Nit 5 by zhangyun

VIEWS: 27 PAGES: 100

									NAME OF TENDERER:               ……………………………………….

NAME OF WORK           :   .


                                         INDEX

S.                                                                              PAGES
N
                                   DETAILS
O                                                                        FROM           TO
.
1)    Index                                                                1            1
2)    Notice Inviting Tenders                                              2            4
3)    Application for issue of Tender Schedule                             5            6
4)    Declaration to be given by the Contractor                            7            7
5)    Important instructions to all tenderers                              8            8
      Important instructions to tenderers who have downloaded the
6)                                                                         9            9
      tender document from web
      Declaration (to be given by tenderers who have downloaded the
7)                                                                         10           10
      tender document from web)
8)    PWD-6                                                                11           14

9)    Proforma of Schedules                                                15           18

10) General Rules and Directions                                           19           22

11) Conditions of Contract                                                 23           27

12) Important Note for Contractors                                         28           28

13) Model Form for Bank Guarantee                                          29           29

14) Specification for the work of Providing EI& Fans                       30           31
15) List of approved makes                                                 32           32

16) Schedule of Quantities                                                 33           39
      Item Rate tender and conditions of contract (Form CPWD 8) along
17)                                                                        40         100
      with amendments.




                                                        SUB DIVISIONAL ENGINEER (E)
                                                       BSNL ELECTRICAL SUB DIVISION
                                                                NELLORE.




                                     1   Nellore NIT 5
                                  BHARAT SANCHAR NIGAM LIMITED
                                   (A Government of India Enterprise)
             O/o The Sub Divisional Engineer(E), BSNL, Electrical Sub Division,
                              RSU EXCHANGE ACHARI ST.NELLORE.

        No. N(1) BSNL/ESD/NLR/2011-2012/ 147                                    Dated: 4/6/2011.
           Sub-Division NIT NO : 5                           Division NIT NO : 23 to 28

                          N O T IC E             INVITING                 TENDER
The Sub Divisional Engineer (E) BSNL Electrical Sub Division, Nellore, invites on behalf of the Chairman,
BSNL, sealed item rate tenders from eligible Contractors for the following works:

    Work            Name of work                      Estimated      EMD in    Time for      Tender
    No.                                               cost in Rs.     Rs.     completion   cost in Rs.
                                                                                            (Non-Re-
                                                                                            fundable
    1       Repairing of 1.5 TR Split type
            AC units at Cell BTS Achari           27600             552       1 month      172/-
            Street and VC Satram
    2
            Providing repairs to window AC
            units at Cellone station Adurpalli
                                                  25100             502       1month       172/-

    3       Providing DC Equipment Earth
            and other connected works at cell     41530             831       1month       172/-
            BTS Chittedu
    4       Providing Aviation lamps Ring
            Earthing and Electrical works at
            Cell BTS Gudur 3 Sh: Connected
                                                  46290             926       1month       172/-
            works
    5       Providing repairs to 15/40 KVA
            EA set at Cell BTS Mettu,lebur,AS     46000             920       1month       172/-
            peta
    6
            Providing DC Equipment earth at
            Cell BTS station Rajendra nagar
                                                  30350             607       1month       172/-



ELIGIBILITY CRITERIA:
1.       For EI Works Registered contractors governed by the relevant Registration clauses and finan-
    cial 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, Tirupati. And the 2nd cover should contain the tender documents. In case the

                                                  2     Nellore NIT 5
     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.
5. (i)Performance Guarantee: The Contractor is required to furnish performance guarantee for an
      amount equal to 5 % of the contract value in the form of bank guarantee (of Nationalized /
      Scheduled Bank in a standard format)/CDR/ FDR/DD wi thin two weeks f rom the date of i ssue of
      award l etter. 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.
   (ii) Security Deposit: In addition to performance guarantee stated above, a sum @10% of the gross
   amount of the bill shall be deducted from each running bill of the contractor 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.
     Conditions & Tender forms can be had up to 4.00PM on or before        13-6-2011       on payment of     Rs.
     172/- (Non-refundable).
     The tender will be received up to 3.00PM on 14-6-2011 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.

     (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&
              ii)       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.

4)               Tenders received by post or courier shall not be accepted




                                               3   Nellore NIT 5
          NIT No 5/ 2011-12                                     Dt 4-6-2011



                                                                        Sub Divisional Engineer (E)
                                                                        BSNL Electrical Sub Division
                                                                               Nellore.
Copy to:
1.The General Manager, BSNL Telecom District, Nellore..
2.SE (E), BSNL Electrical Circle, Vijayawada
3.EE(E),BSNL Electrical Division, Tirupati.
4.AO(E),BSNL Electrical Division, Tirupati.
5.SDE (E), BSNL ESD, Tirupathi / Ongole.
6.Notice Board.
7.Web site www.ap.bsnl.co.in




                                            4   Nellore NIT 5
                       APPLICATION FOR PARTICIPATION IN TENDER
                                          IN
                         BSNL ELECTRICAL SUB DIVISION, NELLORE.

To
The Sub Divisional Engineer (E),
BSNL Electrical Sub Division,
NELLORE.

       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.


  S       Name of work             Amount of       Date of            Issuing authority
  l                                work done      completion
  .
  N
  o
  .




                                      5   Nellore NIT 5
    d) The list of works in hand (progress) with me / us in the format is given below (use
       separate sheet if required):
    e)

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




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

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

    h) 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).

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

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

    k) 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:      . . . . . . . . . . .. . . . . .




                                            6    Nellore NIT 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.)




                                    7   Nellore NIT 5
                   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.




                                     8   Nellore NIT 5
  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, NELLORE (Tel.No. 0861
        2331260) before submitting the tender.




                                        9   Nellore NIT 5
                              DECLARATION
(TO BE GIVEN BY THE TENDERERS WHO HAVE DOWNLOADED THE TENDER DOCUMENT FROM
                                   THE WEB)

It is to certify that

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

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

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

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

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

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

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

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

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

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

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


Dated ………………………                                             (CONTRACTOR)
                                                                   (SIGN WITH SEAL)




                                     10   Nellore NIT 5
                                       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 DE TAILS:
    Work             Name of work                      Estimated      EMD in    Time for      Tender
    No.                                                cost in Rs.     Rs.     completion   cost in Rs.
                                                                                             (Non-Re-
                                                                                             fundable
    1        Repairing of 1.5 TR Split type
             AC units at Cell BTS Achari           27600             552       1 month      172/-
             Street and VC Satram
    2
             Providing repairs to window AC
             units at Cellone station Adurpalli
                                                   25100             502       1month       172/-

    3
             Providing DC Equipment Earth
             and other connected works at cell     41530             831       1month       172/-
             BTS Chittedu

    4        Providing Aviation lamps Ring
             Earthing and Electrical works at
             Cell BTS Gudur 3 Sh: Connected
                                                   46290             926       1month       172/-
             works
    5
             Providing repairs to 15/40 KVA
             EA set at Cell BTS Mettu,lebur,AS     46000             920       1month       172/-
             peta

    6
             Providing DC Equipment earth at
             Cell BTS station Rajendra nagar
                                                   30350             607       1month       172/-



   a).SUB DIVI SION :- BSNL ELECTRICAL SUB DIVISION NELLORE .

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

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


   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 finan-
        cial 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.

                                                  11      Nellore NIT 5
    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 1 Month as indicated in the tender documents.

 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, RSU
       EXCHANFE ACHARI STREET NELLORE. 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.

 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 RSU EXCHANGE ACHARI STREET NELLORE. ,, up to 3.00 P.M.4-6-
      2011 and 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, BSNL, Electrical Division, TIRUPATI., and payable at Tirupati.

           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.


           The description of the work is as follows:

    Work            Name of work                      Estimated      EMD in    Time for      Tender
    No.                                               cost in Rs.     Rs.     completion   cost in Rs.
                                                                                            (Non-Re-
                                                                                            fundable
 1          Repairing of 1.5 TR Split type
            AC units at Cell BTS Achari           27600             552       1 month      172/-
            Street and VC Satram
 2
            Providing repairs to window AC
            units at Cellone station Adurpalli
                                                  25100             502       1month       172/-

 3
            Providing DC Equipment Earth
            and other connected works at cell     41530             831       1month       172/-
            BTS Chittedu

                                                 12      Nellore NIT 5
4        Providing Aviation lamps Ring
         Earthing and Electrical works at
         Cell BTS Gudur 3 Sh: Connected
                                              46290       926     1month        172/-
         works
5
         Providing repairs to 15/40 KVA
         EA set at Cell BTS Mettu,lebur,AS    46000       920     1month        172/-
         peta

6
         Providing DC Equipment earth at
         Cell BTS station Rajendra nagar
                                              30350       607     1month        172/-



       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 othertender 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 condi tional rebate is put
     forth by the tenderer shall be summarily rejected.

     The Public enterprises that avail benefits of the purchase preference should be subjected
     to adequate penalties for cost overruns etc.
11   Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and the
     tenders submitted by the contractors who resort to canvassing will be liable to rejection.

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

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

14  No Engineer of gazetted rank or other gazetted officer employed in Engineering or
    Administrative duties in an Engineering Department of the Government of India is
    allowed to work as a contractor for a period of two years after his retirement from
    Government service, without the previous permission of the Government of India in writing.
    This contract is liable to be cancelled if either the contractor or any of his employees is found
    any time to be such a person who had not obtained the permission of the Government of India
    as aforesaid before submission of the tender or engagement in the contractor’s service.
15 The tender for the works shall remain open for acceptance for a period of ninety days from
   the date of opening of tenders. If any tenderer withdraws his tender before the said period or
                                             13   Nellore NIT 5
      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 contract-
      or 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 con-
      tractor 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.
      b) Standard C.P.W.D. Form 8
                                                        Signature of Divisional Officer/ Sub-Divisional
                                                        Officer
                                                        …………………………………

                                                         For and on behalf of BSNL




                                         14    Nellore NIT 5
                                   PROFORMA OF SCHEDULES
               (Operative Schedules to be supplied separately to each intending tenderer)

 SCHEDULE 'A'

 Schedule of quantities : Appended from page 33page 34

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



S     Description                    Rates in figures and words
r                     Quantity      at which the material will        Place of Issue
        of item
.                                   be     charged     to   the
N                                   contractor
  1        2              3                       4                                    5
                                     NIL



 SCHEDULE 'C'

 Tools and plants to be hired to the contractor


        Descriptio   Hire
                                          Place of Issue
          n of          charges
          item          per day
         Sr. No.
             1             3                             4
             2
                                         NIL


 SCHEDULE 'D'

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

      I. Important Note for Contractors: Appended from page 30 to page 30.


 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




                                        15     Nellore NIT 5
                                                            Xc                                 _____ %

                                                            Xs                                 _____ %

                                                            Xm       _____ %              NA



                                                             Y

                                                             _____ %




       SCHEDULE : F
       Reference to General Conditions of contract

       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, Tirupati.
                                                     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)                                                 Sub Divisional Engineer (E), BSNL Electrical
                                                     Sub Division, NELLORE.
Engineer-in-Charge
2(viii)                                              Sub Divisional Engineer (E), BSNL Electrical
                                                     Sub Division, NELLORE.
Accepting Authority
2(x) Percentage on cost of materials and             10%
       labour 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
Clause 2                                             Superintending Engineer (E), BSNL, Electrical Circle, Hyderabad
Authority for fixing compensation under Clause
2.
Clause 2A
Whether Clause 2A shall be applicable.               No

                                                 16         Nellore NIT 5
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 :-



                                                  Table of Mile Stone(s)
          Sl.   Description of            Time allowed in        Amount to be with-held in case of non
          No.   Milestone (Physical)      days (from date        achievement of milestone
                                          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
                   th                        th
          1     1/8 (of whole work)       1/8      (of whole work)
                   th
          2     3/8 (of whole work)       1/2 (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.                    TWO Month
          Authority to give fair and reasonable extension of
          time for completion of work.                                SE (E)
          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, Vijayawada.

          Clause 36 (i)
          Minimum Qualifications and experience required for
          Principal Technical Representative.




                                                    17   Nellore NIT 5
          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 Rs.5 3% ±
 lakhs.
 b) Bitumen All works.                                       2% ±
                                                             2.5% ± only and nil            NA
 c) Steel Reinforcement and structural steel sections for    on minus side
 each diameter, section and category.                        2% ±
 d) All other materials


                                                             NIL

                     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 issued by
                    Description of Item
No.                                                     Department
                                                              Excess beyond            Less use beyond         permissible
                                                           permissible variation                     variation
 1        Cement
 2        Steel reinforcement
 3        Structural Sections                                                         NIL
 4        Bitumen issued free
          Bitumen issued at stipulated
 5
          Fixed price




                                                   18    Nellore NIT 5
                                    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 not worked

                                      19    Nellore NIT 5
          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    Nellore NIT 5
      20. On acceptance of the tender, the name of the accredited representative(s) of the
          contractor who would be responsible for taking instructions from the Engineer-in-charge
          shall be communicated in writing to the Engineer-in-charge.

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

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

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

24.      The contractor shall comply with the provisions of the Apprentices Act 1961, and the rules
         and orders issued 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   Nellore NIT 5
                 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   Nellore NIT 5
                                      CONDITIONS OF CONTRACT

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

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

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

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

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

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

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

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

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

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

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

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


                                      23    Nellore NIT 5
 4.          The contractor shall be furnished, free of cost, one copy of the contract documents except
             standard specifications, Schedule of Rates and such other printed and published documents,
             together with all drawings as may be forming part of the tender papers. None of these
             documents shall be used for any purpose other than that of this contract.

 5.          The work to be carried out under the Contract shall, except as otherwise provided in these
             conditions, include all 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 1 st 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.


                                              24    Nellore NIT 5
8.2      Based on the Master Agreement between BSNL and contractor individual LOI for works shall
         be issued by the competent authority. The individual agreement so executed containing all
         the terms and conditions of master agreement shall be treated as an independent
         agreement and any action, if required, to be taken shall be taken as per this individual
         contract.

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

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

10.     Performance Bank Guarantee

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

11.     Increase/ Decrease of tendered quantity

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

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


12. Completion of work

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

       out the work as entered in the contract is reckoned from the 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 1/8 th of the whole of the work
      before 1/8th of the time allowed under the contract has elapsed, 3/8th of the work before ½ of
      the time has elapsed and 3/4th of the work before 3/4th of such time has elapsed. However, for
      special jobs, if a time schedule has been submitted by the contractor and the same has been
      accepted by the Engineer – in – charge, the contractor shall comply with such time schedule.

      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.



                                         25    Nellore NIT 5
       For sub Station work, the date of clearance from electrical inspector is taken as completion
       date.

       13. Extension of time

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

14. Compensation for delay

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

15.      Quality Assurance

       The EI works are executed in accordance to the CPWD specifications. Other works are of
       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.



                                             26   Nellore NIT 5
 19. Tax and Duties :a) All the rates quoted by the firm shall be inclusive of all taxes and duties
including service tax, VAT, ED, WCT, etc. Octroi exemption certificate will not be issued. Form ‘c’
shall be issued by BSNL on request.
                       b) All statutory deductions shall be made at source and a certificate for the
                         same shall be issued.
                       c) No bill for the work( on receipt of the equipment ) shall be made unless
                         payment voucher for excise duty is submitted.
                       d) The service tax payment voucher from the authorities shall be submitted
                         before the release of security deposit.
                       e) Registration No. for service tax, VAT and excise duty is compulsory.


AN IMPORTANT NOTE ON EPF
  EPF deduction from labour employed by the Contractor / Agency
       1. According to Circle office instructions, it is mandatory on the part of the contractor
           to recover the EPF contributions from the labour engaged by him and remit the
           amount, with the contractors contribution, to the EPF authorities under EPF & 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   Nellore NIT 5
                                           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 .




                                                                                          ANNEXURE - I


                                          28    Nellore NIT 5
                               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     Nellore NIT 5
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.

                                        30   Nellore NIT 5
17. The busbars of the single phase distribution box shall be of solid aluminium strip instead of
    sheet metal.
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
                                                          NELLORE




                                    31    Nellore NIT 5
        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/Pacesette




                                    32   Nellore NIT 2
       Work no: 1


Name of work: Repairing of 1.5 TR split AC units at Cell BTS station Achari street and VC satram

Sno                                Description of Item                                        Qty      Rate   Unit   Amount
 1  Supplying and fixing of hermitically sealed compressor suitable for operation on
    230v 1ph ac supply for 1.5 TR Window/split type ac unit on replacement basis
    including testing commissioning etc as required (Make: Carrier/ Kirloskar/SS
    make)
    a). 1.5 TR Reciprocating compressor                                                       2 Nos           Each

 2   Providing leak testing, pressure testing and vacuum testing of refrigerant circuits,
     evaporator and condenser coils etc as reqd.                                              2 Jobs          Job

 3   Providing gas charging to the 1.5TR AC units with R-22 refrigerant gas as reqd
     a) Window/split type                                                                     2 Jobs          Job

 4   Replacing of following spare parts of 1.5TR window /split type AC Units complete
     as reqd.
     a) Running capacitor                                                                     2 Nos           Each

     b) Wiring kit                                                                            2 No            Each

 5   Providing general servicing for 1.5 TR window/split AC units such as cleaning of
     evaporator coil/filter condenser coil, oiling of fan motor, checking the rigid ness of
     the compressor, attending minor problems of electrical and psychometric nature,
     informing the breakdown and major problems of AC unit to the concerned
     immediately as per the specifications/conditions attached.                               2 Nos           Each




                                                     33    Nellore NIT 2
       Work no: 2


Name of work: Providing repairs to window AC units at Cellone station Adurpalli

Sno                                Description of Item                                        Qty      Rate   Unit   Amount
 1  Supplying and fixing of hermitically sealed compressor suitable for operation on
    230v 1ph ac supply for 1.5 TR Window/split type ac unit on replacement basis
    including testing commissioning etc as required (Make: Carrier/ Kirloskar/SS
    make)
    a). 1.5 TR Reciprocating compressor                                                       1 Nos           Each

     b). 1.0 TR Rotary compressor                                                             1 Nos           Each

 2   Providing leak testing, pressure testing and vacuum testing of refrigerant circuits,
     evaporator and condenser coils etc as reqd.                                              2 Jobs          Job

 3   Providing gas charging to the 1.5TR AC units with R-22 refrigerant gas as reqd
     a) Window/split type                                                                     2 Jobs          Job

 4   Replacing of following spare parts of 1.5TR window /split type AC Units complete
     as reqd.
     a) Running capacitor                                                                     2 Nos           Each

     b) Wiring kit                                                                            2 No            Each

 5   Providing general servicing for 1.5 TR window/split AC units such as cleaning of
     evaporator coil/filter condenser coil, oiling of fan motor, checking the rigid ness of
     the compressor, attending minor problems of electrical and psychometric nature,
     informing the breakdown and major problems of AC unit to the concerned
     immediately as per the specifications/conditions attached.                               2 Nos           Each




                                                     34    Nellore NIT 2
      Work No : 3


Name of work: Providing DC Equipment Earth and other connected works at Cell BTS Chittedu

Sno                             Description of items                                         Quantity   Rate   Unit Amount
 1 Earthing with 4 nos GI sheets/ plates etc by observing the following procedure.

    a) Supplying and installing 4nos GI earth plates of size 600 x 600 x 6 mm thick.
                                                                                              1 Job             Job

    b) Drilling holes to the sheets making connections to all the four sheets for
    extending earthings using GI bolts and nuts, washers, spring washers etc.
    c) Supplying and fixing of 25x5mm thick (4nos strip of 10' length approx) to the
    GI earth plates including drilling holes etc.
    d) Supplying and filling the following artificial soil treatment material in the earth
    pit
    i) Charcoal ( The nominal size of the char coal pieces should above 2") - 300 Kg
    ii) Saw dust- 75 Kg
    iii) Common salt - 20 Kg
    e) Providing 2''dia GI pipe(B class) of approx length 10feet with suitable GI sheet
    funnel.
    f) Providing necessary enclosure/ earth pit with pre-cast RCC chamber, with at
    least 50 mm thick RCC top cover plate, white washing of the masonry
    enclosure and sign writing etc., as required.( Size of masonry enclosure 450
    mm x 450 mm)
    g) Initial watering of the earth pit arrangement and manpower for testing the
    earth resistance and furnishing the test results .


 2 S/L of 25 Sqmm PVC insulated WP Copper conductor cable from loop earthing
                                                                             15 m                               m
   as reqd.(Make: Polycab/Finecab/Suncab)

 3 Providing end terminations with copper lugs by crimping to the 25 Sqmm size
                                                                                              2 Nos            Each
   PVC insulated flexible copper conductor cable as required.

 4 P/F of 25mm dia PVC /HDPE pipe for the protection of the cables etc as reqd               10 m               m

 5 Providing and fixing 25mm x 5mm thick GI strip on surface/ recess for ring
   Earthing complete etc as reqd                                              70 mtrs                          mtr

 6 Labour charges extra for cutting the red soft rock inside the Earth pit by using
   Hagger complete etc as reqd                                                                8 cumt           cumt

 7 Labour charges digging the earth pit and other connected works complete etc
   as reqd                                                                                    1 cumt           cumt

 8 Supplying and filling of black soil for the earth pit for improving the earth value
   complete etc as reqd( 1 truck)                                                             1 Job            Job




                                                     35     Nellore NIT 2
       Work no : 4


Name of work: Providing Aviation lamps Ring Earthing and Electrical works at Cell BTS Gudur 3
     SH : Connected works
Sno                               Description of items                                    Quantity   Rate   Unit   Amount
 1 Supplying and Laying of 50x3mm GI flat with zinc quoting (with Zinc coating 610 70 Mtr                   Mtr
    gm/sqm) in the soil at a depth of 1 mtr I/c interconnection of GI flats with suitable
    GI bolts and nuts and connecting the flat to all tower legs as per specifacation

 2   Providing and fixing 25mm x 5mm thick GI strip on surface/ recess as required         70 mtrs          mtr

 3   S/F of 6mm insulators along the tower for fixing GI strip complete as reqd            70 nos           Each

 4   P/F of 40 mm dia PVC /HDPE pipe for the protection of the cables etc as reqd
     (ISI make)                                                                             4 mtrs          mtr

 5   Supply and fixing of 1 x 18 W pre wired compact fluorescent tube light fitting
     suitable for 230V,1PH AC supply without ballasts complete with all accessories
     and suitable bracket I/c 1nos 18W CFL lamps, etc as required. (Make: Pasolite
     (model no:1935) / SS make)                                                             3 nos           Each

 4   Supplying and fixing of 4 way SP&N sheet steel MCB DB suitable for 230V AC
     supply   on surface,      dinbar, detachable gland plate, inter connections,
     phospatized and powder painted including earthing etc as reqd                          1 Nos           Each

 5   S/F of 30cm x 30cm Hylum sheet of 5mm thickness to the existing BTS grill for
     protection of MCB DB etc as reqd                                                       1 Jobs          Job

 6   Supplying and fixing of following MCB suitable for 230V,1PH AC supply in the
     existing MCB DB complete with all connections, testing and commissioning etc.,
     as req.
     a). 6/16/20 amps SPMCB                                                                 4 Nos           Each

     b). 40 amps DP isolator                                                                1 Nos           Each

 7   Supplying and fixing of Pole box made of MS sheet of size 8” x 4” having din bar
     arrangement for fixing MCB/connector including cutting,welding,painting
     complete etc as reqd                                                                   1 job           Each

 8   Supplying and fixing of 4.5 kgs Co2 Fire extinguishers including initial filling of
     charge with hose and horn complete etc as reqd(Make: Safex/Alert/SS make)              1 Nos           each




                                                    36    Nellore NIT 2
              work No : 5

Name work: Providing repairs to 15/40 KVA EA set at Cell BTS Mettu,Lebur,AS peta

Sno                                  Description of items                                  Quantity Rate   Unit   Amount
      Leburu
      Supplying and filling of lube oil (Viscosity grade SAE 20/40W) including draining of
  1   old lube oil, cleaning etc completely as required.                                    12 lts          lts

  2   Supplying and fixing of Diesel oil filters and Lube oil filter suitable for 40 KVA E/A
      set complete as required
       a) Lub oil filter element with sealing ring                                             1 job       job

      b). Fuel filter primary and secondary with sealing ring                                  1 job       job

  3   Changing of the following acessories suitable for 40 KVA EA Set as required.
      a) MS braided flexible hose pipes for diesel oil                                         2 mtrs      Each

      b) V belts                                                                               2 nos       Each

      c) Rectifier diode plate assembly                                                        1 set       set

  4   Supplying and fixing of Heavy duty tyre coupling and other connected works
      complete etc as reqd                                                                     1 job       job

  5   Labour charges for dismantling and Re-coupling of 40 KVA EA set using dial guage
      and other connected works complete etc as reqd                                           1 job       job

  6   Servicing of 40 KVA E/A set including adjustment tappet setting, check functioning
      of start motor, dynamo, fuel pump and nozzle, adjusting of V-belts tension,
      cleaning of outer parts, cylinder liner including arresting of lube oil and diesel oil
      leakages etc complete as required                                                        1 job       job
      Mettu
      Supplying and filling of lube oil (Viscosity grade SAE 20/40W) including draining of
  1   old lube oil, cleaning etc completely as required.                                       8 lts        lts

  2   Supplying and fixing of Diesel oil filters and Lube oil filter suitable for 15 KVA E/A
      set complete as required
       a) Lub oil filter element with sealing ring                                             1 job       job

      b). Fuel filter primary and secondary with sealing ring                                  1 job       job

  3   Changing of the following acessories suitable for 15 KVA EA Set as required.
      a) MS braided flexible hose pipes for diesel oil                                         1 mtrs      Each

      b) set of O rings                                                                        1 set       Each

      c) Set of Joints                                                                         1 set       Each

      d) Fuel feed pump assembly                                                               1 set       Each

  4   Repairing and calibration of Fuel injector pump assembly including replacement of
      faulty valves,plunger,barrels etc complete as reqd                                       1 job       job

                                                       37       Nellore NIT 2
5   Servicing of 15 KVA E/A set including adjustment tappet setting, check functioning
    of start motor, dynamo, fuel pump and nozzle, adjusting of V-belts tension,
    cleaning of outer parts, cylinder liner including arresting of lube oil and diesel oil
    leakages etc complete as required                                                         1 job    job

    AS peta
    Supplying and filling of lube oil (Viscosity grade SAE 20/40W) including draining of
1   old lube oil, cleaning etc completely as required.                                       13 lts     lts

2   Supplying and fixing of Diesel oil filters and Lube oil filter suitable for 40 KVA E/A
    set complete as required
     a) Lub oil filter element with sealing ring                                              1 job    job

    b). Fuel filter primary and secondary with sealing ring                                   1 job    job

3   Changing of the following acessories suitable for 40 KVA EA Set as required.
    a) MS braided flexible hose pipes for diesel oil                                          2 mtrs   Each

4   Labour charges for cleaning of MS fuel line including removing of Fuel line and
    removing the obstructions in the pipe line and refixing the same and other
    connected works complete etc as reqd                                                      1 job    job

5   Servicing of 40 KVA E/A set including adjustment tappet setting, check functioning
    of start motor, dynamo, fuel pump and nozzle, adjusting of V-belts tension,
    cleaning of outer parts, cylinder liner including arresting of lube oil and diesel oil
    leakages etc complete as required                                                         1 job    job




                                                     38       Nellore NIT 2
     work No : 6

Name of work: Providing DC Equipment Earth at Cell BTS station Rajendranagar

Sno                             Description of items                                         Quantity   Rate   Unit Amount
 1 Earthing with 4 nos GI sheets/ plates etc by observing the following procedure.

    a) Digging of earthing pit of suitable size and 12' deep and refilling the same
                                                                                              1 Job             Job
    after installing the earth plate.
    b) Supplying and installing 4nos GI earth plates of size 600 x 600 x 6 mm thick.
    c) Drilling holes to the sheets making connections to all the four sheets for
    extending earthings using GI bolts and nuts, washers, spring washers etc.
    d) Supplying and fixing of 25x5mm thick (4nos strip of 10' length approx) to the
    GI earth plates including drilling holes etc.
    e) Supplying and filling the following artificial soil treatment material in the earth
    pit
    i) Charcoal ( The nominal size of the char coal pieces should above 2") - 300 Kg
    ii) Saw dust- 75 Kg
    iii) Common salt - 20 Kg
    f) Providing 2''dia GI pipe(B class) of approx length 10feet with suitable GI sheet
    funnel.
    g) Providing necessary enclosure/ earth pit with pre-cast RCC chamber, with at
    least 50 mm thick RCC top cover plate, white washing of the masonry
    enclosure and sign writing etc., as required.( Size of masonry enclosure 450
    mm x 450 mm)
    h) Initial watering of the earth pit arrangement and manpower for testing the
    earth resistance and furnishing the test results .

 2 S/L of 25 Sqmm PVC insulated WP Copper conductor cable from loop earthing
                                                                             15 m                               m
   as reqd.(Make: Polycab/Finecab/Suncab)

 3 Providing end terminations with copper lugs by crimping to the 25 Sqmm size
                                                                                              2 Nos            Each
   PVC insulated flexible copper conductor cable as required.

 4 P/F of 25mm dia PVC /HDPE pipe for the protection of the cables etc as reqd                8m                m

 5 Providing and fixing 25mm x 5mm thick GI strip on surface/ recess for ring
   Earthing complete etc as reqd                                              25 mtrs                          mtr




                                                     39    Nellore NIT 2
Name of the Contractor...........................................                                       P.W.D.8
*         Date of application & date ...........................................
*         Tender issued on ...........................................
*         I.T. Clearance Certificate Valid upto ...........................................
          Regd. with .............................. as class .................. Monetary Limit ............. class
          Cost of tender Rs.172/-




           BHARAT SANCHAR NIGAM LTD.
                                 (A Government of India Enterprises)
                                         (CIVIL / ELEC. WING)
                     State : A.P.                             Division : Tirupati
                     Branch : Electrical                      Sub – Division : Tirupati.

                        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 contract              is willing to underta_eeach item of the work tenders
wilJ be notified in a form of invitation to tender posted in          which propose any alteration in the work specified in the
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 and            contractors who wish to tender for two or more works
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 tender,              have the same and number of the works to which they
and the amount of the security deposit to be deposited by             refer written outside the envelope.
the successful tenderer, and the percentage, if any, to be
deducted from bill copies of the specifications designs
and drawings and any other documents required in                                4A. The rate(s) and amount must be quoted in
connection with the work signed for the purpose of                    full rupee by ignoring fifty paise and considering more
identification by the Sub-Divisional Officer/ Divisional              than fifty paise as rupee one. TENDERS WITH ANY
Officer shall also be open for inspection by the contractor           CONDITION           INCLUDING           THAT        OF
at the office of Sub-DIvisional! Divisional Officer during            CONDITIONAL/UNCONDITIONAL                    REBATES
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 him        present at the time, and will enter the amount of the
to do so such power of attorney to be produced with the tender,       several tenders in a comparative statement in a suitable
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
                                                                      thereupon be given to the contractor who shall there




                                                     40     Nellore NIT 2
          _3. Receipts for payments made on account of a                                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 described                                        copies of the specifications and other
in their tender as a firm, in which case the receipts must                              documents mentioned in Rule 1. In the event of a tender
be signed in the name of the finn by one of the partners,                               being rejected the Earnest-Money forwarded with such
or by some other person having authority to give effectual                              unaccepted tender shall thereupon be returned to the
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 usual                               responsible for seeing that he procures a receipt signed
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

(b)Estimated Cost:

4.0. Building work

(ii) Services
Contractor.
_
Rs................................... Rs................................... TOTAL                       Rs. ...............................
Earnest Money                        00'          no.....................................................Rs. ....................-..............

Security Deposit                     .00          ...          no...                                    Rs. ..................................
                                                                                                        Rs. ..................................


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


                                                                41       Nellore NIT 2
         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 recognised            said earnest money shall be retained by him towards
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
                                                                  and conditions contained or referred to there in and to
              (e) Time allowed for the work from the 10th
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 memorandum                                                                                                                 lump sum security ofRs. 5 lakhs in lieu of the security
an amount equal to the amount of earnest money                                                                                                                      amount to be deducted from my/our running bills
mentioned in the form of invitation of tender shall be                                                                                                              individual case and have deposited that amount with the
absolutely forfeited to the BSNL and the same may at the                                                                                                            Engineer-in-Chief, CE(C), New Delhi and IIWe
option of the Officer to be recovered. out of the deposit in                                                                                                        therefore claim exemption in terms of the bond executed
as far as the same may extend in terms of the said bond                                                                                                             by me/us and bearing No. ...................... dated the
and in the event of deficiency out of any other moneys                                                                                                              ....................................day of..............200...............
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. 20,000/-                                                                                                          event of deficiency out of any other money due to me/us
as Earnest Money in individual cases and II We therefore                                                                                                            or otherwise.
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.                             _




                                                                                                                                                      42     Nellore NIT 2
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

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
                                                                               43       Nellore NIT 2
                                                                 modifications are intended.
        2) In the contract the following expression shall
unless where the context otherwise require have the              0      C.P.W.D. safety code
meanings hereby respectively assigned, to them:                  ii)    Clause I 1
        a) The expression 'works' or 'work' shall unless         ill)   Clause 12
there be something either in the subject or context
                                                                 iv)    Clause 19 B (a) explanation
repugnant to such construction be construed and taken to
mean the works by or by virtue of the eon tract contracted       v)     Clause 19B (c)
to be executed whether temporary or permanent and                vi)    Clause 19 C
whether original altered, substituted or additional.
                                                                 vii)   Clause 19 E
                                                                 viii) Clause 19 G
          b) The 'Site' shall mean the land and/or other                 ix)      Model rules for the protection of
places into or through which work is to be executed under        Health and Sanitary arrangements for workers employed
the contract or any adjacent land, path or street through        by Central P.W.D. or the contractor's (Heading Only)
which work is to be executed under the contract or any
                                                                         x)       Central Public Works Department
adjacent land, path Or street which may be allotted or
                                                                 Contractor's Labour Regulations (Headings and
used for the purpose of carrying out the contract.
                                                                 Regulations No.1 and 2 [ii].
         c) The 'Contractor' shall mean the individual.
or firm or company whether incorporated or not
                                                                            XI)       Clause 42(v)
undertaking the works and shall include the legal personal
representatives of such individual or the persons                           xiO       Clause 42(ii)
composing such firm or company and the successors of                        xiii)     Clause 19B(F)
such firm or company and the permitted assignees of such
                                                                 Works imparting the singular number
individual or firm or firms or company.
                                                                 include the plural number and vice versa.
         d) The BSNL means the Bharat Sanchar Nigam
                                                                          CLAUSE 1: The PersonlPersons whose tender[
Limited and his successors.
                                                                 s] may be accepted [hereinafter called the contractor]
                                                                 shall permit BSNL at the time of making
          e) The 'Engineer-in Charge' means the Divisional   .   any payment to him for work done under the contract to
Officer/Sub-Divisional Officer as the case may be who            deduct such sum along with along with the sum already
shall supervise and be in-charge of the work and who             deposited as earnest money will amount.
shall sign the contract-on behalf of the BSNL.
          t) 'Government' or Government of India' shall          Security Deposit
mean the President of India.
                                                                          10% ofthe Tendered amount of work put ot
          g)       The term Chief Engineer includes
                                                                 tender subject to a maximum of 5 lakhs unless he is/
additional Chief Engineer.                                       they are exempted from payment of Security Deposit in
                                                                 individual cases by BSNL unless he is / they are
h) All reference to:                                             exempted.
i)c.P. WD./ Public works Department. ii)                                   In case a fixed deposit receipt of any Bank is
                                                                 furnished by the contractor to the BSNL as part of the
AdditionalChiefEngineer, C.P.WD. iii) Administrative
                                                                 security deposit and the Bank goes into liquidation or for
head ofC.P.WD.                                                   any reason is unable to make payment against the said
iv) c.P. WD. Circle and                                          fixed deposit receipt the loss caused thereby shall fall on
                                                                 the contractor and the contractor shall forth with on
v) Ministry of works, Housing and supply, in various
                                                                 demand furnish additional security to the BSNL to make
clauses shall be taken                                           good the deficit.

i) BSNL (Civil/ Elec. Wing)                                               Such deductions are to be held by BSNL by
ii) Administrative heads ofBSNL                                  way of Security Deposit, Provided always that. the
                                                                 BSNL for this purpose shall be entitled to recover the
till the balance of the amount of Security Deposit is            said percent of the amount of each running bill
realised All Compensation or the other sum of money
                                                                 contract has elapsed, three eighth ofthe work, before
                                             44    Nellore NIT 2
payable by the contractor under the terms of this contract     one-half of such time has elapsed and three-fourth of the
may be deducted from or paid by the sale of                    work before three-fourth of such time elapsed. Ho_ever
sufficient part of his Security Deposit or from the interest   for special jobs if a time schedule has been submitted by
arising there from, or from any sums which may be due to       the contractor and the same has been accepted by the
or may become due to the contractor by BSNL on any             Engineer-Charge, the contractor shall comply with the
account whatsoever and in the event of his Security            said time schedule. In the even of the contractor failing
Deposit being reduced by reason of any such deduction or       to comply with the conditions, he shall be liable to pay
sale as aforesaid, the contractor shall within 10 days make    as compensation an amount equal to one percent Of such
good in cash or guarantee bonds executed in favour of the      smaller amount as the superintending Engineer (whose
BSNL Deposit receipt tendered by the State Bank of India       decision in writing shall be final) may decide on the said
or by scheduled Banks (in case of guarantee offered by         estimate cost of the whole work for everyday that the
schedule banks, the amount shall be within the financial       due quantity of work remains incomplete. Provided
limits prescribed by the Reserve Bank of India) ofGovt.        always that the. entire amount of compensation to be
Securities (if deposited for more than 12 months)              paid under the. Provisions of this Clause shall not
endorsed in favour of the Engineer-incharge, any sum or        exceed ten percent on the estimated cost of the work as
sums which may have been deducted from, ot raised by           shown in the tender.
sale of his security deposit or any part thereof. The
Security Deposit shall be collected from the running bills
of the contractor at rates mentioned above and the Earnest              CLAUSE 3: The Engineer-in-Charge may
Money deposited at tme time of tenders will be teated as       without prejudice to his right against the contractor in
part of the security deposit.                                  any respect of any delay or inferior workmanship or
                                                               otherwise or to any claims or damages in any respect of
                                                               any breaches of contract and without prejudice to any
         NOTE I: Government papers tendered as                 rights or remedies under any of the provision of this
security will be taken at 5% (five percent) below its          contract or otherwise and whether the date for
market price or at its face value, which ever is less. The     completion has or has not elapsed by notice in writing
market price of Government Papers would be ascertained         absolutely determine the contract in any of the following
by the Divisional Officer at the time of collection of         cases:
interest and the amount of interest to the extent of
deficiency in value of the Government paper will be
withheld if necessary.
                                                                         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 2: Govt. securities will include all form of    work is being performed in any inefficient or otherwise
securities mentioned in Rule NO. 274 of the GF. Rules          improper or unworkman like manner shall omit to
except fidelity bond. This will be subject to the              comply with the requirements of such notice for a period
observance of the condition mentioned under the ru Ie          of seven days thereafter or if the contractor shall delay
against each form of Security.                                 or suspend the execution of the work so that either in the
                                                               judgement of the Engineer-in-Charge (which shall be
                                                               final and binding) he will be unable to secure completion
                                                               of the work by the date for completion or he has already
          CLAUSE 2: The time allowed for carrying out          failed to complete the work by that date,
of the work as entered in the tender shall be strictly be
observed by the contractor and shall be deemed to be of                  ii) If the contractor being a company shall pass
the essence of the contract on the part ofthe contractor and   a resolution or the court shall make an order that the
shall be reckoned from the Tenth day after the due date on     company shall be wound up or if a receiver or a manager
which the order to commence the work is issued to the          on behalf a creditor shall be appointed orif
contractor. The work shall throughout the stipulated           circumstances shall arise which entitle the court or
period of the contract be proceeded with all the deligence     creditor to appoint a receiver or a manager or which
and the contractor shall pay as compensation an amount         entitle the court to make a winding up order.
equal to one per cent or such smaller amount as the
superintending Engineer (whose decision in writing shall
be final) may decide on the amount of the estimated cost                iii) If the contractor commits breach of any
of the whole work as shown in the tender, for every day        of the terms and conditions of this contract.
                                              45     Nellore NIT 2
that the work remains un commenced or unfinished after                       iv) If the contractor commits any acts
the proper dates. And further to ensure good progress               mentioned in Clause 2 I hereof.
during the execution, of all the work, the contractor shall
be bound in all cases in which the time allowed for any                       When the contractor has made himself liable
work exceeds, onemonth(save for special jobs) to                    for action under any of the cases aforesaid, the Engineer-
complete one eighth ofthe whole of the work before one              in-Charge on behalf of the BSNL shall be have powers.
fourth of the whole time allowed under the                          a) To determine or rescind the contract as aforesaid (of
                                                                    which termination or recission notice in


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 certified          use as on hire (the amount of the hire money being also
by the Engineer-in-Charge shall be fmal and conclusive              in the final determination of the Engineer-inCharge) all
against the contractor) and crediting him with the value            or any tools, plant materials and stores, in or upon the
ofthe work done in all respects in the same manner and at           works, or the site thereof, belonging to the contractor, or
the same rates as if it had been carried out by the                 procurred by contractor and intended to be used for the
contractor under the terms of the contract. The certificate         execution of work in any part thereof, paying or
of the Divisional Officer as to the value of the work done          allowing for the same in account at the contract rates, or
shall be final and conclusive against the contractor,               in the case of these not being applicable at current
provided always that action under the sub clause shall              market rates to be certified by the Engineer-in-Charge,
only be taken after giving notice in writing to the                 whose certificate thereof shall be final, otherwise the
contractor. Provided also that if the expenses incurred by          Engineer-inCharge by notice in writing may order the
the BSNL are less than the amount payable to the                    contractor or his clerk ofthe works, foreman or other
contractor at his agreement rates, the difference should            authorised agent to remove such tools, plant, materials,
not be paid to the contractor.                                      or stores ITom the premises (within and a time to the
                                                                    specified in such notice), and in the event of the
                                                                    contractor
          c) After giving notice to the contractor to           .   failing to comply with any such requisition, the
measure up the work of the contractor and to take such              Engine_r-in-charge may remove them at the contractor's
part thereof as shall be unexecuted out of his hand and to          expense or sell them by auction or private sale on
give it to another contractor to complete 1l1 which case            account of the contractor and at his risk in all respects
expenses which may be incurred in excess of the sum                 the certificate of the Engineer-inCharge as to the
which would have been paid to the original contractor if            expense of any such removal and the amount of the
the whole work has been executed by him( of the amount              proceeds and expense of any such sale shall be final and
of which excess the certificate in writing of the Engineer-         conclusive against the contractor.
in-Charge shall be final and conclusive) shall be borne
and paid by the original 90ntractor and-may be deducted
ITom any money due to him by BSNL under the contract                           CLAUSE 5:        I f the contractor shall
or on any other account whatsoever or from his security             desire an extension oftime for completion of work on the
deposit or the proceeds of sales thereof or a sufficient part       grounds of his having been unavoidably hindered in its
there of as the case may be.                                        execution or on any other ground he shall apply in
                                                                    writing to the Engineer-in-Charge within 30 days of the
                                                                    date of hindrance on account of which he desires such
        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
                                               46    Nellore NIT 2
,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 the              certificate of completion indicating defects (a) to be
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 non          complete until the
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
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 the                  as an admission of the due performance of the contract,
purpose of the execution thereof and not until the work                   or any part there of in any respect of the accuring of
shall have been measured by the Engineerin-Charge. If                     any claim nor shall, it conclude determine or affect in
the contractor shall fail to'Comply with the requirement of               any ways the powers of the Engineer-in-Charge under
this Clause as to removal of scaffolding, surplus materials               these conditions or any ofthem as to the final settlement
like the rubbish and huts and sanitary arrangements as                    and adjustment of the account or other wise or in any
aforesaid and cJeaning off dirt on or Defore the date fixed               other way vary or affect the contract. The final bill shall
for the completion of the work, the Engineer-in-Charge                    be submitted by the contractor within one month of the
may at the Expenses of the contractor remove such                         date fixed for completion of the work or ofthe date of the
scaffolding or surplus materials the rubbish, etc., and                   certificate of completion furnished by the Engineer-in-
dispose of the things fit and clean off such dirt as                      Charge and payment shall be made within three months
aforesaid; the the contractor shall have no claim in respect              if the amount of the contract plus that of the additional
of any such scaffolding or surplus materials as aforesaid                 items is upto Rs.2 Lakhs and in 6 months if the same
except for any sum actually realised by the sale thereof.                 exceeds Rs. 2 lakhs ofthe submission of such. bill.
                                                                          Ifthere shall be any dispute about any item or items of
                                                                          the work then the undisputed item or items only shall be
          CLAUSE 6A: This splashes and dropping from                      paid within the said period of three months or six
 white washing, color washing, painting, etc. on walls,                   months as the case may be. The contractor shall submit a
 floors, doors, windows, etc. shall be removed and the                    list of the disputed items within thirty days from
 surface cleaned simultaneously with the                                  disallowance thereof and if he fails to do this, his claims
. completion of these items of work in the individual,                    shall be deemed to have been fully waived and
                                                       47      Nellore NIT 2
 rooms, quarters or premises etc. where the work is done         absolutely extinguished.
 without waiting for the actual completion of all the other
 items of work in the contract in case the contractor fails to             "Whenever there is likely to be delay in"
 comply with the requirements_of this Clause, the                recording the details measurements for making a running
 Engineer-in-Charge shall have the right to get this work        payment in the case of residential buildings advance
 done at the cost ofthe contractor either departmentally or      payments without detailed measurements of work done
 through another agency. Before taking such action, the          (other than foundation and finishing items) upto (a)
 Engineer-in-Charge shall give ten days notice in _Titing        lintel level (including sun shades etc) (b) slab level, for
 to the contractor.                                              each floor, worked out at 75% of tendered rates may be
 "                                                               made in running account bills by the Engineer-in-Charge
                                                                 at his discretion on the basis of a certificate from the
           CLAUSE 6B : The contractor shall submit the           Asst. Engineer to the effect that the work has been
 completion plan as required vide General specification for      completed upto the level in question.
 Civil/elec. Works (Part I Interal) 1972 and (part II
 External) 1974 as applicable within thrity days of the
 completion of the work                                                    CLAUSE 8: A bill shall be submitted by the
          In case, the contractor fails to submit completion     contractor each month on or before the date fixed by the
 plan as aforesaid he shall be liable to pay a sum               Engineer-in-Charge for all works executed in the
 equivalent to 2.5% of the value of the work subject to a        previous months and the Engineer-in-charge shall take
 ceiling of Rs. 2,500 (Rupees Two thousand and five              or cause to be taken the requisite measurements for the
 hundred only) as may be fixed by the superintending             purpose of having the same verified and the claim, as far
 Engineer Civil/Elec. concerned and in this respect the          as admissible, adjusted as far as .possible, before the
 decision of the superintending Engineer shall be final and      expiry of ten days from the presentation of the bill. If the
 binding on the contractor.                                      contractor does not submit the bill within the time fixed
                                                                 as aforesaid the Engineer-inCharge may depute within
                                                                 seven days of the date fixed as foresaid, a subordinate to
           CLAUSE7: No payment shall be made for a
                                                                 measure up the said work in the presence of the
 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 and
                                                                 list will be sufficient warrant, and the Engineer_in-
 certificate of completion given. But in the case of work
                                                                 Charge may prepare a bill from such list which shall be
 estimated to cost more than rupees five thousand, the
                                                                 binding
 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 or       all stores/materials so supplied to the contractor or
 a subordinate d_puted by him shall give reasonable notice       procure<;i with the assistance of the Govt. shall remain
 to the contractor. If the' contractor fails to attend the       the absolute property of the Government and the
 measurements after such notice or fails to countersign or       contractor shall be trustee of the store/materials and the
 to record the difference within a week from the date of         said stores/ materials shaH not be removed/disposed of
 measurement in the manner required by the Engineer-in-          from the site of work on any account and shall be at aH
 Charge then in any such event the measurements taken by         times open to inspection by the Engineer-in-charge. Any
 the Engineer-in-Charge or by the subordinate deputed by         such stores/materials remaining unused shall be returned
 him as the case may be shall be final and binding on the        to the Engineer-in-charge at a place directed by him ifby
 contractor and the contractor shall have no right to dispute    a notice by him he shaH so require but in case it is
 the same.                                                       decided not to take back the store/materials the
                                                                 contractors shall have no claim for the compensation on
                                                48    Nellore NIT 2
                                                                        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 the         shaH be final and conclusive. In the event of breach of
    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 to              supply or nonsupply there-of all any such matedals and
    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
             Nothing herein contained shall operate to create           bound to execute the entire work if the materials are
    in favour of the bank any rights of equities vis-avis the           supplied by the BSNL within the schedule time for
    BSNL.                                                               completion ofthe work plus 50% there of schedule time
                                                                        plus 6months if the time of completion of the work
                                                                        exceeds 12 months but if a part only of the materials has
          . CLAUSE 10 : Stores supplied by BSNL If the
                                                                        been supplied within the aforesaid period then the
    specification or schedule of items provided for the use of          contractor shall be bound to do so much .of the work as
    any special description of materials to be supplied from            may be possible with the materials and stores supplied in
    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 the         work, the contractor shaH be entitled to such extension
    Engineer-in-charge as shown in the schedule of materials            of time as may be as may be determined by the
    hereto annexed, the contractor shall be bound to procure            Engineer-in charge whose decision in this regard shall
    and shall be supplied such materials and stores as are              be final.
    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
                                                   49    Nellore NIT 2
the Engineer-in-charge may cause the same to be supplied      Engineer-in-charge's stores in accordance with Clause
and all costs which may attend such removal by the            10 hereof) and of labour engaged on the execution of 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 and/or               The contractor shall for the purpose of this
protected against damage by weather or other causes but       conditions keep such books of account and other
which have not at the time of advance been incorporated       documents as are necessary to show the amount of any
in the works. When materials on account of which an           increase claimed or reduction available and shall .
advance has been made under this sub-clause are               allow inspection of the same by a duly authorised
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 any        request of the Engineer-in-charge furnish, verified in
of the clause or clauses of this contract.                    such a manner as the Engineer-in-charge may require
                                                              any documents so kept and such other information as the
                                                              Engineer-in-charge.may require.
          CLAUSE (0 c: If during the progress of the
work the price of any materials incorporated in the works
(not being a material supplied from the Engineer-in-
charge, stores in accordance with clause 10 hereof) and/of              The contractor shall with a reasonable time of
wages of labour increases as a direct result of the coming    his becoming aware of any alteration in the price of any
into force of any fresh law of statutory rule or order (but   material and/or wages of labour give notice thereof to
not due to any changes in sales tax) and such increase        the Engineer-in-charge stating that the same is given
exceeds ten percent.                                          pursuant to this condition together with all information
of the price and or wages prevailing at the time of receipt   relating thereto which he may be in a position to supply.
of the tender for the work and the contractor thereupon
necessarily and properly pays in respect of that material
                                                                       If the labour Ministry decided to enforce the
(incorporated in the works) such increased price and or in
                                                              provision of the contract labour Act for payment of the
respect of labour engaged on the execution ofthe work at
                                                              same to contract labour as that of the labbur employed
such increased wages then the amount of the contract
                                                              by the Principal Employer. Viz. P & T that wages
shall accordingly be varied provided always that any
                                                              described in the schedule for fair wages attached with
increase so payable is not, in the opinion of the
                                                              the tender would stand revised and .the difference of
superintending Engineer (whose decision shall be final
                                                              wages then payable would be borne entirely by the
and binding) attributable to delay in the execution of the
                                                              BSNL less the first 10% as per Clause 10-C of the
contract' within the control ofthe contractor.
                                                              agreement.



Provided, however, no reimbursement shall be made if the
                                                                        Clause 10 (cc) : Ifthe prices of materials (not
increase is not more than 10% of the said prices/wages
                                                              being materials supplied or services rendered at
and if so the reimbursement shall be made only on the
                                                              fixed.prices by the BSNL in accordancewith clauses 10
excess over 10% and provided further that any such
                                                              and 34 hereof) and / or wages of labour required for
increase shall not be payable if such increase has become     execution of the work increase, the contractor shall be
operative after the contract or extended date of              compensates for such increase as per prcivisions detailed
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 labour      only for the work done during the stipulated perio.d of
                                                              the contractor including such period for which the
                                             50     Nellore NIT 2
is decreased as a direct result of 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
                                                                value ofwork.
labour, when due, shall be worked out based on                  Ml&Ml0
                                . the   following provisions.
          (l) The base data for working out such escalation
                                                                All India whole sale index for all commodities of the
  shall be the last date on which tenders were stipulated to
                                                                period under reckoning. as published by the Economic
                                               be received.
                                                                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 the      WX Z x (FI-Flo)
value of materials, supplied under clause 10 of this                100 Fl0
contract or services rendered at fixed charges as per
clause 34 of this contract, and proposed to be recovered in     \   V=
                                                                    F
the particular bill, shall be deducted before the amount of
compensation of escalation. is worked out in the case of        VF
materials brought to site for which any secured advance is
included in the bill, the full value of such materials as       Variation in cost of fuel, oil and lubricant, increase or
assessed by the Engineer-in-charge (and not the reduced         decrease in rupees to be paid or recovered.
amount for which secured advance has been paid) shall be        Value of work done worked out as indicated insuch para
included in the cost of work done for operation of this         2 above.
clause. Similarly when such materials are incorporated in
                                                                Compensation of P.O.L. expressed as a percent of total
the work and the secured advance is deduced from the
                                                                value of work as indicated under the speciil conditions
bill, the full assessed value of the materials originally
                                                                of contract.
considered for operation of 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
                                                                    WzAverage, index number of
prevailing market rates.
          (3) (a) The components or materials, labour           wholesale price for group (fuel power4 light and
P.O.L. etc. has been pre-determined for every work and          lubricants) as published weekly by the Economic
incorporated in the conditions of contract attached to the      Adviser to Govt. of
tender papers and the decision of the Engineer-in-charge        India. MIO. Industry for the period under reckoning, and
in working out such percentages shall be binding on the         that valid at the time of receipt of tenders, respectively.
contractor.                                                            5) The following principles shaH be followed
         (b) The components of material labour as               while working out the indices mentioned in para 4
indicated in para 3 of subclause 1 O( cc) have been pre-        above.
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
75 percent (X) 25 percent(Y)                                    respect to the cost of work done during the three
                                                                calendar months of the said quarter. The first such
                                                                payment shall be made at the end of three months after
Total
                                                                the month (excluding) in which the tender was accepted
100                                                             and thereafter at three months interval. At the time of
                                                                completion of the work, the last period for payment

                                                 51   Nellore NIT 2
        (4) The compensation for escalation for materials           might become less than 3 months, . depending on the
and P.O.L. shall be worked out as per the formula given             actual date of completion.
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
VM                                                                  calendar months. If the period upto date of completion
                                                                    after the quarter covered by the last such instalment of
Variation inmaterials cost i.e., increase or decrease in the        payment is less than 3 months the index M 1 and F 1
amount in rupees to be paid or recovered.                           shall be the average ofthe indices for the months falling
Cost or work done worked out as indicated in sub para 2             within that period.
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
                                                                    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, as       shall be at liberty to dispose the empty bags.
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 notified          decision shall be final and binding attributable to delay
by Govt. of India, M/O Labour and those notified by the             in executing of work within the control of the contractor.

                                                  52     Nellore NIT 2
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 at   of accounts and other documents for the purpose of this
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 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
wages of labour required for execution of work                  whole and every part of the work in the .most substantial
decrease(s) there shall be downward adjustment of the           and workman like manner and both as regards materials
cost of work so that such price of materials and! or wages      and otherwise in eVery respect in strict accordance with
oflabour shall be.deductable from the cost of work under        the specifications. The faithfully to the designs,
this contract and in this regard the formula herein before      drawings and instructions in writing in respect of the
stated under this clause 10 (cc) shall mutatis mutandis         work signed by the Engineer-in-charge and the contractor
apply, provided that.                                           shall be furnished free of charge one copy of the specification
          (i) no such adjustment for the decrease in the        and of all such design, drawings and instructions as
price of materials and or wages of labour afore mentioned
would be made in case of contracts in which the stipulated
period of completion of the work is six months or less:         cost of the above portion of work put to tender.
are not included in the Central Public Works Department
compilation entitled "Specifications 1996 Vol. r to VIwith
upto date correction slips or                                             (iv) If the rates for the altered, additional or
any other printed publication on General Specifications         substituted work cannot be determined in the manner
referred to elsewhere in the contract.                          specified in sub-clauses (i) to (ii) above, then the rates
                                                                for such work shall be worked out on the basis of the
           CLAUSE 12: The Engineer-in-charge shall have         schedule of rates of the concerned work specified above
power to make any alter.ations in ommission from,               minus/plus the percentage as mentioned in clause 12 (iii)
additions to or substitutions for, the original                 above which the total tendered amount of the concerned
specifications, drawings, designs and instruction that may      component work to the estimated cost of the entire work
appear to him to be necessary during the progress of the        put to tender. Provided always that if the concerned
work and contractor shall carry out the work in                 component rate for a particular part or parts ofthe item is
accordance with any instructions which may be given to          not in the schedule of Rates, the rate for such part or
him inwriting signed by the Engineerin-charge, and such         parts will be determined by the Engineer-in-charge on
alterations, omissions, additions or substitutions shall not    the basis of the prevailing market rates when the work
invalidate the contract and any altered, aliditional or         was done.
substituted work which the contractor may be directed to
do in themanner above specified as part of the work shall                 v) If the rates for the altered, additional or
be carried out by the contractor on the same conditions in      substituted work cannot be determined in the manner,
all respect on which he agreed.to do the main work. The         specified in sub-clauses (i) to (iv) above, then the
time for the completion of the work shall be extended in        contractor shall within 7 days of the date of receipt of
the proportion that the altered, additional or substituted      order to carry out the work, inform the Engineerin-
work bears to the original contract work' and the               charge of the rate which it is his intention to charge for
certificate of the Engineer-in-charge shall be conclusive       such class of work, supported by analysis of the rate or

                                               53    Nellore NIT 2
as to such proportion. Over and above this, further period                rates claimed, and the Engineer-in-charge shall
to the extent of 25 percent such extensions shall be                      determine the rate or rates on the basis ofprevailing
allowed to the contractor. The rates for such additional,                 market rates and pay the contractor accordingly.
altere_ or substituted work under this clause shall be                    However the Engineer-in-charge, by notice in writing,
worked out in accordance with the following provisions in                 will be at liberty to cancel his order to carry out such
their respective order                                                    class of work and arrange to carry it out in such manner
                                                                          as he may consider advisable. But under no
                                                                          circumstances the contractor shall suspend the work on
          (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 work
                                                                          the clause.
the contractor is bound to carry out the additional altered
or substituted work at the same rates as are specified in
the contract for the work.                                                         (vi) Except in case of items relating to
                                                                          foundations, provisions contained in sub-clause(i) to (v)
          (ii) If the rates forthe additional, altered or                 above shall not apply to contract or substituted items as
substituted work are not specifically provided in the                     individually exceed the percentage set out in the tender
contract for the work, the rates will be derived from the                 documents (referred to herein below as deviation limit),
rates for a similar class of work as are specified in the                 subject to the following restrictions :
contract for the work.
                                                                                    (a) The deviation limit referred to above is the
                                                                          act effect(algebrical sum) of all additions and deductions
              (iii) If the altered, additional or substituted             ordered.
works include any work for which no rate is specified in
the .contract for the work and cannot be derived from the                          _(b)  In no case shall be additions/deductions
similar class of. work in the contract, then such work shall              (arithmetical sum) exceed twice the deviation limit.
be carried out at the rates entered in C.P.W.O. Schedule
of rates..................................................applicable to
..............for part A & B items ofworks.                                        (c) The deviations ordered on items of any
                                                                          individual trade not already included in the contract shall
                                                                          not exceed plus/minus 50% ofthe value ofthat trade in
(a) CPWO schedule of rates for building portion                           the contract as a whole or half the deviation limit,
minus/plus... .. . .. . percentage which the total tendered               whichever is less.
amount of the concerned component work bears to the
estimated cost of tlJ.e concerned component work put to
tender.                                                                            (d) The value of additions of item of any
                                                                          individual trade not already included in the contract shall
                                                                          not exceed 10% of the deviation limit.
           (b) CPWD schedule of rates at Minus/Plus .. . ... .. . . ..
. .. percentage which the total tendered amount of the sanitary,
water supply and drainage portion bears to the estimated cost of                   NOTE: "Individual trade" means the trade
the above portion of work put to tender.                                  sections into which a schedule of quantities annexed to
                                                                          the agreement has been divided or in the absence of any
                                                                          such division, the individual sections of the C.P. W.O.
         (c)       CPWD          schedule     of      Rates     for
                                                                          schedule of Rates specified above, such as
Minus/Plus . .. . .. .. ... percentage for which the total tendered
                                                                          regard to the prevailing market rates.
amount ofthe 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 deviation
                                                                          specified in the tender to be carried out the Engineerin-
limit shall be determined to in accordance with the
                                                                          charge shall give notice in writing of the fact to the
provisions contained in Clause 12A.
                                                                          contractor who shall have no claim in any payment of
                                                                          compensation whatsoever on account of any profit or
         For the purpose of operation of clause 12(iv) the                advantage which he might have derived from the
following works shall be treated as works relating to                     execution of the work in full, but which he did not
foundations:                                                              derive in consequence of the full amount of the work not
         (a) For buildings, plinth level or 1.2 metres
                                                       54     Nellore NIT 2
above ground level whichever is lower, excluding items           having been carried out, neither shall he have any claim
above flooring and D_P.C. but including base concrete            for compensation by reason of any alterations having
below the floors.                                                been made in the original specifications drawings,
                                                                 designs and instructions which shall involve any
          (b) For abutments piers, retaining walls of            curtailment of the work as originally contemplated.
culverts and bridges walls of water reservoirs the bed of
floor level.
          (c ) For retaining wall where floor level is not                Provided that the contractor shall be paid the
                                                                 charges on the cartage only of materials actually and
determinate 1.2 metres above the average ground level of
                                                                 bonafide brought to the site of the work by the
bed level.
                                                                 contractor and rendered surplus as a result of the
                                                                 abandonment or curtailment of the work or any portion
         (d) For roads, all items of excavation and filling
                                                                 thereof and then taken by the contractor, provided
including treatment of sub-base and soiling work.
                                                                 however, that the Engineer-in-charge shall have in all
                                                                 such cases the option of taking over all or any such
         (e) For water supply lines, sewer lines, under ground
                                                                 materials at their purchase price or at local current rates
storm water drains and similar works, all items of work below
                                                                 whichever may be less.
ground level except items of pipe work proper, masonary work.
          (f) For open storm water drains all items of work
except lining of drains.                                                  In the case of such stores having been issued
                                                                 from BSNL stores and returned by the contractor to
          CLAUSE 12A: In the case of contract or                 BSNL stores, credit shall be given to him by the
substituted items, or additional items which result in           Engineer-in-charge at rates not exceeding those at which
exceeding the limits laid down in Sub-Clause (vi) of             they were originally issued to him, after taking into
Clause 12 except the items relating to foundation work,          consideration and deduction for claims on account of
which the contractor is required todo under clause 12            any deterioration or damage while in the custody of the
above, the contractor shall, within 7 days from the receipt      contractor and in this respect the decision of the
of order, claim revision of the rate supported by proper         Engineer-in-charge shall be final.
analysis in respect of such items for quantities in excess
of the deviation limit, not withstanding the fact that the
rates for such items exist in the tender for the main work                 CLAUSE 14 : If it shall appear to the Engineer-
                                                                 in-charge or his subordinate in charge of
or can be derived in accordance with the provisions of
                                                                 the work or by the chief Technical Examiner, that any
sub-clause (ii) of Clause 12, and the Engineer-in-charge
                                                                 work has been executed with unsound, imperfect, or
may revise their rates,. having regard to the' prevailing
                                                                 unskilful workmanship or with materials of any inferior
market rates and the contractor shall be paid in
                                                                 description, or that any materials or articles provided by
accordance with the rates so fixed. The Engineer-in-
                                                                 him for the execution of the work are unsound or of a
chargeshall, however, be at liberty to cancel his order to
                                                                 quality inferior to that contracted for or otherwise not in
carry out such increased quantities of work by giving
                                                                 accordance with the contract, the contractor shall on
notice in writing to the contractor and arrange to carry it
                                                                 demand in writingwhich shall be made within six
out in such manner as he may consider advisable. But
                                                                 months of the completion ofthe work from the Engineer-
under no circumstances the contractor shall suspend the
                                                                 in-charge specifying the work, materials or articles
work on the plea of non-settlement of rates of items
                                                                 complained of not withstanding that the same may have
falling under this clause.                                       been passed, certified and paid for forthwith rectify, or
          All the provisions of the proceeding paragraph         remove and reconstruct the work so specified in whole
shall equally apply to the decrease in the rates of iteins for   or in part, as the case may require or as the case may be
quantities in excess of the deviation limit, notwithstanding     remove the materials or articles so specified and provide
the fact that the rates forsuch items exist in the tender for    other proper and suitable materials or articles at his own
the main work or can be derived in accordance with the           proper charge and cost; and in the event of his failing
provisions of subclause (ii) of the preceeding clause 12,        todo so within a period to be specified by the Engineer-
and the Engineer-in-charge may revise such rates having          in-charge in his demand aforesaid, then the contractor
                                                                 shall be liable to pay compensation at the rate of one
                                                                 percent on the estimated amount put to
tender for everyday not exceeding ten days, while his
                                                                 same good at his own expense, or in default the
                                                55    Nellore NIT 2
failure to do so shall continue and in the case of             Engineer-in-Charge may cause the same to be made
any such failure, the Engineer-in-charge may rectify or        good by other workmen and deduct the expense from
remove and reexecute the work or remove and replace            any sums that may be due or at any time thereafter may
with others, the materials or articles complained of as the    become due to the contractor or from security deposit,
case may be at the risk and expense in all respects of the     except for the potion pertaining to asphaltic work which
contractor.                                                    is governed by sub para (iii) of Clause 35 or the
                                                               proceeds of sale thereof or of a sufficient portion
                                                               thereof. The security deposit of the contractor, except for
           CLAUSE 15 : All work under or in course of          the portion pertaining to asphaltic work which is
execution or executed in pursuance of the contract shall at    governed by sub para (iii) of Caluse 35, shall not be
all times be open to inspection and supervision of the         refunded before the expiry of twelve months (six months
Engineer-in-charge and his authorised subordinates, and        in the case of any work other than road work costing Rs.
the contractor shall at all times during the usual working     1,00,000 and below) after the issue of the certificate
hours and at all other times at which reasonable notice of     final or otherwise, of completion of work, or till the final
the intention of the Engineer-in-charge or his subordinate     bill has been prepared and passed whichever is later.
to visit the works shall have been given to the contractor,    Provided that in the case of road work, if in the opinion
either himselfthe present to receive order and instructions,   of the Engineer-in-Charge half of the security deposit
or have a responsible agent duly accredited in writing         will be refundable after six months and the remaining
present for that purpose. Orders given to the contractor's     half after twelve months ofthe issue ofthe said certificate
agent shall be considered to have the same force as if they    of completion or after the final bill has been prepared
had been given to the contractor himself. The work during      and passed whichever is later.
its progress can also be inspected by the chief Technical
Examiner on behalf of the Engineer-inCharge.
                                                                         CLAUSE 18: The contractor shall supply and
                                                               provide at his own cost all materials, (except such
                                                               special materials, if any, as may in accordance with the
         CLAUSE 16: The contractor shall give not less         contract be supplied from the Engineer-inCharge's
than seven days notice in writing to the Engineerin-           stores) plant, tools, applicances, implements, ladders,
Charge or his authorised subordinate in charge of the          cordage, tackle, scaffolding and temporary works
work before covering up of otherwise placing beyond the        requisite or proper for the proper execution of the work,
reach of measurements any working order that the same          whether original, altered or substituted and whether
may be measured and correct dimensions thereof be taken        included in the specification or other documents forming
before the same is so covered up or placed beyond the          part of the contract or referred to in these conditions or
reach of measurement and shall not cover up and place          not, or which may be necessary for the purpose of
beyond the reach of measurement any work without the           satisfying or complying with the requirements of the
consent in writing of the Engineer-in-charge or his            Engineer-inCharge as to any matter as to which under
authorised subordinate in charge of the work who shall be      these condition he is entitled to be satisfied or wh.ich he
covered up or placed beyond the reach of measurement           is entitled to require together with carriage therefore to
without such notice having been given or the Engineer-in-      and from the work. The contractor shall also supply
Charge's consent being obtained the same shall be              without change the requisite number of persons with the
uncovered at the contractor's expense, or in default there     means and materials, necessary for the setting out works,
of no. payment or allowance shall be made for such work        and counting, weighing and assisting in the
or the materials with which the same was executed.             measurement or examination at any time and from time
                                                               to time of the work or materials. Failing his so doing the
                                                               same may be provided by the Engineer-incharge at the
          CLAUSE 17: If the contractor or his working
                                                               expense of the contractor and the expense may be
people or servants shall break, deface injure or destroy
                                                               deducted, from any money due to the contractor under
any part of building in which they may working of any
                                                               the contract and/of from his security deposit or the
building, road, road Kerb, fence, enclosure, water pipe,
                                                               proceeds of sale thereof, of or a sufficient portions
cables, drains, electric telephone post or wires, trees,
                                                               thereof.
grass, grassland or cultivated ground contiguous to the
premises on which the work or any part of its is being
executed, or if any damages shall happen to the work
while in progress, from any cause whatever or, if any                   CLAUSE 18 A: In every case in which by
defect, shrinkage or other facts appear in the work within     virtue of the provisions of Section 12, sub-section(i) of

                                              56     Nellore NIT 2
 twelve months (6 months in the case of any work other            the Workmen's Compensation Act 1923 BSNL is
 than road work costing Rs. 1,00,000 and below) after a           obliged to pay compensation to a workman employed by
 certificate final or otherwise of its completion shall have      the contractor, in execution of the works. BSNL will
                                                                  recover from the contractor the amount of the
 been given by the Engineer-in-Charge as aforesaid arising
                                                                  compensation so paid; and without prejudice to the
 out of defective or improper materials of workmanship
                                                                  rights of the BSNL under Section 12 sub-section (ii) of
 the contractor shall upon's leceipt of a notice in writing on
                                                                  the said Act. BSNL shall be at liberty to recover such
 that behalf make the
                                                                  amount or any part thereofby deducting it from the
                                                                  security deposit or from any sum due by BSNL

  to the contractor whether under this contract or otherwise
  BSNL shall not be bound to contest any claim made               any amount from the minimum wage payable to the
  against it under section 12, sub-section (i) of the said Act,   workmen as and by way of commission or other wise.
  except on the written request of the contractor and upon
  his giving to BSNL full security for all costs for which                 The contractor shaH ensure that no amount by
  BSNL , might become liable in consequence of contesting         way of commission or otherwise is deducted or
  such claim.                                                     recovered by the Jama_ar from the wage ofworkmen.
            CLAUSE 18 B: In every case in which by virtue
  of the provisions of the Contract Labour (Regulation and
  Abolition) Act 1970 and of the Contract Labour                            (b) The contractor shall, not withstanding the
  (Regulation and Abolition) Central Rules, 1971 BSNL is          provisions of any contract to the contrary, cause to be
  obliged to pay any amounts of wages to a workman                paid fair wage to labour indirectly engaged on the work,
  employed by the contractor in execution of the works, or        including any labour engaged by his subcontractors in
  to incur any expenditure in providing welfare and health        connection with the said work, as if the labour had been
                                                                  immediately employed by him.
  amenities required to be provided under the above said
  Act and the Rules, under Clause 19H or under the
  contractors' Labour Regulations, or under the Rules                       (c) In respect of all labour directly or indirectly
  framed by Government from time to time for the                  employed in the works for performance of the
  protection of                                                   contractor's part of this agreement the contractor shall
I health and sanitary arrangement for workers employed by         comply with or cause to be compiled with the
  the contractors BSNL will recover form the contractor the       Contractors Labour Regulations made by Government
  amount of wages so paid or the amount of expenditure so         from time to time in regard to payment of wages, wage
  incurred; and without prejudice to the rights of the BSNL       period deductions from wages, recovery of wages not
  under section 20 sub section (2) and section 21, sub            paid and deductions unauthorisedly made; maintenance
  section (4) of the contractor Labour (Regulation and            of wage book_ or wage slips, publications of scale of
  Abolition) Act 1970. BSNL shall be at liberty to recover        wages and other terms of employment inspection and
  such amount of any part thereof by deducting if from the        submission of periodical returns and all other matters of
  security deposit of from any sum due by BSNL to the             the like nature or as per the provisions of the Contract
  contractor whether under this agreement otherwise BSNL          Labour (Regulation and Abolition) Act, 1970 and the
  shall not be bound to contest any claim made against it         Contract Labour (Regulation and Abolition) Central
  under section 20, sub-section (l) and section 21, sub-          Rules, 1971, wherever applicable.
  section (4) of the said Act, except on the written request
  of the contractor and upon his giving to the BSNL full                    d) The Divisional Officer concerned shaH have
  security for all costs for which BSNL might become              the right to deduct the moneys due to the contractor any
  liable in contesting such claim.                                sum required or estimated to be required for making
          CLAUSE 19: The contractor shaIl obtain a valid          good the loss suffered by a women workers or by reason
 licence under the contract Labour (R&A) Act                      ofnon_fulfilment of the conditions of the contract for the
                                                                  benefit of the workers non-payment of wages or of
          1970 and the Contract Labour (Regulation and'           deductions made from his or their wages which are not
 Abolition) Central Rules, 1971 before the commencement           justified by their terms of the contract or non observance
 of the work and continue to have a valid licence until the       of the Regulations.
 completion of the work.
           Any Failure to fulfil this requirement shall
                                                                           e) The contractor shall comply with the
 attract the penal provisions of this contract arising out of     provisions of the payment of Wages, Act,1956
 the resultant non-execution of the work.                         Minimum Wages Act 1948, Employees Liability Act
                                                                  1938, Workmen's compensation Act 1936 Industrial
             CLAUSE 19A: No labourer below the age             Disputes Act 1947, Maternity Benefits Act 196 I
           of eighteen years shaH be employed on the work.     and the Contractor's Labour (Regulations and
                                                 57    Nellore NIT 2
                                                                     Abolition) Act 1970 or the modifications thereof or
                                                                                      -.


              CLAUSE 19B : Payment of wages: (a) The                 any other laws relating thereto and the rules made there
  -contractor shall pay to labour employed by him either             under from time to time.
   directly or through sub-contractors, wages not less than
   fair wages as defined in the contractor's Labour                          f) The Contractor shall indemnify BSNL
   Regulations or as per the provisions of the contract
                                                                     against payments to be made under and for the
   Labour (Regulations and Abolition) Act 1970 and the
   Contract Labour (Regulation and Abolition) central Rules          observance of the Laws aforesaid and the contractors,
   1971, wherever applicable. The contractor shall pay not           Labour Regulation without prejudice to his rightto claim
   less than fair wages as prescribed under minimum wages            indemnity fromhis sub-contractors.
   Act.

           Short Note: Supreme Court's observation dated                      (g) The regulations aforesaid shall be deemed
  18-9-1982:                                                         to be a part of this contract and any breach thereof shall
                                                                     be deemed to be a breach of this contract.
            Whatever is the minimum wage for the time being or
                                                                                CLAUSE 19C: In respect oflabour directly or
  if the wage payable is higher than such wage, shaH be paid by
                                                                     indirectly employed in the work for the performance of
  the _contractor to the workman directly without the intervention
                                                                     the contractors part of this agreement, the contractor
  of Jamadar and that Jamadar shaH not be entitled to deduct or
                                                                     shall at his own expense arrange for the safety
  recover
                                                                     provisions as per safety code framed time to time and
                                                                     shaH at his own expense provide from all.
                                                                     facilities in connection therewith. In case the contractor
  A plenty of Rs. 200 for each default and in addition the           fails to make arrangement and provide necessary
  Engineer-in-Charge shall beat liberty to make                      facilities aforesaid he shall be liable to pay
  arrangement and provide facilities as aforesaid and
  recover the costs incum_d in that behalf ITom the                  Shall be regulated as follows :
  contractor.                                                        1. LEAVE:
                                                                     (0 In case of delivery, maternity leave not exceeding 8
             CLAUSE 19D: The contractor shaH submit, by              weeks, 4 weeks upto and including the day of delivery
   the 4th and 19th of every month, to the Engineer-incharge         and 4 weeks following that day.
   a true statement showing, in respect of the second half of                 (i0 In the case of miscarriage uptCi 5 weeks
   the proceeding month and the first half of the current            from the date ofmiscarriage.
   month respectively:
   I) The number oflabours employed by him
                                                                     Maternity benefit rules for female workers employed by contractor
       on the work.
   2) Their working hours.
                                                                     2.PAY:
   3) The wages paid to them.
   4) The accidents that occurred during the said fortnight          (i) In the case of delivery... ... ... ..leavepay during
   showing the circumstances under which they happened               maternity leave will beat the rate of the women's average
   and the extent of damage and injury caused by them, and           daily earnings, calculated on the total wages earned on
5) The number offemale workers who have been allowed                 the days when full time work was done during a period
   Maternity benefit according to Clause 19F and the amount          of 3 months immediately preceeding the date on which
   paid to them.                                                     she gives notice that she expect to be confined or at the
            Failing which the contractor shall be liable t_          rate of Rupee one only a day which ever is greater.
  pay to BSNL a sum not exceeding Rs. 200 for each                            (ii) In case of miscarriage. . . . .. . . . .leave pay
  default of materially in correct statement. The decision of        at the rate of average daily earning calculated on the
  the Divisional Officer shall be final in deducting from any        total wages earned on the days when full time work was
  bill due to the contractor the amount levied as fine.              done during a period of 3 months immediately
  CLAUSE 19E: In respect of all labour directly or                   proceeding the date of such miscarriage.
  indirectly employed in the works for the performance of
  the contractor's .part of this agreement, the contractor
  shall comply with or cause to be complied with all the                  3. CONDITIONS FOR THE GRANT OF
  rules framed by Government from time to time for the               MATERNlTYLEAVE :
  protection of health and sanitary arrangements for
  workers employed by the BSNL (civil wing) and its                         No maternity leave benefit shall be admissible
  contractors.                                                       to a woman unless she has been employed for a total
                                                                     period of not less than 6 months immediately

                                                   58     Nellore NIT 2
                                                                      proceeding' the date on which she proceeds on leave. '
                                                                              4. The contractor shall maintain a Register of
                                                                      Maternity (Benefit in the prescribed form as shown
                                                                      below and the same shall be kept at the place of work.




                               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


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
                                                    59     Nellore NIT 2
 ___________________________
 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 contractor(s)        the Engineer-in-charge shall have the power to provide
 committing a default or breach of any of the provisions of      the amenities herein before mentioned at the cost of the
 the BSNL contractors Labour Regulations and Model               contractor(s). The contractor(s) shall errect, make and
 Rules, and Provision of the Central Labour (Regulation          maintain at his/their own expense according andlto
 and abolition Central Rules 1970 and contract labour (R         approved standards aII necessary huts and sanitary
 & A) Central Rules 1971 for the protection of health and        arrangements required for his/their work people on the
 sanitary arrangements for the workers as amended from           site in connection with the execution of the works and if
 time to time or furnishing any information or submitting        the same shall. not have been errected or constructed,
 or filing any statement under the provision of the above        according to approved standards the Engineer-in-charge
 Regulations and Rules which is materially incorrect,            shall have power to give notice in writing to the
 he/they shall without prejudice to any other liability pay      contractor( s) requiring that the said huts and sanitary
 to the BSNL a sum not exceeding Rs.200 for every                arrangements be
 default, breach or furnishing making, submitting, filing
 such materially incorrect statements and in' the event of       remodelled and/or reconstructed according to
                                                                                                         J
 the contractor(s) defaulting continuously in this respect,      approved standards, and if the contractor(s) shall
 the penalty may be enhanced to Rs.200 per day for each          fail to remodel or reconstruct such huts and sanitary
 day of default subject to a maximum of 5 percent of the         arrangement according to approved standards, within the
 estimated cost of the work put to tender. The decision of       period specified in the notice the Engineer-incharge shall
 the Engineer-in-charge shall be final and binding on the        have the power to remodel or construct such huts and
 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
  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                    I. (a) The minimum height of each pre-
  works people employed by the contractor(s) (hereinafter        fabricated dormitorie quarters for construction labour at
  referred as "the said Rules") the Engineer-in-charge shall     the caves level shall be 2.10 mt (7 ft) and the floor area
  have power to give notice in writing to the contractor(s)
                                                                 to be provided will be at the rate of2.7 sq.mt. (30 sq:ft.)
  requiring that the said Rules be
. 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
                                                60     Nellore NIT 2
within the period specified in the notice to comply with        cooking places having a minimum area of 1.80 m x 1.50
and observe the said Rules and to provide the amenities to      m       (6'x5'),adjacent  to      the    prefabricated
the work people as aforesaid,
                                                                domitories/quarters for construction labour for each
                                                                family.


(c) The contractor(s) shall construct
                                                                Authorities. If trenching or incineration is not al1owed,
sufficient number of bathing and washing places, one unit
                                                                the contractor(s) shall make arrangements for the
for every 25 person residing in camp. These bathing and
                                                                removal of the excreta through the Municipal
washing places, shall be suitably screened.
                                                                Committee/authority and inform it about the number of
                                                                labourers employee so that arraugements may be made
          (d) The contractor(s) shall also construct
                                                                by such committee/authority for the removal of the
temporary latrines and urinals, for the use of the labourers
                                                                excreta. All charges on this account shall beborne by the
each on the scale of not less than four per one hundred of
                                                                contractor and paid direct by him to the Municipality
the total strength, separate latrines and urinals being
                                                                authority. The contractor shall provide one sweeper for
provided for women.
                                                                every 8 seats in case of dry system.
          2. (a) All the pre-fabricated quarters/ dormitories
for construction shall have walls ofburnt brick laid in                   6. Drainage - The contractor(s) shall provide
mortar or other suitable local materials as may be              efficient arrangement for drainage away sullage water so
approved by the Engineer-in-charge. The external surface        as to keep the camp neat and tidy.
of walls shall be plastered with cement morta 1:6 (1                      7. The contractor(s) shall make necessary
cement: 6 fine sand). The plinth of pre-fabricated              arrangements for keeping the camp area sufficiently
dormitories/quarters for construction labour shall be at        lighted to avoid accidents to the workers.
least 150 mm above the surrounding ground. The flooring
shall be offlat bricks laid on well consolidated earth base.             8. Sanitation - The contractor(s) shall make
The roof slab laid with AC Sheet and wooden                     arrangements for conservancy and sanitation in the
runners/tabular sections. The contractor shall ensure that      labour camps according to the rules of the Local Public
throughout the period of their occupation the roofs remain      Health and Medical Authorities.
water-tight.
                                                                         CLAUSE 19-1 : The Engineer-in,charge may
                                                                require the contractor to dismiss or remove from the site
          (b) The contractor(s) shall provide each pre-         of the work any person or persons in the contractors'
fabricated dormitories quarters for construction labour         employ upon the work who may be incompetent or
with proper ventilation, consisting of windows of honey         misconduct himself and the contractor shall forth with
comb brick work just below the roof projection.                 comply with such requirements.

          (c) All doors windows and ventilators shall be                   CLAUSE 19-J: It shall be the responsibility of
provided with suitable battened and braced shutters for         the contractor to see that the building under construction
security purpose.                                               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             though completed, if occupied illegally then Engineer-
dormitories/quarters for construction labour which may be       incharge will have the option to refuse to accept the said
reduced to 6mt. (20ft.) according to the availability of site   building/buildings in that position and delay acceptance
with the approval of the Engineer-il1"-charge back to           on this account will be treated as delay in completion
back construction will be allowed.                              and for such delay upto 5% of the estimated cost put to
                                                                tender may be imposed by the Superintending Engineer
                                                                whose decision shall be final both with regard to the
         3. Water supply: The contrctor(s) shall provide        justification and quantum.
adequate supply of water for the use of labourers. The
provisions shall not be less than 2 gallons of pure and                  However the Superintending Engineer may
wholesome water per head per day for drinking purposes          require the contractor through a notice to remove the
and 3 gallon of clean water per head per day for bathing        illegal occupation any time on or before construction
and washing purpose. Where piped water supply is                and delivery.

                                               61    Nellore NIT 2
available, supply shall be at stand posts and where the
supply is from well or river, tanks which may be of metal
or masonary, shall be provided. The contractor(s) shall                   CLAUSE -20: The contractor shall comply
also at his/their own cost make arrangements for laying         with all the provisions of the Minimum Wages Act,
pipelines for water supply to his/their labour camp from        1948, Contract Labour (Regulation and Abolition) Act,
the existing mains 'wherever available, and shall pay all       1970 and rules framed there-under labour laws affecting
fees charges therefor.                                          contract Labour that may be brought into force from
                                                                time to time.
         4. The site selected for the camp shall be high
ground, removed fromjungle.
                                                                CLAUSE - 21 : The contract shall not be assigned or
                                                                sublet without the written approval of
          5. Disposal of Excreta .........................The   become insolvent or commence any insolvency for subletting
contractor(s) shall make necessary arrangements for the         this contract, or attempt so to do, or become insolvent or
disposal of excreta from the latrines by trenching or           commence any insolvey proceeding or make any composition
                                                                with creditors or attempt so to do, or if any bribe gratuity, or
incineration which shall be according to the requirements
                                                                otherwise, shall either directly or indirectly, be
laid down by the Local Health
                                                                of his duties as BSNL servant he had expressed view on
given promised or offered by the contractor, or any of his      all or any of the matters in dispute or difference. The
_ervants or agent to any public officer or person in the        arbitrator to whom the matter is originally referred being
employ o(BSNL in any way relating to his officer or             transferred or vacating his office or being unable to act
employment, or if any such officer or person shall become       fOf any reason, such Chief Engineer or administrative
in any way directly or indirectly interested in the contract,   head as aforesaid at the time of such transfer, vacation of
the Engineer-in-charge on behalf of the BSNL shall have         office or inability to act shall appoint another person to
power to adopt any of the course specified in Clause "3 as      act as arbitrator in accordance with the terms of the
he may deem, best suited in the interest of the BSNL and        contract. Such persons shall be entitled to proceed with
in the event of any of these courses being adopted the          the reference from the stage at which it was left by his
consequences specified in the said Clause 3 shall ensure.       predecessor. It is also a term of this contract that no
                                                                person other than a person appointed by such Chief
         CLAUSE 22 :c All sums payable by way of                Engineer or administrative head of the civil wing, as
compensation under any of these conditions shall be             aforesaid should act as arbitrator and if for any reason,
considered as reasonable compensation to be applied to          that is not to be referred to arbitration at all. In all cases
the use of BSNUwithout reference to the actual loss or          where the ambunt ofthe claim dispute is Rs.75,000
damage sustained and whether or not any damage shall            (Seventy five thousand) and above the
have been substained.
                                                                arbitrator shall give reasons for the award.
         CLAUSE 23 : Where the contractor is a                  ,.
partnership firm, the previous approval in writing of the                 Subject as aforesaid the provisions of the
Engineer-in_charge shall be obtained before any change          Arbitration and concialation Act,1996, or any statutory
is m(!pe in the constitution of the firm. Where the             modification or re-enactment thereof and the rules made
contractor is an individual or a Hindu undivided family         thereunder and for the time being in force shall apply to
business concerp such approval as aforesaid shall likewise      the arbitration proceeding under this Clause.
be obtained before the contractor enters into any                        It is a term of the Contract that the party
partnership agreement where under the partnership firm          invoking arbitration shall specify the dispute or disputes
would have the right to carry out the work hereby               to be referred to arbitration under this clause together
undertaken by the contractor. If previous approval as           with the amount or amounts claimed in respect of each
aforesaid is not obtained, the contract shall be deemed to      such dispute.
have been assigned in contravention of Clause 21, hereof
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
                                                                90 days of receiving the intimation from the BSNL that
         CLAUSE 24: All works to be executed under the          the bill is ready for payment, the claim of the

                                               62    Nellore NIT 2
contract shall be executed under the direction and subject      contractor(s) will be deemed to have been waived and
to the approval in all respects of the Engineer-in-charge       absolutely barred and BSNL shall be discharged and
who shall be entitled to direct at what point or points and     released of all liabilities under the contract is respect of
in what manner they are to be commenced, and from time          these claims.
to time carried on.

                                                                           The decision of the Superintending Engineer
          CLAUSE 25: Except where other wise provided           regarding the quantum of reduction as well as
in the contract all questions and disputes relating to the      justification thereof in respect of rates for substandard
meaning Of the specifications, designs, drawings and            work which may be decided to be accepted will be final
instructions herein before mentioned and as to quality of       and would not be open to arbitration. It is also a term of
workmanship or materials used on the work or as to any          contract that no person other than person appointed by
other question claim, right, matter or thing whatsoever in      such chief Engineer as above said should act as
any way arising out of or relating to the contract, designs,    arbitrator and if for any reason that is not possible the
drawings, specifications, estimates, instructions, orders or    matter is not to be referred to arbitrator at all.
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
                                                                         The arbitrator(s) may trom time to time with
abondonment thereof shall be referred to the sole
                                                                the consent of the parties enlarge the time for making
arbitration of the person appointed by the Chief Engineer,
                                                                and publishing the award.
Civil Wing. In charge of the work at the time of dispute or
ifthere be no Chief Engineer, the administrative head of
the said BSNL at the time of such appointment. It will be                It is also term of contract that no person other
no objection to any such appointment that the arbitrator so     thim person appointed by the. Chief Engineer as above
appointed is a BSNL servant that he had to deal with the        said should act as arbitrator and iffor any reason that is
matters to which the contract relates and that in the course    not possible the matter is not to be referred to arbitration
                                                                at all.


                                                                          CLAUSE 26: The contractor shall fully
patent or design or any alleged patent or design rights and     indemnify the BSNL against any action, claim or
shall pay any royalties which may be payable in respect of      proceeding, relating to infringment or use of any
any article or part thereof included in the contract. In the    sum of money or moneys so with-hold or retained under
event of any claims made under or action brought against        the lien referred to above, by the Engineer-incharge or
BSNL in respect of any such matters as aforesaid the            will be with held 01: retained of such by the Engineer-
contractor shall be immediately notified thereof and the        in-charge till the claim arising out of or under the
contractor shall be at liberty, at his own expense, to settle   contract is deterined by the Arbitrator. (if the contract is
any dispute or to conduct any litigation that may arise         governed by the Arbitration Clause) by the competent
there-from. Provided that the contract shall not be liable      court, as the case may be and the contractor will have no
to indemnify the BSNL, if the infringment of the patent or      claim for interest or damage whatsoever on any account
design right is the direct result of an order passed by the     in respect of such with holding or retention under the
Engineer-in-charge in this behalf.                              lien referred to above and duly notified such to the
                                                                contractor for the purpose of this clause where the
                                                                contractor is a partnership firm or a Limited Company
                                                                the Engineer_ in-charge shalt be entitled to with hold
          CLAUSE 27: When the estimate on which a               and also have a lien to retain towards such claimed
tender is made includes lumpsum in respect of parts of the      amount or amounts in whole or in part from any sum
work the contractor shall be entitled to payment in respect     found payable to any partner/limited company as the
ofthe items of work involved or the part of the work in         case may be whether in his individual capacity or
question at the same rates, as are payable under this           otherwise.
contract for such items; or if the part of the work in
question is not in the opinion .of the Engineer-in-Charge
capable of measurement, the Engineer-in-Charge m_y_at                     (2) BSNL shall have the right to cause an audit
his discretion pay lump sum amount entered in the               and technical examination of the works and the final
estimate, and the certificate in writing ofthe Engineer-in-     bills of the contractor including all supporing vouchers
Charge shall be final and conclusive against the contractor
                                               63    Nellore NIT 2
 with regard to any sum or sum payable to him under the          abstract, etc., to be made after payment of the final bill
 provisions of the Clause.                                       and if as a result. of such audit and technical
                                                                 examination any sum is found to have been over paid in
                                                                 respect of any work done by the contract or under the
                                                                 contract of any work claimed by him to have been done
            CLAUSE 28: In the case of any class of work for      by him been under the contract and found not to have
  which there is no such specification as is mentioned in        been executed the contractor shall be liable to refund the
  Rule I, such work shall be carried out in accordance with      amount of over payment and shall be lawful for BSNL
  the distinct specification and in                              to recover the same from him in the manner prescribed
- the event of there being no distinct, specification, then in   in sub clause (i) of this clause or in any other manner
  such case the work shall be carried out in all respects in     legally permissible;
  accordance with the instructions and requirements of the       and if it is found that the contractor was paid less than
  Engineer-in-charge.                                            what was due to him under the contract in respect of any
                                                                 work executed by him under it, the amount of such
                                                                 under payment shah be duly paid by BSNL to the
           CLAUSE 29 : (l) with holding & lein in respect
                                                                 contractor. For the purpose of this clause where the
 of sums claimed:- Whenever any claim or claims for
                                                                 contractor is a partnership firm or a limited company the
 payment of sum of money arises out of or under the
                                                                 Engineer-in-charge of the BSNL shall be entitled to with
 -contract. against the contractor, the Engineer-in-charge
                                                                 hold and also have a lien to retain towards such claimed
 shall be entitled to withhold and also have a lien to retain
                                                                 amount or amounts in whole or in part from any sum
 such sum or sums in whole in part from the security, if
                                                                 found payable to any partner/ limited company as the
 any deposited by the contractor and for the purpose
                                                                 case may be whether in his individual capacity or
 aforesaid the Engineerin-charge shall be entitled to with
                                                                 otherwise.
 hold the security deposit, if any furnished as the case may
 be and also have a lien over the same pending finalisation
 or adjudication of any such claim. In the event of the.
 security being insufficient to cover the claimed amount or                Provided that BSNL shall not be entitled to
 amounts or if no 'security has been taken from the              recover any sum overpaid nor the contractor shall
 contractor, the Engineer-in-charge shall be entitled to with    entitled to payment of any sum paid short where such
 hold and have a lien to retain to the extent of such claim      payment has been agreed upon between the
 amount or amounts referred to above, from any sum or            Superintending Engineer or Executive Engineer on the
 sums found payable or which at any time thereafter may          one hand and the contractor on the other under any term
 become payable to the contractor under the same contract        of the contract permitting payment for work after
 with the Engineerin-charge of the BSNL of any contract          assessment by the Superintending Engineer or the
 person through the Engineer-in-charge pending                   Executive Engineer.
 finalisation or adjuciation of any such claim.


 It is an agreed term of the contract that the                       CLAUSE 29A ; A lien in respect of claims in set of
                                                                 Clause other contracts.
 retained by way of lien by the Engineer - in - charge or        '
 any other contracting person or person through, Engineer-               Any sum of money due and payable to the
 in-charge against any claim of the Engineerin-charge of         contractor (including the security deposit returnable to
 such other person or persons in respect of payment of a         him) under the contract may be with held or
 sum of money arising out or under any other contract            his/their own arrangements for unfiltered water required
 made by the contractor with the Engineer-in-charge of the       for the work and nothing extra will be paid for the same.
 BSNL or with such other person or persons.                      This will be subject to the following conditions:
          It is an agreed term of the contract that the sum
 of money so withheld or retained under this clause by the                0) That the water used by the contractor (s)
 Engineer-in-charge orthe BSNL will be kept withheld or          shall be fit for construction purposes, to the satisfaction
 retained as such by the Engineerin-charge or till such          of the Engineer-in-charge.
 claim arising out of the same contract or any other                      (ii) Unfiltered water required for the execution
 contract is either mutually settled or determined by the        of work may be supplied to the contractor at the
 Arbitration clause or by the competent court, as the case       discretion of the Divisional Officer on the following
 may be and that the contractor shall have no claim for          conditions:
                                                 64   Nellore NIT 2
interest or damages whatsoever on this account or any
other ground in respect or any sum of money withheld or                  (1) Payment by the Contractor 1 % of the total
retained under this clause and duly notified as such to the     cost ofthe entire work done under the contract.
contractor.
                                                                          (2) The Contractor (s) shall make his/their own
                                                                arrangements for water connection and laying of pipe
          CLAUSE 30 :The contractor shall not employ
                                                                lines form existing mains or source ofsupply. It should
coal mining or controlled area labour falling under any
                                                                be clearly understood that BSNL do not guarantee to
category whatsoever on or in connection with the work or
                                                                maintain uninterrupted supply of water and it will be
recruit labour from area within a radius of 32 Km. (20
                                                                incumbent on the contractor (s) to make alternative
miles)of the controlled area subject as above the
                                                                arrangements forfwater at his/her own cost in the event
contractor shall employ imported labour only i.e., deport
                                                                of any temporary break down in the BSNL water main
imported labour or labour imported by contractors ITom
                                                                so that progress of his/their work is not held up for want
area, ITom which import is permitted.
                                                                of water. No claim of damages or refund of water
          When ceiling price for imported labour has been
                                                                charges will be entertained on account of such
fixed by State or Regional Labour Committees not more
                                                                breakdown.
than that ceiling price shall be paid to the labour by the
contractor.
                                                                          (3) Where there is Municipal unfiltered or
                                                                filtered water pipe line and the water is taken ITom this
          The contractor shall immediately remove any           source, the contractor shall approach the concerned
labourer who may be pointed out by the Engineer-in-
                                                                Municipality direct for the supply ofwater and pay the
Charge as being a coal ming or controlled area labourers.
                                                                charges directly to the Municipality.
Failure to do so shall render the contractor liable to pay to
BSNL a sum calculated at the rate of Rs.I 0 per day per
                                                                          (iii) The contractor shall be solely responsible
labourer. The certificate of the Engineer-in-Charge about
                                                                to obtain 'p' form the Municipal Corporation get it
the number of coal mining or controlled area labour and
                                                                signed from the Engineer-in-charge submit the same to
the No. of days for which they worked shall be final and
                                                                the Municipal authority, purse vigorously the clearance
binding upon parties to this contract.
                                                                of the form with the Municipal Authority obtain the
                                                                necessary permission for connection from the
         It is declared and agreed between the parties that     Corporation, and get the temporary water connection to
the aforesaid stipulation in this clause is one in which the    the site in a meticulous way, and the delay if any in this
public are interested within the meaning of the exception       connection shall not be valid ground for seeking time
of Section 74 of Indian contract Act, 1972.                     extension under Clause 5 of contract.

"Controlled Area"                                                   CLAUSE 32 (I) : Where there is no piped water
                                                                supply arrangement and the water is taken by the
        Explanation                                             contractor from the wells or hand pumps constructed by
means the following area:                                       the BSNL no charge shall be recovered from the -
                                                                   contractor on the account. The contractor shall,
        District of Manbhum, Hozaribagh, Jumtra
                                                                however, draw water at such hours of the day that it does
Sub-Division of Santa I Paraganas.
                                                                not interfere with the normal use for which the hand
        District ofBankura, Birbham, Burdwan,                   pumps and wells are intended. He will also be
                                                                responsible for all damages and obnormal repairs arising
District ofBilaspur.                                            out of his use, the cost of which shall be recoverable
Any other area which may be declared as "Controlled             from him. The Engineer-in-charge shall be the final
Area" by or with the approval of the Central Government.        authority to determine the cost recoverable from the
                                                                contractor on this account.
CLAUSE 31: The contractor(s) shall make
to provide necessary safety arrangement to avoid any                     (ii) The contractor shall be allowed to construct
accidents or damage to adjacentbuildings roads and              temporary wells in BSNL land for taking water from
service lines. He shall be responsible for any accidents or     construction purposes only after he has got permission
damage caused due to construction and subsequent                of the Engineer-in-charge in writing. No charges sha)l be
maintenance of the wells and shall restore the ground to        recovered form the contractor on this account, but the
                                               65    Nellore NIT 2
its original condition after the wells are dismantled on              contractor shall be required
completion of the work.                                               its extent in this regard and his decision, shall be final
                                                                      and binding on the contractor.
          CLAUSE 33: Not withstanding any thing                                  (c) The plant and machinery as stipulated
contained the contrary in any or all of the clauses of this           above will be issued as and when available and if
contract, where any materials for the execution of the                           required by the contractor. Roller when
contract are procured with the assistance of BSNL either              required should be obtained ftom the BSNL. The
by issue from BSNL stocks or purchase made under                      contractor shall arrange his programme of work
orders of permits or licenses issued by the BSNL, the                 according to the availability of the plant and machinery
contractors shall hold the said materials economically and            and no claim, whatsoever, will be entertained from him
so lely for the purpose of the contract and not dispose of            for any delay in supply by the BSNL.
them without the permission of the BSNL and return,                             (d) Mechanical concrete mixers for mixing the
ifrequired by the Engineer-in-charge, all surplus or
                                                                      mortar and concrete will be supplied by the BSNL if any
unservicable materials that may be left with him after the
                                                                      available, and if so required by the contractor BSNL
completion of the contract or at its termination for any
                                                                      stores at...................... and contractor shall bear the
reason whatsoever on being paid or credited such price as
                                                                      cost of its cartage from the store to the site of the work
the Engineer-in-charge shall determing having due regard
                                                                      and back.
to the condition of the materials. The price allowed to the
contractor however shall not exceed the amount charged
                                                                                   The mixer shall be made over and taken back
to him excluding the storage charge ifany. The decision of
                                                                      at the mixer shed and hire charges shall be recovered at
the Engineerin-charge shall be final and conclusive in the
                                                                      Rs...............................per day from the day the mixer
event of breach of the aforesaid condition the contractor
                                                                      is made over to the date of its return irrespective of its
shall in addition to throwing himself open to action for
                                                                      being put into use or not except for the major break
contravention of the terms of the licence to permit and/or
                                                                      down. During which period hire charge shall not be
for criminal breach of trust, be liable to BSNL for all
                                                                      recovered the break down for a period offull day or more
moneys, advantages or profits resulting or which in the
                                                                      shall be considered as major break down. The certificate
usal course would have resulted to him by reason of such
                                                                      of the Engineer-in-charge for the period of break down
breach.
                                                                      shall be final and binding on the contractor.
                                                                                The contractor shall have to engage a full time
                  CLAUSE 34 (a): The following plant and              chowkidar for watch and ward of the concrete mixer and
machinery required for the work will be issued to the contractor
on hire on conditions given below :                                   shall be responsible for its safety. The Chowkidar for
                                                                      safe guarding the road rollers shall be employed by the
                                                                      contractor when these are hired out to him and they shall
S,No.               Description Hirecharge perday                     sign an agreement indeminif)1ing the BSNL against any
                                                                      loss or damage caused to the machine either during
                                                                      transist or at the site ofwork.
(i)

                                                                                (e) The hire charge shown above are for each
(ii)                                                                  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
          (b) Plant and machinery when supplied shall be              boiler pressure before start of work and to lower the
made over and taken back at the departmental equipment                boiler pressure at the close ofwork.
shed at ... .. . . . .. .. ..and the contractor shall bear the cost             (f) Hire charge will include services of
of their carriage from the shed to the site of work and               operating staff as required and also supply of lubricating
back. The contractor shall be responsible to return the               oil and stores for cleaning purposes and steam coal not
plant and machinery with condition in which it was                    exceeding 1.25 quintals to light upto the steam road
handed over to him caused to the said plant and                       roller when issued. Power fuel of approved type
machinery _t the site of work or else where in operation              firewood, kerosine oil, etc., for running the plant and
and otherwise during transit including damage to or loss              machinery against any loss damage shall be arranged by
of plants and for all losses due t6"'his failure to return the        the contract who shall be full responsible for the
same soon after the completion of the work for which it               safeguard and security of plant and machinery. The
was issued. The Division Engineer shall be the sole judge
                                                    66     Nellore NIT 2
to determine the liability ofthe contractor and               contractor shall on or before supply of plant and
                                                              machinery sign an agreement indemnifying the BSNL
                                                              against any loss or damage caused to the plant and
                                                              Machinery either during transit at the site of work.
                                                                      (g) Ordinarily, no plant and machinery shall
                                                              work for more than 8 hours a day inclusive of one hour
period of 8 hours a day. In that case, the hourly hire        lunch break. In case of an urgent work however, the
charges for overtime to be borne by the contractor shall be   Engineer-in-charge may at his discretion, allow the plant
50% more than the normal proportionate hourly charges         and machinery to work for more than normal
(l/8Ih of the daily charges) subject to a minimum of half
day's normal charge on any particular day. For working
out hire charges for overtime a period of less than half an
hour and above will be charged as one hour and a pedod
of less than half an hour will be ignored.                    employed by the contractor himself, log book for
          (h) The contractor shall release the plant and      such rollers shall be maintained in the same manners as
machinery every 10m day for periodical servicing and/or       is done in case ofBSNL rollers maximum Quantity of
wash out which may be for about three or four hours or        any item to be consolidated for each roller day shall be
more. He shall also provide for a labour and water that       also be same as in Anrtexure to clasue 34 (j) for less use
may be required for wash out of steam rollers. Hire           of rollers recovery for less rollers day shall be made at
charges for full day shall be recovered from the contractor   the stipulated issue rate.
for the day of servicing/wash out irrespective of the                   (m) The hire charge shall be recovered at the
period employed in servicing/ wash out.                       prescribed rates trom and inclusiv.e of the date of plant
          (i) The plant and machinery once issued to a        and machinery is made over upto and inclusive of the
contractor shall not be returned by him or lack of a          date of its return in good orders even though the same
arrangements of labour, material, etc., on his part, the      may not have been working for any cause except for
same will be returned only when they require major            major break down due to no fault of the contractor or
repairs or when in the opinion ofth6 Engineerin-charge        faulty use, requiring more than 3 working day
the work or portion of work for which the same issued is      continuously (Le. excluding intervening holidays and
completed.                                                    sundays) to bring the plant in order. The contractor shall
                                                              immediately intimate in writing to the Engineer-in-
           (j) Log book for recording the hours for           Charge when any plant or machinery gets out of order
recording the hours of daily work for each of the plant       requiring major repairs as aforesaid. The Engineer-in-
and machinery supplied to the contractor will be              Charge shall record the date and time ofreceipt of such
maintained by the BSNL and will be attested by the            intimation in the log sheet of the plant or machinery.
contractor or his authorised agent daily. In case the         Based on this if the breakdown occurs before which the
contractor contests the correct-ness of the entries and/or    period of Major breakdown will be computed
fails to sign the log book the decision of the Engineer-in-   considering half a day break on the day of complaint if
Charge shall be final and binding on him. Hire charges        this breakdown occurs in the post lunch period of major
will be calculated according to the entries in the Log book   breakdown will be computed starting trom the next
and will be binding on the contractor. Recovery on            working day. In case of any dispute under this clause the
account of the hire charges forroad roller shall be made      decision of the Superintending Engineer shall be final.
for the minimum number of days worked out on the                        CLAUSE 35 (I): The contractor undertakes to
assumption that a roller can consolidate per day and          make arrangements for the supervision ofthe work by
maximum quantity of materials of area of surfacing as not     the finn supplying the tar or bitumen used.
noted against each in the annexed statement. (see attached              (ii) The contractor shall collect the total
annexure)                                                     quantity of tar or bitumen required for the work as per-
                                                              standard formula, before the process of painting started
        (k) In the case of concrete mixers, the               and shall hypothecate it to the Engineer-inCharge. If any
   contractor shall arrange to get the hopper cleaned .and    bitumen or tar remain unused on completion of the work
   drum washed at the close of the work each day or each      on account of lesser use of material in actual execution
                                                 occasion.    for reasons other than authorised changes or
                                                              specification and abandonment portion of work, a
         (I) The contractor shall be responsible to return    corresponding deduction equivalent to the cost of unused
                                                  67   Nellore NIT 2
the plant and machinery in the condition in which it was        materials as determined by the Engineer-in-Charge shall
handed over to him and he shall be responsible for all          be made and the material returned to the contractor.
damage caused to the said plant and machinery at the site       Although the materials are hypothecated to BSNL the
of work or elsewhere in operation or otherwise or during        contractor undertakes the responsibility for their proper
transit including damage to or loss parts, and for all losses   watch safe custody and protection against all risks.
due to his failure and return the same soon after the
completion of the work for which it was issued. The             Conditions relating to asphaltic materials
Divisional Engineer shall be the sole judge to determine
the liability of the contractor and its extent in this regard           The contractor shall not be removed trom site
and his decision shall be final and binding on the              of work with out the consent of the Engineer-inCharge
contractor.                                                     in writing.                                  '

                                                                         (iii) The contractor sh_1I be responsible for
                                                                rectifYing defects noticed within a year trom the date of
In case of rollers for consolidation are                        completion of the work and the portion of the security
                                                                deposit relating to asphaltic work shall be refunded after
                                                                the expiry of this period.


(i)       One Graduate Engineer when the                        CLAUSE 36-1: For Building and Road
tendered cost of work to be executed is more than Rs.IO
                                                                Works
lakhs (Rupees ten lakhs only).
          (ii)    One qualified diploma holder                           The contractor shall employ the following
(overseer) and having experience of not less than 3 years       technical staff during the execution of the work :
when the tender cost of work to be executed is more than
Rs.5 lakhs (Rupees five lakhs only) but less than Rs.lO
lakhs (Rupees ten lakhs only).
          (ill)   One qualified diploma holder                            The technical staff should be available at site,
(overseer) when the tendered cost of work to be executed        whenever required by Engineer-in-charge to take
is more than Rs.2lakhs (Rupees two lakhs) but less than         instructions.
Rs.5 lakhs (Rupees five lakhs only).
                                                                         In case the contractor fails to employ the'
          The technical staff should be available at site,
                                                                technical staff as aforesaid, he _luill be liable to pay a
whenever required by Engineer-in-charge to take
                                                                reasonable amount not exceeding Rs.1500/(Rupees one
instructions.
                                                                thousand and five hundred only) for' each month of
          In case the contractor fails to employ the
                                                                default.
technical staff as aforesaid, he shall be liable to pay a
                                                                         The decision of the Engineer-in-charge as to
reasonable amount not exceeding a sum ofRs.3,OOO/ -
                                                                the period for which the required technical staff
(Rupees three thousand only) for each month of default in
                                                                         was not employed by the contractor and as to
the case of Graduate Engineer and Rs.I ,500/ - (Rupees
One thousand and five hundred only) for each month of           the reasonableness of the amount to be deducted on this
default in the case of qualified Diploma Holder                 account shall be final and binding on the contractor as to
(overseer).                                                     the amount and the contractor's liability to pay the said
                                                                amount.
         The decision of the Engineer-in-charge as
to the period for which the required technical staff was        III. For Electrical Works:
not employed by the contractor and as to the
reasonableness of the amount to be deducted on this                      The Contractor shall employ the following
account shall be final and binding on the contractor as to      technical staff during the execution of this work.
the amount and the contractor's liability to pay thesaiq                 (i) One qualified Graduate Engineer possessing
amount.                                                         a Degree from a recognised University
                                                                         in Electrical Engineering and having
         1.       There shall be no objection if an             experience of
Engineer, Overseer looks after more than one work                        not less than 3 years or a Diploma holder in
provided the total value of works under him does not            Electrical Engineering with not less than 7 years
exceed Rs.20 lakhs in case of an Engineer and Rs.IO             experience when the tendered cost of the work to be
                                               68    Nellore NIT 2
  lakl1sin case of an overseer.                                executed is more than RS.l.5 lakhs (Rupees one lakh and
             2.       It is not necessary for a contractor     fifty thousand only).
. or a partner in case of firm/company who is himself an                 (ii) One qualified Diploma Holder (overseer) in
  Engineer/Overseer to employ another Engineer/ Overseer       Electrical Engineering and having experience of
  for the supervision of the works so long as the              not less than 3 years or a Graduate Engineer in Electrical
  contractors/partners do work similar to that have            Engineering with 2 years experience, when the tendered
  been'done by an employed Engineer/Overseer.                  cost of the work to be executed is more than Rs.75,OOO
             3.       The employment of technical staff        (Rupees Seventy five thousand only) but less than Rs.I.5
  may be related to the tendered cost.                         lakhs (Rupees one lakh and fifty thousands only).


          4.      A retired Engineer/Assistant                          (iii) One qualified Diploma Holder (Overseer)
 Engineer who is holding diploma may be treated at par         in Electrical Engineering and having experience of not
 with graduate Engineer for operation ofthe above Clause.      less than 3 years, when the tendered cost of work to be
                                                               executed is more than Rs.37,OOO/(Rupees thirty seven
 II. For Sanitary & Water Supply                               thousand only) but not less than Rs.75,OOO/- (Rupees
                                                               Seven five thousand only).
 Works:
                                                                        (iv) One licensed supervisor having experience
          The contractor shall employ the following            of not less than 3 years, when the tendered cost of the
 technical staff during the e.xecution of this work:           work to be executed in more that Rs.7,500 (Rupees
          (i)       One qualified diploma holder               seven thousand and five hundred only) but less than
 (overseer) with an experi_nce of not less than 5 years, out   Rs.37,OOO/- (Rupees thirty seven thousand only):
 of which atleast one year should be in sanitary
                                                                         The technical staff should be available at site,
 engineering of water supply works, when tendered cost of      whenever required by Engineer-in-charge to take
 work to be executed is more than Rs.50,000/(Rupees Fifty      instruction.
 thousand only)
                                                                        In case the contractor fails to employ the
                                                               technical staff as aforesaid he shall be liable to pay
          (b) In case where qualified Diploma Holder
                                                               reasonable amount not exceeding the amount shown
 Overseer in Electrical Engineering is required to be
                                                               below against each for each month of default :
 employed Rs.l ,500/- (Rupess one thousand and five
 hundred only).
                                                                       (a) In case where Graduate Engineer (E) is
           (c) In case where a licenced supervisor to
 required to be employed Rs.750/- (Rupees seven hundred        required to be employed Rs.3,OOO/- (Rupees three
 and fifty only).                    .                         thousand only).
           The decision of the Engineer-in-charge as to the
 period for which the required technical staff was not
 employed by the contractor and as to the reasonableness       to the condition together wjth an necessary information
 of the amount to be deducted on this account shan be final    relating thereto.
 and binding on the contractor as to the amount and the                  CLAUSE 39 : Without prejudice to any of the
 contractor's liability to pay and the said amount.            rights or remidies under the contract if the contractor
           CLAUSE 36A: The contractor shall comply             dies, the Divisional Officer on behalf of the BSNL shall
 with provisions of the Apprentice Act 1961 and the Rules      have the option of terminating the contract without
 and Order issued thereunder trom time to time. If he fails    compensation to the contractor.
 to do so, his failure will be a breach of contract and the             CLAUSE 40 : The contractor shall not be
 Superintending Engineer may, in his descretion cancel the     permitted to tender for works in the BSNL/Postal/ Civil
 contract. The contractors shall also be liable for any        or Elect. Circle (Responsible for award and execution
 pecuniary liability arising on account of any violation by    job contracts) in which his near relative is posted as
 him of the provision of the Act".                             Divisional Accountant or as an officer in any capacity
                                                               between the grades of the Superintending Engineer and
                                                               Asst. Engineer (both inclusive). He shall also intimate
           CLAUSE 37: The whole work may be split up           the names of persons who are working with him in any
 between two or three contractors or accepted in part and      capacity or are subsequently employed by him and who
 not in entirely, if considered expedient.                     are near relatives to any gazetted Officer in the
                                              69     Nellore NIT 2
                                                               BSNL/Postal/ Civil or Elect. Wing. Any breach of this
         CLAUSE 38(i) : Sales tax or any other tax on          condition by the contractor would render him liable to be
materials in respect of this contract shall be'payable by      removed trom the approved list of contractors.
contractor and BSNL shall not entertain any claim                       Note: By the terms "near relative" is meant
whatsoever in this respect.                                    wife, husband, parents and grand parents; children and
         CLAUSE 38(ii): Ifpursuantto or under any law          grand children, brothers and sister, uncles, aunts and
such notification or order any royalty, cess fee or the like   cousins and their corresponding in laws.
become payable by the Govt. ofIndia and does not at any
time become payable by the contractor to the State
GovtlLocal Authorities in respect of any material used by
the contractor on the works there in such a case, if shall                CLAUSE 41 : No Engineer of gazetted rank or
be lawful to the Govt. of India and it will have the right     other gazetted officer employed in Engineering or
and be entitled to recover the amount paid in the              administrative duties in an Engineering Department of
circumstances as aforesaid from the dues of the                the BSNL is allowed to work as a contractor for a period
contractor.                                                    of two years of his retirement from BSNL service
                                                               without the previous permission of BSNL. This contract
                                                               is liable to be cancelled if either the contractor or any of
          CLAUSE 38(iii) : The tendered rates are              his employee is found at any time to be such a person
inclusive of all taxes and levies payable under the            who had not obtained the permission ofBSNL as
re.spective statues. However, pursuant to the Constitution     aforesaid, before submission of the tender or engatement
(Forty Sixth Amendment) Act 1982, if                           in the contractor's service as the case may be.
any further tax ofIevy is imposed by Statue after the date
of receipt of tender and the contractors thereupon                      CLAUSE 42 (i) : The contractor shall see that
necessarily and properly pays such taxes/ levies the           only the required quantities of materials are got issued.
contractor shall be reimbursed the amount so paid,             Any such materials remaining unused and in perfectly
provided such payment if any, is not, in the opinion of        good condition at the time of completion or
Superintending Engineer (whose decision shall be final         determination ofthe contract shall be returned to the
and binding) attiributable to delay in execution of work       Engineer-in-charge at a place where directed by him,
within the control of the contractor.                          ifby a notice in writing under his hand he shall so
                                                               require, credit for such material will be given at the
         The contractor shall, keep necessary books of         prevailing market rate not exceeding the amount charged
account and other documents for the purpose of this            from him, excluding the storage charges levied at the
condition as may be necessary and shall allow inspection       time of issue of materials to him. The contractor shall
of the same by duly authorised representative ofBSNL &         also not be entitled to cartage and incidental charges for
further shall furnish such other information/documents as      returning the surplus materials from and to the stores
the Engineer-in-charge may require.                            wherefrom they were issued.



          The contractor shall within a period of 30 days      (ii) After the completion of the work, the theoretical
of imposition of any further tax or levy, pursuant to the      quantity of cement to be used on works shall be
constitution (Forty Sixth Amendment) Act 1982, give a          calculated on the basis of Theoretical statements
written notice thereof to the Engineer-in-charge that the      showIng quantities for cement to be used in different
same is given pursuant                                         items of work provided in theDelhi Schedule of Rates,
                                                               printed by CPWD. In case any item is executed for
the estimated cost of which as put to tender is not more       which the standard constant for the Consumption of
than Rs.5 lakhs; and upto 2% plus/minus for works the          cement are not available in the above mentioned
estimated cost of which put to tender is above Rs.5 lakhs.     statement or cannot be derived from this statement the
The difference in the quantity of cement actually issued to    same shall be calculated on the basis of standard formula
the contractor and theoretical quantity including              to be laid down by the superintending Engineer of the
authorised variations, if not returned by the contractor       concerned circle. Over this theoretical quantity of
shall be recovered at twice the issue rate without             cement shall be allowed a variation up to 3% plus/minus
prejudice to the provision of the relevant conditions          for works
regarding return of materials governing the contract. In
the event of it being discovered that the quantity of
                                                               contractor and the theoretical quantity including the above
cement used is less than the quantity ascertained as herein
                                                               mentioned authorised variation, if not returned by the
before provided (allowing variation on the minus side as
                                                               contractor shall be recovered at twice the issue rate including
stipulated above) the cost of the quantity of cement not so
                                                               storage charges without prejudice to the relevant conditions in
used shall be recovered trom the contractor on the basis of
                                              70     Nellore NIT 2
stipulated issue rate plan cartage to site.                    the agrt;.ements regarding return of materials. In the event of it
                                                               being discovered that the quantity of bitumen used by the
                                                               contractor is less than the quantity calculated in the manner
          (iii) The provision of foregoing sub clause shall    aforesaid, there shall be no recovery for less use of bitumen.
apply Mutatis Mutandis in the case of steel reinforcement      The agreement which provides for supply of bitumen at a fixed
of structural steel section ( each diametre section or         rate, the value of price of the difference in the quantity of
category shall be considered separately except that the        bitumen actually issued to the contractor and the theoretical
theoritical quantity of steel shall be taken as the quantity   quantity including the above mentioned authorised variation, if
required as per design or as authorised by the Engineer-       not returned by the contractor, shall be recovered at twice the
in-charge including authorised lappages, plus 3% wastage       issue rate of bitumen including storage charges thereof without
due to cutting into pieces. Over this theoretical quantity     prejudice to the relevant conditions in the agreements
2% plus/ minus shall be allowed as variation due to            regarding return of materials governing the contract. In the
wastage being more or less.                                    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
          (iv)     After the completion of the work            allowed), the cost of the quantity of bitumen not so used shall
the actual quantity of cables (other than underground          be recovered trom the contractor on the basis of stipulated
cables) wires, conduits/G. I. Pipes G.I./M.S. sheets used      issue rate plus cartage thereofupto site.
in the various items of work shall be calculated on the
basis of the measurements recorded in the Measurement
Books for purpose of payment and for assessing the
consumption of materials used in work. Over the quantity                 (vi) The provisions made above are with out
of variation of 5% plus shall be allowed for wastage of        prejudice to the right of the BSNL to take
materials during the execution in case of cables (other                  action against the contractor under the
than underground cables) wires, conduit pipes, G.I. Pipes      conditions ?f the contract for not doing the work
and 10% plus in case of G.l.!M.S. Sheets. The difference       according to the prescribed specification.
in quantity of
material actually issued to the contractor and the quantity
recorded in the Measurement Book including authorised
                                                                          CLAUSE 43: The work (whether fully
variation as stated above if not returned by the contractor
                                                               constructed or not) and ali materials, machines, tools and
shall be recovered at twice the issue rate including storage
                                                               plants, scaffolding, temporary buildings and other things
charges and cartage to site without prejudice to the           connected therewith shall be at the risk ofthe contractor
provisions of the relevant conditions regarding return of      until the work has been delivered to the Engineer-in-
the materials governing the contract. This should be           charge and a certificate trom him to that effect obtained.
applicable to the contracts for Electrical Works only.         In the event of the work or any materials properly
                                                               brought to the site for incorporation in the work being
         (v)       After the completion of the work,           damaged or destroyed in consequence on hostiles or war
theoretical quantity of bitumen to be used on works shall      like operations, the contractor shall when ordered in
be calculated on the basis ofCPWD's statement showing          writing by the Engineer-in-charge, remove any debris
quantities of bitumen to be used in different items of work    trom the site, collect and properly stack or remove in
provided in the Delhi Schedule of Rates or in respect of       store all serviceable materials salvaged trom the
agreement which do not provide for or authorised               damaged work and shall be paid at the contract rates in
application of Delhi Schedule of Rates the theoretical         accordance with the provision of this agreement for the
quantity of bitumen' to be used in works shall be              work of clearing the site of debris, stacking or removal
calculated on the basis of standard formula as laid down       of serviceable materials and for the reconstruction of all
by Superintending Engineer of the concerned circle. Over       works ordered by the Engineerin-charge, such payments
the said theoretical quantity of bitumen, a variation upto     being in addition to compensation upto the value ofthe
plus (excess) (2Yz%) shall be allowed.                         work originally executed before being damaged or
                                                               destroyed and not paid for, in case of work damaged or
                                                               destroyed but not already measured and paid for the
        The agreement which provide for free supply of         compensation shall be assessed by the Divisional Officer
bitumen the value of price of the difference in the quantity   upto Rs.5,000 and by the Superintending Engineer
of bitumen actually issued to the                              concerned for a higher amount. The contractor shall be
                                                               paid for the damages/destruction suffered and for the
                                                               restoring the materials at the rates based on the analysis
                                                               of rates tendered for in accordance with the provisions of
         Provided always that no compensation shall be         this agreement. The certificate of the Engineer-in-charge
payable for any loss in consequence ofhostilities or war-      regarding the quality and quantity of materials and the
like operation (a) unless the contractor had taken all such    purpose for which they were collected shall be final and

                                              71     Nellore NIT 2
Precaution against All Raids as are deemed necessary by       binding on all parties to this contract.
the A.R.P. officers or the Engineer-in-charge. (b) for any
materials etc. not on the site of the work or for any tools
and plants, machinery, scaffolding temporary buildings
and other things not intended for the work.
         In the event ofthe contractor having to carry out
reconstruction as aforesaid, he shall be allowed such
extension of time for its completion as is considered
reasonable by the Divisional Officer.
          CLAUSE 44: The security Deposit should not be                 CLAUSE 45: The Contractor shall comply with
refunded till labour clearance certificate from the labour    the provisions of the Apprentices Act 1961 and the rules
officer is obtained by the contractor.                        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 superintending Engineer may, at his discretion,
                                                              cancel the contract. The contractor shall also to liable for
                                                              any pecunary liability arising on account of any
                                                              violation by him of the provisions of the Act.           .
                                                                         CLAUSE 46 : The percentage referred to at
                                                              page........,.. of the tender will be deducted from/added
                                                              to the grOss amount of the bills for work done. Security
                                                              deposit should not be returned till the clearance
                                                              certificate, from the Labour Office is obtained by the
                                                              contractor.



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_
                                               72   Nellore NIT 2
                                                                                                                                   Sub Divisional Officer.
                                                                                                        Signature of................................................
                                                                                                                                         Divisional Officer.
                                                                                                              FORAND ON BEHALF OF B.S.N.L.


D.O. I Contr.




                      AD_mONALCONDmONNO.l                                                     Size                        Size
                                                                                                             Weight                                         Weight
                 CONDmONSFORISSUE OF MATERIALS                                                                            ,
                                                                                           (Diametre)        KgIM             (Diametre)                     KgJM
                      (1),           The         materials   will   be   issued    from           6           0222                 25                        3.855
""""""""""""""""""""""""""""""""""""""'"   stores
                                                                                                  8           0.395                28                        4.836
                      ,.......................                                                10              0.617                32                        6.316
                                                                                              12              0.888                36                        7.994
         The contractor shall bear th_ cost of cartage,
breakage and wastage :trom the stgres to the site of works                                    16              1.579                40                        9.869
as also watch and ward at site or work.
         (2) The contractor shall be responsible for the                                      18             1.999                 45                       12.490
safe custody of or damage of materials issued to him.                                         20             2.467                 50           15.42'
                                                                                              22             2.985
            (3) The steel Bars and other materials will be issued               (b) Issue of steel of diametre above 10mm will
in available sizes and shapes and or in coils and the contractors be regulated on sectional weight basis, weight being
shall bear the cost of cutting and straightening according to the calculated with the help of the above tables. However,
requirement of the work and shall bear the cost of cartage and the bars M.S. Tor Steel upto and including I Omm the
wastage.                                                             following procedure shaH be adopted. The average
          (4) The rates of materials are incl_sive of percentage sectional weight for each diametre shall be
storage charges.                                                  . arrived at ITom samples ITom each lot of steel received at site.

           (5) Cement bags shall be stocked by the contractor in The actual weight of steel issued shall be modified to take into
separate Godown having weather proof roof and wall and on a account the variations between the actual and the standard
proper floor consisting of 2 layers of dry bricks laid on wall coefficients given above & the contractors account will be
consolidated earth at a level atleast one foot above the ground debited by the cost of this modified quantity only. The
level. These'                                                        discretion of the Engineer-in-charge shall be fmal for the
stocks shall be in rows of two bags deep and 20 bags high with a procedure to be allowed for determining the average sectional
minimum of2'0" clear space all round. The bags should be weight of each lot. Quantity of each diametre of steel received
placed horizontally continuous in each Ii_es asshown in the at site of work each day will constitute one single lot for this
accompanying sketch.                                                 purpose.
           (6) Cement shall be kept under double lock system in
godown fixed with one door. The key of the lock shall remain
with the representative of the Engineer-in-charge, at the site of                ADDITIONAL CONDITIONS NO. 22
work and that of the other with the contractor or his authorised
agent. Day to day issue account of cement shall be maintained
                                                                                I. The rates for different items of works shall apply
by the Junior Engineer/Officer-in-Charge on the prescribed
                                                                     for all heights and depths unless otherwise specified. Nothing
                                                                         73       Nellore NIT 2
register and signed by the contractor or, his authorised agent.          shall be paid for bailing out of water if met with.
                                                                                   2. The contractor must get acquainted with the
           (7) The contractor shall construct suitable godown at         proposed site for works and, study specifications and
the site of works for storing the materials safe against damage of       conditions carefully before tendering. The work shall be
sun, rain, dampness, fire, theft etc. at his own cost.                   executed as per the programme drawn by the Engineer-in-
                                                                         charge.

         (8) He shall also employ necessary watch and                              3. Any damage done by the contractor to any
ward establishment for the purpose at his own cost.                      existing work during the course of execution of the work
                                                                         tendered for shall be made good by him 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                  4. The contractor shall materials in good condition
bends.                                                                   all work during execution till completion of entire work
          (10) The contractor has to employ sufficient labour at         allotted to him.
his cost for measurement of steel bars issued to him at the BSNL                   5. He shall cause the site to be cleared thoroughly of
stores.                                                                  rubbish, scaffolding materials etc. before the stipulated date of
                                                                         completion of the work.
         (11) The following condition shall apply as an
                                                                                     6. Royalty at the prevalent rates shall have to be paid
additional condition under general conditions in tender
                                                                         by the contractor on all the boulders, metal, shingle, sand and
documents.
                                                                         bajiri etc., collected by him for the execution of the work direct
                                                                         to the Revenue Authority
         (a) The Standard sectional weights referred to as
standard tables in para 5-3 3, in specifications for works,
1977 VoU to be considered for conversion ofIength of
various sized of M.S. bars and Tor Steel bars into weight
are as under:
                                                                         Superintending Engineer. If these materials are not
of the State Government concerned. 'No Demand                            required by them, they will be disposed off to the best
Certificate' trom the State Authority concerned shall be                 advantage ofBSNL.
obtained before the fmal bills is paid, failing which
recovery will be effected trom him at the prevalent market               ADDITIONAL CONDITION NO.6
rates.                                                                   Delav in obtaininl! materials bv the BSNL :
          7. The contractor shall take all precautions to               Owing to difficulty in obtaining certain
avoid all accidents by exhibiting necessary caution boards materials in the open market the BSNL have
day and night, speed limit 'boards, red flags, red lights and undertaken to supply materials specified on page of the
providipg barriers. He ,shall be responsible for all tender form at rates stated therein. There may be delay in
damages and accidents caused due to negligence on his obtaining the materials by the BSNL and the
part. No hindrance shall be caused to traffic during the contractor is, therefore required to keep himself in touch
                                                                     .

execution of work.                                            with the day t() day position regarding the supply of
          8. The contractor wilfhave to work as per materials trom the Engineer-in-charge and to so adjust
programme drawn by the Engineer-in-charge. No claim the progress of the work that their labour may not
whatsoever will be entertained on this account.               remain idle nor may there by an other claim due to or
                                                              arising trom delay in obtaining the materials. It should
                                                              be clearly understood that no claim whatsoever shall be
          9. The work shall be carried out in a manner entertained by the BSNL on account of delay in
complying in all respects with the requirement of relevant supplying materials.
by laws oflocal authority of the plan.
          10. For items pertaining to the building work the              ADDITIONAL CONDITION NO.7
specification detailed under relevant sub-heads for
building work shall be followed.                                                  The contractor shall have to deposit                  the
                                                                         approved paints of required colour and shades as               per
        II. Cement or cement lime mortars: The mixing
                                                                         actual requirements of the work to be done with                the
of mortars shall be done in mechanical mixer operated
manually or by power.                                                    Engineer-in-charge at his BSNL store at the site              . of

                                                                         work.
                                                    74     Nellore NIT 2
                                                                  ADDITIONAL CONDITION NO.8
ADDITIONAL CONDITION NO.3
                                                                            The contractor shall be responsible for the
          The site for disposal of surplus excavated earth        water proffness of the roof for one full monsoon season
should be indicated in the first instance. This may be done       after the date of completion. He shall rectify the defect
after assessing the requirements of other BSNL work etc.          noticed after due intimating in writing is given by the
Incase this is not possible then the contractor may be            Engineer-in-charge failing which Engineer-in-charge
allowed to dispose of the surplus earth on his own and a          shall get the defects repaired at the contractor's risk and
condition may be inserted in the agreement that the               Cost.
contractor will be permitted to sell the surplus earth.
Executive Engineer may assess the position and introduce          ADDITIONAL CONDITION NO.9
suitable condition in the NIT accordingly.
ADDITIONAL CONDITION NO.4                                         "Water supplv and Sanitary work"
                                                                  The contractor shall engage licenced plumber, for the
_.                                                                work and get the materials tested by the Municipal
                                                                  authorities whenever required at their own cost. The
Samples of typical portions of work repetitive                    work shall be carried out according to the Municipal by-
                                            ,                     laws and .the contractor shan produce necessary
nature such as typical room, toilet room, staircase               certificate from Municipal authorities after completion
corridor, lot by and entrance hall or any other work              of work.
desired by Engineer-in-charge shall be prepared by the
Contractor under the direction and to the satisfaction            ADDITIONAL CONDITION NO.1 0
ofEngineer-in-charge and got approved trom the
Engineer-in-charge in writing before the commencement                      The contractor shall have to deposit water
of these items for the entire work.                               proofing compound for item mentioned as per the actual
          The work shall be so arranged to be carried out         requirements for the water proofing job with the
that these requirements are observed and fulfilled without        Engineer-in-charge at his BSNL stores at the site
any detriment to the general progress of work or on any of        ofwork.
the terms and conditions of all contract. No claims of any
kind whatsoever including the claims of extension of time                    The water proofmg compound will be issued to the
will be entertained due to the incorporation of this              contractor trom time to time according to his requirements for
requirement.                                                      the work in the same manner as the issue of materials
                                                                  stipulated to be issued.
            ADDITIONAL CONDITION NO.5                             ADDITIONAL CONDITION NO. 11
           The contractors, in course of their work/              Inconvenience to public
should understand that all materials (eg. stone and other
materials) obtained in the work of dismantling excavation         The contractor shall not deposit materials on any site
etc., will be considered BSNL property and issued to the          which will seriously inconvenience the public. The
contractor (ifthey require the same for their own use) at         Engineer-in-charge may require the
rates approved by the                                             encroachments costs of restoration etc. and all other fees
contractor to remove any materials which are considered           payable to the local authorities.
by him to be a danger or inconvenience to the Public or
cause them to be removed at the contractor's cost.
                                                                  ADDmONAL CONDITION NO.19

ADDITIONAL CONDITION NO.12                                        ,
                                                                            Where surplus earth of a suitable quality exists at the
         Any damage to work resultin_ from rains or from any      site of work the contractor shall be allowed to use the same
other cause until the work is taken over by the BSNL after        free of cost making mudmortars, for masonary and laying and
completion will be made good by the Contractor at his own cost.   terracing over the roof. The Engineer-in-charge shall be the
                                                                  final authority to decide whether the earth obtained from
                                                                  excavating is surplus or not.
ADDITIONALCONDITIONNO.13

          The contractor shall deposit royalty and obtain
                                                 75    Nellore NIT 2
necessary permit for supply of red Bajiri stone kankar etc,         ADDITIONAL CONDITION NO.20
from local authorities.
                                                                             Concrete will be mixed with mixers either
                                                                    operated by hand or mechanical.
ADDITIONAL CONDITION NO. 14

           The contractor shall get himself acquainted with the     ADDITIONAL CONDITION NO.21
nature and extent of the work and satisfy himself about the
availability of quarry and of kiln for collection and conveyance              The contractor shall not employ women and men
of materials required for the construction. The contractor's        below the age of 18 on the work of painting with products
quoted rate should take into account all these factors and will     containing lead, in any form wherever men above the age of 18
not be allowed any extra lead for collection and conveyance of      are employed on the work of lead painting, the following
materials for any reason whatsoever.                                principles must' be observed for such use.

ADDITIONAL CONDITION NO.IS                                                    (a) White lead, Sulphate or lead of pro ducts
                                                                    containing these pigments shall not be used in painting
          Security deposit should not be paid till                  operation except in the form of paste or of paint ready for use.
clearance certificate from labour officer is obtained
by the contractor.
                                                                              (b) Measures shall be taken in order to prevent
ADDITIONAL CONDITION NO.16                                          danger arising from application of paint in the form
                                                                    of spray.
        The contractor will be permitted to set up Labour
camp only before a week from the commencement of                             (c) Measures shall be taken wherever
work and not exceeding fifteen days after the completion            practiceable against danger arising from dust caused by
ofthe work.                                                         dry rubbing down and scrapping.

                                                                             (d) Adequate facilities shall be provided to
ADDmONALCONDITIONNO.17                                              enable working painters to wash during and on cessation
                                                                    of work.
           Cooly camps shall not be erected at the site of the
work nor any labour shall be allowed to live at site. Cooly
                                                                            (e) Overalls shall be worn by working painters
camps should be erected only on one of
                                                                    during whole of the working period.
the sites set apart for this purpose. This site shall be taken on
lease by the contractor and in additiori to the ground rent the
                                                                             (t) Suitable arrangements shall be made to
contractor shall have to pay small """""""""""'" charge to the
                                                                    prevent clothing put off during working hours being
Health Department for the services, rendered by the staff of        soiled by painting materials.
the Department.
                                                                             (g) Cases of lead poisoning and suspected lead
                                                                    poisoning shall be notified and shall be subsequently
-   ADDITIONAL CONDITION NO.18
                                                                    verified bya medical team appointed by the competent
.        The contractor shall confirm to the                        authority of the BSNL.
provision
                                                                             (h) The BSNL may require, when necessary, a
of only Government Acts. which relate to works and to
the regulations and by the laws of any local authorities.           medical examination of workers.
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                       (i) Instructions with regard to the special
                                                                    hygenic precaution to be taken in the painting trade
including fees for
                                                                    .shall be distributed to working painters. .




                                               SPECIAL CONDITIONS

                                                  76     Nellore NIT 2
ADDITIONALCONDITIONFOR NON-RESIDENTIAL                            (a) In case of temporary water connection
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 by                    (b) Water used from other sources.
the contractor under the directions to the satisfaction of
Engineer-in-charge and get approved from the Engineer-                     Prior permission for using for the construction
in-charge writing before the commencement of these                purposes has to be obtained from Municipal
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 out       any, and other charges for use of water from other
any decriments to the general progress of work. In other          sources for Construction purposes have to be borne by
words, this will not be aIlowedto have any effect on the          the contractors/Agency.
general progress of work or any of the terms on and               3.   FOR FLOOR LEVELS OF TECHNICAL
conditions of the contract No claim of extension of time          ROOMS:
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 of      variation in floor level in excess of3 mm.
the Engineer-in-charge within a period 0£'90 days from
the date of commencement of the work failing which the                     (b) The levels if checked over a distance of 4
Engineer-in-charge shaIl have the power to levy                   metres in any direction shaIl not be found to exceed
penalty/compensation at the rate of Rs.50/- per day till the      5mm.
sample quarters are complete. In the meanwhile the
structural and other cladding works in other parts ofthe                   (c) The maximum permissible variation in the levels
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
retained. No extra claim or extra payment over and above                   In cases where technical rooms are located in
admissible under the agreement whatsoever shall be                ground floor directly over the plinth filling, the laying of
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 Engineer-
                                                                        GUARANTEE TO BE EXECUTED BY
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 ___________________________________________
                                                 77    Nellore NIT 2
          Conditions regarding the payment of water Charges,     of ____________ (herein-after called the
Sewerage Charge, etc. in connection with the Water used for      Guarantor of the one part) and the BSNL (hereinafter
construction purpose:                                            caIled the BSNL of other part).
                                                                                WHEREAS THIS agreement is supplementary
        Both the water charges (if any) plus sewerage            to a contract (hereinafter called the contract) dated
charges, incidential to water used for construction              .............................................and made between the
purposes shaIl have to be borne by the                           GUARANTOR of the one part and the B,SNL of the
Contractors/Agency under the foIlowing cases.                    other part hereby the contractor interalia, under took

                                                                 of the notice trom the Engineer-in-charge calling upon
                                                                 him to rectify the defects failing which the work shal1
to render the buildings and structures in the said contract
                                                                 be got done by the BSNL by someother contractor at
recited completely water leak-proof.
                                                                 the GUARANTOR'S cost and risk. The decision of the
         AND WHEREAS THE GUARANTOR agree to                      Engineer-in-charge as to the cost, payable by the
give a guarantee to the effect that the said a structures will   Guarantor shall be final and binding.
remain water and leak proof for. TEN years from the date                   That if the Guarantor fails to execute the water
of giving of water proofing treatment.                           proofing or commits breach thereunder then the
                                                                 guarantor will identify principal and his seccessors
          NOW THE GUARANTOR hereby guarantees                    against al1 loss damage, cost expense or otherwise
that water proofing treatment given by him will render the       which may be incurred by reason of any default on the
structures completely leak proof and the minimum life, of        part of the GUARANTOR in performance and
each water proofing treatment shal1 be five years to be          observance of this supplementary agreement. As to the
reckoned trom the date after the maintenance period              amount of loss and / or damage and/or cost incurred by
prescribed in the contract provided that the guarantor will      the BSNL the decision of Engineer-incharge will be
not be responsible for leakage caused by earthquake or           final and binding on the parties.
structural defects or misuse of roof or alteration and for                    IN WITNESS where of these presents have
such purpose.                                                    been             executed                by          the       de I igator
          (a) Mouse ofroofshal1 mean any operation               ------------------------------------------------------and by
which will damage roofing treatment like chopping of fire        ...........................................................and for and on
wood things of the same nature which might cause                          behalf of the BSNL on the day month and year first
damage to the roof.                                                                                                              above written.
          (b) A_teration shal1 mean construction of an
additional storey or a part of the roof or construction                      SIGNED, sealed and delivered                             by
                                                                             (OBLIGATOR) in the presence of
adjoining the existing roof whereby-proofing treatment
removed in parts.                                                1
                                                                 2
          (c) The decision of the Engineer-in-charge with
regard to cause of leakage shal1 be final.                       Signed for an on behalf of the BSNL by                       in           the
          During this period of Guarantee the guarantor          presence of:
shal1 make good al1 the defects and in case of any defect
being found render the building water proofto the
                                                                 I.
satisfaction ofthe Engineer-in-charge at his cost and shal1
commence the work for such rectification within seven            2.
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
                                                78     Nellore NIT 2
and the BSNL (hereinafter cal1ed the BSNL of the other        infestation of termites to the satisfaction of the Engineer-
part) WHEREAS THIS AGREEMENT is supplementary                 in-charge at his own cost and shall commence the work
to a contract (hereinafter cal1ed the contract dated and      for such rectification within seven days trom the date of
made between the Guarantor oftheone part and the BSNL         issue of the notice trom the Engineer-in-charge calling
ON THE OTHER PART where by the contractor interalia           upon him to rectify the defects failing which the work
under took to render the buldings and structures in the       shaIl be got done by BSNL by some other contractor at
said      contract    completely     tree     trom     any    the GUARANTOR'S cost and risk. The decision of the
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                          - and      discharges this guarantee.
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
In consideration of the. BSNL (hereinafter called 'BSNL')     bear or enforce any of the terms and conditions, relating
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
No. dated ------------------                                  which under the law relating to sureties would but for
                   made between         an        for         this provision, have effect of so relieving us.
                                  -                                    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
conditions contained in the said Agreement or production               7. We
of a bank guarantee for Rs.                                   under (indicate the name of the Bank) take not to revoke
                                                              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
(indiCate the name of the Bank) (hereinafter referred to as                 to-------------------Rs          (Rupees
the Bank") at the request of contractors) do hereby                ------
undertake to pay to the BSNL amount not exceeding Rs.                                only) and unless a claim in
                                                  on          writing is lodged with us within six months of the date
demand by BSNL.                                               of expiry of the extended date of expiry of this
                                             79     Nellore NIT 2
          2. We                                                        guarantee, all our liabilities under this guarantee shall
do hereby (indicate the name of the Bank) undertake to                 stand discharged.
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 meet the
                                                                       day of
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
amount and payable by the Bank under this guarantee.                                      (Indicate the name of Bank)
However, our liability under this guarantee shall be                                      AFFIDAVIT
restricted to an amount not exceeding Rs.                                       I/We have submitted a bank guarantee for
          3. We undertake to pay to the BSNL any money                 the work ------------------------------------------------------
so demanded notwithstanding any dispute or disputes
raised by the contractor(s) in any suit or proceeding                  --------------------------------------------
pending before any 'court or Tribunal relating thereto. Our
liability under this present being absolute and                        ---------------------------------------------------(name 0 f
unequivocal.                                                           work) Agreement No.                                 dated the
         The payment so made by us under this bond                                   from (Name of the bank with full address)
shalj, be a valid discharge of our liability for payment
thereunder and the contractor(s) shall have no claim                                TO THE EXECUTIVE
                                                                       ./
against us for making such payment.
 4. We (indicate the name of the Bank) further agree that              ENGINEER'-----------------------------------
the guarantee herein contained shall remain in full force
and effect during the period that would be taken for the               --------------------------------------------'-- wit;h a view
                                                                       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 Engineer-
                                                                       upto a period. of months after the recorded of
in-charge on behalf of the BSNL certified that the terms
                                                                       completion of the work or as directed by the Engineer-
and conditions of the said Agreement have been fully and
                                                                       in-charge VWe also indemnify the B SNL against any
properly carried out by the said contractor(s) and
                                                                       losses arising out of non-encashment of the bank
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 metric                   These shall be of uniform deep red,cherry or
dimensions given in the schedule of quantities. The FPS units          copper col()£lr, thoroughly burn without being verified
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 of
                                                                       in thickness of the courses of brick work.
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 by the
                                                                                All the bricks which absorb water more than
contractor on his own or shall sell the surplus earth to
                                                                       20% of their own dry weight after 24 hours immersion
private parties at his discretion but nothing extra will be
                                                                       in cold water shall be rejected.
paid for the carriage or disposal of surplus earth from the
site of work.                                                          WOODWORK

                                                    80      Nellore NIT 2
         The Portland Pozzolana cement if used in works
the following condition may be adhered to:                              I. The wood shall be second class Indian Teak
         "The period that shall elapse after the concrete      wood or country wood as mentioned in the relevent item
                                                               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
will be entertained."                                          below:
                                                               (a)       Material             75 percent (X)
          3. The work shall be executed as per the CPWD        (b)       Labour               25 percent (Y)
specification 1996 Vol. I to VI with upto date correction
                                                                         Total                100 percent
slips in case of discrepancies between the specifications
of a particular item as indicated in the CPWD                  All manufactured materials used on the work shall have I.S.I.
specifications mentioned above and as indicated in the         mark. In_case of materials for which no manufacturer has been
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
                                                               specifications of the ISI code (in the absence of CPWD
         4. All stone aggregate, sand etc. shall be            specifications for any partiCular material). In the case of non-
obtained only from quarries or other sources approved by       IS I marked materials tests shall be conducted to ensure that
Engineer-in-charge. All materials shall be got approved        they conform to the specifications or codes mentioned above.
by the Engineer-in-charge before they are actually
procured and used at site.
         5. The grading of sand to be used for mortars                    10. All materials which are to be tested before use of
and concrete shall be determined at the site of the work by    the work should be procured atleast 2 months before use on the
                                                               work so that enough time is available for testing them before
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
7. The bricks shall be moulded with sand from brick            paid for doing RCC or centering, shuttering in columns and
earth. The earth shall be fairly stiff when dry clay loam or   beams where the shape is different from the usual square or
sand clay loam in texture. If earth is of tenacious nature     rectangle.
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.
         13. The rate foritem under the sub head RCC of                 17. 'Plinth level' in the schedule corresponds to
the schedule shall also include the cost of treating the       floor one level of specification 1977.
exposed RCC surface as follows:
                                                               '1 st floor level' corresponds to floor two lcvels
                                                               '2nd floor level' corresponds to floor three levels., '3rd
         Any defects like cavities, damaged edges, honey       floor level' corresporids to floor four levels '4th floor
combing etc. that emerge or removal of                         level' corresponds to floor five levels '5th floor level'
centering and shuttering shall be first repaired with
cement mortar 1: 1 (1 cement 1 fine sand). A coat of           corresponds to floor six levels

                                              81     Nellore NIT 2
cement slurry at the rate of 0.5 kglsq.m shall then be                    18. 'T' IRON FRAMES M.S. sill tie I Omm dia
applied 011 the repaired surface which shall be slightly        M.S. bar shall be welded to the 'T' iron frame atthe
rubbed with a corborandum to achieve a uniform surface          bottom to keep the frame in correct position. The still tie
of shade to match the adjoining surface.                        shall be embeded in floor concrete. The rate for '1' iron
                                                                frame is inclusive of sill the required for door frames
                                                                which will not be measured separately for the purpose
          14. The contractor must associate himself with a      payment. No deduction will however be made on this
specilisedfm'nfor integral cement based water proofing          account in case of window frames. The rate shall be
treatment for sunked floor and on roof and get the item of      inclusive of fixing the hinges to the Tiron frame with
work done through the specialised firm, 10 years                machine screws and the cost of M.S. socket plates and
guarantee in the prescribed proforma attached must be           their fixing with T -iron frames required for tower bolts
given.\the contractor in token of his overall responsibility.   and other fittings. For the
In addition 10% (Ten percent) of cost of these items shall                purpose of payments under this item only
be retained as guarantee to the performance of the work         length of the T-iron frames along its centre one shall be
done.                                                           measured and its weight worked out from standard
                                                                tables.
          However; half of this amount (with held)
shall be realised after 5 years if the performance of work
done is satisfactory. If any defect is noticed during the                 Neither deduction nor extra payment shall be
guarantee period, it shall be rectified by the contractor       made for making holes necessary arrangements for
within seven days of receipt of notice from the Engineer-       fixing fittings.
                                                                          Whether T-iron frames rolled steel frames or
in_charge and if not attended to, the same shall be got
                                                                Aluminium frames are to be fixed along RCC column,
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 approved
                                                                long) counter sunk headvarient including fastener's
standard specialist firms in this field firms of which are
                                                                shields and drawing the expander nails with hammer etc.
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,
Gogast Fort, Bombay-I.                                                   19. The contractor shall at his own expense and
2. M/s.Hindustan Water Proofing Co., E-60, Greem Park,          without expense and without extra charge make
New Delhi-l 10016.                                              provision for all shoring pumping dredging, or bailing
 M/s.Mech-AiTideWater proofing Co., A-4, Jairemeshwar           out water if found necessary. The foundation trenches
Society,                                                        shall be kept free from water while all the work below
S.Y. Road, Geregaon West,                                       ground level are in progress.
Bombay-400 052.                                                           20. All steel doors windows & ventilators shall
Overseas Water Proofing Corpn.                                   be according to the architectual drawings and the rate
boldota Bhavan, 2nd floor, P.B. No:719, Queen Road,              quoted by the tendyrer shall include the cost of all
Bombay-400 020.                                                  component parts vide para 10. of central P. W.D.
M/s.New Asia Company (Bangalore), F.Rahdman Abdul                Specifications Vol 1 1977. In case of composite steel
Sakoor Bldg. 1 st Floor, Near Post Office Madivala               windows, the rates for fixed windows and openable
Extension, Bangalore-560 068.                                    windows shall be applicable to the fixed and openable
15. The architectural drawing based on which the work is        - areas in the composite windows respectively and
to be executed are available with the Executive Enginer, -       nothjng extra shall be payable for coupling sections such
Division                                                         as Ipullions and transums. The openable area in
------------------------and can be inspected by the              composite windows, shall be measured as the clear
prospectivetenders upto the date of receipt of tenders at        opening of openable shutters.
his officeduring working hours.                                          21. The sanitary water supply and drainage
                                                                pipes and fittings and other materials shall be of
16. Before receiving final payment for the work the             approved quality and shall conform the relevant
contractor shall give an undertaking to the effect that at      specifications of CPWD specification for works at Delhi
his own cost, he will rectify the defects in walls roof, like   1977 volume n.
leakage, cracks etc, which may come to light during the
first monsoon after the completion of the work and for
this purpose part of the Security Deposit whict may be                   For the execution of water supply and drainage
deemed reasonable by the Engineer-iri-charge shall be           items, the contractor should employ a licenced plumber.
retained till the first monsoon is over as Security against
the contractor's failure to act upon the undertaking. This      (EXECUTIVE ENGINEER)
                                               82    Nellore NIT 2
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 mazdoor           be stepped back to give suitable slope or securely held
,.

shall be engaged for holding the ladder and if the ladder is       by timer bracing, so as to avoid the danger of sides to
used for carrying materials as well, suitable footholds            collapse. The excavated materials
andhandholds shall be provided on the ladder and the           ,   shall not be placed within 1.5 m(5 feet) of the edges, of
ladder shall be given an inclination not steeper than 1/4to        the trench or half of the depth of the trench whichever is
1 (114 horizontal and 1                                            more. Cutting shall be done from top to bottom. Under
vertical).                                                         no circumstances undermining or undercutting'shall be
                                                                   done.
           (ii) Scaffolding or staging more then 3.6m (12                   (vii) Demolition - Before any demolition
feet) above the ground or floor, swung or suspended from              work is commenced and also during the process of the
an overhead support or erected with stationary support                                                               work:
shall have a guard rail properly attached or bolted braced
and otherwise secured at least 90cm. (3 feet) high above                      (a) All roads and open areas adjacent to the work
the floor or platform of such scaffoldings or staging and          side shall either be closed or suitably protected.
extending along
.the entire length of the outside and ends thereof with only                 (b) No electric cable or appra_us which is liable to
such opening as may be necessary for the delivery of               be a source of danger over a cable or appratus used by the
materials. Such scaffolding of staging shall be so fastened        operator sball .remain electrically charged.
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
         (iii) Working platform, gangways, and                     explosion of flooding. No floor, roof or other part of the
stairways should be so constructed that they should not            buildings shall be so ever loaded with debris or materials
sag undul)!,or uQequally, and if the height of the platform        as to render it unsafe.
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
                 \

they should be closely boarded, should have                        be kept available for the use of the person employed on
adequate width and should be suitably fastened as                  the site and maintained in a condition suitable for
described in (ii) above.                                           immediate use, and the contractor should take adequate
                                                                   steps to ensure proper use of equipment by those
           (iv) Every opening in the floor of a building or        concerned.
in a working platform be provided with suitable means to
                                                                            (a) Workers employed or mixing asphaltic
preventthe fall of persons or materials by providing
                                                                   materials, cement and lime mortars shall be provided
suitable fencing or railing whose minimum height shall be
                                                                   with protective footwear and protective goggles.
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. Every
                                                                   mixing and stacking of cement bags or any material
ladder shall be security fixed. No portable single ladder
                                                                   which is injurious to the eyes should be provided with
shall be over 9m. (30 feet) in length while the width
                                                                   protective goggles.
between side rails in rug ladder shall in no case be less
than 29cm. (1 1 Yz") for ladder upto and including 3m.                     (c) Those engaged in welding works shall be
(10 feet) in length. For longer ladders this width should be       provided with welder's protective eye sight lids.
increased at least W' for each additional30,cm. (1 feet) in
length. Uniform step spacing shall not exceed 33 cm
(12"). Adequate precaution shall be taken to prevent                        (d) Stone breakers shall provided with
                                                                   protective goggles and protective clothing and seated at
                                              83     Nellore NIT 2
danger from electrical equipment. No materials on any of       sufficiently safe intervals.
the sites of work shall be so stacked or placed as to cause
                                                                        (e) When workers are employed in sewers and
danger or inconvenience to any person or the public. The
                                                               manholes, which are in active use, the contractors shall
contractor shall provide all necessary fencing and lights to
                                                               ensure that the following safety measures are adherd 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 be               (i) Entry for workers into the line shall not; 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.



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, which                    (xvi) The extentto.which these precautions
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 such           Wherever men a)Jove the age of 18 are employed on the
rope should be handled by two men standing outside to          work oflead painting, the folJowing precautions should
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. Proper      paint.
warning signs should be displayed for the safety of the
public whenever cleaning works are under taken during                   (ii) Suitable face masks should be supplied for
night or day.                                                  use by the workers when paint is applied in the form of
         (vii) No smoking or open flames be allowed near       spray or a surface having lead painting dry rubbed and
the blacked manhole being cleaned.                             scrapped. .
                                                                        (iii) .Overa]]s sha]] be supplied by the
          (viii) The malba obtained on account of cleaning     contractors to the workmen and adequate facilities shall
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 rest      product containing these pigment shall not be used in
intermittently. The Engineer-in-charge may decide the          painting operation except in the form of pastes or paint
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 called      caused by dry rubbing down and scrapping.
for. Portable air blowers are recommended for ventilating
                                              84     Nellore NIT 2
the manholes. The motors for these shall be vapour proof              2( a) Adequate facilities shall be provided to
and of totally enclosed type. Non sparkling gas engines      enable working painters to wash during and on cessation
also could be used but they should be placed at least 2      of work.
metres away from the opening and on the lowered side
protected from wind so that they wilJ not be source of
                                                                      (b) Over-all shaH be worn by working
friction on any inflammablegas that might be present.
                                                             painters during the whole ofworkingp_riod.
                                                                       (c) Suitable arrangements shall be made to
    .   (xii) The workers engaged for cleaning the prevent clothing put off during working hours being
manhole/sewers should be properly trained before             soiled by painting materials.
allowing to work in the manhole.
         (xiii) The workers shall be provided with Gum               3.(a) Cases oflead poisoning and suspected
boots or non sparkling shoes, bump helmets and gloves        -lead poisoning shall be notified and shaH be
non sparkling tools, safety lights and gas masks and         subsequently verified by medi_al man appointed by
portable air blowers (when necessary). They must be          competent authority ofBSNL.
supplied with barrier cream for anointing the limps before
working inside the sewer lines.                                      (b) BSNL may require, when necessary medical
                                                             examination ofworkers.

         (xiv) Workman descending a manhole shall try
each ladder step or rung carefulJy before putting his full             4. Instructionwith regard to special hygenic
weight on it to guard against in secure fastening due to     precautions to be taken in the painting trade shall be distributed
corrosion of the rung fixed to manhole wall.                 to working painters.

                                                                        (ix) When the work -is done near any place where
                                                             there is risk of drowning all necessary equipments should be
                                                             provided and kept ready for use and all necessary steps taken
should be made for 'prompt first aid treatment of all        for prompt rescue of any person in danger and adequate
injuries likely to be sustained during the course of the     provision
work.                                                        whenever he brings and machinery to site of work and
                                                             get it verified, by the Electrical Engineer concerned.
          (x) Use of hoisting machines and take including
their attachments, anchorage and supporters shall conform              (xi) Motors, gearing, transmission, electric
to the following standards or conditions.                    wiring and other dangerous parts of hoisting appliances
                                                             should be provided with the efficient safeguards.
          I. (a) These shall be good mechanical              Hosting appliances should be provided with such means
constructions, sound materials and adequate strength and     as will reduce to the minimum the risk of accidental
free from patent defects and shall be kept in good           descent of the load. Adequate precautions should be
working.order,                                               taken to reduce the minimum the risk of any part of a
         (b) Every rope used in hoisting Or lowering         suspended load becoming accidentally displaced. When
materials or as a means of suspen;ion shall be of durable    worker employed on electrical installations which are
quality and adequate strength, and tree trom patent          already energised, insulating mats wearing apparal such
defects.                                                     as gloves, sleeves and boots as may be necessary should
                                                             be provided. The workers should not wear any rings,
                                                             watches and carry keys or other materials which are the
          2. Every crane driver ot noisting appliance        good conductors of electricity.
operator shall be properly qualified and no person under
the age of21 years should be in charge of any hoisting                (xii) All scaffolds, ladders and other safety
machine including any scaffolding which or give signals      devices mentioned or described herein shall be
to operator.                                                 maintained in safe condition and not scaffold, ladder or
                                                             equipment shall be altered or removed while, it is in use.
         3. In case of every hoisting machine and of         Adequate washing facilities should be provided at or
every chain ring hook, shackle swivel andpully block         near places of work.
used in hoisting or as means of suspension the safe
working load shall be ascertained by adequated means.
Every hoisting machine and all gear referred to above                  (xiii) These safety provisions should be
shall be plainly marked with the safe working load. In       brought to the notice of all concerned by display on a
case ofa hoisting machine having a variable safe working     notice board at a prominent place of work spot. The
load and the conditions under which it is applicable shall   person responsible for compliance of the safety code
be clearly indicated. No part of any machine or any gear     shall be named therein by the contractor.

                                               85    Nellore NIT 2
referred to above in this paragraph shall be loaded beyond                      (xiv) To ensure effective enforcement of the
the safe working load except for the purpose of testing.               rules and regulations relating to safety precautions the
                                                                       arrangements made by the contractor shall be open to
                                                                       inspection by the Labour Officer, Engineerin-charge of
4. In case of BSNL machines, the safe working load shall
                                                                       the BSNL or their representatives.
be notified by 1he Electrical Engineer-in-charge. As
regards contractor's machines the contractors shall notifY
the safe working load of the machine to the Engineer-in-                         (xv) Notwithstanding the above clauses trom (i)
charge                                                                 to (xiv) there is nothing in these to exempt the contractor
                                                                       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 onHany                   (iii) 3 large size sterlised dressings. (iv) 3 large sterilised
day during the period' during which the contract work IS
                                                                       burn dressings.
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
     .   Each first-aid box shall contain the following                and maintained at suitable places, easily accessible to
equipments:                                                            labour, a sufficient supply of cold water fit for drinking.

           (i) 12 small sterlised dressings.                                     (b) Where drinking water is obtained from an
                                                      86     Nellore NIT 2
(ii) 6 Medium size sterilised dressings. (iii) 6 large size          intermittent public water supply each work place shall
                                                                     be provided with storage where such drinking water
sterilised dressings.
                                                                     shall be stored.
(iv) 6 large size sterilized bum dressings. (v) I roll of
adhesive plaster.                                                              (c) Every water supply of storage shall be a
(vi) 1 snake   - bite lancet.                                        distance of not less than 50 feet from any latrine, drain
                                                                     or other source of, pollution. Where water has to 'be
(vii) 1 (60 m!) bottle containing salvo latile having the dose and   drawn from an existing well which is within such
mode of administration indicated on the lable.                       proximity of latrine, drain or any other source of
                                                                     pollution' the well shall be properly chlorinated before
                                                                     water is drawn from it fot drinking. All such wells shall
(viii) 6(15 gms) packets sterilised cotton                           be entirely closed in and be provided with a trap-door
                                                                     which shall be dust and water proof.
wool.
                                                                               (d) A reliable pump shall be fitted to each
          (ix) 1 (60 m!) bottle containing a two percent             covered well, the trap-door shall be kept locked and
alcoholic solution iodine.                                           opened only for cleaning or inspection which shall be
                                                                     done at least once a month.
            (x) 1 (30 gms) bottle of potassium permanganate
crystals.                                                            5. Washing Facilities:
            (xi) 1 pair of scissors.
                                                                                (i) In every work place adequate and suitable
                                                                     facilities for washing shall be provided and maintained
          (xii) 1 copy of the first-aid leaf-let issued by the       for the use of contract labour employed therein.
Director General, Factory Advice Service and Labour
Institutes, Goemment of India.                                                (ii) Separate and adequate screening facilities
        (xiii) A bottle containing 100 tablets (each of5             shall be provided for the use of male and female
grams) ofaspirin.                                                    workers.

(xiv) Ointment for bums.                                                      (iii) Such facilities shall be conveniently
                                                                     accesible and shall be kept in clean and hygenic
(xv) A bottle of suitable surgical antiseptic
                                                                     condition.
solution. .

       (3) Adquate arrangements shall be made for
                                                                     6. Latrines and Urinals:
immediate recoupment of the equipment when necessary.
                                                                              (i) Latrines shall be provided in every work
         (4) Noting except the prescribed contents shall             place on the following scale namely.
be kept in the First-Aid box.
                                                                               (a) Where female are employed, there shall
                                                                     be atleast one latrine for every 25 females.
         (5) The First-Aid box shall be kept in charge of a
responsible person who shall always be readily available                       (b) Where males are employed, there shall be
during the working hours of the work place.                          atleast one latrine for every 25 males.
          (6) A person in charge of the First-aid Box shall                     Provided that where the number of males or
be a person trained in First-Aid treatment, in work places           females exceed 100, it shall be sufficient ifthere is one
where the number of contract labour employed is 150 or               latrine for 25 males or females as the case may be, upto
more.                                                                the first 100, and for every 50 thereafter.
          (7) In work places where the number of
contract Labour employed is 500 or more and hospital
                                                                               (ii) Every latrine shall be under cover and so
faciliies are not available within easy distance of the
                                                                     partitioned off as to secure privacy and shall have a
works, First-Aid posts shall be established and run by a
                                                                     proper door and fasternings.
trained compounder. The Compounder shall be
                                                                     7.0. Construction of latrines: The inside walls shall be
                                                                          constructed of masonry or some suitable heat-
shall be cement washed inside and outside at least once a
                                                                          resisting non-absorbent materials and
year. Latrines shall not be of a standard lower than bore
hole system.
                                                                     8. Creches:

            (iv) (a) Where workers of both sexed are                          (a) At every work place, at which 20 or more women

                                                   87     Nellore NIT 2
                                                                  workers are ordinarily employed there shall be provided two
employed, thereshallbe displays out side each block of
                                                                  rooms of feasonabledimensions for the use of their children
latrine and urinal; a notice in the languae understood by
                                                                  under the age of six years. One room shall be ued as a play
the majority of the workers "For Men Only"or "For
                                                                  room for the children and the other as their bedroom. 'The
Women Only" as the case may be.
                                                                  rooms shall be consructed with specifications a_.
                                                                  Similar to those given in para 2 (c_bY Clause 19 (i) Thatched
        (b) The notice shall also bear the figure of a man or a
woman, as the casemay be.                                         Roof:

          (v) There shall be adeast one urinal for male
                                                                            (b) The rooms shall be provided with suitable
workers upto 50 and one for female workers upto fifty
                                                                  and sufficient openings for light arid, ventilation. There
employed at a time provided that where the number of
                                                                  shall be adequate prov4sionof
male or female workmen, as the case may be exceeds 500,
                                                                            sweepers to keep the places clean. {.'_       .
it shall be sufficient, if there is one urinal for every 59
males or females upto the first 500 and one for every 100                   (c) The contractor shall suppl¥;';adq_ate.
on part thereof, thereafter.                                      number of toys and games in the play room arid
                                                                  sufficient number of cots and beddings in the bed room.
         (vi) (a) The latrines and urinals other than those
connected with a flush sewerage system shall comply
with the requirements of the Public Health Authorities.                    (d) The contractor shall provide one Dais to
                                                                  look after the children in the crech when the number of
                                                                  women workers does not exceed 50 and two Dais when
    13)       The latrines and urinals shaH be adequately
                                                                  the numer of women workers exceed 50.
              lighted and shall be maintained in a clean
              and sanitary condition at all times.
                                                                          (e) The use of the rooms earmarked as
                                                                  Creaches shall be restricted to children, their attendamts,
          (vii) Water shall be provided by means of a tap         and mother ofthe children.
or otherwise so as to be conveniently accessible in or near
                                                                           (f) The standard of construction and
the latrines and urinals.
                                                                  maintenance ofcreaches shall be as may be specified in
                                                                  this behalf of the chief labour commissioner (central) .
          (viii) Disposal of excreta: Unless otherwise
arranged for by the local sanitary authority, arrangements
for proper disposal of excreta by incineration at the work        9. Canteens:
place shall be made bymeans of suitable incinerator.
                                                                  (1) In every work place where the work regarding the
Alternately excreta may be disposed of by putting a layer
                                                                  employment of contractor labour is likely to continue for
of night soil at the bottom of a pucca tank prepared for the
                                                                  six months, hundred or more are ordinarily employed
purpose and covering it with a: 15 cm layer of waste or
                                                                  and wherein contract labour numbering one an adequate
refuse and then covering it with a layer of earth for a
                                                                  canteen shall be provided by the contractor for the use of
fortnight (when it will turn into manure).
                                                                  suc_ contract labour.

         (ix) The contractor shall at his own expense
carry out all instructions issued to him by the Engineer-in-               (2) The canteen shall be maintained by the
Charge to effect proper disposal of soil and other                contractor in an efficient manner.
conservancy work in respect of the contractor's workmen
employees on the site. The contractor shall be responsible                  (3) The canteen shall consist of atIeast a dining
for payment of any charges which may be levied by                 hall, kitchen, store room, pantry and washing places
Municipal or cantonment Authority for execution of such.          separately for workers and utensils.
work on his behalf.                                                         (4) The cantee_ shall be sufficiently lighted at
                                                                  all times when any person has access to it.

7. Provisions of shelter during rest:
                                                                            (5) The floor shall be made of smooth and
At every place there shall be provided free of cost, four         impervious mater\al and inside walls shall be lime
suitable sheds, two for males and the other two for rest          washed or colour washed every four months. Provided
separately for the use of men and women labour. The               that the inside walls of the kitchen shall be lime-washed
height of each shelter shall not be less than 3 metres from       every four months.
the floor level to the lowest part of the roof. These shall
be kept clean and the space provided shall be on the basis                 (6) The precincts of the canteen shall be           .
of 0.6 sq.m. per head.                                            maintained in a clean and sanitary condition.
                                                 88    Nellore NIT 2
        Provided that the Engineer-in-Charge may                                (7) Waste water shall be carried away in
permit, subject to his satisfaction, a Portion of the                  suitable covered drains and shall not be allowed to
building under construction or other alternative                       accumulate so as to cause a nuisance.
accomodation to be used to the purpose.
                                                                                 (8) Suitable arrangements shall be made for the
         (9) The dining haIi shall accomodate at a time 30             collection and disposal of garbages.
percent of the contract labour working at a time.

          (10) The floor area of the dining hall excluding             based on "No Profit, No loss" and               shall be
the area occupied by the service counter and any furniture             conspicuously displayed in the canteen.
except tables and chairs shall not be less than one square
metre per dinner to be ,accomodated as prescribed in                         . (16) In arriving at the price of food stuffs, and
Sub-Rule 9.                                                            other articles served in the canteen, the following items
                                                                       shall not be taken into consideration as expenditure
         (11) (i) A portion of the dining hall and service             namely:
counter shall be partitioned of and re-served for women
workers in proportion to their number.
                                                                       ( a) The rent of land and building:
           (ii) Washing places for women shall be
                                                                       (b). The depreciation and maintenance charges for tpe
separate and screened to secure privacy. '                             building and equipments provided for the canteen:
          (12) Sufficient tables, stools chairs or benches
shall be available for the number of dinners to be                              (c) The cost of purchase repairs and
accommodated as prescribed in Sub-Rule 9.                              replacement of equipments including furniture crockery,
                                                                       cutlery and utensils:
         (13) (a) (i) There shall be provided and                               (d) The water charges and other charges
maintained sufficient utensils, cookers, furniture and any             incurred for lighting and ventilation:
other equipments necessary for the efficient running - of the
canteen.
                                                                                 (e) The interest and amounts spent on the
         (ii) The furniture utensils arid other equipments
                                                                       provisions and maintenance and equipments provided
shall be maintained in a clean and hygienic condition.                 for in the canteen:
                                                                                (17) The accounts pertaining to the canteen
         (b) (i) Suitable clean clothes for the employees
                                                                       shall be audited once every 12 months by registered
serving in the canteen shall be provided and maintained.
                                                                       accountants and auditors.
          (ii) A service counter, ifprovided, shall have
tap or smooth and imprevious material.                                 10. Anti-Malarial Precautions:
          (iii) Suitable facilities including an adequate supply of             The contractor shall at his own expense,
hot water shall be provided for the cleaning                           confirm to all anti-malarial instructions given to him
           of utensils and equipments.                                          by the Engineer-in-charge including the filling
                                                                       up of any borrow pits which may have been dug by him.

         (14) The food stuffs and other items to be served                       11. The above rules shall be incorporated in the
in the canteen shall be in conformity with normal habits               contracts and in notices inviting tenders and shall form
of the contract labour.                                                an integral part of the contractors.
(15) The charges fodood stuffs, beverages and any other                12. Amendments:
items served in the canteen shall be
                                                                       Government may, from time to time, add to or amend
                                                                       these rules and issue such directions as it may consider
                                                                       necessary for the purpose ofremoving any difficuity
                                                                       which may arise in the administration thereof.



                                  Contractor Labour Regulations
1. Short Title:                                                       to made up, clearned, washed, altered ornamental
                                                    89     Nellore NIT 2
           These regulations may be called the"                 finished, repaired, adopted other wise processed for sale
Contractors "Labour Regulations".                               for the purpose of the trade or business of the trade of
2.        (i) Definitions:                                      the principal employer and the process is to be carried
           "Workmen" means any persons employed by a            out either in the home ofthe out workers or in some other
BSNL or its Contractor directly or indirectly through a         premises not being premises, under the central and
sub-contractor with or without the knowI.edge of the            management of the principal employer.
contractor with or without the knowledge of the BSNL to                   (ii) "fair Wages" means wages whether for time
the any skilled, semiskilled or unskilled manual                or piece work fixed and notified under the provisions of
supervisory, technical or clerical work for hire or reward,     the Minimum Wages Act                         from time
whether the terms of employment are expressed or                to time.
-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 of
managerial or administrative capacity: or                       goods or articles of mimufacture through contract labour for
          (b) Who being employed in a                           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 the       deflned in the payment Wages Act.,
                                                                     18) Normally working hours of an adult employee
nature of the duties attached to the office or by reason of
                                                                         should not exceed 9 hours a day and in case of
power vested in him, functions mainly of managerial
                                                                         a child 4 Yz hours in a day. The working day
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 any
work for more than 9 hours on any day or for more than          kind except those specified by the central Government
48 hours in any week he shall be paid overtime for the          by general or special order in this behalf or
extra hours put in by him at double the ordinary rate of        permissible under the payment of . wages Act. 1956,
wages. Children shall not be made to work extra hours.          .         (ix)       A notice showing the wages
          (cHi)    Every workers shi1l1 be given a              period and the place and time to disbursement of wages
weekly holiday normally on a sunday, in accordance with         shall be displayed at the place of work and a copy sent
provisions ofthe:: Minimum wages.(Central Rules 1960            by the contractor to the Engineer- in-charge under
as amended from time to time respective of whether such         acknowledgment.
workers is governed by the Minimumm 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 the
prescribed the Government under the Minimum Wages               Junior Engineer or any other authorised representative of
Act are not inclusive of the wages for the weekly d.ay          the Engineer in charge who will be required to be
or.rest the worker shall be entitled to rest day wages at the   present at the place and time of disbursement of wages
rate applicable to the next preceding day. Provided he has      by the contractor to workman. .
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
                                                                representative ofthe Engineer-in-charge as the case may
         (iii)    Where a contractor is pemitted by
                                                                be, a certificte under his signature at the end of the
the Engineet;r-in-charge to allow a worker to work on a
                                                                entries in the "Register of wages" or the "Wagecum-
normal weekly holiday, he shall grant a substituted
                                                                Muster Roll" as the case may be in the following form.
holiday to him for the whole day on one of the five days
immediately before or after the normal weekly Holiday
and pay wages to such worker for the work performed on                    "Certified that the amount shown in ..coumn
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 wages         employment he is required to work, the amount of
                                               90    Nellore NIT 2
are earned, wage periods. dates of payments of wages and       deduction shall be in proportion to the period for which
other    relevant information as per Appendix "A".             he was absent.
4. ,Paymentofwages:                                                       (c).        Deduction for damage to or loss
          (i)          The contractor shall fix wage           of goods expressly entrusted to the employed person for
p<rriod, in respect of which. wages shall be payable.          custody, or of loss of money or any other
          (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.
         (iii) The wages of every persons employed as                    (d) Deduction for recovery of advances or for
contract labour in an establishment or by a contractor         adjustment of over payment of wages; advances granted
where less than one thousand, such persons are employed        shall be entered in a register.
shall be paid beforethe expiry of the seventh day and in                 (e) Any other deduction which the
other cases before the expiry of tenth day after the last      CentrarGovernment may from time to time allow.
day of the. wage period in respect of which the wages are                (ii) No fines should be imposed on any worker
payable.                                                       save in respect of such acts and omissions on his part as
         (iv) Where the employment of any worker is            have been approved of by the Chief Labour
terminated by or on behalf of the contractor the wages         Commissioner.
earned by him shall be paid before the expiry of the                     Note: An approved list of acts and omissions
second working day from the date on , which his                for which fines can be imposed is enclosed at
employment is terminated.                          .
         (v) All payments of wages shall be made on a          Appendix -1.
working day at the work premieses and during the woking        (iii) No fine shall be imposed on a
time and on a date notified in advance, and in case the        worker and no deduction for damage or loss shall be
work is completed before the expiry of the wage period,        made from his wages until the workers has been given
final paymnt shall be made within 48 hours of the last         an opportunity of showing cause against such fines or
working day.                                                   deduction.
         (vi) Wages due to every workers shall be paid to      8.0. The total amount of fine which may be imposed in
him direct or to other person authorised by him in this              anyone wage period on a worker
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 wage
period.                                                        7. Attendance Carel-cum Wage Slip;
             (v)     No fine imposed on workers shall                    (i)      Thecontract6f shallis$ue 1m
be recovered from him by insul.lment or aftertheexpiry: or     attendance card cum_wage slip" to each. workman
sixty days from the date on which itwas imposed.               employed by him intjle specimen form at (Appendix-E),
            (vi)   Every fme shall be deemed to have           (ii) The card shall be valid for each wage
     been imposed on the day of the .actor. omission in
   respect of which it was imposed. .                          period.
              6. LABOUR RECORDS.
              (i)         The contractor shall maintain a                (iii) The contractor; sh&IJ mark the attendance
"Register of persons employed" on work contract in Form        of each workman on_the card twice each day, once at the
XIII of the CL(R&A) Central Rules 197] (Appendix-B).           commencement ofJhe day and again . after the rest interval
                                                               before he actually starts work. .
              (ii) The contractor shall maintain a
                                                                         (iv) The card shall rem(iininp6ssession of
"Muster Roll" register in respect of all workmen
                                                               the worker during the wageperi()_'UI1der reference:
employed by him on the work under contract inForm XVI
                                                                         (v) The contractor sh&ltcotnp(ete the w&ge
of the CL(R&A) Rules] 97] (Appendix-C):
                                                               slip portion on the reverse ofthe_ard at le&st a date prior
          (iii) rhe contractor shall maintain a "Wage          to the disbursement of wages in respect of the wage
Register" in respect of all workmen employed by him on         period under reference.
the work\!nder c_mtractiri Form XVI of the CL(R&A)                        (vi) The contractor shall obtain the
Rules 197] (Appendix-D)..                                             sigl1ature or thumb impression oftheworker on the
          (iv) Register of accidents:- The contractor shall        ,wages slip at the time of disbursement of wages. and
maintain a register of accidents in such form as may be         retain the card with under reference.
convenientatthe work place but the same shall include the                 8. Employment card:
                                                   91   Nellore NIT 2
        following particulars,                                                 The contractor shall issue an Employment
                  (a) Full particulars bf the labouret;:swho met    card in Form XIV ofthe CL(R&A)Central Rules] 971 to
        with accident.                                              each worker within three' days ot:the employment     of
. (b) Rate of Wages                                                 the worker (Appendix F).
        (c) Sex                                                     9. Service Certificate_'
        (d) Age                                                     On teqninationof't_mployment for any
        (e) Nature of accident and cause of accident. (f) Time and . reason whatsoever the contractor shall issue to the
        date of accident.                                           workmen whose service have been terminated a serVice
        (g) Date andtime whena<imitted in Hospital. (h) Date of     certificate iri FQn11AX¥ofthe CL(R&A) Central. Rules
                                                                    1971 (Appendix:G).
        ciischarge from the Hospital. 0) Period of treatment and
                                                                    10. PreserV'atiOlrOfLabour Records:
        result of
                                                                              All records required to be maintained under
        treatment.
                                                                    Regulations Nos.6 and 7 shall be preserved in original
                     (j) Percentage of loss of earning capacity
                                                                    for a period of three years from the date of/ast entries
        and disability as assessed by Medical Officer.
                                                                    made in them arid shall he made available for inspection
                     (k) Claim required to be paid under
                                                                    by the Engineer- in-charge, L_bour Officer or any other
            workmen's compensation Act.                             Officers authorised by the BSNL Civil Wing in this
                     (I) Date of payment of compensation.           behalf. .
                     (m) Amount paid with details of the persons              II. Powers of Labour Officers to make
        to whom the same was paid.                                  investigations or enquiry;
                     (n) Authority by whom the compensation                   The Labour Officer or any other person
          was assessed. .                                            authorised by Central Government on their behalf shall
                   (0) Remarks.                                      have power to make enquiries with a view to
                (v) Register of Fines - The contractor shall         ascertaining and enforcing due and proper observance of
       maintain a Register of Fines, in the Form XII of the          the Fair wage clauses and the Provisions of Regulations.
       CL(R&A) Rules 1971 (Appendix H).                              He shall investigate into any complaint regarding the
                The contractor shall display in a good condition     dafault made by the contractor or sub-contractor in
       and in conspiCuous place of work the approved list Of         regard to such    provision.
       Acts and Omissions for which fines can be imposed.
       (Appendix-I).                                                 12. Report of Labour Officer:
               (vi) Register of deductions     -The contractor
                                                                     The LabourOffi«er or other persons
       shall maintain a "Register of deductions for damage or        authorisesd as aforesaid shall submit a report or result of
       loss" in Form XX of the CL(R&A) Rules 197]                    his investigation or enquiry to the Executive Engineer
       (Appendix-J)                                                  concerned indicating the extent if any to which the
                 (vii) Register of Advances    -    The contractor   default has been committed with a note then necessary
       shall maintain a "Register of Advances" in Form XXII of       deductions from the contractors will be made and the
       the CL(R&A) Rule, 1971 (Appendix-K)                           wages and other dues be paid to the labourers concerned.
                    (viii) Register of overtime - The                In case an appeal is made by the contractor under clause
                 contractor shall mainJ:«in a "Register of           12 of these regulation actual payment to labourers will
       Overtime" in                                                  be made, by the Executive Engineer after the
                 (a) The Executive Engineer shall arrange            superintending Engineer has given his decision on such
       payments to the labour concerned within' 45 days from         appeal.
       the receipt of the report from the labour Officer or the
       Superintending Engineer as the case may be.         13.
                  Appeal against the decision of                     employers in which he is a member.
       Labour Officer:                                                         (b)              An Officer of a federation of
                 Any person aggrieved by the decision and            associations of employers, to which associations referred
       recommendations of the Labour Officer or other person so      to in clause(a) is affliated.
       authorised may appeal against such decision to the                      (c)              Where the employed is not a
       Superintending Engineer concerned within 30 days from         member of any association of employers, by an officer
       the date ofdecision, forwarding simultaneously a copy         of association of employer connected with or any other
       ofqis appeal to the Executive Engineer concerned but          employer, engaged in the industry in which the employer
       subject to such appeal, the decisions of the Officer shall    is engaged.
       be final and binding                                                    (iii) No party shall be entitled to be represented

                                                    92     Nellore NIT 2
                                      . upon the Contractor.    by a legal practitioner in any investigation or enquiry
          14. Prohibition                                       under these regulations.
                              t;epresentation through lawyer: 15. Inspection of Books and slips.
          (i) A workman shall be entitled to be represented               The contractor shall allow inspection of all
 in any investigation or enquiry under these regulations by the prescribed labour records to any of his workers or to
                                                                his agent at a convenient time and place after due notice
           (a) An officer or a registered trade union of        is received to be the Labour Officer or any otheri person
which he is a member.                                           authorised by the Central Government on his behalf.
           (b) An officer of a federation of trade unions       J6. Submission of Returns:
referred to in clause (a) is affiliated.                        The Contractor shall submit periodical
          (c) Where the employer is not a member of anyreturns as may be specified from time to time.
registered trade union, by,anofficer a registered trade 17. Amendments:
union connected with, or by and other employed in the                     The central Government may from time to
industry in which the worker employed.                          time add to or amend the regulations and on any
          (iii) An employer shall be entitled to be question as to the application interpretation or effect to
                                                                those regulations the decision of the superintending
represented of any investigation or enquiry under these
                                                                Engineer concerned in that behalf shall be final.
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
____________________________________________________________


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

                     Fixed                 Paid




                                                                                                                            ,


Weekly holiday ……………………………………………………………………………………………….
Wage
                                                  93   Nellore NIT 2
Period………………………………………………………………………………………………………….
Date         of            payment         of         wages

…………………………………………………………………………………………………………..

Working

hours……………………………………………………………………………………………………………………….

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




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