is found inside the sewer line, workers should be sent only with, Oxygen kit.
       (v) Safety belt with rope should be provided to the workers. . While working inside the manhole
such rope should be handled by two men standing outside to enable him to be pulled out during
emergency.


        (vi)The area should be barricaded or cordoned of by suitable means to avoid mishaps of any
kind. Proper warning signs should be displayed for the safety of the public whenever cleaning works are
under taken during night or day.
       (vii) No smoking or open flames be allowed near the blacked manhole being cleaned.


      (viii) The melba obtained on account of cleaning of blacked manhole and sewer lines should be
immediately removed to avoid accidents on account of slippery nature of the melba.
       (ix) Workers should not be allowed to work il1side the manhole continuously. He should be
given rest intermittently. The Engineer-in-charge may decide the time up to which a worker may be
allowed to work continuously inside the manhole.


       (x) Gas masks with oxygen cylinder should be kept at site for use in emergency.
       (xi) Air blowers should be used for flow of fresh air through the manholes, whenever called for.
Portable air blowers are recommended for ventilating the manholes. The motors for these shall be
vapor proof and of totally enclosed type. Non sparkling gas engines also could be used but they should
be placed at least 2 metres away from the opening and on the lowered side protected from wind so that
they will not be source of friction on any inflammable gas that might be present.


    . (xii) The workers engaged for cleaning the manhole/sewers should be properly trained before
allowing working in the manhole.
       (xiii) The workers shall be provided with Gum boots or non sparkling shoes, bump helmets and
gloves non sparkling tools, safety lights and gas masks and portable air blowers (when necessary).
They must be supplied with barrier cream for anointing the limps before working inside the sewer lines.


         (xiv) Workman descending a manhole shall try each ladder step or rung carefully before putting
his full weight on it to guard against in secure fastening due to corrosion of the rung fixed to manhole
wall.

      (xv) If a man has received a physical injury he should be brought out by the sewer immediately
and adequate medical aid should be provided by him.
       (xvi) The extent to which these precautions are to be taken depend on individual situation but
                                                                                                           89
       CONTRACTOR                         SDE(E)                              EE(E)
the decision of the 'Engineer-in-charge regarding the' steps in this regard to be taken in all individual
case will be final.


       (f) The contractor shall not employ men below the age 18 years and women on the work of
painting with products containing lead in any form. Wherever men above the age of 18 are employed
on the work of lead painting, the following precautions should be taken.
      (i) No paint containing lead or lead product shall be used except in the form of paste or
readymade paint.


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

       (iii) Overalls shall be supplied by the contractors to the workmen and adequate facilities shall be
provided to enable the working painters to wash during the cessation of work.


       (iv) 1 (a) White lead, sulphate of lead of product containing these pigments shall not be used in
painting operation except in the form of pastes or paint ready for use.
       (b) Measures shall be taken, wherever required in order to prevent danger arising from the
application of a paint in the form of spray.


       (c) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust
caused by dry rubbing down and scrapping.
       2(a) adequate facilities shall be provided to enable working painters to wash during and on
cessation of work.


(b) Over-all shall be worn by working painters during the whole of working period.
        (c) Suitable arrangements shall be made to prevent clothing put off during working hours being
soiled by painting materials.


      3. (a) Cases of lead poisoning and suspected -lead poisoning shall be notified and shall be
subsequently verified by medical man appointed by competent authority of BSNL.
       (b) BSNL may require, when necessary medical examination of workers.


        4. Instruction with regard to special hygienic precautions to be taken in the painting trade shall
be distributed to working painters.

(ix) When the work is done near any place where there is risk of drowning all necessary equipments
should be provided and kept ready for use and all necessary steps taken for prompt rescue of any
person in danger and adequate provision should be made for 'prompt first aid treatment of all injuries
likely to be sustained during the course of the work.

        (x) Use of hoisting machines and take including their attachments, anchorage and supporters
shall conform to the following standards or conditions.

       I. (a) These shall be good mechanical constructions, sound materials and adequate strength
and free from patent defects and shall be kept in good working order.
       (b) Every rope used in hoisting Or lowering materials or as a means of suspension shall be of
durable quality and adequate strength, and tree from patent defects.


       2. Every crane driver or hoisting appliance operator shall be properly qualified and no person
                                                                                                             90
       CONTRACTOR                          SDE(E)                              EE(E)
under the age of 21 years should be in charge of any hoisting machine including any scaffolding which
or give signals to operator.
       3. In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley
block used in hoisting or as means of suspension the safe working load shall be ascertained by ad
equated means. Every hoisting machine and all gear referred to above shall be plainly marked with the
safe working load. In case of a hoisting machine having a variable safe working load and the conditions
under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to
above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing.


4. In case of BSNL machines, the safe working load shall be notified by 1he Electrical Engineer-in-
charge. As regards contractor's machines the contractors shall notify the safe working load of the
machine to the Engineer-in-charge whenever he brings and machinery to site of work and get it
verified, by the Electrical Engineer concerned.

        (xi) Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting
appliances should be provided with the efficient safeguards. Hosting appliances should be provided with
such means as will reduce to the minimum the risk of accidental descent of the load. Adequate
precautions should be taken to reduce the minimum the risk of any part of a suspended load becoming
accidentally displaced. When worker employed on electrical installations which are already energized,
insulating mats wearing apparel such as gloves, sleeves and boots as may be necessary should be
provided. The workers should not wear any rings, watches and carry keys or other materials which are
the good conductors of electricity.
        (xii) All scaffolds, ladders and other safety devices mentioned or described herein shall be
maintained in safe condition and not scaffold, ladder or equipment shall be altered or removed while, it
is in use. Adequate washing facilities should be provided at or near places of work.


       (xiii) These safety provisions should be brought to the notice of all concerned by display on a
notice board at a prominent place of work spot. The person responsible for compliance of the safety
code shall be named therein by the contractor.
       (xiv) To ensure effective enforcement of the rules and regulations relating to safety precautions
the arrangements made by the contractor shall be open to inspection by the Labour Officer, Engineer--
in-charge of the BSNL or their representatives.


(xv) Notwithstanding the above clauses from (i) to (xiv) there is nothing in these to exempt the
contractor from the operations of any other act Rule in the Republic of India.


      MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY
   ARRANGEMENTS FOR WORKERSEMPWYEDBY BSNL OR ITS CONTRACTORS

1. Application:

       These rules shall apply to all building and construction works in charge of Postal/BSNL in which
twenty or more workers are ordinarily employed or are proposed to be employed on any day during the
period which the contract work is in progress.

2. Definition:

       Work place means a place where twenty or more workers are ordinarily employed or are
proposed to be employed in connection with construction work on any day during the period' during
which the contract work IS in progress.

3. First-Aid Facilities:

                                                                                                           91
        CONTRACTOR                        SDE(E)                              EE(E)
       (l) At every work place there shall be provided and maintained, so as to be easily accessible
during working hours, first aid boxes at the rate of not less than one box for 150 contract labour or part
thereof ordinarily employed.

       (2) ,The first-aid box shall be distinctly marked with a red cross on white back ground and shall
contain the following equipments namely:
(a) For work places in which the following equipments:
(i) 6 small sterilized dressings.
(ii) 3 medium size sterilized dressings
(iii) 3 large size sterilized dressings.
(iv) 3 large sterilized burn dressings.


(v) 1 (30 ml) bottle containing a two percent' alcoholic solution of iodine.
(vi) I (30 ml) bottle containing Sal volatile having the dose and mode of administration indicated on the
label.
(vii) 1 snake-bite lancet.
(viii) 1 (30m\) bottle of potassium permanganate crystals.
ix) 1 pair of scissors.
(x) 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour
Institutes, Government of India.


(xi) I bottle containing 100 tablets (each of5 grams) of aspirin.
(xii) Ointment for bums.
(xiii) A bottle of suitable surgical antiseptic solution.

(b) For work places in which the number of contract labour exceed 50--

       Each first-aid box shall contain the following equipments:
       (i) 12 small sterilized dressings.
       (ii) 6 Medium size sterilized dressings.
       (iii) 6 large size sterilized dressings.
        (iv) 6 large size sterilized bum dressings.
       (v) I roll of adhesive plaster.
       (vi) 1 snake - bite lancet.


(vii) 1 (60 m!) bottle containing salvo lattice having the dose and mode of administration indicated on
the label.


(viii) 6(15 grams) packets sterilized cotton wool.

       (ix) 1 (60 m!) bottle containing two percent alcoholic solution iodine.

       (x) 1 (30 grams) bottle of potassium permanganate crystals.
       (xi) 1 pair of scissors.

                                                                                                             92
       CONTRACTOR                             SDE(E)                             EE(E)
       (xii) 1 copy of the first-aid leaf-let issued by the Director General, Factory Advice Service and
Labour Institutes, Government of India.
       (xiii) A bottle containing 100 tablets (each of5 grams) of aspirin.
(xiv) Ointment for bums.

(xv) A bottle of suitable surgical antiseptic solution. .

      (3) Adequate arrangements shall be made for immediate recumbent of the equipment when
necessary.
       (4) Noting except the prescribed contents shall be kept in the First-Aid box.


       (5) The First-Aid box shall be kept in charge of a responsible person who shall always be readily
available during the working hours of the work place.
         (6) A person in charge of the First-aid Box shall be a person trained in First-Aid treatment, in
work places where the number of contract labour employed is 150 or more.
         (7) In work places where the number of contract Labour employed is 500 or more and hospital
facilities are not available within easy distance of the works, First-Aid posts shall be established and run
by a trained compo under. The Compo under shall be

on duty and shall be available at all hours when the workers are at work.

       (8) Where work places are situated in places which are not town or cities, a suitable motor,
transport shall be kept readily available at all hours when the workers are available to convey injured
person/or persons suddenly taken ill to the nearest hospital.

4. Drinking Water:

       (a) In every work place, there shall be provided and maintained at suitable places, easily
accessible to labour, a sufficient supply of cold water fit for drinking.
        (b) Where drinking water is obtained from an intermittent public water supply each work place
shall be provided with storage where such drinking water shall be stored.


        (c) Every water supply of storage shall be a distance of not less than 50 feet from any latrine,
drain or other source of, pollution. Where water has to 'be drawn from an existing well which is within
such proximity of latrine, drain or any other source of pollution' the well shall be properly chlorinated
before water is drawn from it fot drinking. All such wells shall be entirely closed in and be provided with
a trap-door which shall be dust and water proof.
      (d) A reliable pump shall be fitted to each covered well, the trap-door shall be kept locked and
opened only for cleaning or inspection which shall be done at least once a month.


5. Washing Facilities:

       (i) In every work place adequate and suitable facilities for washing shall be provided and
maintained for the use of contract labour employed therein.

      (ii) Separate and adequate screening facilities shall be provided for the use of male and female
workers.

       (iii) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic
condition.

6. Latrines and Urinals:
                                                                                                               93
       CONTRACTOR                             SDE(E)                             EE(E)
         (i) Latrines shall be provided in every work place on the following scale namely.
         (a) Where female are employed, there shall be at least one latrine for every 25 females.

         (b) Where males are employed, there shall be at least one latrine for every 25 males.
       Provided that where the number of males or females exceed 100, it shall be sufficient if there is
one latrine for 25 males or females as the case may be, upto the first 100, and for every 50 thereafter.


         (ii)         Every latrine shall be under cover and so partitioned off as to secure privacy and shall
                      have a proper door and fastenings.

        (iii)Construction of latrines: The inside walls shall be constructed of masonry or some suitable
heat-resisting non-absorbent materials and shall be cement washed inside and outside at least once a
year. Latrines shall not be of a standard lower than bore hole system.
        (iv) (a) Where workers of both sexed are employed, there shall be displays out side each block
of latrine and urinal; a notice in the language understood by the majority of the workers "For Men Only
"or "For Women Only" as the case may be.


         (b) The notice shall also bear the figure of a man or a woman, as the case may be.

         (v) There shall be at least one urinal for male workers up to 50 and one for female workers up
to fifty employed at a time provided that where the number of male or female workmen, as the case
may be exceeds 500, it shall be sufficient, if there is one urinal for every 59 males or females up to the
first 500 and one for every 100 on part thereof, thereafter.
      (vi) (a) The latrines and urinals other than those connected with a flush sewerage system shall
comply with the requirements of the Public Health Authorities.


   12)          The latrines and urinals shall be adequately lighted and shall be maintained in a clean and
                sanitary condition at all times.


        (vii) Water shall be provided by means of a tap or otherwise so as to be conveniently accessible
in or near the latrines and urinals.


        (viii) Disposal of excreta: Unless otherwise arranged for by the local sanitary authority,
arrangements for proper disposal of excreta by incineration at the work place shall be made by means
of suitable incinerator. Alternately excreta may be disposed of by putting a layer of night soil at the
bottom of a pucca tank prepared for the purpose and covering it with a: 15 cm layer of waste or refuse
and then covering it with a layer of earth for a fortnight (when it will turn into manure).


        (ix) The contractor shall at his own expense carry out all instructions issued to him by the
Engineer-in-Charge to effect proper disposal of soil and other conservancy work in respect of the
contractor's workmen employees on the site. The contractor shall be responsible for payment of any
charges which may be levied by Municipal or cantonment Authority for execution of such. work on his
behalf.


7. Provisions of shelter during rest:
At every place there shall be provided free of cost, four suitable sheds, two for males and the other two
for rest separately for the use of men and women labour. The height of each shelter shall not be less
than 3 metres from the floor level to the lowest part of the roof. These shall be kept clean and the
space provided shall be on the basis of 0.6 sq.m. per head.

                                                                                                                 94
         CONTRACTOR                            SDE(E)                              EE(E)
       Provided that the Engineer-in-Charge may permit, subject to his satisfaction, a Portion of the
building under construction or other alternative accommodations to be used to the purpose.

8. Crèches:

        (a) At every work place, at which 20 or more women workers are ordinarily employed there
shall be provided two rooms of reasonable dimensions for the use of their children under the age of six
years. One room shall be used as a play room for the children and the other as their bedroom. 'The
rooms shall be constructed with specifications a Similar to those given in Para 2 (c_bY Clause 19 (i)
Thatched Roof:


       (b) The rooms shall be provided with suitable and sufficient openings for light arid, ventilation.
There shall be adequate prov4sionof sweepers to keep the places clean.         {.'_    .
        (c) The contractor shall supply adequate number of toys and games in the play room arid
sufficient number of cots and beddings in the bed room.


      (d) The contractor shall provide one Dais to look after the children in the crèche when the
number of women workers does not exceed 50 and two Dais when the numbers of women workers
exceed 50.

      (e) The use of the rooms earmarked as Crèches shall be restricted to children, their attendants,
and mother of the children.
       (f) The standard of construction and maintenance of crèches shall be as may be specified in this
behalf of the chief labour commissioner (central) .


9. Canteens:
(1) In every work place where the work regarding the employment of contractor labour is likely to
continue for six months, hundred or more are ordinarily employed and wherein contract labour
numbering one an adequate canteen shall be provided by the contractor for the use of such contract
labour.


        (2) The canteen shall be maintained by the contractor in an efficient manner.

       (3) The canteen shall consist of at least a dining hall, kitchen, store room, pantry and washing
places separately for workers and utensils.
        (4) The canteen_ shall be sufficiently lighted at all times when any person has access to it.


      (5) The floor shall be made of smooth and impervious mater\al and inside walls shall be lime
washed or colour washed every four months. Provided that the inside walls of the kitchen shall be lime-
washed every four months.
        (6) The precincts of the canteen shall be . maintained in a clean and sanitary condition.


      (7) Waste water shall be carried away in suitable covered drains and shall not be allowed to
accumulate so as to cause a nuisance.

(8) Suitable arrangements shall be made for the collection and disposal of garbage’s.

        (9) The dining hall shall accommodate at a time 30 percent of the contract labour working at a
time.


                                                                                                            95
        CONTRACTOR                          SDE(E)                              EE(E)
        (10) The floor area of the dining hall excluding the area occupied by the service counter and any
furniture except tables and chairs shall not be less than one square metre per dinner to be,
accommodated as prescribed in Sub-Rule 9.
     (11) (i) A portion of the dining hall and service counter shall be partitioned of and re-served for
women workers in proportion to their number.


       (ii) Washing places for women shall be separate and screened to secure privacy. '
     (12) Sufficient tables, stools chairs or benches shall be available for the number of dinners to be
accommodated as prescribed in Sub-Rule 9.


       (13) (a) (i) There shall be provided and maintained sufficient utensils, cookers, furniture and
any other equipments necessary for the efficient running - of the canteen.
        (ii) The furniture utensils arid other equipments shall be maintained in a clean and hygienic
condition.

       (b) (i) Suitable clean clothes for the employees serving in the canteen shall be provided and
maintained.

       (ii) A service counter, if provided, shall have tap or smooth and impervious material.
       (iii) Suitable facilities including an adequate supply of hot water shall be provided for the
cleaning of utensils and equipments.


      (14) The food stuffs and other items to be served in the canteen shall be in conformity with
normal habits of the contract labour.

(15) The charges food stuffs, beverages and any other items served in the canteen shall be based on
"No Profit, No loss" and shall be conspicuously displayed in the canteen.
    . (16) In arriving at the price of food stuffs, and other articles served in the canteen, the following
items shall not be taken into consideration as expenditure namely:


(a) The rent of land and building:
(b) The depreciation and maintenance charges for the building and equipments provided for the
canteen:


        (c) The cost of purchase repairs and replacement of equipments including furniture crockery,
cutlery and utensils:
       (d) The water charges and other charges incurred for lighting and ventilation:


       (e) The interest and amounts spent on the provisions and maintenance and equipments
provided for in the canteen:
       (17) The accounts pertaining to the canteen shall be audited once every 12 months by
registered accountants and auditors.


10. Anti-Malarial Precautions:

       The contractor shall at his own expense, confirm to all anti-malarial instructions given to him
       by the Engineer-in-charge including the filling up of any borrow pits which may have been dug
by him.

                                                                                                              96
       CONTRACTOR                           SDE(E)                               EE(E)
        11. The above rules shall be incorporated in the contracts and in notices inviting tenders and
shall form an integral part of the contractors.
12. Amendments:
Government may, from time to time, add to or amend these rules and issue such directions as it may
consider necessary for the purpose of removing any difficulty which may arise in the administration
thereof.




                            Contractor Labour Regulations
1. Short Title:
         These regulations may be called the" Contractors "Labour Regulations".
2.       (i) Definitions:
         "Workmen" means any persons employed by a BSNL or its Contractor directly or indirectly
through a sub-contractor with or without the knowledge of the contractor with or without the
knowledge of the BSNL to the any skilled, semiskilled or unskilled manual supervisory, technical or
clerical work for hire or reward, whether the terms of employment are expressed or -implied but does
not include any person.
         (a)     Who is employed namely in a managerial or administrative capacity: or
        (b) Who being employed in a supervisory capacity draws wages exceeding five hundred rupees
per mensem or exercises either by the nature of the duties attached to the office or by reason of power
vested in him, functions mainly of managerial nature.
        (c) Who is an out worker that is to say a person to who any articles or materials are given out
by or on behalf of the principal employer to made up, cleaned, washed, altered ornamental finished,
repaired, adopted other wise processed for sale for the purpose of the trade or business of the trade of
the principal employer and the process is to be carried out either in the home of the out workers or in
some other premises not being premises, under the central and management of the principal employer.
         (ii) "Fair Wages" means wages whether for time or piece work fixed and notified under the
provisions of the Minimum Wages Act from time to time.
        (iii) "Contractors" shall include every person who undertakes to produce a given result other
than a mere supply of goods or articles of manufacture through contract labour for any work and
includes a subcontractor.
        (iv) "Wages" shall have the same meaning as defined in the payment Wages Act.,

   (a) Normally working hours of an adult employee should not exceed 9 hours a day and in case of a
       child 4 and half hours in a day. The working day shall be so arranged that inclusive of interval
       for rest, if any, it shall -!lot spread over more than 12 hours on any day

(b)     When an adult worker is made to work for more than 9 hours on any day or for more than 48
hours in any week he shall be paid overtime for the extra hours put in by him at double the ordinary
rate of wages. Children shall not be made to work extra hours.
        c(i)   Every workers shall be given a weekly holiday normally on a Sunday, in accordance with
provisions of the Minimum wages.(Central Rules 1960 as amended from time to time respective of
whether such workers is governed by the Minimum Wages Act or not.
        (ii)   Where the Minimum Wages prescribed the Government under the Minimum Wages Act
are not inclusive of the wages for the weekly day or rest the worker shall be entitled to rest day wages
at the rate applicable to the next preceding day. Provided he has worked under the same contractor for
a continuous period of not less than 6 days.

       (iii) Where a contractor is permitted by the Engineer-in-charge to allow a worker to work on
a normal weekly holiday, he shall grant a substituted holiday to him for the whole day on one of the
five days immediately before or after the normal weekly Holiday and pay wages to such worker for the
work performed on the normal weekly holiday at overtime rate.


                                                                                                           97
       CONTRACTOR                          SDE(E)                              EE(E)
3. Display of Notice regarding wages etc., The contractor shall before he commences his work on
contract, display and correctly maintain and continue to display and correctly maintain in a clean and
legible condition in conspicuous places on the work notices in English and the local Indian Languages
spoken by the majority of the workers, 'given the minimum rates of wages fixed under the Minimum
Wages Act, the actual wages being paid the hours of work for which such wages are earned, wage
periods dates of payments of wages and other relevant information as per Appendix "A".

4., Payment of wages:
       (i)The contractor shall fix wage period in respect of which wages shall be payable.
       (ii) No wages period shall exceed one month.

         (iii) The wages of every persons employed as contract labour in an establishment or by a
contractor where less than one thousand, such persons are employed shall be paid before the expiry of
the seventh day and in other cases before the expiry of tenth day after the last day of the wage period
in respect of which the wages are payable.
         (iv) Where the employment of any worker is terminated by or on behalf of the contractor the
wages earned by him shall be paid before the expiry of the second working day from the date on, which
his employment is terminated.          .
         (v) All payments of wages shall be made on a working day at the work premises and during the
working time and on a date notified in advance, and in case the work is completed before the expiry of
the wage period, final payment shall be made within 48 hours of the last working day.
          (vi)Wages due to every worker shall be paid to him direct or to other person authorized by him
in this behalf.
(vii) All shall be paid in current coin or currency or in both.

(viii) Wages shall be paid without any deductions of any kind except those specified by the central
Government by general or special order in this behalf or permissible under the payment of wages Act.
1956,
(ix)    A notice showing the wages period and the place and time to disbursement of wages shall be
displayed at the place of work and a copy sent by the contractor to the Engineer- in-charge under
acknowledgment.
        (x) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of
the Junior Engineer or any other authorized representative of the Engineer in charge who will be
required to be present at the place and time of disbursement of wages by the contractor to workman. .
        (xi)  The contractor shall obtain from -the junior Engineer or any other authorized
representative of he Engineer-in-charge as the case may be, a certificate under his signature at the end
of the entries in the "Register of wages" or the "Wage cum-muster roll as the case may be in the
following form.

        “Certified that the amount shown in common has-been paid to the workman
  Concerned in my presence on at ................
         5.FINES AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES.
         (i)The wages of a worker shall be paid to him without any deductions of any kind except the
following:
         (a)Fines.                          .
         (b)Deductions for absence from duty i.e., from the places or where by the terms of his'
employment he is required to work, the amount of deduction shall be in proportion to the period for
which he was absent.
         (c).Deduction for damage to or loss of goods expressly entrusted to the employed person for
custody, or of loss of money or any other deduction which he is required to account, where such
damage or loss is directly attributable to his neglect or default.

       (d) Deduction for recovery of advances or for adjustment of over payment of wages; advances
granted shall be entered in a register.
       (e) Any other deduction which the Central government y from time to time allow.
       (ii) No fines should be imposed on any worker save in respect of such acts and omissions on his
                                                                                                            98
       CONTRACTOR                          SDE(E)                              EE(E)
    part as have been approved of by the Chief Labour Commissioner.
           Note: An approved list of acts and omissions for which fines can be imposed is enclosed at

    Appendex -1.

    (iii) No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his
    wages until the workers has been given an opportunity of showing cause against such fines or
    deduction.
    (iv)The total amount of fine which may be imposed in anyone wage period on a worker shall not exceed
    an amount equal to three paise m a rupee of the total wages payable to him in respect of that wage
    period.
                (v)No fine imposed on workers shall be recovered from him by installment or after the expiry:
    or sixty days from the date on which it was imposed.
                (vi)Every time shall be deemed to have been imposed on the day of the actor. Omission in
                respect of which it was imposed. .
                6. LABOUR RECORDS.
                (i) The contractor shall maintain a
    "Register of persons employed" on work contract in Form XIII of the CL(R&A) Central Rules 197]
    (Appendix-B).
                (ii) The contractor shall maintain a "Muster Roll" register in respect of all workmen employed
    by him on the work under contract in Form XVI of the CL(R&A) Rules] 97] (Appendix-C):
             (iii) The contractor shall maintain a "Wage Register" in respect of all workmen employed by him
    on the work under contract Form XVI of the CL(R&A) Rules 197] (Appendix-D)..
             (iv) Register of accidents: - The contractor shall maintain a register of accidents in such form as
    may be convenient at the work place but the same shall include the following particulars,
             (a) Full particulars of the labour who met with accident.
.   (b) Rate of Wages
    (c) Sex
    (d) Age
    (e) Nature of accident and cause of accident. (f) Time and date of accident.
    (g) Date and time when admitted in hospital.
    i) Date of discharge from the Hospital.
    j) Period of treatment and result of treatment.
    (j) Percentage of loss of earning capacity and disability as assessed by Medical Officer.
    (k) Claim required to be paid under workmen's compensation Act.
    (I) Date of payment of compensation.
    (m) Amount paid with details of the persons to whom the same was paid.
    (n) Authority by whom the compensation as assessed. .
    (0)Remarks.
    (v) Register of Fines - The contractor shall maintain a Register of Fines, in the Form XII of the CL(R&A)
    Rules 1971 (Appendix H).
             The contractor shall display in a good condition and in conspicuous place of work the approved
    list Of Acts and Omissions for which fines can be imposed. (Appendex-I).
             (vi) Register of deductions - The contractor shall maintain a "Register of deductions for damage
    or loss" in Form XX of the CL(R&A) Rules 197] (Appendix-J)
             (vii) Register of Advances - The contractor shall maintain a "Register of Advances" in Form XXII
    of the CL(R&A) Rule, 1971 (Appendix-K)
                (viii) Register of overtime – The contractor shall maintain in a register time" in from XXIII of
    the CL(R&A) Rules 1971.(Appendix-L)
    7. Attendance Card-cum Wage Slip;
            (i)       The contractor shall issue an attendance card cum wage slip" to each. Workman
    employed by him in the specimen form at (Appendix-E),
    (ii) The card shall be valid for each wage period.

                                                                                                                   99
           CONTRACTOR                           SDE(E)                               EE(E)
         (iii) The contractor; shall mark attendance of each workman on the card twice each day, once
at the commencement of he day and again after the rest interval before he actually starts work. .
         (iv) The card shall remain impassion of the worker during the wage period under
reference:
         (v) The contractor shall paste wage slip portion on the reverse of heard at least a date prior to
the disbursement of wages in respect of the wage period under reference.
          (vi) The contractor shall obtain the igl1ature or thumb impression of he worker on the, wages
slip at the time of disbursement of wages and retain he card with under reference.
          8. Employment card:
The contractor shall issue an Employment card in Form XIV of the CL(R&A) Central Rules] 971 to each
worker within three' days of the employment of the worker (Appendix F).
9. Service Certificate_'
On termination of the employment for any reason whatsoever the contractor shall issue to the
workmen whose service have been terminated a service certificate in Form-XV of the CL(R&A) Central
Rules 1971 (Appendix).
10. Preservation of Labour Records:
        All records required to be maintained under Regulations Nos.6 and 7 shall be preserved in
original for a period of three years from the date of last entries made in them arid shall he made
available for inspection by the Engineer- in-charge, Labour Officer or any other Officers authorized by
the BSNL Civil Wing in this behalf. .

       II. Powers of Labour Officers to make investigations or enquiry;
       The Labour Officer or any other person authorized by Central Government on their behalf shall
have power to make enquiries with a view to ascertaining and enforcing due and proper observance of
the Fair wage clauses and the Provisions of Regulations. He shall investigate into any complaint
regarding the default made by the contractor or sub-contractor in regard to such provision.

12. Report of Labour Officer:

The Labour Officer or other persons
authorized as aforesaid shall submit a report or result of his investigation or enquiry to the Executive
Engineer concerned indicating the extent if any to which the default has been committed with a note
then necessary deductions from the contractors will be made and the wages and other dues be paid to
the laborers concerned. In case an appeal is made by the contractor under clause 12 of these
regulations actual payment to laborers will be made, by the Executive Engineer after the
superintending Engineer has given his decision on such appeal.

(a) The Executive Engineer shall arrange payments to the labour concerned within' 45 days from the
receipt of the report from the labour Officer or the Superintending Engineer as the case may be.

13.    Appeal against the decision of Labour Officer:


       Any person aggrieved by the decision and recommendations of the Labour Officer or other
person so authorized may appeal against such decision to the Superintending Engineer concerned
within 30 days from the date of decision, forwarding simultaneously a copy of his appeal to the
Executive Engineer concerned but subject to such appeal, the decisions of the Officer shall be final and
binding upon the Contractor.

14. Prohibition regarding representation through lawyer:

       (i) A workman shall be entitled to be represented in any investigation or enquiry under these
regulations by
        (a) An officer or a registered trade union of which he is a member.
                                                                                                             100
       CONTRACTOR                          SDE(E)                              EE(E)
        (b) An officer of a federation of trade unions referred to in clause (a) is affiliated.
        (c) Where the employer is not a member of any registered trade union, by an officer a
registered trade union connected with, or by and other employed in the industry in which the worker
employed.
    • (iii) An employer shall be entitled to be represented of any investigation or enquiry under these
       regulations by -       .       .

      •   An officer of an association or employers in which he is a member.
      •   An Officer of a federation of associations of employers, to which associations referred to in
          clause (a), is affiliated.
      •   Where the employed is not a member of any association of employers, by an officer of
          association of employer connected with or any other employer, engaged in the industry in which
          the employer is engaged.
      •   No party shall be entitled to be represented by a legal practitioner in any investigation or
          enquiry under these regulations.

15.       Inspection of Books and slips.

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

16. Submission of Returns:
      The Contractor shall submit periodical returns as may be specified from time to time.

17. Amendments:
       The central Government may from time to time add to or amend the regulations and on any
question as to the application interpretation or effect to those regulations the decision of the
superintending Engineer concerned in that behalf shall be final.

                                            LABOUR BOARD
                                                                                              Appendix 'A'
Name of work: ___________________________________________________________

Name of Labour Officer_________________________________________

Address of Labour Officer____________________________________________

Name of Labour Enforcement Officer____________________________________

Address of Labour Enforcement Officer _______________________________

                                                  DATE.


  Sl. No.        Category        Minimum           Minimum                Number        Remarks
                  Wage             Wage              Present

                   Fixed            Paid




                                                                                                              101
          CONTRACTOR                        SDE(E)                              EE(E)
Weekly holiday ……………………………………………………………………………………………….
Wage Period………………………………………………………………………………………………………….
Date of payment of wages                                             ……………………………………………………………………………..
Working hours……………………………………………………………………………………………………………………….

Rest. Interval…………………………………………………………………………………………………………………………


                                                                                                  FORM XIII (See Rule 75)
                                                                                                      Appendix ‘B’
                                                                       Register of Workmen Employed by Contractor

                                  Name and address of contractor………………………………………………………….
                                  Name and address of establishment in under which contract is carried on………………
                                  Nature and location of work……………………………………………………………...
                                  Name and address of principal employer………………………………………………...




                                                                                                                                           Signature of thumb
         Name and Surname




                                                                                                                                                                Date of termination
                                            Father’s/ Husbands




                                                                                                                                           impression of the
                                                                                workman (village
                                                                                Permanent home


                                                                                and Thasil, taluk




                                                                                                                        Commencement
         And workman




                                                                                Address of the




                                                                                                        Local address
                                                                 Employ ment




                                                                                and District)
                              Age and Sex




                                                                                                                                                                                          Reasons for
                                                                                                                                                                                          termination
                                                                 designation




                                                                                                                        of employ




                                                                                                                                                                of employ
                                                                 Nature of




                                                                                                                                           workman




                                                                                                                                                                                                        Rename
                                                                                                                        Date of
Sl. No




                                            name




                                                                                                                        ment




                                                                                                                                                                ment
1             2                3                 4                   5                   6               7                    8                  9                   10                     11          12

                                                                                        FORM XVI [(See rule 78(2) (a)]                                                                    Appendix
                                                                               ‘C’
                                                                                                    MUSTER ROLL

Name and address of contractor………………………………………………………….
Name and address of establishment in under which contract is carried on………………
Nature and location of work……………………………………………………………...
Name and address of principal employer………………………………………………...

   Sl.                      Name of                                 Father’s / husband’s name                              Sex                          Dates                               Remarks.
   No                       workman.
                                                                                                                                       1       2            3       4                 5


                          FORM XVII [See rule 78 (2) (a) ] Appendix ‘D’
Name and address of contractor__________________
Name and address of establishment in under which contractor is carried on__________
Nature and location of work ____________________
Name and address of principal employer _____________________________________
Wage period monthly / fortnight ____________________________________________




                                                                                                                                                                                                                 102
              CONTRACTOR                                                                SDE(E)                                                           EE(E)
                                                                                                                                                                                                           Amount of wages earned




                                                                                                                                                                                                                                                                                                                                          Signature thumb impression of


                                                                                                                                                                                                                                                                                                                                                                               his
                                                                                                                                                                                                                                                                                                 (indicated
                                                                   Designation nature of work done
                                   Serial No. In the register of




                                                                                                                                                        Daily rate of wage piece rate




                                                                                                                                                                                                                                                                                                                                                                               or
                                                                                                         No. of days worked
             Name of workman




                                                                                                                                                                                                                                                        payment to be indicated




                                                                                                                                                                                                                                                                                                                                                                               Initials of contractor
                                            workman




                                                                                                                                                                                                                                                        Payments (Nature of




                                                                                                                                                                                                                                                                                                 any
                                                                                                                                                                                                             Dearness Allowance
                                                                                                                                   Units of work done




                                                                                                                                                                                                                                                                                                                   Net amount Paid
                                                                                                                                                                                                                                                                                       Total




                                                                                                                                                                                                                                                                                                                                                                               representative
                                                                                                                                                                                                                                                                                                 if
                                                                                                                                                                                             Basic Wages




                                                                                                                                                                                                                                                        Other Cash




                                                                                                                                                                                                                                                                                                 Deduction
                                                                                                                                                                                                                                       Over time




                                                                                                                                                                                                                                                                                                                                          workman
                                                                                                                                                                                                                                                                                                 nature)
Sl. No




1            2                     3                               4                                     5                         6                    7                                    8              9                          10               11                         12           13                 14                 15                                   16


                                                                                                                                                                                                           WAGE CARD

Name and address of contractor __________________________                                                                                                                                                                                                                                      Date                                       of                                                            issue
_____________________________________________________

Name of work with location ______________________________                                                                                                                                                                                                                                      Designation
______________________________________________________

Name of Work man _____________________________________                                                                                                                                                                                                                                         Month                                  /                                               Fortnight
__________________________________________________

Date of wages ___________________________________________________

1        2   3                 4      5                  6         7                                 8     9                  10                11      12                              13       14         15                    16   17          18        19          20       21       22    23           24      25             26              27                   28             29             30    31




Morning
        Rate
Evening
        Amount
Initial


Received        from    _______________________________        the                                                                                                                                                                                                                                                                   sum                                       of                            Rs.
_______________________________________________ on account of wages.

The Wage Card is valid fro one month from the date of issue.                                                                                                                                                                                                                                                                                                              Signature.


                FORM XIX                                                                                                                                                                                                                                    FORM XIV
           [See rule 78(2) (b)]                                                                                                                                                                                                                           [See rule 76]
                WAGE SLIP                                                                                                                                                                                                                               EMPLOYMENT CARD
Name and address of contractor                                                                                                                                                                                                     Name and address of contractor ______________________
______________                                                                                                                                                                                                                     Name and address of
Name and Father’s / Husband Name of                                                                                                                                                                                                Establishment in/under
workman ___________                                                                                                                                                                                                                which contract is carried on _____________________
Nature and location of work for the                                                                                                                                                                                                Name of work and

                                                                                                                                                                                                                                                                                                                                                                                                                   103
                       CONTRACTOR                                                                                                                                                                          SDE(E)                                                                                              EE(E)
Week/ Fortnight Month ending                      location of work ______________________________
_______________________                           Name and address
17)    No. of days worked                         of Principal Employer __________________________
_____________________________                     1).No. of days worked ______________________________
18)    No. of units worked in case                2) S.No. in the register of
       of piece rate workers ___________          workman employed _______________
19)    Rate of daily wages / piece rate           3).Nature of employment
___________________                               / designation _____________________
20)    Amount of overtime wages                   4).Wages rate (with particulars
_______________________                           of unit in case of piece work) ___________________
21)    Gross wages payable                        5).Wages period_____________________________
____________________________                      6).Tenure of Employment _____________________
22)    Deductions, if any                         7).Remarks_______________________________________
______________________________
23)    Net amount of wages paid
                                                                                 Signature of Contractor
________________________




                         Initials of the
Contractor
                        or his representative
                                                    Form XV
                                                  (See Ruile 77)
                                                                Appendix ‘G’

                                           Service Certificate

Name and address of contractor ________________Age or Date of Birth _________________Name
and address of establishment in / under which

Nature and location of work ___________________Identification Marks _________________Contact
is carried on ____________________________

Name and address of workmen ________________ Father’s / Husband’s Name _____________Name
and address of Principal Employer ____________


 Sl.     Total Period for which       Nature of           Rate of wage [with                 Remarks
 No.           employed               work done      particulars of Unit in case of             6
  1                                       4                  piece work ]
             From           To                                     5
               2            3



                                                                                 Signature

                                                                                                           104
       CONTRACTOR                          SDE(E)                                EE(E)
                                                                                                                    Form XII
                                                                                                              Appendix ‘H’
                                                                                                               [See Rule 78 (2)(d)]
                                                                                                                  REGISTER OF FINES

Name          and address of contractor _____________________
Name          and address of establishment in which contract is carried on ____________________
Name          of location of the work ________________________
Name          and address of Principal Employer ________________________________________




                                                                                   Act / Omission for which
                                                         Designation / Nature of




                                                                                                                                                                                   Wage period and wages



                                                                                                                                                                                                           Amount of fine imposed
                                                                                                                                                          employee’s explanation
                                Father’s / Husbands
         Name of Workman




                                                                                                                                   showed cause against
                                                                                                                 Date of Offence
                                                              Employment




                                                                                                                                                                                                                                    Date on which fine
                                                                                                                                   Whether workman




                                                                                                                                                          Name of person in
                                                                                                                                                          whose presence
                                       Name




                                                                                   fine imposed




                                                                                                                                                          was heard




                                                                                                                                                                                                                                                         Remarks
                                                                                                                                                                                   payable




                                                                                                                                                                                                                                    realized
Sl. No




                                                                                                                                   fine
                       LIST OF ACTS AND OMISSIONS FOR WHICH FINES CAN BE IMPOSED
In accordance with rule 8 (d) of the C.P.W.D. 24)            Giving of false information regarding name,
Contractor’s Labour Regulations to be displayed age, father’s name etc.
prominently at the site of work in both English 25)          Habitual loss of wage cards supplied by
and Local Language.                                  employers
13)     Willful insubordination or disobedience 26)          Unauthorized use of employers property of
whether alone or in combination with other.          manufacturing or making of unauthorized articles
14)     Theft fraud or dishonesty in connection at the work place.
with the contractor beside a business or property 27)        Bad workmanship in construction and
of BSNL                                              maintenance by skilled workers which is not
15)     Taking or giving bribes or any illegal approved by the BSNL and for which the
gratifications                                       contractors      are   compelled     to    undertake
16)     Habitual late attendance                     rectifications.
17)     Drunknners fighting, riotous or disorderly 28)       Making false complaints and / or misleading
or in difference behaviour.                          statements.
18)     Habitual negligence.                         29)     Engaging on trade within the premises of
19)     Smoking near or around the area where the establishments.
combustible or other materials are locked.           30)     Any unauthorized divulgence of business
20)     Habitual indiscipline                        affairs of the employees.
21)     Causing damage to work in the progress 31)           Collection or canvassing for the collection of
or to property of the BSNL or of the contractor      any money within the premises of an establishment
22)     Sleeping on duty                             unless authorized by the employer.
23)     Malingering or slowing down work.            32)     Holding meeting inside the premises without
                                                     previous sanction of the employers.
                                                     33)     Threatening or intimating any workman
                                                     employee during the working hours within the
                                                     premises.
                                                                                             Appendix “J”
                                                FORM XX
                                           [See Rule 78 (2)(d)]
                               REGISTER OF DEDUCTIONS FOR DAMAGE OR LOSS

Name          and          address           of       contractor ___________________
Name          and          address           of       establishment in under which contract is carried on __________________
Name          and          location          of       work _______________________
Name          and          address           of       Principal Employer ___________________________________________
                                                                                                                                                                                                                                                                   105
                   CONTRACTOR                                                                                 SDE(E)                                                                              EE(E)
                   Sl.. No.    1                                                                                                                                   Sl. No.                                                                                                                    Sl. No.
                                                                                                                                                                      1                                                                                                              1




                                              Name
                                              Name
                                              Name
                                              Name
                                                                                                                                                                                     Name
                                                                                                                                                                                     Name
                                                                                                                                                                                     Name
                                                                                                                                                                                     Name
                   Name of workman                                                                                                                                                                                                                                                   Name of workman




                                              and
                                              and
                                              and
                                              and
                                                                                                                                                                                     and
                                                                                                                                                                                     and
                                                                                                                                                                                     and
                                                                                                                                                                                     and
                             2                                                                                                                                                                                                                                                       2
                                                                                                                                                                   Name
                     Father’s / Husband’s                                                                                                                            2                                                                                                                    Father’s Name
                            Name                                                                                                                                                                                                                                                     3




                                              address
                                              address
                                              address
                                                                                                                                                                                     address
                                                                                                                                                                                     address
                                                                                                                                                                                     address




                                              location
                                                                                                                                                                                     location
                                 3                                                                                                                          Father’s / Husband’s




CONTRACTOR
                                              of
                                              of
                                              of
                                              of
                                                                                                                                                                                     of
                                                                                                                                                                                     of
                                                                                                                                                                                     of
                                                                                                                                                                                     of
                                                                                                                                                                   Name                                                                                                              Designation / Nature of
                              Sex                                                                                                                                                                                                                                                    Employment
                                                                                                                                                                      3                                                                                                              4
                                4.
                                                                                                                                                                                                                                                                                     Particulars of damage
                   Designation / nature of                                                                                                                                                                                                                                           or loss
                                                                                                                                                               Designation /                                                                                                         5
                        employment                                                                                                                         Nature of Employment
                             5.                                                                                                                                      4                                                                                                               Date of damage or loss
                                                                                                                                                                                                                                                                                     6
                        Dates on which
                       overtime worked                                                                                                                     Wage period and wages
                                                                                                                                                                                                                                                                                     Whether workman
                                6                                                                                                                                payable                                                                                                             showed cause
                                                                                                                                                                     5                                                                                                               against deduction
                   Total overtime worked




SDE(E)
                                                                                                                                                                                                                                                                                     7
                                                                                                                                                                                     work ___________________



                                                                                                                                                             Date & Amount of
                                                                                                                                                                                     contractor _______________




                   or production in case of
                   piece rate                                                                                                                                 advance given
                                                                                                                                                                                                                                                                                     Name of person to




                                              work _______________________
                               7.                                                                                                                                    6                                                                                                                whose presence
                                                                                                                                                                                                                                                                                     employee’s explanation




                                              contractor _____________________
                                                                                                                                                                                                                                                                                     was heard
                                                                                                                                                                                                                                                              FORM XXII




                   Normal rate of wages                                                                                                                     Purpose (s) for which




                                                                                                                                            FORM XXIII

                                                                                                                     [See Rule 78 (2)(e)]
                                                                                                                                                                                                                                                                                     8




                                                                                                                    REGISTER OF OVERTIME
                                                                                                                                                                                                                                                      REGISTER OF ADVANCES




                              8                                                                                                                                advance made
                                                                                                                                                                     7
                                                                                                                                                                                                                                                          [See Rule 78 (2)(d)]




                                                                                                                                                                                                                                                                                     Amount of deduction
                   Overtime rate of wages                                                                                                                                                                                                                                             imposed
                             9                                                                                                                             No. of installments by                                                                                                    9
                                                                                                                                                           which advance to be
                      Overtime earnings                                                                                                                            repaid                                                                                                            No. of Installments.
                             10                                                                                                                                       8                                                                                                              10

                   Rate on which overtime
                                                                                                                                                            Date and amount of
                         wages paid                                                                                                                                                                                                                                                      Date of recovery




EE(E)
                                                                                                                                                           each installment repaid
                                                                                                                                                                                     Principal Employer ___________________________________




                            11                                                                                                                                                                                                                                                       First Installment
                                                                                                                                                                                     establishment in under which contract is carried on __________




                                                                                                                                                                      9                                                                                                              11
                   Remarks



                                              Principal Employer ________________________________________
                                                                                                                                                             Date on which last
                                              establishment in under which contract is carried on _______________
                              12.
                                                                                                                                                           installment was repaid
                                                                                                                                                                                                                                                                                          Last installment
                                                                                                                                                                     10                                                                                                                          12

                                                                                                                                                                  Remarks                                                                                                                    Remarks
                                                                                                                                                                                                                                                                       APPENDIX’S’




                                                                                                                                                                    11                                                                                                               13
                                                                                                                                            APPENDIX ‘L’




             106
                              107
CONTRACTOR   SDE(E)   EE(E)
                              108
CONTRACTOR   SDE(E)   EE(E)

								
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