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NAME OF TENDERER: ……………………………………….
NAME OF WORK : .
INDEX
SL.
DETAILS
NO.
1) Index
2) Notice Inviting Tenders
3) Application for issue of Tender Schedule
4) Declaration to be given by the Contractor
5) Important instructions to all tenderers
Important instructions to tenderers who have downloaded the
6)
tender document from web
Declaration (to be given by tenderers who have downloaded the
7)
tender document from web)
8) PWD-6
9) Proforma of Schedules
10) General Rules and Directions
11) Conditions of Contract
12) Important Note for Contractors
13) Model Form for Bank Guarantee
14) Specification for the work of Providing EI& Fans
15) List of approved makes
16) Schedule of Quantities
Item Rate tender and conditions of contract (Form CPWD 8) along
17)
with amendments.
SUB DIVISIONAL ENGINEER (E)
BSNL ELECTRICAL SUB DIVISION I
HYDERABAD.
1
% SUB DIVISIONAL ENGINEER (E)
BSNL ELECTRICAL SUB DIVN-I
BSNL ELECTRICAL DIVN-II
6th floor BSNL BHAVAN
Adarshnagar, Hyderabad
________________________________________________
Ph No : 23224134
Lr.No. A-9/SDE/BSNL ESDH-I/ 2010/1040 Dated : 9-12-2010
N O T IC E INVITING TENDER
The Sub Divisional Engineer (E) BSNL Electrical Sub Division I, Hyderabad, invites on behalf of the
Chairman, BSNL, sealed item rate tenders from eligible Contractors for the following works:
Tender cost
Time for
Work No. Name of work Estimated cost EMD (Non-
completion
Refundable
Providing EI, Fans and
compound lighting for
proposed Zonal office in plot
1 One
No2 at Road No 10, Banjara 24745/= 495/= 172/=
month
Hills, Hyderabad. SH:
Providing service cabling and
other connected works.
A) ELIGIBILITY CRITERIA:
1. For EI Works Registered contractors governed by the relevant Registration clauses and financial
limit.
2. For Fire alarm system works the firm should have executed at least 3 works each having not less
than 5 Nos. of fire detectors in the last 3 years in Central/State Govt./PSU reckoned from the
date of NIT.
3. For all other works the contractor should have completed at least 3 Jobs of similar
magnitude in Central/State Govt / PSU in the last 3 years in reckoned from the date of NIT
The Contractor shall submit and confirm:-
1. Valid Chartered Accountant certificate and Registration Certificate with attested copies as applicable
along with application on their printed letter heads for purchase of Tenders.
2. List of Works completed along with attested copies of certificates, testimonials of their satisfactory
completion from the Department concerned.
3. The tenderer shall submit the tenders in 2 sealed covers marked as cover 1st & 2nd. The 1st cover
should contain Earnest Money Deposit in the shape of Demand Draft of scheduled bank or a National
bank/state bank drawn in favour of Accounts Officer (cash), O/o the Executive Engineer(E), BSNL
Electrical Division II, Hyderabad. And the 2nd cover should contain the tender documents. In case
the 1st cover is not annexed or Earnest Money is not in proper form the 2nd cover containing tenders
will not be opened.
4. Validity of Tender shall be for 90 DAYS from the date of opening of the Tender.
Conditions & Tender forms can be had up to 4.00PM on or before 18.12.2010 on payment of Rs. 172/-
(Non-refundable).
The tender will be received up to 3.00PM on 20.12.2010 only by this office and opened at 3.30PM
the same day. In case holiday is declared on the opening day the tender will be opened on the next
working day.
2
(i) The conditional tender shall be summarily rejected.
(ii) 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.
(iii) The tender documents shall not be sent through courier/post. The tender documents received
through courier / post shall not be opened /considered at all.
NOTE: Tender document can also be downloaded from the website www.ap.bsnl.co.in
The firm who quotes on the tender downloaded from website shall be strictly follow the
following procedure:
1) The tender shall be submitted in two envelopes.
i)First envelope shall contain tender application (If tender downloaded from WEB), tender
fee, attested document proving fulfillment of eligibility criteria as per the tender notice
and EMD in proper form. Separate DD should be attached for tender fee and EMD.
ii) Second envelope shall contain duly filled tender document.
Separate Tender schedule & EMD shall be submitted for
iii)
each work.
The same shall be clearly written on the envelopes.
2) The first envelope containing tender fee, attested document proving fulfillment of eligibility
criteria and EMD in proper form shall be opened first. All originals of eligibility criteria shall be
produced for verification at the time of tender opening.
In case:-
i) Tender fee is not submitted in proper form ii) EMD is not in
proper form&
iii) Firm fails to fulfill eligibility criteria on the basis of document submitted in the first
envelope, the second envelope shall not be opened.
3) If any difference / discrepancies found between downloaded tender form,
any hard copy issued from Sub Division office, the contents in Draft NIT issued
from SDE (E)‟s office will be final & binding.
NIT No. 102/SDE/BSNL ESDH-I/10-11
Sub Divisional Engineer (E)
BSNL Electrical Sub Division I
Hyderabad.
Copy to:
1. Web site www.ap.bsnl.co.in
2. The Executive Engineer(E), BSNL, Electrical Division No.II, Hyderabad
3. SDE(E) Electrical Sub Division II, III & V.
4. All Eligible Contractors.
5. Notice Board.
D.O. NIT No.: 378/BEDH-II/2010 dated: 9-12-2010
3
APPLICATION FOR PARTICIPATION IN TENDER
IN
BSNL ELECTRICAL SUB DIVISION I, HYDERABAD.
To
The Sub Divisional Engineer (E),
BSNL Electrical Sub Division I,
DTTC Bldg, O.U. Campus,
Hyderabad – 500 007.
Sub: Submission of application for the work of :
Ref : Your NIT No.
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 upto 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 Date of Issuing authority
No. work done completion
4
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 Value Position Remarks
of division where of of work
work is being work in
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 ( … nos).
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: . . . . . . . . . . .. . . . . .
5
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 Shri ……………… ……………….
………………… ……………. 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.)
6
IMPORTANT INSTRUCTIONS TO ALL TENDERERS
All tenderer should read the following important instructions carefully before
actually quoting rates:-
01. The tenderers should 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 „9‟ to „10‟ 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.
7
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 „1‟ 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 settings etc are such that document is printed as appearing in the web
& there is no
change in formatting, number of pages etc.
3. The tenderer should ensure that no page in the down loaded tender document is
missing.
4. The tenderer should ensure that all pages in the down loaded tender document are
legible & clear & are printed on a good quality paper.
5. The tenderer should ensure that every page of the down-loaded tender document
is signed by tenderer with stamp (seal).
6. On page „1‟ of the down loaded tender document, the name of the tenderer and
the name of the work should be filled by the tenderer.
7. The tenderer should ensure that the down loaded tender document is properly
bound and sealed before submitting the same.
8. The loose / spiral bound tenders, not properly sealed shall be rejected out-rightly.
9. In case of any correction/addition/alteration/omission in the tender document, it
shall be treated as non-responsive and shall be rejected.
10. 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.
11. The tenderer should read carefully & sign the declaration given on the next page
before submitting the tender.
12. The cost of tender should be submitted as detailed in NIT.
13. In case of any doubt in the down loaded tender, the same should be got clarified
from the O/o.The Sub Divisional Engineer (Electrical), BSNL Electrical SD I,
Hyderabad. (Tel.No. 040 23224134) before submitting the tender.
8
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)
9
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:
Tender cost
Time for
Work No. Name of work Estimated cost EMD (Non-
completion
Refundable
Providing EI, Fans and
compound lighting for
proposed Zonal office in plot
1
No2 at Road No 10, Banjara 24745/= 495/= 172/= One month
Hills, Hyderabad. SH:
Providing service cabling and
other connected works.
a). SUB DIVISION :- BSNL ELECTRICAL SUB DIVISION I, HYDERABAD .
1.1 The works are estimated to cost as mentioned above. Those estimates however are given merely as
a rough guide.
1.2 Tenders will be issued to eligible contractors satisfying under mentioned eligibility condition.
ELIGIBILITY CRITERIA:
1. For EI Works Registered contractors governed by the relevant Registration clauses and
financial limit.
2. For Fire alarm system works the firm should have executed at least 3 works each having not
less than 5 Nos. of fire detectors in the last 3 years in Central/State Govt./PSU reckoned
from the date of NIT.
3. For all other works the contractor should have completed at least 3 Jobs of similar
magnitude in Central/State Govt / PSU in the last 3 years in reckoned from the date of NIT
The Contractor shall submit and confirm:-
1. Documentary proof of satisfying above conditions and valid Charted Accountant certificate
towards deposition of income tax to be furnished along with application.
2 Agreement shall be drawn with the successful tenderer on prescribed Form No. CPWD 8, which is
available as Government of India Publication. 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 as mentioned against each work as per NIT.
4 The site for the work shall be made available.
5 Receipt of applications for issue of forms will be stopped by 1600 Hrs. One day before the date
fixed for opening of tenders. Issue of tender forms will be stopped O ne day 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 The Sub Divisional Engineer (Elect), BSNL Electrical Sub Division I,
6th floor, BSNL Bhavan, Adarsh Nagar, Hyderabad – 500 063. between hours of 11.00 AM
and 04.00 P.M. everyday except on Sundays and Public Holidays. Tender documents,
excluding standard form, will be issued from his office, during the hours specified above, on
payment of Rs.172/-(Non- refundable) in cash.
10
7 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 The Sub Divisional Engineer (Elect), BSNL
Electrical Sub Division I, 6 t h flo o r , BSN L Bh av an , Ad ar sh N ag ar , Hyderabad – 500 063,
up to 3.00 P.M. on 20.12.2010and will be opened by him or his authorized representative in
his office on the same day at 3.30 P.M.
8.1 The tender shall be accompanied by earnest money (unless exempted), as mentioned
against each work 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/ issued in favour
of AO(Cash), BSNL, Electrical Division II, HYDERABAD., and payable at Hyderabad.
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: -
Work No. Name of work
1 Providing EI, Fans and compound lighting for proposed Zonal office in plot No2 at Road
No 10, Banjara Hills, Hyderabad. SH: Providing service cabling and other connected
works
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
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
11
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 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.2.15P‟ and in case of words, the word, „ Rupees‟ should precede and the
word „Paise‟ should be written at the end. Unless the rate is in whole rupees and followed by
the word „only‟ it should invariably be up to 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/labour 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.
12
b) Standard C.P.W.D. Form 8 Signature of Divisional Officer/ Sub-Divisional
Officer
…………………………………
For and on behalf of BSNL
13
PROFORMA OF SCHEDULES
(Operative Schedules to be supplied separately to each intending tenderer)
SCHEDULE 'A'
Schedule of quantities : Appended from page 35 to page 45.
SCHEDULE 'B'
Schedule of materials to be issued to the contractor.
Description Rates in figures and words
Sr. Place of Issue
No. Quantity at which the material will
of item be charged to the
contractor
1 2 3 4 5
ATTCHED TO THE SCHEDULE( if any)
SCHEDULE 'C'
Tools and plants to be hired to the contractor
Sr.
No. Description Hire charges
Place of Issue
of 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 29 to page 29.
SCHEDULE 'E'
Schedule of component of Cement, Steel, other materials, Labour etc. for price escalation.
NIL
CLAUSE 10 CC
Component of Cement expressed as per cent of total value of work
Component of Steel expressed as per cent of total value of work
Component of civil(except cement and steel) / Electrical construction Materials expressed as per cent
of total value of work
Component of Labour expressed as per cent of total value of work
Xc _____ %
Xs _____ %
Xm _____ % NA
Y _____ %
14
SCHEDULE : F
Reference to General Conditions of contract
Work No. Name of work Estimated cost
1 Providing EI, Fans and compound lighting for proposed Zonal office in
plot No2 at Road No 10, Banjara Hills, Hyderabad. SH: Providing 24745/=
service cabling and other connected works
i) Performance Guarantee : 5 % of the tendered value of the work
ii) Security Deposit : 5 % of the tendered value of the work
GENERAL RULES and DIRECTIONS: Officer inviting tender EE (E), BSNL Electrical
Division II, Hyderabad. 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 Sub Divisional Engineer (E), BSNL Electrical
Sub Division I, Hyderabad.
2(viii) Accepting Authority SDE(E)/ EE (E), BSNL, Hyderbad.
2(x) Percentage on cost of materials and labour 10%
to cover all overheads and profits.
2(xi) Standard Schedule of Rates SR’94
2(xii) Department BSNL
9(ii) Standard CPWD contract Form CPWD Form 8 as modified and corrected up to
date.
Clause 1
i)Time allowed for submission of 2 weeks
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 Superintending Engineer (E), BSNL, Electrical
Authority for fixing compensation under Clause 2. Circle, Hyderabad.
Clause 2A
Whether Clause 2A shall be applicable. No
Clause 5
Number of days from the date of issue of letter 10 days
of acceptance for reckoning date of start
Milestone(s) as per table given below :-
15
Table of Mile Stone(s)
Sl. Description of Time allowed Amount to be with-held in case of non
No. Milestone (Physical) in days (from achievement of milestone
date of start)
1
NA
2
OR
Sl. Financial Progress Time allowed (from Amount to be with-held in case of
No. date of start) non achievement of milestone
1 1/8th (of whole work) 1/8th (of whole work)
th
2 3/8 (of whole work) ½ (of whole work)
NA
th th
3 3/4 (of whole work) 3/4 (of whole work)
4 Full Full
Time allowed for execution of each work. As mentioned against each work as
Authority to give fair and reasonable extension of per NIT.
SE (E)
time for completion of work.
Clause 7
Gross work to be done together with net payment/ As Applicable.
adjustment of advances for material collected, if any,
since the last such payment for being eligible to
interim payment.
Clause 10CC
Clause 10CC to be applicable in contracts with NA
stipulated period of completion exceeding the
period shown in next column.
Clause 11
Specifications to be followed for execution of work Specifications as per Section I to III
appended with Schedule of work.
Clause 12
12. 2 & 12.3 Deviation Limit beyond 25%
which clauses 12.2 and 12.3 shall apply
12.5 Deviation Limit beyond which NA
clauses 12.2 and 12.3 shall apply for foundation work
Clause 16 Superintending Engineer (E), BSNL,
Competent Authority for deciding reduced rates. Electrical Circle, Hyderabad.
Clause 36 (i)
Minimum Qualifications and experience required for
Principal Technical Representative.
16
a) For works with estimated cost
put to tender more than
i) Rs. 10 lakhs for Civil work Graduate or retired AE possessing
ii) Rs. 5 Lakhs for Elect/ Mech. at-least recognized diploma
Works
b) For works with estimated cost
put to tender more than
i) Rs. 5 lakhs but less
than Rs. 10 lakhs for Civil works
ii) Rs. 1 lakh but less than Rs.5 Lakhs for Elect/ Mech. Recognised diploma holder
Works
c) Discipline to which the Principal Technical Elect./ Mech
Representative should belong.
d) Minimum experience of works Three (3) years.
e) Recovery to be effected from the contractor in Rs.4,000/- p.m. for Graduate
the event of not fulfilling provision of clause 36(1) Rs.2,000/- p.m. for Diploma holder
Clause 42
i) (a) Schedule/ statement for determining NA
theoretical quantity of cement and bitumen on the
basis of Delhi Schedule of Rates _____ printed by
C.P.W.D.
ii) Variations permissible on theoretical quantities
a) Cement for works with estimated cost put to tender
not more than Rs.5 lakhs.
for works with estimated cost put to tender more than 3% ±
Rs.5 lakhs.
b) Bitumen All works. 2% ±
2.5% ± only and nil NA
c) Steel Reinforcement and structural steel sections on minus side
for each diameter, section and category. 2% ±
d) All other materials
NIL
17
RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION
Rates in figures and words at which recovery shall be
made from the Contractor
Sr. Rate in schedule ‘B’ plus 10% in case materials
Description of Item
No. issued by Department
Excess beyond Less use beyond
permissible variation permissible variation
1 Cement
2 Steel reinforcement
3 Structural Sections NIL
4 Bitumen issued free
Bitumen issued at stipulated
5
Fixed price
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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, which 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
paise and considering more than fifty paise as rupee one.
4. The Officer inviting tender or his duly authorised 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 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
19
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 „Paise‟ 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 octroi,
local area development tax on materials/labour 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.
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 authorised 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. 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.
20
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
thereunder from time to time. If he fails to do so, his failure will be a breach of the contract and the
Engineer-in-charge may 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 employee 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.
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 Archt./Corporate office for
non executive employees and all SSA in a circle including circle office/Chief Eng./Chief Archt./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.
21
The format of the certificate to be given is "I…………………………………………………Son of Sh
………………………………………………… 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
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.
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.
23
5. The work to be carried out under the Contract shall, except as otherwise provided in these conditions,
include all labour, 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.
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.
24
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 10 th 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 1/8 th of the time allowed under the contract has
elapsed, 3/8th of the work before ½ of the time has elapsed and 3/4 th 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.
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 –
25
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 specialised 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 prorata 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).
17. 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.
As per the EPF & Misc 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 Laborers / 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.
26
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 & Misc provisions Act, 1952. To prevent any
litigations, 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
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.
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 finalised.
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 .
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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 Rs. 20,000/-.
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:
29
SPECIFICATION FOR THE WORK OF PROVIDING EI & FANS & HT
1. The work shall be carried out as per current CPWD specifications for Electrical works as amended from time
to time and Indian Electricity Rules as amended up to date.
2. The work shall be supervised by a qualified technical staff.
3. Layout of the work will be given by the Engineer in charge or his duty authorized representative at the site
of work.
4. Following categories of wiring shall be done on separate conduits.
a)power plug b) light and fan wiring c) Emergency light point wiring
d) Telephone wiring e) AC unit wiring.
5. The No. of power plug points and emergency light point (fed from DC supply )shall not exceed 2 per circuit.
6. Earthing sets work shall be carried out in the presence of the Engineer-in-charge or his authorized
representative.
7. Samples of all the materials, fittings accessories switch gears etc ., shall be approved from the Engineer-in-
charge before using the same on the work. Rejected material shall be removed immediately form the site of
work.
8. The contractor will have to carry out the following test at his cost and intimate test results before final bills
are paid. Nothing extra will be paid to him on this account.
1) earth test 2) Polarity test 3) Insulation test 4) Earth continuity test of the surface recessed conduit pipes.
9. Any damages done to the building by the contractor during the executing of the work shall have to be made
good at his cost and risk. If it is not done within a reasonable time determined by the Executive Engineer (E)
then the same will be got done at his cost departmentally after giving notice to him.
10. The outlet boxes, IC boxes for switch gears and ends of conduit etc.,for different categories of conduit runs
catering for different types of electrical wiring as mentioned in clause above shall be painted inside/outside
with different colours satisfying different categories mentioned so as to avoid mixing of various circuits and
their wiring and nothing extra will be paid for this.
11. At the time of laying conduit pipes in the slab and in recess the contractor will keep wire of 15 SWG GI
throughout the conduit pipe and will have to take special care so that the conduit does not pass through air
conditioning ducts, grills columns, beams etc. If any such necessity is foreseen special written permission of
Executive Engineer (Electrical) should be obtained before such work is carried out. In case of failure the
contractor will not be paid on this account. The contractor should recess the conduit in the walls before
they are plastered and co-ordination with the progress of building work. Any damages thus done will have to
be made good at the cost of the contractor. The conduit pipes should be mechanically and electrically
continuous.
12. The bakelite covers for the switches, plug sockets etc., shall not be removed or broken for taking
connections which shall be done at their back by prdg. suitable wooden reaper in the IC boxes where found
necessary. Alla wooden boxes for switches, plug and regulator etc., shall be provided with 1/8” thick
bakelite sheet covers.
13. The runs of various circuit wiring at various places shall be kept minimum by taking the runs on walls where
cross of columns is not necessary. This has to be decided before casting of slab so that unnecessary length of
conduit are not laid there in.
14. All the IC distribution sub-main board and corresponding switch near shall be sign-written clearly indicating
the No. of distribution boards, type of load it is serving and the number of circuits contained in the
distribution box. Details of the routes led from a particular distribution box shall be placed in tabular from
on the reverse of the cover of the distribution box.
15. Under ground cables both of 11KV and 1.1 KV grade should be subjected to pressure of insulation tests
before and after laying the same in the ducts. In case of unsatisfactory tests, the cost of all repairs and
replacement and all extra works of removal and relaying will have to be made good by the contractor at his
own risk.
16. While making the end connections of wires, no strand shall be cut and the termination of wires shall be
done with necessary lugs and ferrules without any extra payment.
17. The busbars of the single phase distribution box shall be of solid aluminium strip instead of sheet metal.
30
18. Lugs should be provided while terminating 8 SWG GI wire fro earth continuity without any extra payment.
19. The termination of conduit etc., in the junction box to be provided above DBs should be done by making
proper holes knockouts instead of cutting the box.
20. The contractors will have to make arrangements to take the materials to site of work at his own cost and
risk. Octroi if paid by the contractor for the materials supplied by the Department can be claimed by his
against the original vouchers.
21. If any conduits were laid before award of this work the recovery for the same will be made from the
contractor at rates specified in the SR 94 (internal) plus abatement of tender.
22. The contractor shall submit the completion plan as required vide general specifications for electrical works.
Part-I (internal) & part – II (external) as applicable within 30days the completion of the work. In case of
contractor fails to submit the completion plan as aforesaid he shall be liable to pay sum equivalent to 2.5%
of the value of the work subject to a ceiling of Rs. 2500/- as may be fixed by the S.E. (E).
23. for the HT work The agency must have A grade licence and must have sufficient similar experience.
Sub divisional Engineer(E)
BSNL Electrical Sub Division I
Hyderabad
31
LIST OF APPROVED MAKES FOR E.I. & FAN, PUMP SET, COMPOUND LIGHT
Sl.No Item : Approved makes
1 ACB : L & T/ Siemens/Crompton/Control & Switchgear/ GE Power
controls controls
2 MCCB : Siemens/L & T/ GE Power controls/Control
and Switchgear/ Crompton
3 TPN Switches : Siemens/L & T/GE Power Controls / H.H Elecon/ Hevells
/Crompton/ HRC fuses Standard (upto 400 A)
4 CT : AE/IMP/Marshal/Pactil/Kappa/LT/
Ashmor/Indcoil/waco/Meco
5 AMMETER/VOLT AE/IMP/Universal/Reshabh/Kaycee/Meco/Enercon
METER
6 SELECTOR SWITCH : L&T/KAYCEE/AE/IMP/Thakoor/Reco
/Vaishno/Seizer/Rasscontrol
7 INDICATING LAMP : Vaishno/Siemens/L&T/AE/IMP/Rasscontrol Teknic/
Crompton/Kaycee
8 CAPACITOR : KhatauJunkar/Crompton/L&T/Universal Electric/
Usha/Asian/ AE/ IMP
9 Cables (a) Up to 1.1 : ISI mark
KV qrade
(b) Above 1.1 KV ISI mark
qrade
10 PVC Insulated : ISI mark
copper conductor
wire
11 Fire extinguishers : ISI mark
12 RUBBER MATTING : ISI mark
13 Cable joint kit : Raychem/M-SEAL/Densons
14 Single Phasing L&T/Minilac/Zerotrip/Siemens
Preventor
15 Timers : L&T/Siemens/Minilac/Telemechanique/AE
16 MCBs/Isolators & : Bentex/Clariton/Havells/Indokupp/Siemens /Standard/
Distribution board Cromton/MDS
17 Change over switch : Standard/Havells/controls and Switch Gear/H-H Elecon
18 Piano switch : ISI mark
19 Mono block pump Beacon/Batliboi/Kirloskar/Jyoti/Mather&platt
set /KSB/Crompton/WASP/BE /PEC
20 Starter : L&T/Siemens/BCH/ABB/MEI/GE Power control
21 G.I/M.S.PIPE : Tata/ATI/ITC/ATC/IIA/JST/ITS/JINDAL/ZENITH/GSI/TTA/BST
22 Foot valve : ISI Mark
23 Gate valve : Sant/Leader/Trishul/Fountain/Annapurna
24 M.S.Conduit ISI mark
25 Submersible pump : KSB/Calama/Amrut/Kirloskar/PEC/BE
26 ELCB : Standard/MDS/Havells/Datar/Siemens/GE Power Control
27 Contractors : Siemens/L&T/GE power controls/Cromton/MEI/Laxmi
28 Battery : Exide/Standard/Amco/Amarraja/Pacesetter
32
LIST OF APPROVED MAKES FOR E/A SET
Sl.No Item : Approved makes
1 ENGINE Cummins/Ruston/Escorts/Doel/Cater pillar/Ashok
Leyland/Greaves Volvo Penta (200 – 500) KVA
2 ALTERNATOR : Kirloskar/NGEF/Leroy Somer/Jyoti frame Size PTG (62.5-500
KVA) Stamford/Crompton Greaves (Slip Ring/Brushless. 6-200 KVA)/AVK-
SEG (Upto 250 KVA)/Electrodyne (Upto to 100
KVA) Crompton Greaves Al series (15 to 100 KVA)/ELGI (20 to 380
KVA)/KEL (Brushless-upto 100 KVA)
3 ACB : L&T/Siemens/Crompton/Control & Switchgear/GE Power Controls
4 MCCB : Siemens/L&T/GE Power Controls/Control and
Switchgear/Crompton
5 CONTRACTORS : Siemens/L&T/GE Power Controls/Crompton/MEI/Laxmi
AUXILARY
5(a) IDMT RELAY: AVKC / SEGC.
6 C.T : AE/MP/Marshal/Pactil/Kappa/L&T/Ashmor/Indcoil/Waco/Meco.
7 PF METER : IMP/AE/Reshabh/Meco/Universal/Digitron
8 AMMETER : AE/IMP/Universal/Reshabh/Kaycee/Meco/Enercom
VOLTMETER
9 SELECTOR : L&T/KAYCEE/AE/IMPT/Thakoor/Reco/Vaishno/Seizer/Rass control
SWITCH
10 INDICATING LAMP Vaosjmp/Siemens/L&T/AE/IMP/Rass Control/Teknic/
Crompton Kaycee
11 FREQUENCY : Digitron/Reshabh/Meco/Keltron/IMP/AE
METER
12 LEAD ACID : Exide/Stanford/Furukawa/AMCO/Pacesetter/NICCO/Prestolite
BATTERY /Amara Raja
13 G.I/M.S PIPE : BST/TATA/ATL/ITC/ATC/IIA/JST/ITS/JINDAL/ZENITH
/GSI/TTA
14 AVM. PADS : Dunlop / Poly Bond
15 Fire Extinguishers ISI mark
16 RUBBER MATTING : ISI mark
17 Cables
18 (a) Up to 1.1 KV ISI : ISI mark
mark grade
(b) Above 1.1KV : ISI mark
grade
G.I VALVE : Kirloskar/Fountain/Trishul/Leader
19 TRIVECTOR : Sunco / Jaipur / IMP
METER
20 KWH Meter : Simco/Jaipur/Universal/Rishabh/AE/IMP
33
Work No. 1:
Name of Work: Providing EI, Fans and compound lighting for propesed Zonal office in Plot#2 at
Road No10, Banjara Hills, Hyderabad. SH: Providing service cable and other connedted works.
S.No DESCRIPTION OF ITEM QTY RATE UNIT AMOUNT
1 Supplying and laying 10Sqmm weather proof,
twin core aluminium conductor cable on GI
bearer wire etc., as required.
25 Mtrs Mtr
2 Supplying and fixing the following items
including testing etc., as required.
a) 70W SV Lamp
9 Nos Each
b) 70W SV Lamp Control gear 4 Nos Each
c) 40W Electronic Ballast 8 Nos Each
d) 40W Fl Tubes 12 Nos Each
3 Supplying and fixing angle holder including
connections etc., as required. 1 No Each
4
Supplying and fixing bulkhead fitting suitable
for 100W incandescent lamp including
supplying and fixing 100W incandescent lamp
and testing etc., as required.(M/s Bajaj or
SSmake) 1 No Each
5
Wiring for circuit wiring with the following
size of PVC insulated copper conductor single
core cable in surfasce/recessed steel conduit
as required.
a) 6x1.5Sqmm 5 Mtrs Mtr
6
Supplying and laying 25mm dia 'B' class GI
pipe for mechanical protection etc., as
required. 45 Mtrs Mtr
34
Name of the Contractor........................................... P.W.D.8
* Date of application ...........................................
* Tender issued on ...........................................
* I.T. Clearance Certificate Valid upto ...........................................
Regd. with .............................. as class .................. Monetary Limit ............. class
Cost of tender Rs.169/-
BHARAT SANCHAR NIGAM LTD.
(A Government of India Enterprises)
(CIVIL / ELEC. WING)
State : A.P. Division : Hyderabad
Branch : Electrical Sub–Division : I, Hyderabad.
ITEM RATE TENDER & CONTRACT FOR WORKS
(Central PWD Code, Paragraph. 95)
General Rules and Directions G.O. 150, dt : 23-5-1966
1. AlJ works proposed for execution by is willing to underta_eeach item of the work tenders
contract wilJ be notified in a form of invitation to tender which propose any alteration in the work specified in the
posted in public placed and signed by the Sub Divisional said form of invitation to tender or in the time al1owed
Offi_er/Divisional Officer. 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
This form wilJ state t_e work to be carried out, single tender shal1 include more than one work, but
as welJ as the date for submitting and opening tenders contractors who wish to tender for two or more works
and the time alJowed for carrying out the work; also the shall submit a separate tender for each. Tenders shall
amount of earnest money to be deposited with the have the same and number of the works to which they
tender, and the amount of the security deposit to be refer written outside the envelope.
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 4A. The rate(s) and amount must be quoted in
documents required in connection with the work signed full rupee by ignoring fifty paise and considering more
for the purpose of identification by the Sub-Divisional than fifty paise as rupee one. TENDERS WITH ANY
Officer/ Divisional Officer shall also be open for CONDITION INCLUDING THAT OF
inspection by the contractor at the office of Sub- CONDITIONAL/UNCONDITIONAL REBATES
DIvisional! Divisional Officer during Office hours. SHALL BE REJECTED FORTHWITH SUMMARILY.
f2. In the event of the tender being submitted by a 5. The Sub-DivisionaVDivisional Officer or his
firm, it must be signed separately by each member thereof or in duly authorised assistant, will open tenders in the
the event ofthe absence of any partner, it must be signed on his presence of any intending contractors who may be
behalf by a person holding a power-of-attorney authorising present at the time, and will enter the amount of the
him to do so such power of attorney to be produced with the several tenders in a comparative statement in a suitable
tender, and it must disclose that the firm is duly registered
und.er the. Indian Partnership Act.
form in the event of a tender being accepted, a receipt
for the earnest money forwarded there with shall
35
thereupon be given to the contractor who shall there
Receipts for payments made on account of a
_3. upon for the purpose of identification sign
work when executed by a firm, must also be signed by
the several partners, except where contractors, are copies of the specifications and other
described in their tender as a firm, in which case the documents mentioned in Rule 1. In the event of a tender
receipts must be signed in the name of the finn by one of being rejected the Earnest-Money forwarded with such
the partners, or by some other person having authority to unaccepted tender shall thereupon be returned to the
give effectual receipts. for the firm. contractor remitting the same.
6. The Officer invitings tender shall have the
3A. SPECIALCONDUION FOR POWER OF right of rejecting all or any of the tenders, and will not
ATTORNEY be bound to accept the lowest tender.
In case of proprietory individual contract the 7. The receipt of ari accountant or clerk for any money
work shalJ be done by the contractor himself and no paid by the contractor will not be considered as any
Power of Attorney shall be made without the written acknowledgement of payment to the Sub-divisional
approval trom the Engineer_in-charge. Officer/Divisional Officer and the contractors shall be
4. Any person who submits a tendershalJ fill up the responsible for seeing that he procures a receipt signed
usual printed form stating at what rate he by the A.O. or a duly authorised Cashier.
8. The memorandum of work tendered for and ITEM RATE TENDER FOR WORKS
the schedule of materials to be supplied by the.
BSNL Civil / Elec. Wing and their issue rates, shall be I / We hereby tender for the execution for BSNL of the
filled in and completed in the office of the SubDivisional work specified in the under written memorandum within
Officer/Divisional Officer before the tender form is the time specified in the attached Schedules therein and
issued. If a form is issued to an intending tender without in accordance in all respects. In such memorandum at
having been so filled in and completed, he shall request the rate specified with the specifications, designs,
the office to have this done before he completes and drawings and instructions, in writting referred to in Rule
delivers his tender. 1 thereof and in Clause 11 of the conditions of contract
9. The tenderers shall sign a declaration under and with such materials as are provided for by and in all
the official Secret Act for maintaining secrecy of the respects in accordance with such conditions so far as
tender documents drawings or any other records applicable.
connected with the work given to them. The successful
tenderers shall return all the given to them.
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 informations in any manner prejudice to the safety of the same.
MEMORANDUM :
12) General description or
Name ofwork SITC of 100KVA outdoor transformer substation for administrative building at Eluru. Sh:
Attending inspection points and other connected misc. works.
(b)Estimated Cost:
4.0. Building work
(ii) Services
Contractor.
_
Rs................................... Rs................................... TOTAL Rs. .............42,700/-..................
Earnest Money 00' no .................................................... Rs. ....................854/-..............
36
Security Deposit .00 ... no... Rs. ..................................
Rs. ..................................
10% of the Tendered amount of the work subject to a maximum of 5 lakhs.
The Security deposit will be collected by successors in office the sum of money mentioned in the said
deduction from the running blls of contractor at the rates conditions. A sum ofRs....................................... is hereby
mentioned above and the earnest money, if deposited in
cash at the time of tender, will be treated as part of
forwarded by pay order or D.D of a scheduled bank guaranteed
Security deposit. The Security deposit will also be by the RBI drawn in favour of Accounts Officer BSNL Civil I
accepted in Elec. Divn. ............................................... :........................
as earnest money.
1. Post Office cash certificate National Saving
Certificates, Treasury Saving Certificate and
If I/We, fail to commence the work specified in the
National Plan Saving Ceritificates. above Memorandum I / We agree that the said Officer or his
successors in office shall without prejudice to any other right
.
2. Post Office Saving Bank Pass Book. or remedy be at liberty to
.forfeit the said earnest money absolutely otherwise the
3. Deposit Receipts or guarantee Bonds ITom said earnest money shall be retained by him towards
recognised banks approved by Govt. for the purpose. 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
(e) Time allowed for the work from the 10th
and conditions contained or referred to there in and to
day after the date of written order to commence carry out such deviations as may be ordered, upto a
maximum of 50% (Fifty percent) at the rates quoted in
the tender document and those in excess of that limit at
........... months. the rates to be determined in accordance with the
..................................................................................................................................................... ;
Should this tender be accepted, in whole or in part I/We hereby provisions. . Contained in Clause 12-A of the tender
agree. (0 to abide by and fulfil all terms and provisions of the form.
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
I/We agree that should I/We fail to
commence the work specified in the above lump sum security ofRs. 5 lakhs in lieu of the security
memorandum an amount equal to the amount of earnest amount to be deducted from my/our running bills
money mentioned in the form of invitation of tender individual case and have deposited that amount with the
shall be absolutely forfeited to the BSNL and the same Engineer-in-Chief, CE(C), New Delhi and IIWe
may at the option of the Officer to be recovered. out of therefore claim exemption in terms of the bond executed
the deposit in as far as the same may extend in terms of by me/us and bearing No. ...................... dated the
the said bond and in the event of deficiency out of any .................................... day of ............. 200...............
other moneys due to me/us or other wise. against the necessity of depositing security money in
respect of the above tender for work.
,EXEMPTION FROM THE PAYMENT OF I/We agree that should I/We fail to commence
EARNFSfMONEY 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
,IIWe have already furnished security to the forfeited to the BSNL and the same that at the option of
BSNL in lieu of Earnest Money and have deposited with the Officer to be recovered out of the deposit in so far as
the Engineer-in-chief/CE (C) New Delhi, a lump sum the same may extend in terms ofthe said Bond and in the
security ofRs. 5,000/- Rs. 7,500 Rs. 10,000/- Rs. event of deficiency out of any other money due to me/us
20,000/- as Earnest Money in individual cases and II We or otherwise.
37
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 Moneyin respect of the abovetender
for work. _
IIWe have already furnished to the BSNL a * 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.
D.O / Contr.
CONDITIONS OF CONTRACT
38
DEFINITIONS iii) Chief Engineer (CivillElec) BSNL
1) The 'Contract' means the documents forming
iv) CivifCircle BS_
the tender and acceptance thereof and the formed
agreement executed between the BSNL and the v) Postal,
Contractor together with documents referred to therein . vi) The term Director General (Works) includes
including these conditions, the specifications, designs,
Chief Engineer.
drawings and instructions issued from time to time by
the Engineer-in Charge and all these documents taken Except:
together shaH be deemed to form one contract and
complementary to . one another. In the following place/clause where no
modifications are intended.
2) In the contract the following expression shall
unless where the context otherwise require have the
meanings hereby respectively assigned, to them: ix) Model rules for the protection of
Health and Sanitary arrangements for workers employed
a) The expression 'works' or 'work' shall unless
by Central P.W.D. or the contractor's (Heading Only)
there be something either in the subject or context
repugnant to such construction be construed and taken to x) Central Public Works Department
mean the works by or by virtue of the eon tract Contractor's Labour Regulations (Headings and
contracted to be executed whether temporary or Regulations No.1 and 2 [ii].
permanent and whether original altered, substituted or
additional. XI) Clause 42(v)
xiO Clause 42(ii)
b) The 'Site' shall mean the land and/or other
xiii) Clause 19B(F)
places into or through which work is to be executed
under the contract or any adjacent land, path or street Works imparting the singular number
through which work is to be executed under the contract include the plural number and vice versa.
or any adjacent land, path Or street which may be CLAUSE 1: The PersonlPersons whose tender[
allotted or used for the purpose of carrying out the s] may be accepted [hereinafter called the contractor]
contract. shall permit BSNL at the time of making
c) The 'Contractor' shall mean the individual. . any payment to him for work done under the contract to
or firm or company whether incorporated or not deduct such sum along with along with the sum already
undertaking the works and shall include the legal deposited as earnest money will amount.
personal representatives of such individual or the
Security Deposit
persons composing such firm or company and the
successors of such firm or company and the permitted 10% ofthe Tendered amount of work put ot
assignees of such individual or firm or firms or tender subject to a maximum of 5 lakhs unless he is/
company. they are exempted from payment of Security Deposit in
d) The BSNL means the Bharat Sanchar Nigam individual cases by BSNL unless he is / they are
Limited and his successors. exempted.
In case a fixed deposit receipt of any Bank is
e) The 'Engineer-in Charge' means the furnished by the contractor to the BSNL as part of the
Divisional Officer/Sub-Divisional Officer as the case security deposit and the Bank goes into liquidation or for
may be who shall supervise and be in-charge of the work any reason is unable to make payment against the said
and who shall sign the contract-on behalf of the BSNL. fixed deposit receipt the loss caused thereby shall fall on
t) 'Government' or Government of India' shall the contractor and the contractor shall forth with on
mean the President of India. demand furnish additional security to the BSNL to make
good the deficit.
g) The term Chief Engineer includes
additional Chief Engineer.
Such deductions are to be held by BSNL by
39
h) All reference to: way of Security Deposit, Provided always that. the
BSNL for this purpose shall be entitled to recover the
i)c.P. WD./ Public works Department. ii)
said percent of the amount of each running bill
AdditionalChiefEngineer, C.P.WD. iii) Administrative
head ofC.P.WD. contract has elapsed, three eighth ofthe work, before
one-half of such time has elapsed and three-fourth of the
iv) c.P. WD. Circle and
work before three-fourth of such time elapsed. Ho_ever
v) Ministry of works, Housing and supply, in various for special jobs if a time schedule has been submitted by
clauses shall be taken 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
i) BSNL (Civil/ Elec. Wing) to comply with the conditions, he shall be liable to pay
ii) Administrative heads ofBSNL as compensation an amount equal to one percent Of such
smaller amount as the superintending Engineer (whose
till the balance of the amount of Security Deposit is decision in writing shall be final) may decide on the said
realised All Compensation or the other sum of money estimate cost of the whole work for everyday that the
payable by the contractor under the terms of this contract due quantity of work remains incomplete. Provided
may be deducted from or paid by the sale of always that the. entire amount of compensation to be
sufficient part of his Security Deposit or from the paid under the. Provisions of this Clause shall not
interest arising there from, or from any sums which may exceed ten percent on the estimated cost of the work as
be due to or may become due to the contractor by BSNL shown in the tender.
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 CLAUSE 3: The Engineer-in-Charge may
10 days make good in cash or guarantee bonds executed without prejudice to his right against the contractor in
in favour of the BSNL Deposit receipt tendered by the any respect of any delay or inferior workmanship or
State Bank of India or by scheduled Banks (in case of otherwise or to any claims or damages in any respect of
guarantee offered by schedule banks, the amount shall any breaches of contract and without prejudice to any
be within the financial limits prescribed by the Reserve rights or remedies under any of the provision of this
Bank of India) ofGovt. Securities (if deposited for more contract or otherwise and whether the date for
than 12 months) endorsed in favour of the Engineer-in- completion has or has not elapsed by notice in writing
charge, any sum or sums which may have been deducted absolutely determine the contract in any of the following
from, ot raised by sale of his security deposit or any part cases:
thereof. The Security Deposit shall be collected from the
running bills of the contractor at rates mentioned above
and the Earnest Money deposited at tme time of tenders
will be teated as part of the security deposit.
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
NOTE I: Government papers tendered as work is being performed in any inefficient or otherwise
security will be taken at 5% (five percent) below its improper or unworkman like manner shall omit to
market price or at its face value, which ever is less. The comply with the requirements of such notice for a period
market price of Government Papers would be of seven days thereafter or if the contractor shall delay
ascertained by the Divisional Officer at the time of or suspend the execution of the work so that either in the
collection of interest and the amount of interest to the judgement of the Engineer-in-Charge (which shall be
extent of deficiency in value of the Government paper final and binding) he will be unable to secure completion
will be withheld if necessary. 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
NOTE 2: Govt. securities will include all form a resolution or the court shall make an order that the
40
of securities mentioned in Rule NO. 274 of the GF. company shall be wound up or if a receiver or a manager
Rules except fidelity bond. This will be subject to the on behalf a creditor shall be appointed orif
observance of the condition mentioned under the ru Ie circumstances shall arise which entitle the court or
against each form of Security. creditor to appoint a receiver or a manager or which
entitle the court to make a winding up order.
iii) If the contractor commits breach of any
CLAUSE 2: The time allowed for carrying out
of the work as entered in the tender shall be strictly be of the terms and conditions of this contract.
observed by the contractor and shall be deemed to be of iv) If the contractor commits any acts
the essence of the contract on the part ofthe contractor mentioned in Clause 2 I hereof.
and shall be reckoned from the Tenth day after the due
date on which the order to commence the work is issued When the contractor has made himself liable
to the contractor. The work shall throughout the for action under any of the cases aforesaid, the Engineer-
stipulated period of the contract be proceeded with all in-Charge on behalf of the BSNL shall be have powers.
the deligence and the contractor shall pay as a) To determine or rescind the contract as aforesaid (of
compensation an amount equal to one per cent or such which termination or recission notice in
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,
onemonth(save for special jobs) to complete one eighth
ofthe whole of the work before one fourth of the whole
time allowed under the
D.O. / Contr.
writing to the contractor under the hand of the Engineer- there of shall not be constitute a waiver of any of the
in-Charge shall be conclusive evidence). Upon such . conditions hereof and such powers shall not
determination or recission the security deposit of the withstanding be exercisable in the event of any future
contractor shall be liable to be forfeited and shall be case of default by the contractor and the liability of the
absolutely at the disposal of BSNL. contractor for compensation ,shall remain unaffected. In
the event of the Engineer-in-Charge putting in force all
b) To employ labour paid by the CPWD/ or any of the powers vested in him under the proceding
Postal /BSNL( Civil Wing) and supply material to carry clause he may if he so desires after giving a notice in
out the works or any part of the work debiting the writing to the contractor take possession of (or at the so
contractor with the cost of labour and the price of the Ie discretion ofthe Engineer-in-Charge which shall final)
materials (of the amount of which cost and price use as on hire (the amount of the hire money being also
certified by the Engineer-in-Charge shall be fmal and in the final determination of the Engineer-inCharge) all
conclusive against the contractor) and crediting him with or any tools, plant materials and stores, in or upon the
the value ofthe work done in all respects in the same works, or the site thereof, belonging to the contractor, or
manner and at the same rates as if it had been carried out procurred by contractor and intended to be used for the
by the contractor under the terms of the contract. The execution of work in any part thereof, paying or
certificate of the Divisional Officer as to the value of the allowing for the same in account at the contract rates, or
work done shall be final and conclusive against the in the case of these not being applicable at current
contractor, provided always that action under the sub market rates to be certified by the Engineer-in-Charge,
clause shall only be taken after giving notice in writing whose certificate thereof shall be final, otherwise the
to the contractor. Provided also that if the expenses Engineer-inCharge by notice in writing may order the
contractor or his clerk ofthe works, foreman or other
41
incurred by the BSNL are less than the amount payable authorised agent to remove such tools, plant, materials,
to the contractor at his agreement rates, the difference or stores ITom the premises (within and a time to the
should not be paid to the contractor. specified in such notice), and in the event of the
contractor
. failing to comply with any such requisition, the
c) After giving notice to the contractor to Engine_r-in-charge may remove them at the contractor's
measure up the work of the contractor and to take such expense or sell them by auction or private sale on
part thereof as shall be unexecuted out of his hand and to account of the contractor and at his risk in all respects
give it to another contractor to complete 1l1 which case the certificate of the Engineer-inCharge as to the
expenses which may be incurred in excess of the sum expense of any such removal and the amount of the
which would have been paid to the original contractor if proceeds and expense of any such sale shall be final and
the whole work has been executed by him( of the conclusive against the contractor.
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 CLAUSE 5: I f the contractor shall
deducted ITom any money due to him by BSNL under desire an extension oftime for completion of work on the
the contract or on any other account whatsoever or from grounds of his having been unavoidably hindered in its
his security deposit or the proceeds of sales thereof or a execution or on any other ground he shall apply in
sufficient part there of as the case may be. writing to the Engineer-in-Charge within 30 days of the
date of hindrance on account of which he desires such
In the event of anyone or more of the above extension as aforesaid, and the Engineer-in-Charge shall,
courses being adopted by the Engineer-in-charge the if in his opinion (which shall be final) reasonable ground
,contractor shall have no claim to compensation for any be shown therefore authorise such extension of time if
loss sustained by him by reason of his having purchased any, as may, in his opinion be necessary or proper.
or procurred 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. . CLAUSE 6: Within ten days of the
And in case action is taken under any of the Provisions completion of the work, the contractor shall give notice
aforesaid, the contractor shall not be entitled to recovery of such completion to the Engirieer-in-Charge and
or be paid any sum fol' any work thereto actually within* ten/thirty days of the receipt of such notice the
performed under this contract unless and until the Engineer-in-charge shall inspect the work, and if there is
Engineer-inCharge has certified in writing the no defect in the work shall furnish the contractor with a
performance 'of such work and the value payable in certificate of completion otherwise a provisional
respect thereof and he shall only be entitled to be paid certificate of completion indicating defects (a) to be
the valu_ so c_rtified, rectified by the contractor and or (b) for which payment
will be issued at reduced rates shall be issued but no
CLAUSE 4: In any case in which any of the powers conferred certificate of completion, Provisional or otherwise shall
upon the Engineer-in-charge by Clause 3 thereof, shall have be issued, not shall the work be considered to be
become exercisable, and the same shall not be exercised, the complete until the
non exercise
______________________________________________________________________________
* Ten days will apply in the case of works at the Headquarters of Engineers-in-charge and thirty days will apply in the case of works at a station other than the
Headquarters of Engineer-in-charge.
contractor shall have removed from the premises on executed to the satisfaction of the Engineer-inCharge,
which the work shall be executed all scaffolding surplus whose certificate ofthe sum so payable shall be final and
materials, rubbish and all huts and sanitary arrangements conclusive against the contractor. But all such
required for his/their work people on the site in intermediate payments shall be regarded as payments by
connection with the execution ofthe works as shall have way of advance against the final payments only and not
been erected or constructed by the contractor(s) and as payments for work actually done and completed, and
42
cleaned offthe dirt from all wood work doors, window, shall not preclude the requiring of bad, unsound and
walls, floors or other parts of imperfect ofunskilled work to be removed and taken
any buildings, in, upon or about which the work is to be away and reconstructed, or re-erected or be considered
executed or of which he may have /had possession for as an admission of the due performance of the contract,
the purpose of the execution thereof and not until the or any part there of in any respect of the accuring of
work shall have been measured by the Engineerin- any claim nor shall, it conclude determine or affect in
Charge. If the contractor shall fail to'Comply with the any ways the powers of the Engineer-in-Charge under
requirement of this Clause as to removal of scaffolding, these conditions or any ofthem as to the final settlement
surplus materials like the rubbish and huts and sanitary and adjustment of the account or other wise or in any
arrangements as aforesaid and cJeaning off dirt on or other way vary or affect the contract. The final bill shall
Defore the date fixed for the completion of the work, the be submitted by the contractor within one month of the
Engineer-in-Charge may at the Expenses of the date fixed for completion of the work or ofthe date of the
contractor remove such scaffolding or surplus materials certificate of completion furnished by the Engineer-in-
the rubbish, etc., and dispose of the things fit and clean Charge and payment shall be made within three months
off such dirt as aforesaid; the the contractor shall have if the amount of the contract plus that of the additional
no claim in respect of any such scaffolding or surplus items is upto Rs.2 Lakhs and in 6 months if the same
materials as aforesaid except for any sum actually exceeds Rs. 2 lakhs ofthe submission of such. bill.
realised by the sale thereof. Ifthere 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
CLAUSE 6A: This splashes and dropping from months as the case may be. The contractor shall submit a
white washing, color washing, painting, etc. on walls, list of the disputed items within thirty days from
floors, doors, windows, etc. shall be removed and the disallowance thereof and if he fails to do this, his claims
surface cleaned simultaneously with the shall be deemed to have been fully waived and
. completion of these items of work in the individual, absolutely extinguished.
rooms, quarters or premises etc. where the work is done
without waiting for the actual completion of all the other "Whenever there is likely to be delay in"
items of work in the contract in case the contractor fails recording the details measurements for making a running
to comply with the requirements_of this Clause, the payment in the case of residential buildings advance
Engineer-in-Charge shall have the right to get this work payments without detailed measurements of work done
done at the cost ofthe contractor either departmentally or (other than foundation and finishing items) upto (a)
through another agency. Before taking such action, the lintel level (including sun shades etc) (b) slab level, for
Engineer-in-Charge shall give ten days notice in _Titing each floor, worked out at 75% of tendered rates may be
to the contractor. 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
CLAUSE 6B : The contractor shall submit the completed upto the level in question.
completion plan as required vide General specification
for Civil/elec. Works (Part I Interal) 1972 and (part II
External) 1974 as applicable within thrity days of the CLAUSE 8: A bill shall be submitted by the
completion of the work contractor each month on or before the date fixed by the
In case, the contractor fails to submit Engineer-in-Charge for all works executed in the
completion plan as aforesaid he shall be liable to pay a previous months and the Engineer-in-charge shall take
sum equivalent to 2.5% of the value of the work subject or cause to be taken the requisite measurements for the
to a ceiling of Rs. 2,500 (Rupees Two thousand and five purpose of having the same verified and the claim, as far
hundred only) as may be fixed by the superintending as admissible, adjusted as far as .possible, before the
Engineer Civil/Elec. concerned and in this respect the expiry of ten days from the presentation of the bill. If the
decision of the superintending Engineer shall be final contractor does not submit the bill within the time fixed
and binding on the contractor. as aforesaid the Engineer-inCharge may depute within
seven days of the date fixed as foresaid, a subordinate to
measure up the said work in the presence of the
CLAUSE7: No payment shall be made for a
43
works estimated to cost rupees five thousand or less till contractor whose countersignature to the measurement
after the whole of the work shall have been completed list will be sufficient warrant, and the Engineer_in-
and certificate of completion given. But in the case of Charge may prepare a bill from such list which shall be
work estimated to cost more than rupees five thousand, binding
the contractor, shall on submitting the bill therefore be
entitled to receive a monthly payment proportionate to
the part thereof then
on the contractor in all respect. 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 theteofbeing in this case sold for the purpose.
. CLAUSE 8A: Before taking any Not-withstanding anything to the contrary, contained in
measurement of any work as has been referred to in any other clause of the contract, and or the CPWD code
: .Clauses 6,7 and 8 thereof, the Engineer-in-charge all stores/materials so supplied to the contractor or
or a subordinate d_puted by him shall give reasonable procure<;i with the assistance of the Govt. shall remain
notice to the contractor. If the' contractor fails to attend the absolute property of the Government and the
the measurements after such notice or fails to contractor shall be trustee of the store/materials and the
countersign or to record the difference within a week said stores/ materials shaH not be removed/disposed of
from the date of measurement in the manner required by from the site of work on any account and shall be at aH
the Engineer-in-Charge then in any such event the times open to inspection by the Engineer-in-charge. Any
measurements taken by the Engineer-in-Charge or by the such stores/materials remaining unused shall be returned
subordinate deputed by him as the case may be shall be to the Engineer-in-charge at a place directed by him ifby
final and binding on the contractor and the contractor a notice by him he shaH so require but in case it is
shall have no right to dispute the same. 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
CLAUSE 9: The contractor shall as aforesaid and not used by him or any wastage to in or
submit all bills on the priilted forms to be held on damages of such stores/materials.
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 On being required' to return the stores/
any extra work ordered in pursuance of these conditions materials, the contractor, shall hand over the stores/
and not mentioned or provided for in the tender of the materials on being paid or credited such price as the
rates here in after provided for such work. Engineer-in-charge shall determine, having due regard to
the condition of the stores/materials. The
. price aHowed to the.contractor, however shaH not
CLAUSE9A:Payment dU,e to the contractor exceed the amount charged to him, excfuding the
may if so desired by him be made to his bank instead of storages if any. The decision of the Engineer-incharge
direct to him provid_d that the contractor furnishes to shaH be final and conclusive. In the event of breach of
the Engineer-in-Charge (1) an authorisation in the form the aforesaid condition, the contractor shall in addition
oflegally valid document to throwing himself open to account for contravention of
the terms ofthe licence or permit and / or for criminal
'such as a power of attorney conferring authority on the breach of trust, be liable to BSNL. For aH advantages or
bank to receive payments and (2) his own acceptance of profits resulting or which in the usual course would have
the correctness of the account made out as being due to resulted to him by reason of such breach. Provided that
him by BSNL of his signature on the biII or other claim contractor shaH in no case be entitled to any
preferrred against BSNL. before settlement by the compensation or damages on account of any delay in
Engineer-in-Chargeofthe account or claim by payment supply or nonsupply there-of all any such matedals and
44
to the bank. while the receipt given by such banks shall stores.
constitute a full and sufficient discharge for the payment
the contractor should wherever possible present his bills
duly receipted and discharge through his bankers.
.,Provided further that the contractor shall be
bound to execute the entire work if the materials are
Nothing herein contained shall operate to create
supplied by the BSNL within the schedule time for
in favour of the bank any rights of equities vis-avis the
completion ofthe work plus 50% there of schedule time
BSNL.
plus 6months if the time of completion of the work
exceeds 12 months but if a part only of the materials has
. CLAUSE 10 : Stores supplied by BSNL If been supplied within the aforesaid period then the
the specification or schedule of items provided for the contractor shall be bound to do so much .of the work as
use of any special description of materials to be supplied may be possible with the materials and stores supplied in
from Engineer-in-charge's Stores or it is required that the the aforesaid period. For the completion of the rest of the
contractor, shall have certain stores to be provided by work, the contractor shaH be entitled to such extension
the Engineer-in-charge as shown in the schedule of of time as may be as may be determined by the
materials hereto annexed, the contractor shall be bound Engineer-in charge whose decision in this regard shall
to procure and shall be supplied such materials and be final.
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 CLAUSE lOA: The Engineer-in-Charge shall have full
from any sum then due, or thereafter to becoJ11e due to powers to require the removal from the premises of all
contractor under the contract, o! otherwise or against or materials which in his opinion are not in accordance
from the security deposit, or with the specifications and in.case
of default the Engineer-in-charge shall be at liberty to coming into force of any fresh law or statutory rules or
employ other persons to remove the same without being order (but not due to any changes in sales tax) and such
answerable or accountable for any loss or damage that decrease exceeds ten percent of the price and or wages
may happen or arise to such materials. The Engineer-in- prevailing at the time of receipt or the tender for the
charge shall also have full powers to require other proper work BSNL shall in respect of materials incorporated in
materials to be substituted there of and in case of default the works (not being materials supplied from the
the Engineer-in-charge may cause the same to be Engineer-in-charge's stores in accordance with Clause
supplied and all costs which may attend such removal by 10 hereof) and of labour engaged on the execution of the
the substitution are to be borne by the contractor. 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
CLAUSE 10 B : The contractor on signing an difference between the prices of material and/or wages
indenture in the form to be specified by the Engineer-in- as they prevailed at the time of receipt of tender for the
charge shall be entitled to be paid during the progress of work minus ten percent thereof and the prices of
the execution of the work up to 75% of the estimated materials and/or wages of labour on the coming into
value of any materials which are in the opinion of the force of such law, statutory rule or order.
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 The contractor shall for the purpose of this
and/or protected against damage by weather or other conditions keep such books of account and other
causes but which have not at the time of advance been documents as are necessary to show the amount of any
incorporated in the works. When materials on account of increase claimed or reduction available and shall .
which an advance has been made under this sub-clause allow inspection of the same by a duly authorised
are incorporated in the work the amount of such advance representative of BSNL and further shall be at the
shall be deducted from the next payment made under request of the Engineer-in-charge furnish, verified in
any of the clause or clauses of this contract.
45
such a manner as the Engineer-in-charge may require
any documents so kept and such other information as the
CLAUSE (0 c: If during the progress of the Engineer-in-charge.may require.
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 The contractor shall with a reasonable time of
coming into force of any fresh law of statutory rule or his becoming aware of any alteration in the price of any
order (but not due to any changes in sales tax) and such material and/or wages of labour give notice thereof to
increase exceeds ten percent. the Engineer-in-charge stating that the same is given
of the price and or wages prevailing at the time of pursuant to this condition together with all information
receipt of the tender for the work and the contractor relating thereto which he may be in a position to supply.
thereupon necessarily and properly pays in respect of
that material (incorporated in the works) such increased
If the labour Ministry decided to enforce the
price and or in respect of labour engaged on the
provision of the contract labour Act for payment of the
execution ofthe work at such increased wages then the
same to contract labour as that of the labbur employed
amount of the contract shall accordingly be varied
by the Principal Employer. Viz. P & T that wages
provided always that any increase so payable is not, in
described in the schedule for fair wages attached with
the opinion of the superintending Engineer (whose
the tender would stand revised and .the difference of
decision shall be final and binding) attributable to delay
wages then payable would be borne entirely by the
in the execution of the contract' within the control ofthe
BSNL less the first 10% as per Clause 10-C of the
contractor.
agreement.
Provided, however, no reimbursement shall be made if
Clause 10 (cc) : Ifthe prices of materials (not
the increase is not more than 10% of the said
being materials supplied or services rendered at
prices/wages and if so the reimbursement shall be made
fixed.prices by the BSNL in accordancewith clauses 10
only on the excess over 10% and provided further that
and 34 hereof) and / or wages of labour required for
any such increase shall not be payable if such increase execution of the work increase, the contractor shall be
has become operative after the contract or extended date compensates for such increase as per prcivisions detailed
of completion of the work in question. below and the amount of the contract shall accordingly
I f during the progress of the works the price of any
be varied, subject to the conditions that such
materials incorporated in the work (not being a material
supplied from the Engineer-in-charge's store in, compensation for escalation in prices shall be available
accordance with clause 10 hereof) and/or wages of only for the work done during the stipulated perio.d of
labour is decreased as a direct result of the the contractor including such period for which the
contract is validly extended under the pr?visions of
clause 5 of the contract extended without any action
under clause 2 andSaJso 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 value ofwork.
. the following provisions. Ml&Ml0
(l) The base data for working out such
escalation shall be the last date on which tenders were All India whole sale index for all commodities of the
stipulated to be received. period under reckoning. as published by the Economic
Adviser to Govt. of India. MIO .Industry and commerce
(2) The cost of work on which escallation will
for the period under consideration and that valied at the
be payable shall be reckoned as 85% of the cost of work
time of receipt of tenders, respectively.
as per the bills, running or fmal and from this amount
46
the value of materials, supplied under clause 10 of this WX Z x (FI-Flo)
contract or services rendered at fixed charges as per 100 Fl0
clause 34 of this contract, and proposed to be recovered
in the particular bill, shall be deducted before the \ V=
F
amount of compensation of escalation. is worked out in
the case of materials brought to site for which any VF
secured advance is included in the bill, the full value of
such materials as assessed by the Engineer-in-charge Variation in cost of fuel, oil and lubricant, increase or
(and not the reduced amount for which secured advance decrease in rupees to be paid or recovered.
has been paid) shall be included in the cost of work done Value of work done worked out as indicated insuch para
for operation of this clause. Similarly when such 2 above.
materials are incorporated in the work and the secured
Compensation of P.O.L. expressed as a percent of total
advance is deduced from the bill, the full assessed value value of work as indicated under the speciil conditions
of the materials originally considered for operation of of contract.
this claqse should be deducted from the cost of the work
shown in the bill running or firial. 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.
. WzAverage, index number of
wholesale price for group (fuel power4 light and
(3) (a) The components or materials, labour
lubricants) as published weekly by the Economic
P.O.L. etc. has been pre-determined for every work and
Adviser to Govt. of
incorporated in the conditions of contract attached to the
India. MIO. Industry for the period under reckoning, and
tender papers and the decision of the Engineer-in-charge
that valid at the time of receipt of tenders, respectively.
in working out such percentages shall be binding on the
contractor. 5) The following principles shaH be followed
while working out the indices mentioned in para 4
(b) The components of material labour as
above.
indicated in para 3 of subclause 1 O( cc) have been pre-
determined as below:
(a) Material Fl &Flo =
(b) Labour 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
75 percent (X) 25 percent(Y)
calendar months of the said quarter. The first such
payment shall be made at the end of three months after
Total the month (excluding) in which the tender was accepted
and thereafter at three months interval. At the time of
100
completion of the work, the last period for payment
(4) The compensation for escalation for might become less than 3 months, . depending on the
materials and P.O.L. shall be worked out as per the actual date of completion.
formula given below: b) The index (MI/FI etc.,) relevant to any
(i)VM=W x X x (MI-Mlo) 100 100 quarter for which such compensation is paid shall be the
arithmetical average of the indices relevant to the three
calendar months. If the period upto date of completion
VM
after the quarter covered by the last such instalment of
payment is less than 3 months the index M 1 and F 1
Variation inmaterials cost i.e., increase or decrease in the
shall be the average ofthe indices for the months falling
amount in rupees to be paid or recovered. within that period.
Cost or work done worked out as indicated in sub para 2
above. Component of materials expressed as percent of c) The base index Ml 0 Fl 0 etc., shall be the
the total one relating to the month in which tender was stipulated
47
to be received.
6. The compensation for escalation for labour shall be
worked out as per the formula given below:
D.O. / Contr
(i) VL 5.0. The Engineer-in-charge shall otherwise be entitled
to lay down the principles on which the provision of
w x y X Ll-Llo 100 Llo this sub-clause shall be implemented from time to
time and the decision of the Engineer-incharge in
VL this behalf shall b.e final and binding.
Variation in labour cost i.e., amount of increase or Provided always that the provision of the
decrease in Rupees to be paid or recovered. proceeding clause 10 (c) shall not be applicable for
Value of work done, worked out as indicated in Sub para contracts where provisions of this clause are applicable
2 above. but in cases where provisions of this clause are not
applicable, the provisions of clause 10 (c) will become
applicable.
wyComponent of labour expressed as a percentage of
the total value of the work. CLAUSE lOD: The contractor shall treat all
materials obtained during dismantling of a structure,
Minimum dail_ wage in Rupees of an unskilled
excavation of the site for a work etc. as BSNL property
adulfmade mazdoor, as fixed under any laY\', statutory
and such materials shall be disposed of to the best
rule or order as on the last date on which tenders for the
advantage of BSNL according to the instructions in
work were to be received.
writing issued by the Engineer-incharge.
L1Q
CLAUSE 10 E : The recovered rate of cement
is inclusive of cost of jute or paper bags. The contractor
Minimum wage in rupees of an unskilled adult male mazdoor, shall be at liberty to dispose the empty bags.
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
CLASE 10F (i) : Tendered rates are inclusive
escalation is being paid.
of all taxes and levies payable under the respective
(7) The following principles will be followed while statues. However pursuant to the constitution (forty sixth
working out the compensation as per Sub-para 6 above. amendment) Act, 1982, if any further tax or levy is
imposed by statues, after the date of receipt of tenders,
LJ and the contractors thereupon necessarily and properly
pays such taxes/levies the contractor shall be reimbursed
(a) The minimum wage of an unskilled male the amount so paid provided su'ch payment, if any, is not
mazdoor mentioned in sub-para 6 above shall be the in the opinion of Superintending Engineer, (whose
higher of the following two figures, namely those decision shall be final and binding attributable to delay
notified by Govt. of India, M/O Labour and those in executing of work within the control of the contractor.
notified by the local administration, both relevant to the
place of work and the period ofrecokening.
(ii) The contractor shall keep necessary books
(b) The escalation for labour also shall be paid of accounts and other documents for the purpose of this
at the same quarterly intervals when escalation due to condition. as may be necessary and shall allow
increase in cost of materials and/or P.O.L. is paid under inspection of the same by a duly authorised
this clause. If such revision of minimum wages takes representative of BSNL and further shall furnish such
place during any such quarterly intervals, the escalation other information/documents as the Engineer-in-charge
compensation shall be payable for work done in all may required. .
quarters subsequent to the quarter in which the revision
48
of minimum wages takes place. 6.0. The contractor shall within a period of 30 days of
(cj Irrespective of variations in minimum wage imposition of any further tax or levy. Pursuant to the
of any category of labour, for the purpose, of this clause, constitution (Forty Sixth Amendment) Act 1982
the variation in the rates for an unskilled adult male give a written notice thereof to the Engineer-in-
mazdoor alone shall form the basis for working out the charge that the same is given pursuant to this
escalation compensation payable on the labour condition together with all necessary information
component,. relating thereto.
(8) In the event of the price of materials and or CLAUSE 11 : The contractor shall execute the
whole and every part of the work in the .most substantial
wages of labour required for execution of work
and workman like manner and both as regards materials
decrease(s) there shall be downward adjustment of the
and otherwise in eVery respect in strict accordance with
cost of work so that such price of materials and! or
the specifications. The faithfully to the designs,
wages oflabour shall be.deductable from the cost of
drawings and instructions in writing in respect of the
work under this contract and in this regard the formula
work signed by the Engineer-in-charge and the contractor
herein before stated under this clause 10 (cc) shall
shall be furnished free of charge one copy of the specification
mutatis mutandis apply, provided that.
and of all such design, drawings and instructions as
(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
cost of the above portion of work put to tender.
the stipulated period of completion of the work is six
months or less:
are not included in the Central Public Works Department (iv) If the rates for the altered, additional or
compilation entitled "Specifications 1996 Vol. r to VI substituted work cannot be determined in the manner
.............................. with upto date correction slips or specified in sub-clauses (i) to (ii) above, then the rates
any other printed publication on General Specifications for such work shall be worked out on the basis of the
referred to elsewhere in the contract. schedule of rates of the concerned work specified above
minus/plus the percentage as mentioned in clause 12 (iii)
CLAUSE 12: The Engineer-in-charge shall above which the total tendered amount of the concerned
have power to make any alter.ations in ommission from, component work to the estimated cost of the entire work
additions to or substitutions for, the original put to tender. Provided always that if the concerned
specifications, drawings, designs and instruction that component rate for a particular part or parts ofthe item is
may appear to him to be necessary during the progress not in the schedule of Rates, the rate for such part or
of the work and contractor shall carry out the work in parts will be determined by the Engineer-in-charge on
accordance with any instructions which may be given to the basis of the prevailing market rates when the work
him inwriting signed by the Engineerin-charge, and such was done.
alterations, omissions, additions or substitutions shall
not invalidate the contract and any altered, aliditional or v) If the rates for the altered, additional or
substituted work which the contractor may be directed to substituted work cannot be determined in the manner,
do in themanner above specified as part of the work specified in sub-clauses (i) to (iv) above, then the
shall be carried out by the contractor on the same contractor shall within 7 days of the date of receipt of
conditions in all respect on which he agreed.to do the order to carry out the work, inform the Engineerin-
main work. The time for the completion of the work charge of the rate which it is his intention to charge for
shall be extended in the proportion that the altered, such class of work, supported by analysis of the rate or
additional or substituted work bears to the original
rates claimed, and the Engineer-in-charge shall
contract work' and the certificate of the Engineer-in-
determine the rate or rates on the basis ofprevailing
charge shall be conclusive as to such proportion. Over
market rates and pay the contractor accordingly.
and above this, further period to the extent of 25 percent
However the Engineer-in-charge, by notice in writing,
such extensions shall be allowed to the contractor. The
will be at liberty to cancel his order to carry out such
rates for such additional, altere_ or substituted work
class of work and arrange to carry it out in such manner
under this clause shall be worked out in accordance with
49
the following provisions in their respective order as he may consider advisable. But under no
circumstances the contractor shall suspend the work on
(i) If the rates for the additional altered or the plea of non-settlement of rates of items falling under
substituted work are specified in the contract for the the clause.
work the contractor is bound to carry out the additional
altered or substituted work at the same rates as are (vi) Except in case of items relating to
specified in the contract for the work. foundations, provisions contained in sub-clause(i) to (v)
above shall not apply to contract or substituted items as
(ii) If the rates forthe additional, altered or individually exceed the percentage set out in the tender
substituted work are not specifically provided in the documents (referred to herein below as deviation limit),
contract for the work, the rates will be derived from the subject to the following restrictions :
rates for a similar class of work as are specified in the
contract for the work. (a) The deviation limit referred to above is the
act effect(algebrical sum) of all additions and deductions
ordered.
(iii) If the altered, additional or substituted
works include any work for which no rate is specified in
_(b) In no case shall be additions/deductions
the .contract for the work and cannot be derived from the
(arithmetical sum) exceed twice the deviation limit.
similar class of. work in the contract, then such work
shall be carried out at the rates entered in C.P.W.O.
Schedule of rates ................................. applicable to (c) The deviations ordered on items of any
.............. for part A & B items ofworks. individual trade not already included in the contract shall
not exceed plus/minus 50% ofthe value ofthat trade in
the contract as a whole or half the deviation limit,
(a) CPWO schedule of rates for building portion
whichever is less.
minus/plus... .. . .. . percentage which the total tendered
amount of the concerned component work bears to the
estimated cost of tlJ.e concerned component work put to (d) The value of additions of item of any
tender. individual trade not already included in the contract shall
not exceed 10% of the deviation limit.
(b) CPWD schedule of rates at Minus/Plus .. . ... .. . .
.. . .. percentage which the total tendered amount of the NOTE: "Individual trade" means the trade
sanitary, water supply and drainage portion bears to the sections into which a schedule of quantities annexed to
estimated cost of the above portion of work put to tender. the agreement has been divided or in the absence of any
such division, the individual sections of the C.P. W.O.
(c) CPWD schedule of Rates for Minus/Plus . .. . .. .. schedule of Rates specified above, such as
... percentage for which the total tendered amount ofthe regard to the prevailing market rates.
Electrical portion bears to the estimated
excavation and earth work, concrete, wood work and CLA USE 13: If at any time after the
joinery etc. commencement of the work the BSNL shall for any
Therates of and such work except the items reason whatsoever not require the whole thereof as
relating to foundations which is in excess of the specified in the tender to be carried out the Engineerin-
deviation limit shall be determined to in accordance with charge shall give notice in writing of the fact to the
the provisions contained in Clause 12A. 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
For the purpose of operation of clause 12(iv)
execution of the work in full, but which he did not
the following works shall be treated as works relating to
derive in consequence of the full amount of the work not
foundations:
having been carried out, neither shall he have any claim
(a) For buildings, plinth level or 1.2 metres
for compensation by reason of any alterations having
above ground level whichever is lower, excluding items
been made in the original specifications drawings,
50
above flooring and D_P.C. but including base concrete designs and instructions which shall involve any
below the floors. curtailment of the work as originally contemplated.
(b) For abutments piers, retaining walls of
culverts and bridges walls of water reservoirs the bed of Provided that the contractor shall be paid the
floor level. charges on the cartage only of materials actually and
(c ) For retaining wall where floor level is not bonafide brought to the site of the work by the
determinate 1.2 metres above the average ground level contractor and rendered surplus as a result of the
abandonment or curtailment of the work or any portion
of bed level.
thereof and then taken by the contractor, provided
however, that the Engineer-in-charge shall have in all
(d) For roads, all items of excavation and filling
such cases the option of taking over all or any such
including treatment of sub-base and soiling work.
materials at their purchase price or at local current rates
whichever may be less.
(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, masonary In the case of such stores having been issued
work. from BSNL stores and returned by the contractor to
(f) For open storm water drains all items of work BSNL stores, credit shall be given to him by the
except lining of drains. Engineer-in-charge at rates not exceeding those at which
they were originally issued to him, after taking into
CLAUSE 12A: In the case of contract or consideration and deduction for claims on account of
substituted items, or additional items which result in any deterioration or damage while in the custody of the
exceeding the limits laid down in Sub-Clause (vi) of contractor and in this respect the decision of the
Clause 12 except the items relating to foundation work, Engineer-in-charge shall be final.
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 CLAUSE 14 : If it shall appear to the Engineer-
in-charge or his subordinate in charge of
proper analysis in respect of such items for quantities in
the work or by the chief Technical Examiner, that any
excess of the deviation limit, not withstanding the fact
work has been executed with unsound, imperfect, or
that the rates for such items exist in the tender for the
unskilful workmanship or with materials of any inferior
main work or can be derived in accordance with the
description, or that any materials or articles provided by
provisions of sub-clause (ii) of Clause 12, and the
him for the execution of the work are unsound or of a
Engineer-in-charge may revise their rates,. having regard
quality inferior to that contracted for or otherwise not in
to the' prevailing market rates and the contractor shall be
accordance with the contract, the contractor shall on
paid in accordance with the rates so fixed. The Engineer-
demand in writingwhich shall be made within six
in-chargeshall, however, be at liberty to cancel his order
months of the completion ofthe work from the Engineer-
to carry out such increased quantities of work by giving
in-charge specifying the work, materials or articles
notice in writing to the contractor and arrange to carry it
complained of not withstanding that the same may have
out in such manner as he may consider advisable. But been passed, certified and paid for forthwith rectify, or
under no circumstances the contractor shall suspend the remove and reconstruct the work so specified in whole
work on the plea of non-settlement of rates of items or in part, as the case may require or as the case may be
falling under this clause. remove the materials or articles so specified and provide
All the provisions of the proceeding paragraph other proper and suitable materials or articles at his own
shall equally apply to the decrease in the rates of iteins proper charge and cost; and in the event of his failing
for quantities in excess of the deviation limit, todo so within a period to be specified by the Engineer-
notwithstanding the fact that the rates forsuch items exist in-charge in his demand aforesaid, then the contractor
in the tender for the main work or can be derived in shall be liable to pay compensation at the rate of one
accordance with the provisions of subclause (ii) of the percent on the estimated amount put to
preceeding clause 12, and the Engineer-in-charge may
51
revise such rates having 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
tender for everyday not exceeding ten days, while his any sums that may be due or at any time thereafter may
failure to do so shall continue and in the case of become due to the contractor or from security deposit,
any such failure, the Engineer-in-charge may rectify or except for the potion pertaining to asphaltic work which
remove and reexecute the work or remove and replace is governed by sub para (iii) of Clause 35 or the
with others, the materials or articles complained of as proceeds of sale thereof or of a sufficient portion
the case may be at the risk and expense in all respects of thereof. The security deposit of the contractor, except for
the contractor. the portion pertaining to asphaltic work which is
governed by sub para (iii) of Caluse 35, shall not be
refunded before the expiry of twelve months (six months
in the case of any work other than road work costing Rs.
CLAUSE 15 : All work under or in course of
1,00,000 and below) after the issue of the certificate
execution or executed in pursuance of the contract shall
final or otherwise, of completion of work, or till the final
at all times be open to inspection and supervision of the
bill has been prepared and passed whichever is later.
Engineer-in-charge and his authorised subordinates, and
Provided that in the case of road work, if in the opinion
the contractor shall at all times during the usual working
of the Engineer-in-Charge half of the security deposit
hours and at all other times at which reasonable notice of
will be refundable after six months and the remaining
the intention of the Engineer-in-charge or his
half after twelve months ofthe issue ofthe said certificate
subordinate to visit the works shall have been given to
of completion or after the final bill has been prepared
the contractor, either himselfthe present to receive order
and passed whichever is later.
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 CLAUSE 18: The contractor shall supply and
contractor himself. The work during its progress can also provide at his own cost all materials, (except such
be inspected by the chief Technical Examiner on behalf special materials, if any, as may in accordance with the
of the Engineer-inCharge. contract be supplied from the Engineer-inCharge's
stores) plant, tools, applicances, implements, ladders,
cordage, tackle, scaffolding and temporary works
requisite or proper for the proper execution of the work,
CLAUSE 16: The contractor shall give not less whether original, altered or substituted and whether
than seven days notice in writing to the Engineerin- included in the specification or other documents forming
Charge or his authorised subordinate in charge of the part of the contract or referred to in these conditions or
work before covering up of otherwise placing beyond not, or which may be necessary for the purpose of
the reach of measurements any working order that the satisfying or complying with the requirements of the
same may be measured and correct dimensions thereof Engineer-inCharge as to any matter as to which under
be taken before the same is so covered up or placed these condition he is entitled to be satisfied or wh.ich he
beyond the reach of measurement and shall not cover up is entitled to require together with carriage therefore to
and place beyond the reach of measurement any work and from the work. The contractor shall also supply
without the consent in writing of the Engineer-in-charge without change the requisite number of persons with the
or his authorised subordinate in charge of the work who means and materials, necessary for the setting out works,
shall be covered up or placed beyond the reach of and counting, weighing and assisting in the
measurement without such notice having been given or measurement or examination at any time and from time
the Engineer-in-Charge's consent being obtained the to time of the work or materials. Failing his so doing the
same shall be uncovered at the contractor's expense, or same may be provided by the Engineer-incharge at the
in default there of no. payment or allowance shall be expense of the contractor and the expense may be
made for such work or the materials with which the deducted, from any money due to the contractor under
same was executed. the contract and/of from his security deposit or the
proceeds of sale thereof, of or a sufficient portions
thereof.
CLAUSE 17: If the contractor or his working
52
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,
CLAUSE 18 A: In every case in which by
cables, drains, electric telephone post or wires, trees,
virtue of the provisions of Section 12, sub-section(i) of
grass, grassland or cultivated ground contiguous to the
the Workmen's Compensation Act 1923 BSNL is
premises on which the work or any part of its is being
obliged to pay compensation to a workman employed by
executed, or if any damages shall happen to the work the contractor, in execution of the works. BSNL will
while in progress, from any cause whatever or, if any recover from the contractor the amount of the
defect, shrinkage or other facts appear in the work compensation so paid; and without prejudice to the
within twelve months (6 months in the case of any work rights of the BSNL under Section 12 sub-section (ii) of
other than road work costing Rs. 1,00,000 and below) the said Act. BSNL shall be at liberty to recover such
after a certificate final or otherwise of its completion amount or any part thereofby deducting it from the
shall have been given by the Engineer-in-Charge as security deposit or from any sum due by BSNL
aforesaid arising out of defective or improper materials
of workmanship the contractor shall upon's leceipt of a
notice in writing on that behalf make the any amount from the minimum wage payable to the
workmen as and by way of commission or other wise.
to the contractor whether under this contract or The contractor shaH ensure that no amount by
otherwise BSNL shall not be bound to contest any claim way of commission or otherwise is deducted or
made against it under section 12, sub-section (i) of the recovered by the Jama_ar from the wage ofworkmen.
said Act, except on the written request of the contractor
and upon his giving to BSNL full security for all costs (b) The contractor shall, not withstanding the
for which BSNL , might become liable in consequence provisions of any contract to the contrary, cause to be
of contesting such claim. paid fair wage to labour indirectly engaged on the work,
CLAUSE 18 B: In every case in which by including any labour engaged by his subcontractors in
virtue of the provisions of the Contract Labour connection with the said work, as if the labour had been
(Regulation and Abolition) Act 1970 and of the Contract immediately employed by him.
Labour (Regulation and Abolition) Central Rules, 1971
BSNL is obliged to pay any amounts of wages to a (c) In respect of all labour directly or indirectly
workman employed by the contractor in execution of the employed in the works for performance of the
works, or to incur any expenditure in providing welfare contractor's part of this agreement the contractor shall
and health amenities required to be provided under the comply with or cause to be compiled with the
above said Act and the Rules, under Clause 19H or Contractors Labour Regulations made by Government
under the contractors' Labour Regulations, or under the from time to time in regard to payment of wages, wage
Rules framed by Government from time to time for the period deductions from wages, recovery of wages not
protection of paid and deductions unauthorisedly made; maintenance
I health and sanitary arrangement for workers employed of wage book_ or wage slips, publications of scale of
by the contractors BSNL will recover form the wages and other terms of employment inspection and
contractor the amount of wages so paid or the amount of submission of periodical returns and all other matters of
expenditure so incurred; and without prejudice to the the like nature or as per the provisions of the Contract
rights of the BSNL under section 20 sub section (2) and Labour (Regulation and Abolition) Act, 1970 and the
section 21, sub section (4) of the contractor Labour Contract Labour (Regulation and Abolition) Central
(Regulation and Abolition) Act 1970. BSNL shall be at Rules, 1971, wherever applicable.
liberty to recover such amount of any part thereof by
deducting if from the security deposit of from any sum d) The Divisional Officer concerned shaH have
due by BSNL to the contractor whether under this the right to deduct the moneys due to the contractor any
agreement otherwise BSNL shall not be bound to contest sum required or estimated to be required for making
any claim made against it under section 20, sub-section good the loss suffered by a women workers or by reason
(l) and section 21, sub-section (4) of the said Act, except ofnon_fulfilment of the conditions of the contract for the
on the written request of the contractor and upon his benefit of the workers non-payment of wages or of
giving to the BSNL full security for all costs for which deductions made from his or their wages which are not
BSNL might become liable in contesting such claim.
53
CLAUSE 19: The contractor shaIl obtain a justified by their terms of the contract or non observance
valid licence under the contract Labour (R&A) Act of the Regulations.
1970 and the Contract Labour (Regulation and'
Abolition) Central Rules, 1971 before the e) The contractor shall comply with the
commencement of the work and continue to have a valid provisions of the payment of Wages, Act,1956
licence until the completion of the work. Minimum Wages Act 1948, Employees Liability Act
1938, Workmen's compensation Act 1936 Industrial
Any Failure to fulfil this requirement shall
Disputes Act 1947, Maternity Benefits Act 196 I
attract the penal provisions of this contract arising out of
the resultant non-execution of the work. 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
CLAUSE 19A: No labourer below the age under from time to time.
of eighteen years shaH be employed on the work.
f) The Contractor shall indemnify BSNL
CLAUSE 19B : Payment of wages: (a) The against payments to be made under and for the
-contractor shall pay to labour employed by him either
observance of the Laws aforesaid and the contractors,
directly or through sub-contractors, wages not less than
fair wages as defined in the contractor's Labour Labour Regulation without prejudice to his rightto claim
Regulations or as per the provisions of the contract indemnity fromhis sub-contractors.
Labour (Regulations and Abolition) Act 1970 and the
Contract Labour (Regulation and Abolition) central
Rules 1971, wherever applicable. The contractor shall (g) The regulations aforesaid shall be deemed
pay not less than fair wages as prescribed under to be a part of this contract and any breach thereof shall
minimum wages Act. be deemed to be a breach of this contract.
Short Note: Supreme Court's observation dated CLAUSE 19C: In respect oflabour directly or
18-9-1982: 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
Whatever is the minimum wage for the time being or provisions as per safety code framed time to time and
if the wage payable is higher than such wage, shaH be paid by shaH at his own expense provide from all.
the _contractor to the workman directly without the facilities in connection therewith. In case the contractor
intervention of Jamadar and that Jamadar shaH not be entitled fails to make arrangement and provide necessary
to deduct or recover facilities aforesaid he shall be liable to pay
Shall be regulated as follows :
A plenty of Rs. 200 for each default and in addition the 1. LEAVE:
Engineer-in-Charge shall beat liberty to make (0 In case of delivery, maternity leave not exceeding 8
arrangement and provide facilities as aforesaid and weeks, 4 weeks upto and including the day of delivery
recover the costs incum_d in that behalf ITom the and 4 weeks following that day.
contractor.
(i0 In the case of miscarriage uptCi 5 weeks
from the date ofmiscarriage.
CLAUSE 19D: The contractor shaH submit, by
the 4th and 19th of every month, to the Engineer-in- Maternity benefit rules for female workers employed by contractor
charge a true statement showing, in respect of the second
half of the proceeding month and the first half of the
2.PAY:
current month respectively:
I) The number oflabours employed by him (i) In the case of delivery... ... ... ..leavepay during
on the work. maternity leave will beat the rate of the women's average
2) Their working hours. daily earnings, calculated on the total wages earned on
3) The wages paid to them. the days when full time work was done during a period
4) The accidents that occurred during the said fortnight of 3 months immediately preceeding the date on which
showing the circumstances under which they happened she gives notice that she expect to be confined or at the
and the extent of damage and injury caused by them, and rate of Rupee one only a day which ever is greater.
54
5) The number offemale workers who have been allowed (ii) In case of miscarriage. . . . .. . . . .leave pay
Maternity benefit according to Clause 19F and the at the rate of average daily earning calculated on the
amount paid to them. total wages earned on the days when full time work was
Failing which the contractor shall be liable t_ done during a period of 3 months immediately
pay to BSNL a sum not exceeding Rs. 200 for each proceeding the date of such miscarriage.
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. 3. CONDITIONS FOR THE GRANT OF
CLAUSE 19E: In respect of all labour directly or MATERNlTYLEAVE :
indirectly employed in the works for the performance of
the contractor's .part of this agreement, the contractor No maternity leave benefit shall be admissible
shall comply with or cause to be complied with all the to a woman unless she has been employed for a total
rules framed by Government from time to time for the period of not less than 6 months immediately
protection of health and sanitary arrangements for proceeding' the date on which she proceeds on leave. '
workers employed by the BSNL (civil wing) and its 4. The contractor shall maintain a Register of
contractors. Maternity (Benefit in the prescribed form as shown
below and the same shall be kept at the place of work.
CLAUSE 19F: Leave and pay during leave
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 employee___________________________________________________________________________
Nature of employment Father/Husband Name Nature of Employement Period of Date of which
Actual notice of
Appointment Confinement given
1 2 3 4 5
Date on which maternity leave commenced and ended
Date of delivery/ miscarriage In case of delivery In case ofmiscarriage
Commenced Ended Commenced Ended
6 7 8 9 10
Leave pay paid to the emplovee
In case of delivery In case of miscarriage Remarks
Rate of leave pay Amount paid Rate of leave pay Amount paid
11 12 13 14 15
55
Specimen form of the Register, regarding Maternity Benefit
admissible to the contractor's labour in
BSNL (Civil / Elec. Wing)
1. Name of the work _____________________________ Name of the contractor ___________________________
2. Name of the women and her'husband's Name.
3. Designation
4. Date of appointmeu.
5. Date with months and years in which she is employed
6. Date of discharge/dismissed, if any:
7. Date of production of certificate in respect of pre_ancy :
8. Date on which the women informs about the expected delivery :
9. Dilte of delivery/miscarriage death:
10. Date of production of certificate in respect of delivery/miscarriage:
11. Date with the amount of maternity/death benefit paid in advance of expected delivery :
Date with the amount of subsequent payment of maternity benefit: '
12. Name of the person nominated by the woman to receive the payment ofthe 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 the Engineer-in-charge shall have the power to provide
contractor(s) committing a default or breach of any of the amenities herein before mentioned at the cost of the
the provisions of the BSNL contractors Labour contractor(s). The contractor(s) shall errect, make and
Regulations and Model Rules, and Provision of the maintain at his/their own expense according andlto
Central Labour (Regulation and abolition Central Rules approved standards aII necessary huts and sanitary
1970 and contract labour (R & A) Central Rules 1971 arrangements required for his/their work people on the
for the protection of health and sanitary arrangements site in connection with the execution of the works and if
for the workers as amended from time to time or the same shall. not have been errected or constructed,
furnishing any information or submitting or filing any according to approved standards the Engineer-in-charge
statement under the provision of the above Regulations shall have power to give notice in writing to the
and Rules which is materially incorrect, he/they shall contractor( s) requiring that the said huts and sanitary
without prejudice to any other liability pay to the BSNL arrangements be
a sum not exceeding Rs.200 for every default, breach or
furnishing making, submitting, filing such materially remodelled and/or reconstructed according to
J
incorrect statements and in' the event of the contractor(s) approved standards, and if the contractor(s) shall
defaulting continuously in this respect, the penalty may fail to remodel or reconstruct such huts and sanitary
be enhanced to Rs.200 per day for each day of default arrangement according to approved standards, within the
subject to a maximum of 5 percent of the estimated cost period specified in the notice the Engineer-incharge shall
of the work put to tender. The decision of the Engineer- have the power to remodel or construct such huts and
in-charge shall be final and binding on the parties. sanitary arrangements according to approved standards
at the cost of the contractor(s).
CLAUSE 19 H: The contractor(s) shall at
Should it appear to the Engineer-in-charge that his/their own cost provide sufficient numbers of
the contractor(s) is/are not properly observing and prefabricated dormitories/quarters for construction
complying with the provisions of the contractor's Labour
labour (thereinafter referred as the camp) of the
Regulations and Model Rules and the provisions of the
56
contract Labour Regulation and abolition Act 1970 and following specifications so as a suitable plot of land to
the Contract Labour (R&A) Central rules 1971 fo{ the be approved by the Engineer-in-charge.
protection of health and sanitary arrangement for the
works people employed by the contractor(s) (hereinafter I. (a) The minimum height of each pre-
referred as "the said Rules") the Engineer-in-charge shall fabricated dormitorie quarters for construction labour at
have power to give notice in writing to the contractor(s) the caves level shall be 2.10 mt (7 ft) and the floor area
requiring that the said Rules be to be provided will be at the rate of2.7 sq.mt. (30 sq:ft.)
. complied with and the Amenities prescribed therein be for each member of the workers family staying with the
provided to the work people within a reasonable time to labourers.
be specified in the notice. If the contractor(s) shall fail
(b) The contractor(s) shall in addi_ion construct suitable
within the period specified in the notice to comply with
and observe the said Rules and to provide the amenities cooking places having a minimum area of 1.80 m x 1.50
to the work people as aforesaid, m (6'x5'),adjacent to the prefabricated
domitories/quarters for construction labour for each
family.
(c) The contractor(s) shall construct
sufficient number of bathing and washing places, one Authorities. If trenching or incineration is not al1owed,
unit for every 25 person residing in camp. These bathing the contractor(s) shall make arrangements for the
and washing places, shall be suitably screened. removal of the excreta through the Municipal
Committee/authority and inform it about the number of
(d) The contractor(s) shall also construct labourers employee so that arraugements may be made
temporary latrines and urinals, for the use of the by such committee/authority for the removal of the
labourers each on the scale of not less than four per one excreta. All charges on this account shall beborne by the
hundred of the total strength, separate latrines and contractor and paid direct by him to the Municipality
urinals being provided for women. authority. The contractor shall provide one sweeper for
2. (a) All the pre-fabricated quarters/ every 8 seats in case of dry system.
dormitories for construction shall have walls ofburnt 6. Drainage - The contractor(s) shall provide
brick laid in mortar or other suitable local materials as efficient arrangement for drainage away sullage water so
may be approved by the Engineer-in-charge. The as to keep the camp neat and tidy.
external surface of walls shall be plastered with cement
7. The contractor(s) shall make necessary
morta 1:6 (1 cement: 6 fine sand). The plinth of pre-
arrangements for keeping the camp area sufficiently
fabricated dormitories/quarters for construction labour
lighted to avoid accidents to the workers.
shall be at least 150 mm above the surrounding ground.
The flooring shall be offlat bricks laid on well
consolidated earth base. The roof slab laid with AC 8. Sanitation - The contractor(s) shall make
arrangements for conservancy and sanitation in the
Sheet and wooden runners/tabular sections. The
labour camps according to the rules of the Local Public
contractor shall ensure that throughout the period of
Health and Medical Authorities.
their occupation the roofs remain water-tight.
CLAUSE 19-1 : The Engineer-in,charge may
(b) The contractor(s) shall provide each pre- require the contractor to dismiss or remove from the site
fabricated dormitories quarters for construction labour of the work any person or persons in the contractors'
with proper ventilation, consisting of windows of honey employ upon the work who may be incompetent or
comb brick work just below the roof projection. misconduct himself and the contractor shall forth with
comply with such requirements.
(c) All doors windows and ventilators shall be
provided with suitable battened and braced shutters for CLAUSE 19-J: It shall be the responsibility of
security purpose. the contractor to see that the building under construction
is not occupied by any body unauthorisedly during
construction and to handover to the Engineer-in-charge
(d) There shall be kept an open space or at least vacant possession of complete building. If such building
7.2 mt. (8 yards) between the rows of prefabricated
57
dormitories/quarters for construction labour which may though completed, if occupied illegally then Engineer-
be reduced to 6mt. (20ft.) according to the availability of incharge will have the option to refuse to accept the said
site with the approval of the Engineer-il1"-charge building/buildings in that position and delay acceptance
back to back construction will be allowed. on this account will be treated as delay in completion
and for such delay upto 5% of the estimated cost put to
tender may be imposed by the Superintending Engineer
3. Water supply: The contrctor(s) shall provide whose decision shall be final both with regard to the
adequate supply of water for the use of labourers. The justification and quantum.
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 However the Superintending Engineer may
and washing purpose. Where piped water supply is require the contractor through a notice to remove the
available, supply shall be at stand posts and where the illegal occupation any time on or before construction
supply is from well or river, tanks which may be of and delivery.
metal or masonary, 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 CLAUSE -20: The contractor shall comply
camp from the existing mains 'wherever available, and with all the provisions of the Minimum Wages Act,
shall pay all fees charges therefor. 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
4. The site selected for the camp shall be high
time to time.
ground, removed fromjungle.
5. Disposal of Excreta ... ..................... The CLAUSE - 21 : The contract shall not be assigned or
contractor(s) shall make necessary arrangements for the sublet without the written approval of
disposal of excreta from the latrines by trenching or become insolvent or commence any insolvency for subletting
incineration which shall be according to the this contract, or attempt so to do, or become insolvent or
commence any insolvey proceeding or make any composition
requirements laid down by the Local Health
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 _ervants or agent to any public officer or person in of his duties as BSNL servant he had expressed view on
the employ o(BSNL in any way relating to his officer or all or any of the matters in dispute or difference. The
employment, or if any such officer or person shall arbitrator to whom the matter is originally referred being
become in any way directly or indirectly interested in the transferred or vacating his office or being unable to act
contract, the Engineer-in-charge on behalf of the BSNL fOf any reason, such Chief Engineer or administrative
shall have power to adopt any of the course specified in head as aforesaid at the time of such transfer, vacation of
Clause "3 as he may deem, best suited in the interest of office or inability to act shall appoint another person to
the BSNL and in the event of any of these courses being act as arbitrator in accordance with the terms of the
adopted the consequences specified in the said Clause 3 contract. Such persons shall be entitled to proceed with
shall ensure. the reference from the stage at which it was left by his
predecessor. It is also a term of this contract that no
CLAUSE 22 :c All sums payable by way of person other than a person appointed by such Chief
compensation under any of these conditions shall be Engineer or administrative head of the civil wing, as
considered as reasonable compensation to be applied to aforesaid should act as arbitrator and if for any reason,
the use of BSNUwithout reference to the actual loss or that is not to be referred to arbitration at all. In all cases
damage sustained and whether or not any damage shall where the ambunt ofthe claim dispute is Rs.75,000
have been substained. (Seventy five thousand) and above the
CLAUSE 23 : Where the contractor is a arbitrator shall give reasons for the award.
partnership firm, the previous approval in writing of the ,.
58
Engineer-in_charge shall be obtained before any change Subject as aforesaid the provisions of the
is m(!pe in the constitution of the firm. Where the Arbitration and concialation Act,1996, or any statutory
contractor is an individual or a Hindu undivided family modification or re-enactment thereof and the rules made
business concerp such approval as aforesaid shall thereunder and for the time being in force shall apply to
likewise be obtained before the contractor enters into the arbitration proceeding under this Clause.
any partnership agreement where under the partnership It is a term of the Contract that the party
firm would have the right to carry out the work hereby invoking arbitration shall specify the dispute or disputes
undertaken by the contractor. If previous approval as to be referred to arbitration under this clause together
aforesaid is not obtained, the contract shall be deemed to with the amount or amounts claimed in respect of each
have been assigned in contravention of Clause 21, hereof such dispute.
and the same consequences shall ensure as provided in
the said Clause 21.
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
CLAUSE 24: All works to be executed under 90 days of receiving the intimation from the BSNL that
the contract shall be executed under the direction and the bill is ready for payment, the claim of the
subject to the approval in all respects of the Engineer-in- contractor(s) will be deemed to have been waived and
charge who shall be entitled to direct at what point or absolutely barred and BSNL shall be discharged and
points and in what manner they are to be commenced, released of all liabilities under the contract is respect of
and from time to time carried on. these claims.
CLAUSE 25: Except where other wise The decision of the Superintending Engineer
provided in the contract all questions and disputes regarding the quantum of reduction as well as
relating to the meaning Of the specifications, designs, justification thereof in respect of rates for substandard
work which may be decided to be accepted will be final
drawings and instructions herein before mentioned and
and would not be open to arbitration. It is also a term of
as to quality of workmanship or materials used on the
contract that no person other than person appointed by
work or as to any other question claim, right, matter or
such chief Engineer as above said should act as
thing whatsoever in any way arising out of or relating to
arbitrator and if for any reason that is not possible the
the contract, designs, drawings, specifications, estimates,
matter is not to be referred to arbitrator at all.
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 abondonment thereof The arbitrator(s) may trom time to time with
shall be referred to the sole arbitration of the person the consent of the parties enlarge the time for making
appointed by the Chief Engineer, Civil Wing. In charge and publishing the award.
of the work at the time of dispute or ifthere be no Chief
Engineer, the administrative head of the said BSNL at
It is also term of contract that no person other
the time of such appointment. It will be no objection to
thim person appointed by the. Chief Engineer as above
any such appointment that the arbitrator so appointed is
said should act as arbitrator and iffor any reason that is
a BSNL servant that he had to deal with the matters to
not possible the matter is not to be referred to arbitration
which the contract relates and that in the course
at all.
CLAUSE 26: The contractor shall fully
patent or design or any alleged patent or design rights indemnify the BSNL against any action, claim or
and shall pay any royalties which may be payable in proceeding, relating to infringment or use of any
respect of any article or part thereof included in the sum of money or moneys so with-hold or retained under
contract. In the event of any claims made under or action the lien referred to above, by the Engineer-incharge or
brought against BSNL in respect of any such matters as will be with held 01: retained of such by the Engineer-
59
aforesaid the contractor shall be immediately notified in-charge till the claim arising out of or under the
thereof and the contractor shall be at liberty, at his own contract is deterined by the Arbitrator. (if the contract is
expense, to settle any dispute or to conduct any litigation governed by the Arbitration Clause) by the competent
that may arise there-from. Provided that the contract court, as the case may be and the contractor will have no
shall not be liable to indemnify the BSNL, if the claim for interest or damage whatsoever on any account
infringment of the patent or design right is the direct in respect of such with holding or retention under the
result of an order passed by the Engineer-in-charge in lien referred to above and duly notified such to the
this behalf. contractor for the purpose of this clause where the
contractor is a partnership firm or a Limited Company
the Engineer_ in-charge shalt be entitled to with hold
and also have a lien to retain towards such claimed
CLAUSE 27: When the estimate on which a
amount or amounts in whole or in part from any sum
tender is made includes lumpsum in respect of parts of
found payable to any partner/limited company as the
the work the contractor shall be entitled to payment in
case may be whether in his individual capacity or
respect ofthe items of work involved or the part of the
otherwise.
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 (2) BSNL shall have the right to cause an audit
capable of measurement, the Engineer-in-Charge and technical examination of the works and the final
m_y_at his discretion pay lump sum amount entered in bills of the contractor including all supporing vouchers
the estimate, and the certificate in writing ofthe abstract, etc., to be made after payment of the final bill
Engineer-in-Charge shall be final and conclusive against and if as a result. of such audit and technical
the contractor with regard to any sum or sum payable to examination any sum is found to have been over paid in
him under the provisions of the Clause. 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
CLAUSE 28: In the case of any class of work
amount of over payment and shall be lawful for BSNL
for which there is no such specification as is mentioned
to recover the same from him in the manner prescribed
in Rule I, such work shall be carried out in accordance
in sub clause (i) of this clause or in any other manner
with the distinct specification and in
legally permissible;
- the event of there being no distinct, specification, then in
and if it is found that the contractor was paid less than
such case the work shall be carried out in all respects in
what was due to him under the contract in respect of any
accordance with the instructions and requirements of the
work executed by him under it, the amount of such
Engineer-in-charge.
under payment shah be duly paid by BSNL to the
contractor. For the purpose of this clause where the
CLAUSE 29 : (l) with holding & lein in respect contractor is a partnership firm or a limited company the
of sums claimed:- Whenever any claim or claims for Engineer-in-charge of the BSNL shall be entitled to with
payment of sum of money arises out of or under the - hold and also have a lien to retain towards such claimed
contract. against the contractor, the Engineer-in-charge amount or amounts in whole or in part from any sum
shall be entitled to withhold and also have a lien to retain found payable to any partner/ limited company as the
such sum or sums in whole in part from the security, if case may be whether in his individual capacity or
any deposited by the contractor and for the purpose otherwise.
aforesaid the Engineerin-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
Provided that BSNL shall not be entitled to
finalisation or adjudication of any such claim. In the
recover any sum overpaid nor the contractor shall
event of the. security being insufficient to cover the
entitled to payment of any sum paid short where such
claimed amount or amounts or if no 'security has been
payment has been agreed upon between the
taken from the contractor, the Engineer-in-charge shall
Superintending Engineer or Executive Engineer on the
be entitled to with hold and have a lien to retain to the
one hand and the contractor on the other under any term
60
extent of such claim amount or amounts referred to of the contract permitting payment for work after
above, from any sum or sums found payable or which at assessment by the Superintending Engineer or the
any time thereafter may become payable to the Executive Engineer.
contractor under the same contract with the Engineerin-
charge of the BSNL of any contract person through the
Engineer-in-charge pending finalisation or adjuciation of
any such claim. CLAUSE 29A ; A lien in respect of claims in set of
Clause other contracts.
It is an agreed term of the contract that the '
Any sum of money due and payable to the
contractor (including the security deposit returnable to
retained by way of lien by the Engineer - in - charge or
him) under the contract may be with held or
any other contracting person or person through,
his/their own arrangements for unfiltered water required
Engineer-in-charge against any claim of the Engineerin-
for the work and nothing extra will be paid for the same.
charge of such other person or persons in respect of
This will be subject to the following conditions:
payment of a sum of money arising out or under any
other contract made by the contractor with the Engineer- 0) That the water used by the contractor (s)
in-charge of the BSNL or with such other person or shall be fit for construction purposes, to the satisfaction
persons. of the Engineer-in-charge.
It is an agreed term of the contract that the sum (ii) Unfiltered water required for the execution
of money so withheld or retained under this clause by of work may be supplied to the contractor at the
the Engineer-in-charge orthe BSNL will be kept discretion of the Divisional Officer on the following
withheld or retained as such by the Engineerin-charge or conditions:
till such claim arising out of the same contract or any
other contract is either mutually settled or determined by (1) Payment by the Contractor 1 % of the total
the Arbitration clause or by the competent court, as the cost ofthe entire work done under the contract.
case may be and that the contractor shall have no claim
for interest or damages whatsoever on this account or (2) The Contractor (s) shall make his/their own
any other ground in respect or any sum of money arrangements for water connection and laying of pipe
withheld or retained under this clause and duly notified lines form existing mains or source ofsupply. It should
as such to the contractor. be clearly understood that BSNL do not guarantee to
maintain uninterrupted supply of water and it will be
CLAUSE 30 :The contractor shall not employ incumbent on the contractor (s) to make alternative
coal mining or controlled area labour falling under any arrangements forfwater at his/her own cost in the event
category whatsoever on or in connection with the work of any temporary break down in the BSNL water main
or recruit labour from area within a radius of 32 Km. (20 so that progress of his/their work is not held up for want
miles)of the controlled area subject as above the of water. No claim of damages or refund of water
contractor shall employ imported labour only i.e., deport charges will be entertained on account of such
imported labour or labour imported by contractors ITom breakdown.
area, ITom which import is permitted.
When ceiling price for imported labour has (3) Where there is Municipal unfiltered or
been fixed by State or Regional Labour Committees not filtered water pipe line and the water is taken ITom this
more than that ceiling price shall be paid to the labour by source, the contractor shall approach the concerned
the contractor. Municipality direct for the supply ofwater and pay the
charges directly to the Municipality.
The contractor shall immediately remove any
labourer who may be pointed out by the Engineer-in- (iii) The contractor shall be solely responsible
Charge as being a coal ming or controlled area to obtain 'p' form the Municipal Corporation get it
labourers. Failure to do so shall render the contractor signed from the Engineer-in-charge submit the same to
liable to pay to BSNL a sum calculated at the rate of Rs.I the Municipal authority, purse vigorously the clearance
61
0 per day per labourer. The certificate of the Engineer- of the form with the Municipal Authority obtain the
in-Charge about the number of coal mining or controlled necessary permission for connection from the
area labour and the No. of days for which they worked Corporation, and get the temporary water connection to
shall be final and binding upon parties to this contract. 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.
It is declared and agreed between the parties
that the aforesaid stipulation in this clause is one in
CLAUSE 32 (I) : Where there is no piped water
which the public are interested within the meaning of the
supply arrangement and the water is taken by the
exception of Section 74 of Indian contract Act, 1972.
contractor from the wells or hand pumps constructed by
the BSNL no charge shall be recovered from the -
"Controlled Area" contractor on the account. The contractor shall,
however, draw water at such hours of the day that it does
Explanation not interfere with the normal use for which the hand
means the following area: pumps and wells are intended. He will also be
District of Manbhum, Hozaribagh, Jumtra responsible for all damages and obnormal repairs arising
Sub-Division of Santa I Paraganas. out of his use, the cost of which shall be recoverable
District ofBankura, Birbham, Burdwan, from him. The Engineer-in-charge shall be the final
authority to determine the cost recoverable from the
contractor on this account.
District ofBilaspur.
Any other area which may be declared as "Controlled
(ii) The contractor shall be allowed to construct
Area" by or with the approval of the Central
temporary wells in BSNL land for taking water from
Government.
construction purposes only after he has got permission
of the Engineer-in-charge in writing. No charges sha)l be
CLAUSE 31: The contractor(s) shall make
recovered form the contractor on this account, but the
to provide necessary safety arrangement to avoid any
contractor shall be required
accidents or damage to adjacentbuildings roads and
its extent in this regard and his decision, shall be final
service lines. He shall be responsible for any accidents
and binding on the contractor.
or damage caused due to construction and subsequent
(c) The plant and machinery as stipulated
maintenance of the wells and shall restore the ground to
above will be issued as and when available and if
its original condition after the wells are dismantled on
required by the contractor. Roller when
completion of the work.
required should be obtained ftom the BSNL. The
contractor shall arrange his programme of work
CLAUSE 33: Not withstanding any thing
according to the availability of the plant and machinery
contained the contrary in any or all of the clauses of this
and no claim, whatsoever, will be entertained from him
contract, where any materials for the execution of the
for any delay in supply by the BSNL.
contract are procured with the assistance of BSNL either
(d) Mechanical concrete mixers for mixing the
by issue from BSNL stocks or purchase made under
mortar and concrete will be supplied by the BSNL if any
orders of permits or licenses issued by the BSNL, the
available, and if so required by the contractor BSNL
contractors shall hold the said materials economically
stores at................... ... and contractor shall bear the
and so lely for the purpose of the contract and not
dispose of them without the permission of the BSNL and cost of its cartage from the store to the site of the work
return, ifrequired by the Engineer-in-charge, all surplus and back.
or unservicable materials that may be left with him after
the completion of the contract or at its termination for The mixer shall be made over and taken back
any reason whatsoever on being paid or credited such at the mixer shed and hire charges shall be recovered at
price as the Engineer-in-charge shall determing having Rs ..............................per day from the day the mixer
due regard to the condition of the materials. The price is made over to the date of its return irrespective of its
allowed to the contractor however shall not exceed the being put into use or not except for the major break
down. During which period hire charge shall not be
62
amount charged to him excluding the storage charge recovered the break down for a period offull day or more
ifany. The decision of the Engineerin-charge shall be shall be considered as major break down. The certificate
final and conclusive in the event of breach of the of the Engineer-in-charge for the period of break down
aforesaid condition the contractor shall in addition to shall be final and binding on the contractor.
throwing himself open to action for contravention of the The contractor shall have to engage a full time
terms of the licence to permit and/or for criminal breach chowkidar for watch and ward of the concrete mixer and
of trust, be liable to BSNL for all moneys, advantages or shall be responsible for its safety. The Chowkidar for
profits resulting or which in the usal course would have safe guarding the road rollers shall be employed by the
resulted to him by reason of such breach. contractor when these are hired out to him and they shall
sign an agreement indeminif)1ing the BSNL against any
CLAUSE 34 (a): The following plant loss or damage caused to the machine either during
and machinery required for the work will be issued to the transist or at the site ofwork.
contractor on hire on conditions given below :
(e) The hire charge shown above are for each
S,No. Description Hirecharge perday day of 8 hours (inclusive ofthe one hour lunch break) or
part thereof. In case of steam road roller, the period of8
hours will be inclus,ive oftime required to make up the
(i) boiler pressure before start of work and to lower the
boiler pressure at the close ofwork.
(f) Hire charge will include services of
(ii)
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 upto the steam road
(b) Plant and machinery when supplied shall be
roller when issued. Power fuel of approved type
made over and taken back at the departmental equipment
firewood, kerosine oil, etc., for running the plant and
shed at ... .. . . . .. .. ..and the contractor shall bear the
machinery against any loss damage shall be arranged by
cost of their carriage from the shed to the site of work
the contract who shall be full responsible for the
and back. The contractor shall be responsible to return
safeguard and security of plant and machinery. The
the plant and machinery with condition in which it was
contractor shall on or before supply of plant and
handed over to him caused to the said plant and
machinery sign an agreement indemnifying the BSNL
machinery _t the site of work or else where in operation
against any loss or damage caused to the plant and
and otherwise during transit including damage to or loss
Machinery either during transit at the site of work.
of plants and for all losses due t6"'his failure to return
the same soon after the completion of the work for (g) Ordinarily, no plant and machinery shall
which it was issued. The Division Engineer shall be the work for more than 8 hours a day inclusive of one hour
sole judge to determine the liability ofthe contractor and 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
employed by the contractor himself, log book for
charges for overtime to be borne by the contractor shall
such rollers shall be maintained in the same manners as
be 50% more than the normal proportionate hourly
is done in case ofBSNL rollers maximum Quantity of
charges (l/8Ih of the daily charges) subject to a
any item to be consolidated for each roller day shall be
minimum of half day's normal charge on any particular
also be same as in Anrtexure to clasue 34 (j) for less use
day. For working out hire charges for overtime a period
of rollers recovery for less rollers day shall be made at
of less than half an hour and above will be charged as
the stipulated issue rate.
one hour and a pedod of less than half an hour will be
(m) The hire charge shall be recovered at the
ignored.
prescribed rates trom and inclusiv.e of the date of plant
63
(h) The contractor shall release the plant and and machinery is made over upto and inclusive of the
machinery every 10m day for periodical servicing and/or date of its return in good orders even though the same
wash out which may be for about three or four hours or may not have been working for any cause except for
more. He shall also provide for a labour and water that major break down due to no fault of the contractor or
may be required for wash out of steam rollers. Hire faulty use, requiring more than 3 working day
charges for full day shall be recovered from the continuously (Le. excluding intervening holidays and
contractor for the day of servicing/wash out irrespective sundays) to bring the plant in order. The contractor shall
of the period employed in servicing/ wash out. immediately intimate in writing to the Engineer-in-
(i) The plant and machinery once issued to a Charge when any plant or machinery gets out of order
contractor shall not be returned by him or lack of a requiring major repairs as aforesaid. The Engineer-in-
arrangements of labour, material, etc., on his part, the Charge shall record the date and time ofreceipt of such
same will be returned only when they require major intimation in the log sheet of the plant or machinery.
repairs or when in the opinion ofth6 Engineerin-charge Based on this if the breakdown occurs before which the
the work or portion of work for which the same issued is period of Major breakdown will be computed
considering half a day break on the day of complaint if
completed.
this breakdown occurs in the post lunch period of major
breakdown will be computed starting trom the next
(j) Log book for recording the hours for
working day. In case of any dispute under this clause the
recording the hours of daily work for each of the plant
decision of the Superintending Engineer shall be final.
and machinery supplied to the contractor will be
maintained by the BSNL and will be attested by the CLAUSE 35 (I): The contractor undertakes to
contractor or his authorised agent daily. In case the make arrangements for the supervision ofthe work by
contractor contests the correct-ness of the entries and/or the finn supplying the tar or bitumen used.
fails to sign the log book the decision of the Engineer-in- (ii) The contractor shall collect the total
Charge shall be final and binding on him. Hire charges quantity of tar or bitumen required for the work as per-
will be calculated according to the entries in the Log standard formula, before the process of painting started
book and will be binding on the contractor. Recovery on and shall hypothecate it to the Engineer-inCharge. If any
account of the hire charges forroad roller shall be made bitumen or tar remain unused on completion of the work
for the minimum number of days worked out on the on account of lesser use of material in actual execution
assumption that a roller can consolidate per day and for reasons other than authorised changes or
maximum quantity of materials of area of surfacing as specification and abandonment portion of work, a
not noted against each in the annexed statement. (see corresponding deduction equivalent to the cost of unused
attached annexure) materials as determined by the Engineer-in-Charge shall
be made and the material returned to the contractor.
(k) In the case of concrete mixers, the Although the materials are hypothecated to BSNL the
contractor shall arrange to get the hopper cleaned .and contractor undertakes the responsibility for their proper
drum washed at the close of the work each day or each watch safe custody and protection against all risks.
occasion.
Conditions relating to asphaltic materials
(I) The contractor shall be responsible to return
The contractor shall not be removed trom site
the plant and machinery in the condition in which it was of work with out the consent of the Engineer-inCharge
handed over to him and he shall be responsible for all in writing. '
damage caused to the said plant and machinery at the
site of work or elsewhere in operation or otherwise or (iii) The contractor sh_1I be responsible for
during transit including damage to or loss parts, and for rectifYing defects noticed within a year trom the date of
all losses due to his failure and return the same soon completion of the work and the portion of the security
after the completion of the work for which it was issued. deposit relating to asphaltic work shall be refunded after
The Divisional Engineer shall be the sole judge to the expiry of this period.
determine the liability of the contractor and its extent in
this regard and his decision shall be final and binding on CLAUSE 36-1: For Building and Road
the contractor.
64
Works
In case of rollers for consolidation are The contractor shall employ the following
technical staff during the execution of the work :
(i) One Graduate Engineer when the The technical staff should be available at site,
whenever required by Engineer-in-charge to take
tendered cost of work to be executed is more than Rs.IO
instructions.
lakhs (Rupees ten lakhs only).
(ii) One qualified diploma holder
In case the contractor fails to employ the'
(overseer) and having experience of not less than 3 years
technical staff as aforesaid, he _luill be liable to pay a
when the tender cost of work to be executed is more than
reasonable amount not exceeding Rs.1500/(Rupees one
Rs.5 lakhs (Rupees five lakhs only) but less than Rs.lO
thousand and five hundred only) for' each month of
lakhs (Rupees ten lakhs only). default.
(ill) One qualified diploma holder The decision of the Engineer-in-charge as to
(overseer) when the tendered cost of work to be the period for which the required technical staff
executed is more than Rs.2lakhs (Rupees two lakhs) but was not employed by the contractor and as to
less than Rs.5 lakhs (Rupees five lakhs only). the reasonableness of the amount to be deducted on this
The technical staff should be available at site, account shall be final and binding on the contractor as to
whenever required by Engineer-in-charge to take the amount and the contractor's liability to pay the said
instructions. amount.
In case the contractor fails to employ the
III. For Electrical Works:
technical staff as aforesaid, he shall be liable to pay a
reasonable amount not exceeding a sum ofRs.3,OOO/ -
(Rupees three thousand only) for each month of default The Contractor shall employ the following
in the case of Graduate Engineer and Rs.I ,500/ - technical staff during the execution of this work.
(Rupees One thousand and five hundred only) for each (i) One qualified Graduate Engineer possessing
month of default in the case of qualified Diploma Holder a Degree from a recognised University
(overseer). in Electrical Engineering and having
The decision of the Engineer-in-charge as experience of
to the period for which the required technical staff was not less than 3 years or a Diploma holder in
not employed by the contractor and as to the Electrical Engineering with not less than 7 years
reasonableness of the amount to be deducted on this experience when the tendered cost of the work to be
account shall be final and binding on the contractor as to executed is more than RS.l.5 lakhs (Rupees one lakh and
the amount and the contractor's liability to pay thesaiq fifty thousand only).
amount. (ii) One qualified Diploma Holder (overseer) in
Electrical Engineering and having experience of
1. There shall be no objection if an not less than 3 years or a Graduate Engineer in Electrical
Engineer, Overseer looks after more than one work Engineering with 2 years experience, when the tendered
provided the total value of works under him does not cost of the work to be executed is more than Rs.75,OOO
exceed Rs.20 lakhs in case of an Engineer and Rs.IO (Rupees Seventy five thousand only) but less than Rs.I.5
lakl1sin case of an overseer. lakhs (Rupees one lakh and fifty thousands only).
2. It is not necessary for a contractor
. or a partner in case of firm/company who is himself an (iii) One qualified Diploma Holder (Overseer)
Engineer/Overseer to employ another Engineer/ in Electrical Engineering and having experience of not
Overseer for the supervision of the works so long as the less than 3 years, when the tendered cost of work to be
contractors/partners do work similar to that have executed is more than Rs.37,OOO/(Rupees thirty seven
been'done by an employed Engineer/Overseer. thousand only) but not less than Rs.75,OOO/- (Rupees
65
3. The employment of technical staff Seven five thousand only).
may be related to the tendered cost.
(iv) One licensed supervisor having experience
4. A retired Engineer/Assistant of not less than 3 years, when the tendered cost of the
Engineer who is holding diploma may be treated at par work to be executed in more that Rs.7,500 (Rupees
with graduate Engineer for operation ofthe above seven thousand and five hundred only) but less than
Clause. Rs.37,OOO/- (Rupees thirty seven thousand only):
II. For Sanitary & Water Supply The technical staff should be available at site,
whenever required by Engineer-in-charge to take
Works: instruction.
The contractor shall employ the following In case the contractor fails to employ the
technical staff during the e.xecution of this work: technical staff as aforesaid he shall be liable to pay
(i) One qualified diploma holder reasonable amount not exceeding the amount shown
(overseer) with an experi_nce of not less than 5 years, below against each for each month of default :
out of which atleast one year should be in sanitary
(a) In case where Graduate Engineer (E) is
engineering of water supply works, when tendered cost
required to be employed Rs.3,OOO/- (Rupees three
of work to be executed is more than Rs.50,000/(Rupees thousand only).
Fifty thousand only)
to the condition together wjth an necessary information
(b) In case where qualified Diploma Holder
relating thereto.
Overseer in Electrical Engineering is required to be
employed Rs.l ,500/- (Rupess one thousand and five CLAUSE 39 : Without prejudice to any of the
hundred only). rights or remidies under the contract if the contractor
dies, the Divisional Officer on behalf of the BSNL shall
(c) In case where a licenced supervisor to have the option of terminating the contract without
required to be employed Rs.750/- (Rupees seven compensation to the contractor.
hundred and fifty only). .
CLAUSE 40 : The contractor shall not be
The decision of the Engineer-in-charge as to
permitted to tender for works in the BSNL/Postal/ Civil
the period for which the required technical staff was not
or Elect. Circle (Responsible for award and execution
employed by the contractor and as to the reasonableness
job contracts) in which his near relative is posted as
of the amount to be deducted on this account shan be
Divisional Accountant or as an officer in any capacity
final and binding on the contractor as to the amount and between the grades of the Superintending Engineer and
the contractor's liability to pay and the said amount. Asst. Engineer (both inclusive). He shall also intimate
CLAUSE 36A: The contractor shall comply the names of persons who are working with him in any
with provisions of the Apprentice Act 1961 and the capacity or are subsequently employed by him and who
Rules and Order issued thereunder trom time to time. If are near relatives to any gazetted Officer in the
he fails to do so, his failure will be a breach of contract BSNL/Postal/ Civil or Elect. Wing. Any breach of this
and the Superintending Engineer may, in his descretion condition by the contractor would render him liable to be
cancel the contract. The contractors shall also be liable removed trom the approved list of contractors.
for any pecuniary liability arising on account of any Note: By the terms "near relative" is meant
violation by him of the provision of the Act". wife, husband, parents and grand parents; children and
grand children, brothers and sister, uncles, aunts and
CLAUSE 37: The whole work may be split up cousins and their corresponding in laws.
between two or three contractors or accepted in part and
not in entirely, if considered expedient.
CLAUSE 41 : No Engineer of gazetted rank or
CLAUSE 38(i) : Sales tax or any other tax on other gazetted officer employed in Engineering or
materials in respect of this contract shall be'payable by administrative duties in an Engineering Department of
66
contractor and BSNL shall not entertain any claim the BSNL is allowed to work as a contractor for a period
whatsoever in this respect. of two years of his retirement from BSNL service
CLAUSE 38(ii): Ifpursuantto or under any law without the previous permission of BSNL. This contract
such notification or order any royalty, cess fee or the like is liable to be cancelled if either the contractor or any of
become payable by the Govt. ofIndia and does not at any his employee is found at any time to be such a person
time become payable by the contractor to the State who had not obtained the permission ofBSNL as
GovtlLocal Authorities in respect of any material used aforesaid, before submission of the tender or engatement
by the contractor on the works there in such a case, if in the contractor's service as the case may be.
shall be lawful to the Govt. of India and it will have the
right and be entitled to recover the amount paid in the CLAUSE 42 (i) : The contractor shall see that
circumstances as aforesaid from the dues of the only the required quantities of materials are got issued.
contractor. Any such materials remaining unused and in perfectly
good condition at the time of completion or
determination ofthe contract shall be returned to the
CLAUSE 38(iii) : The tendered rates are Engineer-in-charge at a place where directed by him,
inclusive of all taxes and levies payable under the ifby a notice in writing under his hand he shall so
re.spective statues. However, pursuant to the require, credit for such material will be given at the
Constitution (Forty Sixth Amendment) Act 1982, if prevailing market rate not exceeding the amount charged
any further tax ofIevy is imposed by Statue after the date from him, excluding the storage charges levied at the
of receipt of tender and the contractors thereupon time of issue of materials to him. The contractor shall
necessarily and properly pays such taxes/ levies the also not be entitled to cartage and incidental charges for
contractor shall be reimbursed the amount so paid, returning the surplus materials from and to the stores
provided such payment if any, is not, in the opinion of wherefrom they were issued.
Superintending Engineer (whose decision shall be final
and binding) attiributable to delay in execution of work
within the control of the contractor.
(ii) After the completion of the work, the theoretical
The contractor shall, keep necessary books of quantity of cement to be used on works shall be
account and other documents for the purpose of this calculated on the basis of Theoretical statements
condition as may be necessary and shall allow inspection showIng quantities for cement to be used in different
of the same by duly authorised representative ofBSNL & items of work provided in theDelhi Schedule of Rates,
further shall furnish such other information/documents printed by CPWD. In case any item is executed for
as the Engineer-in-charge may require. 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
The contractor shall within a period of 30 days to be laid down by the superintending Engineer of the
of imposition of any further tax or levy, pursuant to the concerned circle. Over this theoretical quantity of
constitution (Forty Sixth Amendment) Act 1982, give a cement shall be allowed a variation up to 3% plus/minus
written notice thereof to the Engineer-in-charge that the for works
same is given pursuant
contractor and the theoretical quantity including the above
the estimated cost of which as put to tender is not more mentioned authorised variation, if not returned by the
than Rs.5 lakhs; and upto 2% plus/minus for works the contractor shall be recovered at twice the issue rate including
estimated cost of which put to tender is above Rs.5 storage charges without prejudice to the relevant conditions in
lakhs. The difference in the quantity of cement actually the agrt;.ements regarding return of materials. In the event of it
issued to the contractor and theoretical quantity being discovered that the quantity of bitumen used by the
including authorised variations, if not returned by the contractor is less than the quantity calculated in the manner
contractor shall be recovered at twice the issue rate aforesaid, there shall be no recovery for less use of bitumen.
without prejudice to the provision of the relevant The agreement which provides for supply of bitumen at a fixed
conditions regarding return of materials governing the rate, the value of price of the difference in the quantity of
contract. In the event of it being discovered that the bitumen actually issued to the contractor and the theoretical
quantity of cement used is less than the quantity quantity including the above mentioned authorised variation, if
ascertained as herein before provided (allowing variation not returned by the contractor, shall be recovered at twice the
on the minus side as stipulated above) the cost of the issue rate of bitumen including storage charges thereof without
67
quantity of cement not so used shall be recovered trom prejudice to the relevant conditions in the agreements
the contractor on the basis of stipulated issue rate plan regarding return of materials governing the contract. In the
cartage to site. event of it being discovered that the quantity of bitumen used
by the contractor is less than the quantity calculated in the
manner aforesaid (no variation on the lower side shall be
(iii) The provision of foregoing sub clause allowed), the cost of the quantity of bitumen not so used shall
shall apply Mutatis Mutandis in the case of steel be recovered trom the contractor on the basis of stipulated
reinforcement of structural steel section ( each diametre issue rate plus cartage thereofupto site.
section or category shall be considered separately except
that the theoritical quantity of steel shall be taken as the
quantity required as per design or as authorised by the
Engineer-in-charge including authorised lappages, plus (vi) The provisions made above are with out
3% wastage due to cutting into pieces. Over this prejudice to the right of the BSNL to take
theoretical quantity 2% plus/ minus shall be allowed as action against the contractor under the
variation due to wastage being more or less. conditions ?f the contract for not doing the work
according to the prescribed specification.
(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 CLAUSE 43: The work (whether fully
in the various items of work shall be calculated on the constructed or not) and ali materials, machines, tools and
basis of the measurements recorded in the Measurement plants, scaffolding, temporary buildings and other things
Books for purpose of payment and for assessing the connected therewith shall be at the risk ofthe contractor
consumption of materials used in work. Over the until the work has been delivered to the Engineer-in-
quantity of variation of 5% plus shall be allowed for charge and a certificate trom him to that effect obtained.
wastage of materials during the execution in case of In the event of the work or any materials properly
brought to the site for incorporation in the work being
cables (other than underground cables) wires, conduit
damaged or destroyed in consequence on hostiles or war
pipes, G.I. Pipes and 10% plus in case of G.l.!M.S.
like operations, the contractor shall when ordered in
Sheets. The difference in quantity of
writing by the Engineer-in-charge, remove any debris
material actually issued to the contractor and the
trom the site, collect and properly stack or remove in
quantity recorded in the Measurement Book including
store all serviceable materials salvaged trom the
authorised variation as stated above if not returned by
damaged work and shall be paid at the contract rates in
the contractor shall be recovered at twice the issue rate
accordance with the provision of this agreement for the
including storage charges and cartage to site without work of clearing the site of debris, stacking or removal
prejudice to the provisions of the relevant conditions of serviceable materials and for the reconstruction of all
regarding return of the materials governing the contract. works ordered by the Engineerin-charge, such payments
This should be applicable to the contracts for Electrical being in addition to compensation upto the value ofthe
Works only. work originally executed before being damaged or
destroyed and not paid for, in case of work damaged or
(v) After the completion of the work, destroyed but not already measured and paid for the
theoretical quantity of bitumen to be used on works shall compensation shall be assessed by the Divisional Officer
be calculated on the basis ofCPWD's statement showing upto Rs.5,000 and by the Superintending Engineer
quantities of bitumen to be used in different items of concerned for a higher amount. The contractor shall be
work provided in the Delhi Schedule of Rates or in paid for the damages/destruction suffered and for the
respect of agreement which do not provide for or restoring the materials at the rates based on the analysis
authorised application of Delhi Schedule of Rates the of rates tendered for in accordance with the provisions of
theoretical quantity of bitumen' to be used in works shall this agreement. The certificate of the Engineer-in-charge
be calculated on the basis of standard formula as laid regarding the quality and quantity of materials and the
down by Superintending Engineer of the concerned purpose for which they were collected shall be final and
circle. Over the said theoretical quantity of bitumen, a binding on all parties to this contract.
variation upto plus (excess) (2Yz%) shall be allowed.
The agreement which provide for free supply of
bitumen the value of price of the difference in the
68
quantity of bitumen actually issued to the
CLAUSE 45: The Contractor shall comply with
Provided always that no compensation shall be the provisions of the Apprentices Act 1961 and the rules
payable for any loss in consequence ofhostilities or war- and orders issued thereunder from time to time. if he
like operation (a) unless the contractor had taken all such fails to do so, his failure will be a breach of the contract
Precaution against All Raids as are deemed necessary by and, the superintending Engineer may, at his discretion,
the A.R.P. officers or the Engineer-in-charge. (b) for any cancel the contract. The contractor shall also to liable for
materials etc. not on the site of the work or for any tools any pecunary liability arising on account of any
and plants, machinery, scaffolding temporary buildings violation by him of the provisions of the Act. .
and other things not intended for the work.
CLAUSE 46 : The percentage referred to at
In the event ofthe contractor having to carry out page ....... ,.. of the tender will be deducted from/added
reconstruction as aforesaid, he shall be allowed such to the grOss amount of the bills for work done. Security
extension of time for its completion as is considered deposit should not be returned till the clearance
reasonable by the Divisional Officer. certificate, from the Labour Office is obtained by the
CLAUSE 44: The security Deposit should not contractor.
be refunded till labour clearance certificate from the
labour officer is obtained by the contractor.
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
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_
69
Sub Divisional Officer.
Signature of ........... .....................................
Divisional Officer.
FORAND ON BEHALF OF B.S.N.L.
D.O. I Contr.
AD_mONALCONDmONNO.l
CONDmONSFORISSUE OF MATERIALS (b) Issue of steel of diametre above 10mm will
be regulated on sectional weight basis, weight being
calculated with the help of the above tables. However,
(1), The materials will be issued from
the bars M.S. Tor Steel upto and including I Omm the
""""""""""""""""""""""""""""""""""""""'" stores following procedure shaH be adopted. The average
sectional weight for each diametre shall be
,....................... . arrived at ITom samples ITom each lot of steel received at site.
The actual weight of steel issued shall be modified to take into
The contractor shall bear th_ cost of cartage,
account the variations between the actual and the standard
breakage and wastage :trom the stgres to the site of
coefficients given above & the contractors account will be
works as also watch and ward at site or work.
debited by the cost of this modified quantity only. The
(2) The contractor shall be responsible for the discretion of the Engineer-in-charge shall be fmal for the
safe custody of or damage of materials issued to him. procedure to be allowed for determining the average sectional
weight of each lot. Quantity of each diametre of steel received
(3) The steel Bars and other materials will be issued at site of work each day will constitute one single lot for this
in available sizes and shapes and or in coils and the contractors purpose.
shall bear the cost of cutting and straightening according to the
requirement of the work and shall bear the cost of cartage and
wastage. ADDITIONAL CONDITIONS NO. 22
(4) The rates of materials are incl_sive of percentage
storage charges.
I. The rates for different items of works shall apply
(5) Cement bags shall be stocked by the contractor
for all heights and depths unless otherwise specified. Nothing
in separate Godown having weather proof roof and wall and on
shall be paid for bailing out of water if met with.
a proper floor consisting of 2 layers of dry bricks laid on wall
consolidated earth at a level atleast one foot above the ground 2. The contractor must get acquainted with the
proposed site for works and, study specifications and
level. These'
conditions carefully before tendering. The work shall be
stocks shall be in rows of two bags deep and 20 bags high with
executed as per the programme drawn by the Engineer-in-
a minimum of2'0" clear space all round. The bags should be
charge.
placed horizontally continuous in each Ii_es asshown in the
accompanying sketch. 3. Any damage done by the contractor to any
(6) Cement shall be kept under double lock system existing work during the course of execution of the work
in godown fixed with one door. The key of the lock shall tendered for shall be made good by him at his own cost.
remain with the representative of the Engineer-in-charge, at the
site of work and that of the other with the contractor or his 4. The contractor shall materials in good condition
70
authorised agent. Day to day issue account of cement shall be all work during execution till completion of entire work
maintained by the Junior Engineer/Officer-in-Charge on the allotted to him.
prescribed register and signed by the contractor or, his 5. He shall cause the site to be cleared thoroughly of
authorised agent. rubbish, scaffolding materials etc. before the stipulated date of
completion of the work.
(7) The contractor shall construct suitable godown at 6. Royalty at the prevalent rates shall have to be paid
the site of works for storing the materials safe against damage by the contractor on all the boulders, metal, shingle, sand and
of sun, rain, dampness, fire, theft etc. at his own cost. bajiri etc., collected by him for the execution of the work direct
to the Revenue Authority
(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. Superintending Engineer. If these materials are not
(10) The contractor has to employ sufficient labour required by them, they will be disposed off to the best
at his cost for measurement of steel bars issued to him at the advantage ofBSNL.
BSNL stores. ADDITIONAL CONDITION NO.6
Delav in obtaininl! materials bv the BSNL :
(11) The following condition shall apply as an
Owing to difficulty in obtaining certain
additional condition under general conditions in tender
materials in the open market the BSNL have
documents.
undertaken to supply materials specified on page of the
tender form at rates stated therein. There may be delay in
(a) The Standard sectional weights referred to obtaining the materials by the BSNL and the
as standard tables in para 5-3 3, in specifications for . contractor is, therefore required to keep himself in touch
works, 1977 VoU to be considered for conversion with the day t() day position regarding the supply of
ofIength of various sized of M.S. bars and Tor Steel bars materials trom the Engineer-in-charge and to so adjust
into weight are as under: the progress of the work that their labour may not
remain idle nor may there by an other claim due to or
of the State Government concerned. 'No Demand arising trom delay in obtaining the materials. It should
Certificate' trom the State Authority concerned shall be be clearly understood that no claim whatsoever shall be
obtained before the fmal bills is paid, failing which entertained by the BSNL on account of delay in
recovery will be effected trom him at the prevalent supplying materials.
market rates.
7. The contractor shall take all precautions to ADDITIONAL CONDITION NO.7
avoid all accidents by exhibiting necessary caution
The contractor shall have to deposit the
boards day and night, speed limit 'boards, red flags, red
approved paints of required colour and shades as per
lights and providipg barriers. He ,shall be responsible for
actual requirements of the work to be done with the
all damages and accidents caused due to negligence on
Engineer-in-charge at his BSNL store at the site . of
his part. No hindrance shall be caused to traffic during
the execution of work. work.
ADDITIONAL CONDITION NO.8
8. The contractor wilfhave to work as per
programme drawn by the Engineer-in-charge. No claim The contractor shall be responsible for the
whatsoever will be entertained on this account. water proffness of the roof for one full monsoon season
after the date of completion. He shall rectify the defect
9. The work shall be carried out in a manner noticed after due intimating in writing is given by the
complying in all respects with the requirement of Engineer-in-charge failing which Engineer-in-charge
relevant by laws oflocal authority of the plan. shall get the defects repaired at the contractor's risk and
71
10. For items pertaining to the building work Cost.
the specification detailed under relevant sub-heads for
ADDITIONAL CONDITION NO.9
building work shall be followed.
II. Cement or cement lime mortars: The mixing
"Water supplv and Sanitary work"
of mortars shall be done in mechanical mixer operated
manually or by power. The contractor shall engage licenced plumber, for the
work and get the materials tested by the Municipal
ADDITIONAL CONDITION NO.3 authorities whenever required at their own cost. The
work shall be carried out according to the Municipal by-
The site for disposal of surplus excavated earth laws and .the contractor shan produce necessary
should be indicated in the first instance. This may be certificate from Municipal authorities after completion
done after assessing the requirements of other BSNL of work.
work etc. Incase this is not possible then the contractor
may be allowed to dispose of the surplus earth on his ADDITIONAL CONDITION NO.1 0
own and a condition may be inserted in the agreement
that the contractor will be permitted to sell the surplus The contractor shall have to deposit water
earth. Executive Engineer may assess the position and proofing compound for item mentioned as per the actual
introduce suitable condition in the NIT accordingly. requirements for the water proofing job with the
ADDITIONAL CONDITION NO.4 Engineer-in-charge at his BSNL stores at the site
ofwork.
_.
The water proofmg compound will be issued to the
Samples of typical portions of work repetitive contractor trom time to time according to his requirements for
, the work in the same manner as the issue of materials
nature such as typical room, toilet room, staircase stipulated to be issued.
corridor, lot by and entrance hall or any other work ADDITIONAL CONDITION NO. 11
desired by Engineer-in-charge shall be prepared by the Inconvenience to public
Contractor under the direction and to the satisfaction
ofEngineer-in-charge and got approved trom the The contractor shall not deposit materials on any site
Engineer-in-charge in writing before the commencement which will seriously inconvenience the public. The
of these items for the entire work. Engineer-in-charge may require the
encroachments costs of restoration etc. and all other fees
The work shall be so arranged to be carried out payable to the local authorities.
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 ADDmONAL CONDITION NO.19
claims of any kind whatsoever including the claims of
extension of time will be entertained due to the ,
incorporation of this requirement. Where surplus earth of a suitable quality exists at the
site of work the contractor shall be allowed to use the same
ADDITIONAL CONDITION NO.5 free of cost making mudmortars, for masonary and laying and
The contractors, in course of their work/ terracing over the roof. The Engineer-in-charge shall be the
should understand that all materials (eg. stone and other final authority to decide whether the earth obtained from
materials) obtained in the work of dismantling excavating is surplus or not.
excavation etc., will be considered BSNL property and
issued to the contractor (ifthey require the same for their
own use) at rates approved by the ADDITIONAL CONDITION NO.20
contractor to remove any materials which are considered
by him to be a danger or inconvenience to the Public or Concrete will be mixed with mixers either
cause them to be removed at the contractor's cost. operated by hand or mechanical.
72
ADDITIONAL CONDITION NO.12 ADDITIONAL CONDITION NO.21
Any damage to work resultin_ from rains or from The contractor shall not employ women and men
any other cause until the work is taken over by the BSNL after below the age of 18 on the work of painting with products
completion will be made good by the Contractor at his own containing lead, in any form wherever men above the age of 18
cost. are employed on the work of lead painting, the following
principles must' be observed for such use.
ADDITIONALCONDITIONNO.13 (a) White lead, Sulphate or lead of pro ducts
containing these pigments shall not be used in painting
The contractor shall deposit royalty and obtain
operation except in the form of paste or of paint ready for use.
necessary permit for supply of red Bajiri stone kankar
etc, from local authorities.
(b) Measures shall be taken in order to prevent
danger arising from application of paint in the form
ADDITIONAL CONDITION NO. 14
of spray.
The contractor shall get himself acquainted with the
nature and extent of the work and satisfy himself about the
(c) Measures shall be taken wherever
availability of quarry and of kiln for collection and conveyance
practiceable against danger arising from dust caused by
of materials required for the construction. The contractor's
dry rubbing down and scrapping.
quoted rate should take into account all these factors and will
not be allowed any extra lead for collection and conveyance of
(d) Adequate facilities shall be provided to
materials for any reason whatsoever.
enable working painters to wash during and on cessation
of work.
ADDITIONAL CONDITION NO.IS
(e) Overalls shall be worn by working painters
Security deposit should not be paid till during whole of the working period.
clearance certificate from labour officer is obtained
by the contractor. (t) Suitable arrangements shall be made to
prevent clothing put off during working hours being
ADDITIONAL CONDITION NO.16 soiled by painting materials.
The contractor will be permitted to set up (g) Cases of lead poisoning and suspected lead
Labour camp only before a week from the poisoning shall be notified and shall be subsequently
commencement of work and not exceeding fifteen days verified bya medical team appointed by the competent
after the completion ofthe work. authority of the BSNL.
(h) The BSNL may require, when necessary, a
ADDmONALCONDITIONNO.17 medical examination of workers.
Cooly camps shall not be erected at the site of the
work nor any labour shall be allowed to live at site. Cooly (i) Instructions with regard to the special
camps should be erected only on one of hygenic precaution to be taken in the painting trade
the sites set apart for this purpose. This site shall be taken on .shall be distributed to working painters. .
lease by the contractor and in additiori 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.
73
- 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
SPECIALCONDITIONS
ADDITIONALCONDITIONFOR NON- (a) In case of temporary water connection
RESIDENTIAL BUILDINGS: from Municipal main:
Water charges and sewerage charges (incidential to
Samples of typical portions of work of water used for construction purposes)
repetative nature such as typical room, toilet room,
have to be borne by the Contractor/Agency. .
staircase, corridor, lobby and entrance hall of any other
works desired by Engineer-in-charge shaIl be prepared (b) Water used from other sources.
by the contractor under the directions to the satisfaction
of Engineer-in-charge and get approved from the Prior permission for using for the construction
Engineer-in-charge writing before the commencement of purposes has to be obtained from Municipal
these items for the entire work. Corporation/Local Bodies by the.
The work shaIl be so arranged to be carried out Contractors/Agency. Water charges Sewerage charges if
that these requirements are observed and fulfiIled with any, and other charges for use of water from other
out any decriments to the general progress of work. In sources for Construction purposes have to be borne by
other words, this will not be aIlowedto have any effect the contractors/Agency.
on the general progress of work or any of the terms on 3. FOR FLOOR LEVELS OF TECHNICAL
and conditions of the contract No claim of extension of ROOMS:
time will be entertained due to the incorporation ofthis
requirement. The floor of technical rooms in the Auto
Exchange building shall be provided in such a way that
SPECIAL CONDITION FOR RESIDENTIAL the following limits would not be exceeded:
QUARTERS : (a) "f.he levels at any place when checked over
The contractor shall put up one sample quarter or each a distance of one metre in any direction shaIl not show
type complete in all respects according to the directions variation in floor level in excess of3 mm.
of the Engineer-in-charge within a period 0£'90 days
from the date of commencement of the work failing (b) The levels if checked over a distance of 4
which the Engineer-in-charge shaIl have the power to metres in any direction shaIl not be found to exceed
levy penalty/compensation at the rate of Rs.50/- per day 5mm.
till the sample quarters are complete. In the meanwhile
the structural and other cladding works in other parts (c) The maximum permissible variation in the levels
ofthe structure may be continued. The contractor shall be at any two points in the same room shaIl not be more than
required to incorporate such modifications that may be 8mm. .
found necessary by the Engineer-in-charge during the
The above specifications are additional to the normal
course of inspection and approval of the sample quarters
specifications for flooring as laid in the CPWD specifications
of each type. The sample quarters shall be part of the
1977 VoLI.
main lot of construction. After carrying out the
amendments the approved sample quarters shall be
74
retained. No extra claim or extra payment over and In cases where technical rooms are located in
above admissible under the agreement whatsoever shall ground floor directly over the plinth filling, the laying of
be payable to the contractor on account of making and lean concrete to under floors should be properly done
getting approved sample quaters as above. and controIled in such a way that the final finished floor
levels will satisfY the above said requirements.
Further finishing work shaIl be carried out
4. FOR WATERPROOFING TREATMENT
accordingly or as desired by Engineer-in-charge only after the
sample quarters have been approved in writing by the
GUARANTEE TO BE EXECUTED BY
Engineer-in-charge.
CONTRACTORS FOR REMOVAL OF DEFECTS
The work shall be so arranged to be carried out that AFTER COMPLETION OF WATER PROOFING
these requirements are observed and fulfiIled without any WORKS:
decriment to the general progress of work in other words this
wiIl not be all owed to have any effect on the general progress This agreement made this______________________________
of work or any of the terms and conditions of the contract day of two ____________________________________
. thousand and between ___________________________
of ___________________________________________
Conditions regarding the payment of water Charges,
Sewerage Charge, etc. in connection with the Water used for of ____________ (herein-after called the
construction purpose: Guarantor of the one part) and the BSNL (hereinafter
caIled the BSNL of other part).
Both the water charges (if any) plus sewerage WHEREAS THIS agreement is supplementary
charges, incidential to water used for construction to a contract (hereinafter called the contract) dated
purposes shaIl have to be borne by the .............................................and made between the
Contractors/Agency under the foIlowing cases. GUARANTOR of the one part and the B,SNL of the
other part hereby the contractor interalia, under took
of the notice trom the Engineer-in-charge calling upon
to render the buildings and structures in the said contract
him to rectify the defects failing which the work shal1
recited completely water leak-proof. be got done by the BSNL by someother contractor at
AND WHEREAS THE GUARANTOR agree the GUARANTOR'S cost and risk. The decision of the
to give a guarantee to the effect that the said a structures Engineer-in-charge as to the cost, payable by the
will remain water and leak proof for. TEN years from Guarantor shall be final and binding.
the date of giving of water proofing treatment. That if the Guarantor fails to execute the water
proofing or commits breach thereunder then the
NOW THE GUARANTOR hereby guarantees guarantor will identify principal and his seccessors
that water proofing treatment given by him will render against al1 loss damage, cost expense or otherwise
the structures completely leak proof and the minimum which may be incurred by reason of any default on the
life, of each water proofing treatment shal1 be five years part of the GUARANTOR in performance and
to be reckoned trom the date after the maintenance observance of this supplementary agreement. As to the
period prescribed in the contract provided that the amount of loss and / or damage and/or cost incurred by
guarantor will not be responsible for leakage caused by the BSNL the decision of Engineer-incharge will be
earthquake or structural defects or misuse of roof or final and binding on the parties.
alteration and for such purpose. IN WITNESS where of these presents have
(a) Mouse ofroofshal1 mean any operation been executed by the de I igator
which will damage roofing treatment like chopping of ------------------------------------------------------- and by
fire wood things of the same nature which might cause ...........................................................and for and on
damage to the roof. behalf of the BSNL on the day month and year first
(b) A_teration shal1 mean construction of an above written.
additional storey or a part of the roof or construction
SIGNED, sealed and delivered by
adjoining the existing roof whereby-proofing treatment
(OBLIGATOR) in the presence of
75
removed in parts. 1
2
(c) The decision of the Engineer-in-charge with
regard to cause of leakage shal1 be final.
During this period of Guarantee the guarantor Signed for an on behalf of the BSNL by in the
presence of:
shal1 make good al1 the defects and in case of any
defect being found render the building water proofto the
satisfaction ofthe Engineer-in-charge at his cost and I.
shal1 commence the work for such rectification within 2.
seven days trom the date of issue
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 During this period of guarantee the guarantor
day of ------------------------------ on two thousand and shal1make good al1 defects and in case of
between (hereinafter called the guarantor of the one part) any defect being found render the buildings trom any
and the BSNL (hereinafter cal1ed the BSNL of the other infestation of termites to the satisfaction of the Engineer-
part) WHEREAS THIS AGREEMENT is in-charge at his own cost and shall commence the work
supplementary to a contract (hereinafter cal1ed the for such rectification within seven days trom the date of
contract dated and made between the Guarantor oftheone issue of the notice trom the Engineer-in-charge calling
part and the BSNL ON THE OTHER PART where by upon him to rectify the defects failing which the work
the contractor interalia under took to render the buldings shaIl be got done by BSNL by some other contractor at
and structures in the said contract completely tree trom the GUARANTOR'S cost and risk. The decision of the
any infestationoftermites. AND WHERE AS THE Engineer-in-charge as to the cost, payable by the
GUARANTORS agre(':d to give gurantee to the effect guarantor wil1 be final and binding. That if the
that the said structures will remain free .from any Guarantor fails to execute the antitermite
infestation of term its for a minimum period of ten years preconstruction termite or commits breach there under
from the date of completion of giving antitermite then Guarantor will indendtify the princip31 and his
preconstruction treatment. successors against all loss, dama.;e cc :;t, expense or
NOW THE GUARANTOR: hereby guarantee that the otherwise which may be incurred by him by reason of
antitermite preconstruct ion treatment by him will render any default on the part of the Guarantor in performance
the structures completely tr_e from any infestation of and observance of this supplemental agreement. As to
termites and the minimum life of such antitermite the amount of loss and or damage and or cost incurred
preconstruction period prescribed in the contract. by the BSNL the decision of the Engineer-in-charge will
be final and binding on the parties.
IN WITNESS WHEREOF these presents have been
executed by the obligator - discharges this guarantee.
and by
5.We, --further (indicate the name of. the
and for on behalf of the BSNL
Bank) agree with the BSNL that the BSNL shall have
on the day, month and year first above written Signed
the fullest liberty without our consent and without
Sealed.and delivered (Obligator) in the presence :
affecting in any manner our obligations hereunder to
SIGNED for and on behalf of the BSNL by Contractor vary any of the terms and conditions of the said
Executive Engineer. Agreement or to extend time of performance by the said
STANDARD BANK GUARANTEE BOND contractor(s) from time to time or to postpone for any
time or trom time to time any of the powers exerciseable
by the BSNL against the said contractor(s) and to for
76
In consideration of the. BSNL (hereinafter called bear or enforce any of the terms and conditions, relating
'BSNL') having agreed, "exempt to the said agreement and we shall not be relieved trom
our liability by reasons of any such variation or
------------------------------(hereinafter called "the said extension being granted to the said contractor(s) or for
contractor(s) trom the demand, under the terms and any forbearance, act or ommission on to the said
conditions of an agreement contractor(s) or by any such matter or thing whatsoever
which under the law relating to sureties would but for
No. dated ------------------ this provision, have effect of so relieving us.
made between an for
- 6. This guarantee will not be discharged due to
the work (hereinafter the change in the constitution of the Bank of the
called "the said Agreement") of security deposit for the contractor(s ).
due fulfillment by the said contractor(s) of the terms and 7. We
conditions contained in the said Agreement or under (indicate the name of the Bank) take not to revoke
production of a bank guarantee for Rs. this guarantee except with the previous consent of the
(Rupees BSNL in writing.
only). 8. This guarantee shall be val id upto
UNLESS EXTENDED on demand by
..
BSNL. Notwithstanding any thing mentioned above, our
We liability against this Guarantee is restricted
to ------------------ Rs (Rupees -
(indiCate the name of the Bank) (hereinafter referred to
-----
as the Bank") at the request of contractors) do hereby
only) and unless a claim in
undertake to pay to the BSNL amount not exceeding Rs.
writing is lodged with us within six months of the date
on
of expiry of the extended date of expiry of this
demand by BSNL.
guarantee, all our liabilities under this guarantee shall
2. We stand discharged.
do hereby (indicate the name of the Bank) undertake to
pay the amounts due and payable under this guarantee Dated the For
without any demure, merely on a demand from the
BSNL stating that the amount claimed is required to day of
meet the recoveries due or likely to be due trom the said
contractor(s). Any such demand. 20
made on the bank shall be conclusive as regards the (Indicate the name of Bank)
amount and payable by the Bank under this guarantee.
However, our liability under this guarantee shall be AFFIDAVIT
restricted to an amount not exceeding Rs. I/We have submitted a bank guarantee for
the work ------------------------------------------------------
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 ---------------------------------------------------- (name 0 f
absolute and unequivocal. work) Agreement No. dated the
from (Name of the bank with full address)
The payment so made by us under this bond
shalj, be a valid discharge of our liability for payment
TO THE EXECUTIVE
thereunder and the contractor(s) shall have no claim ./
against us for making such payment. ENGINEER'-----------------------------------
4. We (indicate the name of the Bank) further agree that
the guarantee herein contained shall remain in full force --------------------------------------------- '-- wit;h a view
and effect during the period that would be taken for the to seek exemption frompayment of security deposit in
performance of the said agreement and that it shall cash. This Bank guarantee expires on I/We undertake to
continue to be enforceable till all the dues of the BSNL keep the validity of the bank guarantee intact by getting
under or by virtue of the said agreement have been fully it extended from time to time at my/our own initiative
paid and its claims satisfied or discharged or till upto a period. of months after the recorded of
77
Engineer-in-charge on behalf of the BSNL certified that completion of the work or as directed by the Engineer-
the terms and conditions of the said Agreement have in-charge VWe also indemnify the B SNL against any
been fully and properly carried out by the said losses arising out of non-encashment of the bank
contractor(s) and accordingly guarantee, if any.
Note: This affidavit is to be given by the Executant
before a First class Magistrate
PARTICULARSPECIFICATI0NS
1. The work executed shall be measured as per These shall be of uniform deep red,cherry or
metric dimensions given in the schedule of quantities. The FPS copper col()£lr, thoroughly burn without being verified
units wherever indicated in the drawings are for guidance only. regular in shape and size and shall have sharp and square
2. The rates for every item of work to be done under
sides and edges and pare lied faces to ensure uniformly
this contract will be for all heights, depths, lengths and widths
in thickness of the courses of brick work.
of the structure. (except where specially mentioned in the item)
and nothing extra will be paid on any account.
The bricks shall be free from cracks, ships
flaws stones or lumbs of any kind; these shall not show
The rate for all items of work wherein cement appreciable sign of efforesence either dry or subsequent
is used is inclusive of charges for curing. to soaking in water.
Nothing extra shall be paid by the BSNL on any The bricks shall be sound, hard, homogeneous
account for straightening the steel bars supplied in coils or with in texture and emit a clear ringing sound on being struck.
bends. These shall have a minimum crashing strength of bricks
50 Kg/sq.cm.
The surplus excavated earth which is beyond
the requirements of BSNL works shall be disposed off
All the bricks which absorb water more than
by the contractor on his own or shall sell the surplus
20% of their own dry weight after 24 hours immersion
earth to private parties at his discretion but nothing extra
in cold water shall be rejected.
will be paid for the carriage or disposal of surplus earth
from the site of work. WOODWORK
The Portland Pozzolana cement if used in
works the following condition may be adhered to: I. The wood shall be second class Indian Teak
wood or country wood as mentioned in the relevent item
"The period that shall elapse after the concrete
ofthe schedule of quantities obtainable from approved
has been laid before easing and removal of centering and
sources.
shuttering as given in the table 4 under para 5.2,8.3 of
the CPWD specifications 1977, shall be modified to the 2. For all wooden doors and windows, whether
following extent. 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
(a) The period indicated in Table 4 shall be providing wooden cleats and blocks.
increased by 50% subject to maximum of28 days. 3. For these doors where hydaulic door closer
and provded wooden cleats need not be provided and no
(b) Note (i) shall be deleted reduction in rate shall be made for the same.
The rates quoted for centering and shuttering item shall
be inclusive of the above and no claim for keeping in The components of material labour as indicated in
position the centering and shuttering for 50% more time para 3 as subclause 10 (CC) have been predetermined as
below:
will be entertained."
(a) Material 75 percent (X)
3. The work shall be executed as per the (b) Labour 25 percent (Y)
CPWD specification 1996 Vol. I to VI with upto date Total 100 percent
correction slips in case of discrepancies between the
specifications of a particular item as indicated in the All manufactured materials used on the work shall have I.S.I.
CPWD specifications mentioned above and as indicated mark. In_case of materials for which no manufacturer has been
in the nomenclature of the item, the latter shall prevail. licensed to manufacture the materials, with ISI marking, the
materia! shall conform to the provisions of the CPWD
78
specifications of the ISI code (in the absence of CPWD
specifications for any partiCular material). In the case of non-
4. All stone aggregate, sand etc. shall be
IS I marked materials tests shall be conducted to ensure that
obtained only from quarries or other sources approved
they conform to the specifications or codes mentioned above.
by Engineer-in-charge. All materials shall be got
approved by the Engineer-in-charge before they are
actually procured and used at site. 10. All materials which are to be tested before use of
5. The grading of sand to be used for mortars the work should be procured atleast 2 months before use on the
and concrete shall be determined at the site of the work work so that enough time is available for testing them before
by the Engineer-in-charge and sand conforming to these they are actually used.
gradings ony shall be used on the work.
11. The cost of samples and all other incidents
6. Necessary washing, screeening etc. of metal chargessuch as packing, transportation to the laboratory, etc,
and sand shall be done at sites as per requirements of the shall be borne by the contractor. The testing fee, if any shall be
Engineer-in-charge. borne by the BSNL.
12. Except where specifically provided, nothing extra shall be
paid for doing RCC or centering, shuttering in columns and
7. The bricks shall be moulded with sand from brick beams where the shape is different from the usual square or
earth. The earth shall be fairly stiff when dry clay loam rectangle.
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,
graval kankar, salt petor or to other harmful salt.
17. 'Plinth level' in the schedule corresponds to
13. The rate foritem under the sub head RCC of
floor one level of specification 1977.
the schedule shall also include the cost of treating the
exposed RCC surface as follows: '1 st floor level' corresponds to floor two lcvels
'2nd floor level' corresponds to floor three levels., '3rd
floor level' corresporids to floor four levels '4th floor
Any defects like cavities, damaged edges,
honey combing etc. that emerge or removal of level' corresponds to floor five levels '5th floor level'
centering and shuttering shall be first repaired with corresponds to floor six levels
cement mortar 1: 1 (1 cement 1 fine sand). A coat of 18. 'T' IRON FRAMES M.S. sill tie I Omm dia
cement slurry at the rate of 0.5 kglsq.m shall then be M.S. bar shall be welded to the 'T' iron frame atthe
applied 011 the repaired surface which shall be slightly bottom to keep the frame in correct position. The still tie
rubbed with a corborandum to achieve a uniform surface shall be embeded in floor concrete. The rate for '1' iron
of shade to match the adjoining surface. 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
14. The contractor must associate himself with account in case of window frames. The rate shall be
a specilisedfm'nfor integral cement based water proofing inclusive of fixing the hinges to the Tiron frame with
treatment for sunked floor and on roof and get the item machine screws and the cost of M.S. socket plates and
of work done through the specialised firm, 10 years their fixing with T -iron frames required for tower bolts
guarantee in the prescribed proforma attached must be and other fittings. For the
given.\the contractor in token of his overall purpose of payments under this item only
responsibility. In addition 10% (Ten percent) of cost of length of the T-iron frames along its centre one shall be
these items shall be retained as guarantee to the measured and its weight worked out from standard
performance of the work done. tables.
However; half of this amount (with held)
Neither deduction nor extra payment shall be
shall be realised after 5 years if the performance of work
made for making holes necessary arrangements for
done is satisfactory. If any defect is noticed during the
fixing fittings.
guarantee period, it shall be rectified by the contractor
Whether T-iron frames rolled steel frames or
within seven days of receipt of notice from the Engineer-
Aluminium frames are to be fixed along RCC column,
in_charge and if not attended to, the same shall be got
79
done by another agency at the risk and cost of the the fixing shall be done with dash fasteners 'CH' type of
contractor. approved size (3/8"x2/2" long 'BD' type 5116"x2.7/8"
The work shaH be get done from only long) counter sunk headvarient including fastener's
approved standard specialist firms in this field firms of shields and drawing the expander nails with hammer etc.
which are given below: complete. In lieuofM. S. lugs nothing extra shall be
1. M/s.lndia Water proofingCo. payable on account of the above alternative. .'
Rihit Chamber, 3rd floor, 19. The contractor shall at his own expense and
Gogast Fort, Bombay-I. without expense and without extra charge make
2. M/s.Hindustan Water Proofing Co., E-60, Greem provision for all shoring pumping dredging, or bailing
Park, out water if found necessary. The foundation trenches
New Delhi-l 10016. shall be kept free from water while all the work below
M/s.Mech-AiTideWater proofing Co., A-4, ground level are in progress.
Jairemeshwar Society,
20. All steel doors windows & ventilators shall
S.Y. Road, Geregaon West,
be according to the architectual drawings and the rate
Bombay-400 052.
quoted by the tendyrer shall include the cost of all
Overseas Water Proofing Corpn.
component parts vide para 10. of central P. W.D.
boldota Bhavan, 2nd floor, P.B. No:719, Queen Road,
Specifications Vol 1 1977. In case of composite steel
Bombay-400 020.
windows, the rates for fixed windows and openable
M/s.New Asia Company (Bangalore), F.Rahdman Abdul
windows shall be applicable to the fixed and openable
Sakoor Bldg. 1 st Floor, Near Post Office Madivala
- areas in the composite windows respectively and
Extension, Bangalore-560 068.
nothjng extra shall be payable for coupling sections such
15. The architectural drawing based on which the work as Ipullions and transums. The openable area in
is to be executed are available with the Executive composite windows, shall be measured as the clear
Enginer, - Division opening of openable shutters.
-------------------------and can be inspected by the
21. The sanitary water supply and drainage
prospectivetenders upto the date of receipt of tenders at
pipes and fittings and other materials shall be of
his officeduring working hours.
approved quality and shall conform the relevant
specifications of CPWD specification for works at Delhi
16. Before receiving final payment for the work the
1977 volume n.
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 For the execution of water supply and drainage
the first monsoon after the completion of the work and items, the contractor should employ a licenced plumber.
for this purpose part of the Security Deposit whict may
be deemed reasonable by the Engineer-iri-charge shall (EXECUTIVE ENGINEER)
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.
Safety Code
SAFETY CODE: (vi) Excavation and Trenching ............................. All
trenches 1.2m (4 feet) or more, in depth, shall at all
(i) Suitable scaffolds should be provided for times be supplied with at least one ladder for each 30m.
workmen for all works that cannot safely be done from (100 feet) in length or fraction thereof. Ladder shall be
the ground, or from solid construction except such short extended from bottom of the trench at least 90 cm (3
period work as can be done safely from feet) above the surface of the ground. The side of the
trenches which are 15m (5 feet) or more in depth shall
ladders. When a ladder is used an extra be stepped back to give suitable slope or securely held
mazdoor by timer bracing, so as to avoid the danger of sides to
,.
shall be engaged for holding the ladder and if the ladder collapse. The excavated materials
is used for carrying materials as well, suitable footholds , shall not be placed within 1.5 m(5 feet) of the edges, of
andhandholds shall be provided on the ladder and the the trench or half of the depth of the trench whichever is
80
ladder shall be given an inclination not steeper than more. Cutting shall be done from top to bottom. Under
1/4to 1 (114 horizontal and 1 no circumstances undermining or undercutting'shall be
vertical). done.
(vii) Demolition - Before any demolition
(ii) Scaffolding or staging more then 3.6m (12
work is commenced and also during the process of the
feet) above the ground or floor, swung or suspended
work:
from an overhead support or erected with stationary
support shall have a guard rail properly attached or
(a) All roads and open areas adjacent to the work
bolted braced and otherwise secured at least 90cm. (3
side shall either be closed or suitably protected.
feet) high above the floor or platform of such
scaffoldings or staging and extending along (b) No electric cable or appra_us which is liable to
.the entire length of the outside and ends thereof with be a source of danger over a cable or appratus used by the
only such opening as may be necessary for the delivery operator sball .remain electrically charged.
of materials. Such scaffolding of staging shall be so
fastened as to prevent it from swaying from the _uilding
or structure. (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
(iii) Working platform, gangways, and buildings shall be so ever loaded with debris or materials
stairways should be so constructed that they should not as to render it unsafe.
sag undul)!,or uQequally, and if the height of the
platform or the gangway or the stairway is more (vi-iij All necessary personal safety equipment
than 3.6m(12 feet) above ground level or floor level as considered adequate by the Engineer-in-charge should
\ be kept available for the use of the person employed on
they should be closely boarded, should have the site and maintained in a condition suitable for
adequate width and should be suitably fastened as immediate use, and the contractor should take adequate
described in (ii) above. steps to ensure proper use of equipment by those
concerned.
(iv) Every opening in the floor of a building or
in a working platform be provided with suitable means (a) Workers employed or mixing asphaltic
to preventthe fall of persons or materials by providing materials, cement and lime mortars shall be provided
suitable fencing or railing whose minimum height shall with protective footwear and protective goggles.
be 90cm (3 feet).
. (v) S(ife means of access shall be provided (b) Those engaged in white washing and
to all working platforms and other -working places. mixing and stacking of cement bags or any material
Every ladder shall be security fixed. No portable single which is injurious to the eyes should be provided with
ladder shall be over 9m. (30 feet) in length while the protective goggles.
width between side rails in rug ladder shall in no case be (c) Those engaged in welding works shall be
less than 29cm. (1 1 Yz") for ladder upto and including provided with welder's protective eye sight lids.
3m. (10 feet) in length. For longer ladders this width
should be increased at least W' for each additional30,cm.
(1 feet) in length. Uniform step spacing shall not exceed (d) Stone breakers shall provided with
33 cm (12"). Adequate precaution shall be taken to protective goggles and protective clothing and seated at
prevent danger from electrical equipment. No materials sufficiently safe intervals.
on any of the sites of work shall be so stacked or placed
(e) When workers are employed in sewers and
as to cause danger or inconvenience to any person or the
manholes, which are in active use, the contractors shall
public. The contractor shall provide all necessary
ensure that the following safety measures are adherd to :
fencing and lights to protect the public from accident,
and shall be bound to bear the expenses of defence of
every suit, action or other proceedings at law that may (i) Entry for workers into the line shall not; be
be brought by any persons for injury sustained owing to allowed except under the supervision of the, JE or any ',
neglect of the above precautions and to pay and damages other Officer.
and cost which may be awarded in any such person or (ii)At least 5 to 6 manholes upstream and downstream
which, may with the consent of the contractor, be paid to should be kept open for at least 2 to 3
compromise any claim by any such person.
81
hours before any man is allowed to enter into these (xv) If a man has received a physical injury he
manhole forworkinginside. should be brought out by the seWer immediately and
adequate medical aid should be provided by him.
(iii) Before entry presence of Toxic gases
should be tested by inserting wet lead acetate paper, (xvi) The extentto.which these precautions
which changes colour in the presence of such gases and
are to be taken depend on individual situation
indication of their presence.
but. the decision of the 'Engineer-inccharge regarding
the' steps in this regard to be taken in all individual case
(iv) Presence of Oxygen should be verified by will be fmal.
lowering a detector lamp into the manhole in case no
oxygen is found inside the sewer line, workers should be
(f) The contractor shall not employ men below
sent only with ,Oxygen kit.
the age 18 years and women on the work of
(v) Safety belt with rope should be provided to painting with products containing lead in any form.
the workers. . While working inside the manhole Wherever men a)Jove the age of 18 are employed on the
such rope should be handled by two men standing work oflead painting, the folJowing precautions should
outside to enable him to be pulled out during emergency. be taken.
(i) No paint containing lead or lead product!t
(vi) Th\.- area should be barricaded or cordened shall be used except in the form of paste or readymade
of by suitable means to avoid mishaps of any kind. paint.
Proper warning signs should be displayed for the safety
of the public whenever cleaning works are under taken (ii) Suitable face masks should be supplied for
during night or day. use by the workers when paint is applied in the form of
spray or a surface having lead painting dry rubbed and
(vii) No smoking or open flames be allowed
scrapped. .
near the blacked manhole being cleaned.
(iii) .Overa]]s sha]] be supplied by the
(viii) The malba obtained on account of contractors to the workmen and adequate facilities shall
cleaning of blacked manhole and sewer lines should be be provided to enable the working painters to wash
immediately removed to avoid accidents on account of during the cessation of work.
slippery nature of the malba.
(ix) Workers should not be allowed to work (iv) 1. (a) White lead, sulphate of lead of
il1side the manhole continuously. He should be given product containing these pigment shall not be used in
rest intermittently. The Engineer-in-charge may decide painting operation except in the form of pastes or paint
the time upto which a worker may be allowed to work ready for use.
continuously inside the manhole. (b) Measures shaH be taken, wherever required
in order to prevent danger arising from the application of
(x) Gas masks with oxygen cylinder should be a paint in the form of spray.
kept at site for use in emergency.
(xi) Airblowers should be used for flow of (c) Measures shall be taken, wherever
practicable, to prevent danger arising out of from dust
fresh air through the manholes, whenever caused by dry rubbing down and scrapping.
called for. Portable air blowers are recommended for
ventilating the manholes. The motors for these shall be 2( a) Adequate facilities shall be provided to
vapour proof and of totally enclosed type. Non sparkling enable working painters to wash during and on cessation
gas engines also could be used but they should be placed of work.
at least 2 metres away from the opening and on the
lowered side protected from wind so that they wilJ not (b) Over-all shaH be worn by working
be source of friction on any inflammablegas that might painters during the whole ofworkingp_riod.
be present.
(c) Suitable arrangements shall be made to
prevent clothing put off during working hours being
82
. (xii) The workers engaged for cleaning the soiled by painting materials.
manhole/sewers should be properly trained before
allowing to work in the manhole.
3.(a) Cases oflead poisoning and suspected -
(xiii) The workers shall be provided with Gum lead poisoning shall be notified and shaH be
boots or non sparkling shoes, bump helmets and gloves subsequently verified by medi_al man appointed by
non sparkling tools, safety lights and gas masks and competent authority ofBSNL.
portable air blowers (when necessary). They must be (b) BSNL may require, when necessary medical
supplied with barrier cream for anointing the limps examination ofworkers.
before working inside the sewer lines.
4. Instructionwith regard to special hygenic
(xiv) Workman descending a manhole shall try
precautions to be taken in the painting trade shall be distributed
each ladder step or rung carefulJy before putting his full
to working painters.
weight on it to guard against in secure fastening due to
corrosion of the rung fixed to manhole wall. (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
should be made for 'prompt first aid treatment of all provision
injuries likely to be sustained during the course of the whenever he brings and machinery to site of work and
work. get it verified, by the Electrical Engineer concerned.
(x) Use of hoisting machines and take including (xi) Motors, gearing, transmission, electric
their attachments, anchorage and supporters shall wiring and other dangerous parts of hoisting appliances
conform to the following standards or conditions. should be provided with the efficient safeguards.
Hosting appliances should be provided with such means
I. (a) These shall be good mechanical as will reduce to the minimum the risk of accidental
constructions, sound materials and adequate strength and descent of the load. Adequate precautions should be
free from patent defects and shall be kept in good taken to reduce the minimum the risk of any part of a
working.order, suspended load becoming accidentally displaced. When
worker employed on electrical installations which are
(b) Every rope used in hoisting Or lowering already energised, insulating mats wearing apparal such
materials or as a means of suspen;ion shall be of durable as gloves, sleeves and boots as may be necessary should
quality and adequate strength, and tree trom patent be provided. The workers should not wear any rings,
defects. watches and carry keys or other materials which are the
good conductors of electricity.
2. Every crane driver ot noisting appliance (xii) All scaffolds, ladders and other safety
operator shall be properly qualified and no person under devices mentioned or described herein shall be
the age of21 years should be in charge of any hoisting maintained in safe condition and not scaffold, ladder or
machine including any scaffolding which or give signals equipment shall be altered or removed while, it is in use.
to operator. Adequate washing facilities should be provided at or
3. In case of every hoisting machine and of near places of work.
every chain ring hook, shackle swivel andpully block
used in hoisting or as means of suspension the safe (xiii) These safety provisions should be
working load shall be ascertained by adequated means. brought to the notice of all concerned by display on a
Every hoisting machine and all gear referred to above notice board at a prominent place of work spot. The
shall be plainly marked with the safe working load. In person responsible for compliance of the safety code
case ofa hoisting machine having a variable safe shall be named therein by the contractor.
working load and the conditions under which it is
applicable shall be clearly indicated. No part of any (xiv) To ensure effective enforcement of the
machine or any gear referred to above in this paragraph rules and regulations relating to safety precautions the
shall be loaded beyond the safe working load except for arrangements made by the contractor shall be open to
the purpose of testing. inspection by the Labour Officer, Engineerin-charge of
the BSNL or their representatives.
83
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 (xv) Notwithstanding the above clauses trom (i)
notifY the safe working load of the machine to the to (xiv) there is nothing in these to exempt the contractor
Engineer-in-charge from the operations of any other act Rule in the Republic
ofIndia.
MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY ARRANGEMENTS FOR
WORKERSEMPWYEDBY BSNL OR ITS CONTRACTORS
1. Application: (2) ,The first-aid box shall be distinctly marked
with a red cross on white back ground and shall contain
These rules shall apply to all building and the following equipments namely:
construction works in charge of Postal/BSNL in which
. (a) For work places in which the following
twenty or more workers are ordinarily employed or are
equipments :
proposed to be employed on any day during the period
which the contract work is in progress.
(i) 6 small sterilised dressings.
2. Definition:
(ii) 3 medium size sterilised dressings
Work place means a place where twenty or
more workers are ordinarily employed or are proposed
to be employed in connection with construction work (iii) 3 large size sterlised dressings. (iv) 3 large sterilised
onHany day during the period' during which the contract
burn dressings.
work IS in progress.
3. First-Aid Facilities: (v) 1 (30 ml)bottle containing a two percent'
alcoholic solution of iodine.
(l) At every work place there shall be provided
(vi) I (30 ml) bottle containing salvolatile
and maintained, so as to be easily accessible
having the dose and mode of administration indicated on
during working hours, first aid boxes at the rate
the label.
of not less than one box for 150 contract labour or part
thereof ordinarily employed. (vii) 1 snake-bite lancet.
(viii) 1 (30m\) bottle of pottasium
permanganate crystals.
(ix) 1 pair ofscissors. on duty and shall be available at all hours when the
workers are at work.
, (x) 1 copy of the first-aid leaflet issued by the
Director General, Factory Advice Service and Labour (8) Where work places are situated in places
Institutes, Government of India. which are not town or cities, a suitable motor, transport
(xi) I bottle containing 100 tablets (each of5 shall be kept,readily avilable at all hours when the
grams) of aspirin. workers are available to convey injured
(xii) Ointment for bums. person/orpersons suddenly taken ill to the nearest
(xiii) A bottle of suitable surrgicalantiseptic solution. hospital.
(b) For work places in which the number of 4. Drinking Water:
contract labour exceed 50--
(a) In every work place, there shall be provided
and maintained at suitable places, easily accessible to
. Each first-aid box shall contain the following
labour, a sufficient supply of cold water fit for drinking.
equipments:
(i) 12 small sterlised dressings. (b) Where drinking water is obtained from an
intermittent public water supply each work place shall
(ii) 6 Medium size sterilised dressings. (iii) 6 large size be provided with storage where such drinking water
84
shall be stored.
sterilised dressings.
(iv) 6 large size sterilized bum dressings. (v) I roll of
(c) Every water supply of storage shall be a
adhesive plaster. distance of not less than 50 feet from any latrine, drain
or other source of, pollution. Where water has to 'be
(vi) 1 snake - bite lancet. drawn from an existing well which is within such
(vii) 1 (60 m!) bottle containing salvo latile having the dose proximity of latrine, drain or any other source of
and mode of administration indicated on the lable. 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
(viii) 6(15 gms) packets sterilised cotton which shall be dust and water proof.
wool. (d) A reliable pump shall be fitted to each
covered well, the trap-door shall be kept locked and
(ix) 1 (60 m!) bottle containing a two percent opened only for cleaning or inspection which shall be
alcoholic solution iodine. done at least once a month.
(x) 1 (30 gms) bottle of potassium 5. Washing Facilities:
permanganate crystals.
(xi) 1 pair of scissors. (i) In every work place adequate and suitable
facilities for washing shall be provided and maintained
for the use of contract labour employed therein.
(xii) 1 copy of the first-aid leaf-let issued by the
Director General, Factory Advice Service and Labour (ii) Separate and adequate screening facilities
Institutes, Goemment of India. shall be provided for the use of male and female
(xiii) A bottle containing 100 tablets (each of5 workers.
grams) ofaspirin.
(iii) Such facilities shall be conveniently
(xiv) Ointment for bums. accesible and shall be kept in clean and hygenic
condition.
(xv) A bottle of suitable surgical antiseptic
solution. .
6. Latrines and Urinals:
(3) Adquate arrangements shall be made for
(i) Latrines shall be provided in every work
immediate recoupment of the equipment when
place on the following scale namely.
necessary.
(a) Where female are employed, there shall
(4) Noting except the prescribed contents shall
be atleast one latrine for every 25 females.
be kept in the First-Aid box.
(b) Where males are employed, there shall be
(5) The First-Aid box shall be kept in charge of atleast one latrine for every 25 males.
a responsible person who shall always be readily
Provided that where the number of males or
available during the working hours of the work place.
females exceed 100, it shall be sufficient ifthere is one
(6) A person in charge of the First-aid Box latrine for 25 males or females as the case may be, upto
shall be a person trained in First-Aid treatment, in work the first 100, and for every 50 thereafter.
places where the number of contract labour employed is
150 or more.
(ii) Every latrine shall be under cover and so
(7) In work places where the number of
partitioned off as to secure privacy and shall have a
contract Labour employed is 500 or more and hospital
proper door and fasternings.
faciliies are not available within easy distance of the
7.0. Construction of latrines: The inside walls shall be
works, First-Aid posts shall be established and run by a
constructed of masonry or some suitable heat-
trained compounder. The Compounder shall be
resisting non-absorbent materials and
8. Creches:
shall be cement washed inside and outside at least once a
85
year. Latrines shall not be of a standard lower than bore (a) At every work place, at which 20 or more women
hole system. workers are ordinarily employed there shall be provided two
rooms of feasonabledimensions for the use of their children
(iv) (a) Where workers of both sexed are
under the age of six years. One room shall be ued as a play
employed, thereshallbe displays out side each block of
room for the children and the other as their bedroom. 'The
latrine and urinal; a notice in the languae understood by
rooms shall be consructed with specifications a_.
the majority of the workers "For Men Only"or "For
Women Only" as the case may be. Similar to those given in para 2 (c_bY Clause 19 (i) Thatched
Roof:
(b) The notice shall also bear the figure of a man or a
woman, as the casemay be.
(b) The rooms shall be provided with suitable
and sufficient openings for light arid, ventilation. There
(v) There shall be adeast one urinal for male
shall be adequate prov4sionof
workers upto 50 and one for female workers upto fifty
sweepers to keep the places clean. {.'_ .
employed at a time provided that where the number of
male or female workmen, as the case may be exceeds (c) The contractor shall suppl¥;';adq_ate.
500, it shall be sufficient, if there is one urinal for every number of toys and games in the play room arid
59 males or females upto the first 500 and one for every sufficient number of cots and beddings in the bed room.
100 on part thereof, thereafter.
(vi) (a) The latrines and urinals other than those (d) The contractor shall provide one Dais to
connected with a flush sewerage system shall comply look after the children in the crech when the number of
with the requirements of the Public Health Authorities. women workers does not exceed 50 and two Dais when
the numer of women workers exceed 50.
13) The latrines and urinals shaH be
(e) The use of the rooms earmarked as
adequately lighted and shall be maintained
Creaches shall be restricted to children, their attendamts,
in a clean and sanitary condition at all
and mother ofthe children.
times.
(f) The standard of construction and
(vii) Water shall be provided by means of a tap maintenance ofcreaches shall be as may be specified in
or otherwise so as to be conveniently accessible in or this behalf of the chief labour commissioner (central) .
near the latrines and urinals.
9. Canteens:
(viii) Disposal of excreta: Unless otherwise
(1) In every work place where the work regarding the
arranged for by the local sanitary authority,
arrangements for proper disposal of excreta by employment of contractor labour is likely to continue for
incineration at the work place shall be made bymeans of six months, hundred or more are ordinarily employed
suitable incinerator. Alternately excreta may be disposed and wherein contract labour numbering one an adequate
of by putting a layer of night soil at the bottom of a canteen shall be provided by the contractor for the use of
pucca tank prepared for the purpose and covering it with suc_ contract labour.
a: 15 cm layer of waste or refuse and then covering it
with a layer of earth for a fortnight (when it will turn (2) The canteen shall be maintained by the
into manure). contractor in an efficient manner.
(ix) The contractor shall at his own expense (3) The canteen shall consist of atIeast a dining
carry out all instructions issued to him by the Engineer- hall, kitchen, store room, pantry and washing places
in-Charge to effect proper disposal of soil and other separately for workers and utensils.
conservancy work in respect of the contractor's (4) The cantee_ shall be sufficiently lighted at
workmen employees on the site. The contractor shall be all times when any person has access to it.
responsible for payment of any charges which may be
levied by Municipal or cantonment Authority for
execution of such. work on his behalf. (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
86
that the inside walls of the kitchen shall be lime-washed
7. Provisions of shelter during rest:
every four months.
At every place there shall be provided free of cost, four
suitable sheds, two for males and the other two for rest
(6) The precincts of the canteen shall be .
separately for the use of men and women labour. The maintained in a clean and sanitary condition.
height of each shelter shall not be less than 3 metres
from the floor level to the lowest part of the roof. These (7) Waste water shall be carried away in
shall be kept clean and the space provided shall be on suitable covered drains and shall not be allowed to
the basis of 0.6 sq.m. per head. accumulate so as to cause a nuisance.
Provided that the Engineer-in-Charge may (8) Suitable arrangements shall be made for the
permit, subject to his satisfaction, a Portion of the collection and disposal of garbages.
building under construction or other alternative
accomodation to be used to the purpose.
based on "No Profit, No loss" and shall be
(9) The dining haIi shall accomodate at a time conspicuously displayed in the canteen.
30 percent of the contract labour working at a time.
. (16) In arriving at the price of food stuffs, and
(10) The floor area of the dining hall excluding other articles served in the canteen, the following items
the area occupied by the service counter and any shall not be taken into consideration as expenditure
furniture except tables and chairs shall not be less than namely:
one square metre per dinner to be ,accomodated as
prescribed in Sub-Rule 9.
( a) The rent of land and building:
(11) (i) A portion of the dining hall and service
(b). The depreciation and maintenance charges for tpe
counter shall be partitioned of and re-served for women
building and equipments provided for the canteen:
workers in proportion to their number.
(c) The cost of purchase repairs and
(ii) Washing places for women shall be
replacement of equipments including furniture crockery,
separate and screened to secure privacy. '
cutlery and utensils:
(12) Sufficient tables, stools chairs or benches
(d) The water charges and other charges
shall be available for the number of dinners to be
incurred for lighting and ventilation:
accommodated as prescribed in Sub-Rule 9.
(e) The interest and amounts spent on the
(13) (a) (i) There shall be provided and
provisions and maintenance and equipments provided
maintained sufficient utensils, cookers, furniture and any
for in the canteen:
other equipments necessary for the efficient running - of
the canteen. (17) The accounts pertaining to the canteen
shall be audited once every 12 months by registered
(ii) The furniture utensils arid other equipments
accountants and auditors.
shall be maintained in a clean and hygienic condition.
10. Anti-Malarial Precautions:
(b) (i) Suitable clean clothes for the employees
serving in the canteen shall be provided and maintained.
The contractor shall at his own expense,
confirm to all anti-malarial instructions given to him
(ii) A service counter, ifprovided, shall have
by the Engineer-in-charge including the filling
tap or smooth and imprevious material.
up of any borrow pits which may have been dug by him.
(iii) Suitable facilities including an adequate supply
11. The above rules shall be incorporated in the
of hot water shall be provided for the cleaning
contracts and in notices inviting tenders and shall form
of utensils and equipments. an integral part of the contractors.
12. Amendments:
(14) The food stuffs and other items to be
87
served in the canteen shall be in conformity with normal
Government may, from time to time, add to or amend
habits of the contract labour.
these rules and issue such directions as it may consider
(15) The charges fodood stuffs, beverages and any other
necessary for the purpose ofremoving any difficuity
items served in the canteen shall be
which may arise in the administration thereof.
Contractor Labour Regulations
1. Short Title: to made up, clearned, washed, altered ornamental
These regulations may be called the" finished, repaired, adopted other wise processed for
Contractors "Labour Regulations". sale for the purpose of the trade or business of the trade
2. (i) Definitions: of the principal employer and the process is to be
"Workmen" means any persons employed by a carried out either in the home ofthe out workers or in
BSNL or its Contractor directly or indirectly through a some other premises not being premises, under the
sub-contractor with or without the knowI.edge of the central and management of the principal employer.
contractor with or without the knowledge of the BSNL (ii) "fair Wages" means wages whether for
to the any skilled, semiskilled or unskilled manual time or piece work fixed and notified under the
supervisory, technical or clerical work for hire or provisions of the Minimum Wages Act from time
reward, whether the terms of employment are expressed to time.
or -implied but does not include any person. (ill) "Contractors" shall include everyperson who
(a) Who is employed namely in a undertake to produce a given result other than a mere supply
managerial or administrative capacity: or of goods or articles of mimufacture through contract labour
(b) Who being employed in a for any work and includes a subcontractor.
supervisory capacity draws wages exceeding (iv) "Wages" shall have the same meaning as
five hundred rupees per mensem or exercises either by deflned in the payment Wages Act.,
the nature of the duties attached to the office or by 18) Normally working hours of an adult employee
should not exceed 9 hours a day and in case of
reason of power vested in him, functions mainly of
a child 4 Yz hours in a day. The working day
managerial nature. shall be so arranged that inclusive of interaval
(c) Who is an out worker that is to say a person for rest, if any, it shall -!lot spread over more
to who any articles or materials are given out by or on than 12 hours on any day
behalf of the principal employer. currency or III Dom.
(b) when anaault worKer lsmaae to (viii) Wages shall be paid without any deductions of
work for more than 9 hours on any day or for more than any kind except those specified by the central
48 hours in any week he shall be paid overtime for the Government by general or special order in this behalf
extra hours put in by him at double the ordinary rate of or permissible under the payment of . wages Act.
wages. Children shall not be made to work extra hours. 1956,
(cHi) Every workers shi1l1 be given a . (ix) A notice showing the wages
weekly holiday normally on a sunday, in accordance period and the place and time to disbursement of
with provisions ofthe:: Minimum wages.(Central Rules wages shall be displayed at the place of work and a
1960 as amended from time to time respective of copy sent by the contractor to the Engineer- in-charge
whether such workers is governed by the Minimumm under acknowledgment.
Wages Act or not. (x) It shall be the duty of the contractor to
(ii) Where. the Minimum Wages ensure the disbursement of wages in the presence of
prescribed the Government under the Minimum Wages the Junior Engineer or any other authorised
Act are not inclusive of the wages for the weekly d.ay representative of the Engineer in charge who will be
or.rest the worker shall be entitled to rest day wages at required to be present at the place and time of
the rate applicable to the next preceding day. Provided disbursement of wages by the contractor to workman.
he has worked under the same contractor for a .
continuous period of not less than 6 days.
(xi) The contractor shall obtain from
-the junior Engineer or any other authorised
(iii) Where a contractor is pemitted by
representative ofthe Engineer-in-charge as the case
the Engineet;r-in-charge to allow a worker to work on a
may be, a certificte under his signature at the end of the
normal weekly holiday, he shall grant a substituted
entries in the "Register of wages" or the "Wagecum-
88
holiday to him for the whole day on one of the five days Muster Roll" as the case may be in the following form.
immediately before or after the normal weekly Holiday
and pay wages to such worker for the work performed "Certified that the amount shown in . coumn
on the normal weekly holiday at overtime rate. has been paid to the workman
concerned in my presence on ...............at ................
3. Display of Notic,e regarding wages etc., The 5. FINES AND DEDUCTIONS
contractor shall before he commences his work on WHICH MAY BE MADE FROM WAGES.
contract, display and correctly maintain and continue to (i) The wages of a worker shall be
display and correctly maintain in a clean and legible paid to him without any deductions of any kind except
condition in conspicuous places on the work notices in the following:
English and the local Indian Languages spoken by the (at Fines. .
majority of the workers, 'given the minimum rates of (b) Deductions for absence from duty
wages fixed under the Minimum Wages Act, the actual i.e., from the places or where by the terms of his'
wages being paid the hours of work for which such employment he is required to work, the amount of
wages are earned, wage periods. dates of payments of deduction shall be in proportion to the period for which
wages and other relevant information as per Appendix he was absent.
"A".
(c). Deduction for damage to or loss
4. ,Paymentofwages:
of goods expressly entrusted to the employed person
(i) The contractor shall fix wage
for custody, or of loss of money or any other
p<rriod, in respect of which. wages shall be payable.
(ii) No wages period shall exceed o_e . deduction which he is required to account, where such
damage or loss is directly attributable to his neglect or
mont!1; default.
(d) Deduction for recovery of advances or for
(iii) The wages of every persons employed as adjustment of over payment of wages; advances
contract labour in an establishment or by a contractor granted shall be entered in a register.
where less than one thousand, such persons are (e) Any other deduction which the
employed shall be paid beforethe expiry of the seventh CentrarGovernment may from time to time allow.
day and in other cases before the expiry of tenth day (ii) No fines should be imposed on any
after the last day of the. wage period in respect of which worker save in respect of such acts and omissions on
the wages are payable. his part as have been approved of by the Chief Labour
(iv) Where the employment of any worker is Commissioner.
terminated by or on behalf of the contractor the wages Note: An approved list of acts and omissions
earned by him shall be paid before the expiry of the for which fines can be imposed is enclosed at
second working day from the date on , which his
employment is terminated. . Appendix -1.
(v) All payments of wages shall be made on a (iii) No fine shall be imposed on a
working day at the work premieses and during the worker and no deduction for damage or loss shall be
woking time and on a date notified in advance, and in made from his wages until the workers has been given
case the work is completed before the expiry of the wage an opportunity of showing cause against such fines or
period, final paymnt shall be made within 48 hours of deduction.
the last working day. 8.0. The total amount of fine which may be imposed in
(vi) Wages due to every workers shall be paid anyone wage period on a worker
to him direct or to other person authorised by him in this
behalf.
. (vii) . All shall be paid in current coin or
shall not exceea an amount equal to mree paIse m a
rupee of the total wages payable to _im in respect of that
7. Attendance Carel-cum Wage Slip;
wage period.
(i) Thecontract6f shallis$ue 1m
(v) No fine imposed on workers shall
attendance card cum_wage slip" to each. workman
be recovered from him by insul.lment or aftertheexpiry:
employed by him intjle specimen form at (Appendix-
or sixty days from the date on which itwas
E),
89
imposed. (ii) The card shall be valid for each wage
(vi) Every fme shall be deemed to have
been imposed on the day of the .actor. omission in period.
respect of which it was imposed. .
6. LABOUR RECORDS. (iii) The contractor; sh&IJ mark the
attendance of each workman on_the card twice each
(i) The contractor shall maintain a
day, once at the commencement ofJhe day and again . after
"Register of persons employed" on work contract in the rest interval before he actually starts work. .
Form XIII of the CL(R&A) Central Rules 197] (iv) The card shall rem(iininp6ssession of
(Appendix-B). the worker during the wageperi()_'UI1der reference:
(ii) The contractor shall maintain a (v) The contractor sh<cotnp(ete the w&ge
"Muster Roll" register in respect of all workmen slip portion on the reverse ofthe_ard at le&st a date
employed by him on the work under contract inForm prior to the disbursement of wages in respect of the
XVI of the CL(R&A) Rules] 97] (Appendix-C): wage period under reference.
(iii) rhe contractor shall maintain a "Wage (vi) The contractor shall obtain the
Register" in respect of all workmen employed by him on sigl1ature or thumb impression oftheworker on the
the work\!nder c_mtractiri Form XVI of the CL(R&A) ,wages slip at the time of disbursement of wages. and
Rules 197] (Appendix-D).. retain the card with under reference.
(iv) Register of accidents:- The contractor shall 8. Employment card:
maintain a register of accidents in such form as may be The contractor shall issue an Employment
convenientatthe work place but the same shall include card in Form XIV ofthe CL(R&A)Central Rules] 971
the following particulars, to each worker within three' days ot:the employment
(a) Full particulars bf the labouret;:swho met of the worker (Appendix F).
with accident. 9. Service Certificate_'
. (b) Rate of Wages On teqninationof't_mployment for any
(c) Sex . reason whatsoever the contractor shall issue to the
workmen whose service have been terminated a
(d) Age
serVice certificate iri FQn11AX¥ofthe CL(R&A)
(e) Nature of accident and cause of accident. (f) Time
Central. Rules 1971 (Appendix:G).
and date of accident.
10. PreserV'atiOlrOfLabour Records:
(g) Date andtime whena<imitted in Hospital. (h) Date of
All records required to be maintained under
ciischarge from the Hospital. 0) Period of treatment and
Regulations Nos.6 and 7 shall be preserved in original
result of
for a period of three years from the date of/ast entries
treatment. made in them arid shall he made available for
(j) Percentage of loss of earning capacity inspection by the Engineer- in-charge, L_bour Officer
and disability as assessed by Medical Officer. or any other Officers authorised by the BSNL Civil
(k) Claim required to be paid under Wing in this behalf. .
workmen's compensation Act. II. Powers of Labour Officers to make
(I) Date of payment of compensation. investigations or enquiry;
(m) Amount paid with details of the persons The Labour Officer or any other person
to whom the same was paid. authorised by Central Government on their behalf shall
(n) Authority by whom the compensation have power to make enquiries with a view to
was assessed. . ascertaining and enforcing due and proper observance
(0) Remarks. of the Fair wage clauses and the Provisions of
(v) Register of Fines - The contractor shall Regulations. He shall investigate into any complaint
maintain a Register of Fines, in the Form XII of the regarding the dafault made by the contractor or sub-
CL(R&A) Rules 1971 (Appendix H). contractor in regard to such provision.
The contractor shall display in a good condition
and in conspiCuous place of work the approved list Of 12. Report of Labour Officer:
Acts and Omissions for which fines can be imposed.
(Appendix-I). The LabourOffi«er or other persons
authorisesd as aforesaid shall submit a report or result
90
(vi) Register of deductions -The contractor of his investigation or enquiry to the Executive
Engineer concerned indicating the extent if any to
shall maintain a "Register of deductions for damage or
which the default has been committed with a note then
loss" in Form XX of the CL(R&A) Rules 197]
necessary deductions from the contractors will be
(Appendix-J)
made and the wages and other dues be paid to the
(vii) Register of Advances - The contractor labourers concerned. In case an appeal is made by the
shall maintain a "Register of Advances" in Form XXII contractor under clause 12 of these regulation actual
of the CL(R&A) Rule, 1971 (Appendix-K) payment to labourers will be made, by the Executive
(viii) Register of overtime - The Engineer after the superintending Engineer has given
contractor shall mainJ:«in a "Register of his decision on such appeal.
Overtime" in
(a) The Executive Engineer shall arrange
payments to the labour concerned within' 45 days from employers in which he is a member.
the receipt of the report from the labour Officer or the (b) An Officer of a federation of
Superintending Engineer as the case may be. 13. associations of employers, to which associations
Appeal against the decision of referred to in clause(a) is affliated.
Labour Officer: (c) Where the employed is not a
Any person aggrieved by the decision and member of any association of employers, by an officer
recommendations of the Labour Officer or other person of association of employer connected with or any other
so authorised may appeal against such decision to the employer, engaged in the industry in which the
Superintending Engineer concerned within 30 days from employer is engaged.
the date ofdecision, forwarding simultaneously a copy (iii) No party shall be entitled to be
ofqis appeal to the Executive Engineer concerned but represented by a legal practitioner in any investigation
subject to such appeal, the decisions of the Officer shall or enquiry under these regulations.
be final and binding 15. Inspection of Books and slips.
. upon the Contractor. The contractor shall allow inspection of all
14. Prohibition the prescribed labour records to any of his workers or
t;epresentation through lawyer: to his agent at a convenient time and place after due
(i) A workman shall be entitled to be notice is received to be the Labour Officer or any
represented in any investigation or enquiry under these otheri person authorised by the Central Government on
regulations by his behalf.
(a) An officer or a registered trade union of J6. Submission of Returns:
which he is a member. The Contractor shall submit periodical
(b) An officer of a federation of trade unions
returns as may be specified from time to time.
referred to in clause (a) is affiliated. 17. Amendments:
(c) Where the employer is not a member of any The central Government may from time to
registered trade union, by,anofficer a registered trade time add to or amend the regulations and on any
union connected with, or by and other employed in the question as to the application interpretation or effect to
industry in which the worker employed. those regulations the decision of the superintending
(iii) An employer shall be entitled to be Engineer concerned in that behalf shall be final.
represented of any investigation or enquiry under these
regulations by - . .
(a) An officer of an association or
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 ____________________________________________________________
91
Sl. No. Category Minimum Minimum Number Remarks
Wage Wage Present
Fixed Paid
,
Weekly holiday ……………………………………………………………………………………………….
Wage Period………………………………………………………………………………………………………….
Date of payment of wages …………………………………………………………………………………………………………..
Working hours……………………………………………………………………………………………………………………….
Rest. Interval…………………………………………………………………………………………………………………
92
93
94
95
96
97
98
which the default has been committed with a note then
loss" in Form XX of the CL(R&A) Rules 197]
necessary deductions from the contractors will be
(Appendix-J)
made and the wages and other dues be paid to the
(vii) Register of Advances - The contractor labourers concerned. In case an appeal is made by the
shall maintain a "Reg ister of Advances" in Form XXII contractor under clause 12 of these regulation actual
of the CL(R&A) Ru le, 1971 (Appendix-K) payment to labourers will be made, by the Executive
(viii) Register of overtime - The Engineer after the superintending Engineer has given
contractor shall mainJ:«in a "Reg ister of his decision on such appeal.
Overtime" in
(a) The Executive Engineer shall arrange
payments to the labour concerned within' 45 days from emp loyers in wh ich he is a member.
the receipt of the report from the labour Officer o r the (b) An Officer o f a federation of
Superintending Engineer as the case may be. 13. associations of employers, to which associations
Appeal against the decision of referred to in clause(a) is affliated.
Labour Officer: (c) Where the employed is not a
Any person aggrieved by the decision and member of any association of employers, by an officer
recommendations of the Labour Officer or other person of association of employer connected with or any other
so authorised may appeal against such decision to the emp loyer, engaged in the industry in which the
Superintending Engineer concerned within 30 days from emp loyer is engaged.
the date ofdecision, forwarding simultaneously a copy (iii) No party shall be entitled to be
ofqis appeal to the Executive Engineer concerned but represented by a legal practitioner in any investigation
subject to such appeal, the decisions of the Officer shall or enquiry under these regulations.
be final and binding 15. Inspection of Books and slips.
. upon the Contractor. The contractor shall allo w inspection of all
14. Prohibit ion the prescribed labour records to any of his workers or
t;epresentation through lawyer: to his agent at a convenient time and place after due
(i) A workman shall be entitled to be notice is received to be the Labour Officer or any
represented in any investigation or enquiry under these otheri person authorised by the Central Government on
regulations by his behalf.
(a) An officer or a registered trade union of J6. Sub mission of Returns:
which he is a member. The Contractor shall submit periodical
(b) An officer o f a federation of trade unions
returns as may be specified fro m time to time .
referred to in clause (a) is affiliated. 17. A mend ments:
(c) Where the employer is not a member of any The central Govern ment may fro m t ime to
registered trade union, by,anofficer a registered trade time add to or amend the regulations and on any
union connected with, or by and other employed in the question as to the application interpretation or effect to
industry in which the worker emp loyed. those regulations the decision of the superintending
(iii) An emp loyer shall be entitled to be Engineer concerned in that behalf shall be final.
represented of any investigation or enquiry under these
regulations by - . .
(a) An officer of an association or
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 _____________________ _______________________________________
91
Sl. No. Category Minimu m Minimu m Nu mber Remarks
Wage Wage Present
Fixed Paid
,
Weekly holiday ……………………………………………………………………………………………….
Wage Period ………………………………………………………………………………………………………….
Date of payment of wages …………………………………………………………………………………………………………..
Working hours……………………………………………………………………………………………………………………….
Rest. Interval…………………………………………………………………………………………………………………
92
93
94
95
96
97
98
