HINDUSTAN COPPER LIMITED TO BE SUBMITTED ALONG by liuhongmei

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									                                           {TO BE SUBMITTED ALONG WITH TECHNO-COMMERCIAL BID}

                                      HINDUSTAN COPPER LIMITED
                                    MALANJKHAND COPPER PROJECT
                                     (A Government of India Enterprise)
                                     POST – MALANJKHAND – 481 116
                                         DIST – BALAGHAT (M.P.)

                                   DETAILED LETTER INVITING TENDER
                                                {DLIT}
                                       TERMS AND CONDITIONS


HCL/MCP/CIVIL/CSR/ 10 / 99(A)                                                              DATE: 06.9.2010


__________________
___________________


Sub :-   "CONSTRUCTION OF COMMUNITY CENTER HALLS INCLUDING INTERNAL ELECTRIFICATION
          WORKS AT CHINDITOLA AND BOERKHEDA VILLAGES BY HCL/MCP UNDER CSR ACTIVITY"

Ref : NIT No- HCL/MCP/CIVIL/CSR/10/99(A) Dtd 06.9.2010                .


                                                       ****
Sealed item rate tenders in two bid system – Techno-Commercial bid and Price bid are invited from civil
contractors having valid registration in Public Sector Enterprises / Central Govt. Deptts / State Govt. Deptts. -
like, Railways, P.W.D, CPWD, Irrigation ,etc. for execution of the under mentioned job at Chhinditola and
Boerkheda villages near Malanjkhand Copper Project. The Contractors should have executed at least three
civil jobs of Rs 10.25 Lacs or above for a Public Sector / Central / State Govt. in any one of the last
immediately preceding three financial years or during the current financial year.
The bids shall be sealed in two envelopes separately. The first envelope will contain the techno-commercial
bid and second envelope will have the price bid only. Each envelope will be identified clearly by super scribing
on the top of the envelope as “Techno-Commercial” or “Price-Bid”. Details of Earnest Money Deposit must be
super scribed on the envelope containing the techno-commercial bid. The EMD should not be contained in the
envelope for price-bid. In case EMD is not enclosed along with the techno-commercial bid or the same is not
indicated in the envelope, offer so received shall be rejected. The two sealed envelopes should be inserted in
another envelope super scribing the name of work, details of EMD, date and time of opening, name of the
party and to be addressed to Sr. MANAGER (CIVIL), CIVIL ENGG DEPTT. Hindustan Copper Limited.
Malanjkhand Copper Project. Techno-commercial bid shall include- past experience with documentary proof,
details of valid registration, etc. and other details pertaining to staff structure, documents of service tax
registration , income tax PAN etc.

1. SCOPE OF WORK:

1.1      The scope of work includes construction of community center halls of approximate 1050 Sqft plinth
         aera one at Chhinditola village and one at Boerkheda village. The halls shall be RCC frame structure
         which includes RCC columns with footings, RCC beams, RCC slab, brick work in sub structure and in
         super structure, wooden door window frames,shutters,flooring finishing including internal water
         supply,sanitary and internal electrification work etc. as per drawings , specifications ; the detail
         schedule of quantity attached and as per the directions of Engineer-In-charge.

1.2      Machine crushed stone aggregates of required sizes and specification shall only be allowed to be
         used in the work.


1.3      Tenderers are advised to inspect the site and acquaint themselves thoroughly with the working
         conditions of the site before quoting. If dewatering of seepage water is required for execution of the
         work as per site condition, it should be done by the contractor without any extra cost to HCL.
1.4        Item wise quantities as mentioned in the “Schedule of quantity” can vary depending upon the
           requirement.
1.5        The work shall be carried out as per details contained in the “Schedule of Quantities, standard
           specifications, and as per the directions of Engineer-In-Charge. C.P.W.D. specifications shall be
           followed as guideline.

2.       EARNEST MONEY DEPOSIT

2.(i)      Earnest Money Deposit of Rs 26500/-( Rs Twenty six thousand five hundred only) should be
           accompanied with the tender- offer (i.e. techo-commerical bid) in the form of Demand Draft/Banker’s
           cheque, drawn in favour of “Hindustan Copper Limited” payable at State Bank of India, Malanjkhand
           branch or Indian Overseas Bank, Chartola branch. EMD in any other form except that mentioned
           above will not be accepted. Tenderers are requested to ensure that the details of the EMD are
           indicated on the top of the envelope containing techno- commercial bid & also on the top of the main
           envelope containing both the bids. Without the details of EMD as above, tenders may be rejected.

2.(ii)     EMD FORFEIT:-

           In case the successful bidder fails to accept the LOI/Work Order to execute the work, the EMD so
           deposited shall be forfeited and party will have no claim whatsoever in this regard.

3. LAST DATE OF SUBMISSION AND OPENING OF TENDERS

           Submission of offers will be up to 01.10.2010 ,3.00 PM. Offers are to be dropped in the tender box
           available in the office of Sr. MANAGER (CIVIL).Offers can also be sent through Registered post.
           Tenders will be opened after 3.30 pm on the same day in the office of The Sr. MANAGER (CIVIL),
           Malanjkhand Copper Project, in the presence of tenderers / authorised representatives of tenderers
           present on the scheduled date and time of opening of tenders. HCL/ MCP will not be responsible for
           any postal delay in case the offers are sent through Registered Post. Late submission of offers will not
           be entertained by HCL under any circumstances.


4. TIME OF COMPLETION

4.1        04 {Four} months from the date award. / handing over of site, whichever is later.

5. MATERIALS:

5.1        No material shall be issued by HCL / MCP.

5.2        All the construction materials including required cement of approved brand/ manufaure and ISI
           marked, reinforcement steel rods of approved make, etc. required to complete the job including tools;
           tackles; equipments etc. shall be arranged by the contractor at his own cost and shall be allowed to
           be used in the work subject to approval of the Engineer-In-Charge.


6. CONSTRUCTION WATER:

           Construction water shall be arranged by contractor at his own cost.

7. TERMS OF PAYMENT:

7.1        Running account bills shall be paid normally with 30 days credit from the receipt of the same in
           Finance deptt. Necessary recoveries as applicable shall be effected from the bills.


7.2        The rates shall be inclusive of all Govt. levies like sales tax, excise duty, entry tax, octroi, royalty,
           CESS as per the building and other construction workers welfare CESS – Act – 1996, Income tax,
           Commercial tax, etc. and shall remain firm during the entire run of contract .The rates shall not
           undergo any change on any account whatsoever reasons, like material price escalation, labour wage
           escalation (upward revision) tax rates by statutory bodies etc.

7.3        Income tax, Commercial tax shall be deducted from your bills as per applicable Govt,.rates.
7.4   You will be reimbursed service tax as per the prevailing rate against the production of
      documentary evidence towards the registration with appropriate authority. You are required to submit
      documentary evidence to our finance department and HR Deptt. department with intimation to us with
      the effect that the service tax has been deposited with the authority as per statute.

8. SECURITY DEPOSIT:-

      A sum of 10% of accepted value of the tender shall be deposited as Security Deposit with the owner
      by way of Demand Draft drawn in favour of Hindustan Copper Limited payable at State Bank of India,
      Malanjkhand Branch or Indian Overseas Bank Chartola Branch or through a Bank Guarantee.
      The contractor has to deposit the full amount of 10% of the accepted value of tender towards Security
      deposit either in the form of DD within 10 days of issue of letter of Intent/ Work Order whichever is
      earlier.
                                                    Or

      Contractor can furnish the total security deposit amount through a Bank Guarantee from any
      Nationalized scheduled bank in the prescribed format as indicated in the tender documents in favour
      of HINDUSTAN COPPER LIMITED, MALANJKHAND COPPER PROJECT within 10 days of letter of
      Intent/Works Order whichever is earlier. This Bank Guarantee shall be for a period of 17 (Seventeen)
      Months.

      EMD deposited along with the tender shall be returned after deposit of full amount of security deposit.
      The SD amount will not accrue any interest and shall be refundable only after successful completion
      of defects liability period. In case of delay in depositing SD, penal interest @ 18% (Eighteen Percent)
      per annum will be recovered for the delayed period from the bill.

9. DEFECTS LIABILITY PERIOD (DLP):

      “DLP” for this work shall be for a period of one year from the date of actual completion of the work as
      certified by the Engineer-In-Charge.

10. PENALTY:

      Time is the essence of the contract. In case you fail to complete the jobs as per above clauses above,
      you shall be liable to pay a penalty of 1% (one percent) of the awarded value of the said job per week
      of the delay subject to a maximum of 10% (Ten Percent) of the awarded value of the contract. The
      parties agree that this is a genuine pre-estimate of loss /damage which will be suffered on account of
      the breach/delay on your part and the said amount will be payable on demand without there being any
      proof of the actual loss or damages caused by such delay / breach of contract.

11. RISK AND COST

      In case you fail to execute the awarded work or part thereof as per agreed terms and conditions, we
      reserve the right to arrange the execution of the said work through alternative sources at your risk and
      cost and the difference in cost, if any, shall be recovered from you. In addition liquidated damages will
      also be recovered from you. Besides S.D. will be forfeited


12    AGREEMENT OF WORK

      You are required to execute an agreement for this work in a non judicial stamp paper of appropriate
      value within ten days from the date of issue of WORKS-ORDER. Your original tender and the letters
      attached thereto together with the schedule of quantities and all other connected papers and
      documents including works-order, letter of intent etc. shall form a part of the agreement.


13.   COMPLIANCE OF LABOUR LAWS AND SAFETY REGULATIONS:

      The procedures regarding engagement of contract labours and compliance of various provisions
      under “CONTRACT LABOUR (REGULATIONS AND ABOLITION) ACT 1970” and other related
      statutes, must be strictly Followed. However, before mobilizing your manpower, you should contact
      our HUMAN RECOURSES (HR) DEPARTMENT for completing the necessary formalities as under:-

i)    You shall maintain muster-roll of contract labour in the prescribed form and should not engage any
      labour whose name has not been enrolled in the muster roll.
ii)      You shall maintain the prescribed registers and forms under different acts and get these verified by
         our Human Resources department before commencement of the work.

iii)     You shall submit number and list of proposed contract labours to be engaged with P.F. code no.
         before commencement of the work to Our H.R. department and obtain clearance.

iv)      No person below the age of 18 year shall be employed.

v)       You shall comply with all provisions of labour laws and also PF act and scheme& The Acts Rules
         applicable to this project. You shall ensure proper and timely deduction of PF Contribution and deposit
         the same in the concerned PF Account.

vi)      You shall ensure timely disbursement of wages to contract labour in the presence of our authorised
         representatives. A certificate to that effect is to be submitted along with each bill for the purpose of
         releasing your payment.

vii)     You shall obtain license from Asstt. Labour Commissioner (C) Chhindwara (M.P.) beforehand if on
         any day you propose to employ 20 labours or more. The license so obtained in original along with a
         copy shall be produced before our HR Deptt and also to Engineer-In-charge of the contract.

viii)    All safety regulations in respect of man, machinery etc. shall be followed by you in accordance with
         the safety codes of CPWD, Bureau of Indian Standards, the Electricity act, The Mines act, the Factory
         act or any other rules/regulations and order as issued there under by the company and such other
         acts made applicable from time to time.

ix)      You shall ensure use of appropriate safety appliances.

x)       Labours engaged for this job are to be insured against risk of life as per GCC. A copy of insurance
         certificate should be furnished to the Engineer-In-charge.

xi)      The owner shall not be liable for or in respect of any damage or compensation payable at law in
         respect of or in connection of any accident or injury to any workmen or other persons in employment
         under you during the execution of the work as per WC. Act or insurance.

 xii)    Before starting the work, you shall intimate our H.R. Department regarding the maximum number of
         labours to be engaged per day, the date of start of work, scheduled date of completion etc.

 xiii)   Minimum labour wage for labours engaged by you shall not be less than the rates prescribed by the
         Govt. from time to time. In the case of upward revision of wages The increased wage shall have to be
         paid under minimum Wage Act.

14.       The work during its progress can also be inspected by the chief Technical Examiner/Technical
         Examiner of Central Vigilance Commission or by an officer of the Vigilance Cell of HCL on behalf of
         the Engineer-In-Charge

15.      Liability in case of accident / injury of your workmen:-

         HCL/MCP will not be liable of any damage or compensation payable lat law in respect of or in
         consequence of any accident or injury/death of any workmen or employee or other persons in the
         employment under your control.

16.      Safety rule and regulations:-
         You shall have to observe all the safety rules and regulations as per Mines Act, safety norms and
         other Acts as applicable and inforce. HCL/MCP shall in no way liable for in respect of any damage or
         compensation at law in respect of consequences of any accident or injury/death of any workmen or
         other persons in the employment of you.

17.      Central & state Govt. rules and regulations:-

         You shall have observe all the State & Central Govt. rules regulations and acts wherever
         applicable.
18       No part of the contract nor any share or interest there shall in any manner or degree be transferred,
         assigned or sublet by you directly or indirectly to any person, firm or corporation whatsoever without
         the consent in writing by the owner.
19.     Issue of tender papers alone need not be a criteria for considering your offer and HCL/MCP reserves
        the right to accept or reject any or all the offers and award of the work in part or full at its sole option
        without assigning any reason what so ever.

20.     The submission of tender papers alone need not be a criteria for considering your offer and HCL/MCP
        reserve the right to accept or reject any or all the offers and award the work in part or full at its sole
        option without assigning any reason whatsoever.

21        HCL/MCP reserves the right to split the contract among two or more parties without assigning any
        reason thereof and the party will have no claim what so ever. Accordingly, the completion time shall
        be proportionately / suitably reduced.

22.     HCL/MCP reserves the right to accept or reject any or all the tenders in whole or in part without
        assigning any reason whatsoever at its sole option.

23.     HCL/MCP reserves its absolute right to terminate this contract or part thereof at any time without
        assigning any reason thereto and the party will have no claim whatsoever.

24      HCL/MCP reserve the right to cancel, amend and rescind the order in full or any part quantity under
        the contract at any stage and also have the right to have the parallel contract with other parties for the
        same items covered in this contract/ works order.

25.     ARBITRATION CLAUSE:
                  “All questions, disputes or difference of any kind whatsoever arising out of or relating to the
        contract shall be referred by the parties to this contract for decision to a sole arbitrator who shall be
        the Chairman-Cum-Managing Director of Hindustan Copper Limited or any officer of HCL nominated
        by the said Chairman-Cum-Managing Director in that behalf. In the event of such an Arbitrator to
        whom the matter is originally referred is transferred or vacates his office by resignation or otherwise or
        refuses to act or is incapable of acting for any reason whatsoever, the Chairman-Cum-Managing
        Director shall appoint another person to act as Arbitrator in his place in accordance with the terms of
        this contract.
        Such persons shall be entitled to proceed from that stage at which it was left by his predecessor.
                        There shall be no objection to any such appointment that the arbitrator appointed is an
        officer of the Company or that he had any occasion to deal with the matter to which this contract
        relates or that in the course of his duty as such officer has expressed views on all or any of the
        matters in dispute or difference. No person other than the Chairman-Cum-Managing Director or his
        nominee can act as an Arbitrator.
          The venue of the Arbitration shall be at Malanjkhand Copper Project.
        The award of the arbitrator shall be final, conclusive and binding on the parties of this
        agreement/contract.
               Subject to the above, the provision of Arbitration and Conciliation Act 1996 and of all the rules
        made there under and all statutory modifications thereof shall govern such arbitration proceedings
        and shall be deemed to apply to and be incorporated in this contract

26. JURISDICTION:

        The jurisdiction will be in the courts situated in the District BALAGHAT of [M.P.] only.

27. GENERAL CONDITIONS AND SPECIAL CONDITIONS:

        We are enclosing herewith a copy of our TENDER- SET containing the General and Special
        conditions of the contract. All the General and Special Conditions of Contracts as per GCC & as
        prevalent in this Project & having read and understood by you shall be applicable for this work also.



                                                                                      Sr. Manager (Civil)




Encl:
        1. Tender Set GCC. { to be submitted duly filled along with Techno commercial Bid}
        2. Schedule of Quantity {to be submitted duly filled along with PRICE-BID}
                                                           1


       {TO BE SUBMITTED DULY FILLED IN, ALONG WITH THE TECHNO-COMMERCIAL BID}


                                       HINDUSTAN COPPER LIMITED
                                   (A GOVERNMENT OF INDIA ENTERPRISE)

                                       MALANJKHAND COPPER PROJECT

                                          P.O. MALANJKHAND – 481 116
                                             Dist BALAGHAT, (M.P.)


                                                    TENDER SET

                                     GENERAL AND SPECIAL CONDITIONS


        NAME OF WORK: - “                                                            ”




AGENCY:-




                                        HINDUSTAN COPPER LIMITED
                                       MALANJKHAND COPPER PROJECT
                                             P.O. MALANJKHAND
                                           Distt. – BALAGHAT (M.P.)
No.HCL/MCP/CIVIL/
To,
Shri/M/S.

         Name of work: “                                                                    ”
Dear Sir (s):

Tender documents for the above work are enclosed herewith. These shall be returned by the tenderer whether Quote or
„Blank‟ to this office not later than 1500 hours on…………….

1. The tender documents including drawings are required to be returned properly packed and sealed in an envelope so
that the tender is received intact at this office without being damaged in any way.

2. The Tenderers particular attention is drawn to quote only item rates against the quantities in the column provided for
rate in the “Schedule of Quantity”. Percentage on any schedule of rates is not acceptable and the tender is liable to be
the summarily rejected.
3. Tenderers shall initial all corrections; sign all pages of the tender documents and all the drawings accompanying
tender documents before submission of the tender.
4. Tenderers will enclose along with their tender a proper power of attorney in favour of signatory of the tender
documents.

5. Tenderers are also required to submit their latest Income Tax clearance certificates .Tenderers particular attention is
drawn to the fact that the tender submitted by such of the tenderer who fail to produce valid income tax clearance
certificate within 7 (seven) days after opening of the tender, the tender will not be considered for acceptance.

6. Earnest Money of Rs                 /- may please be paid in the manner specified in the          „General conditions of
Contract‟ enclosed it these documents.


7. In view of postal and other delays, it is suggested that the tender be sent by special messenger or posted sufficiently
in advance of the date and time for its receipt.
8. The Tenderers attention is particularly drawn to the fact that the Department will not take any cognizance to any
telegram given by the Tenderer (s). The Tenderer (s) must ensure that the tender on the proper form date fixed for receipt
of tenders will not be considered for acceptance.
9. This letter shall form part of the contract and shall be returned duly signed along with the tender documents.
                                                                                                         Yours faithfully,

Encl: Tender documents
                                                                                                   Sr. MANAGER (CIVIL)


NOTES :

The period of completion for the entire works is                                        from the date of award of contract.
The phased periods of completion for the work will be fixed at the time of issue of work order. The sites for the entire
work shall be handed over simultaneously.
The tenderer shall quote the unit rates in column 5 ( in figures and in words) and shall extend the amount in column 6 in
figure only.The unit rate in column 5 shall include for entire completion of item of work described under description of
item.The description of items shall be read in conjunction with CPWD Specifications in force, drawing and Special
Conditions.The tenderer shall attach a certificate that he has read and understood the CPWD Specification in force and
relevant I.S. Codes. as this will be applicable for this work.


      SIGNATURE OF TENDERER                                                            Sr. MANAGER (CIVIL)




                                           HINDUSTAN COPPER LIMITED

                                         MALANJKHAND COPPER PROJECT
                                        LETTER OF SUBMISSION OF TENDER

From:                                                                                       Date---------

To,


              Sub: “                                                               ”

Dear Sirs :

         Having examined the Tender Documents consisting of the Notice inviting Tender, General Conditions of
Contract, Special conditions of contract, specifications, drawings, time schedule, Schedule of rates and other documents
and papers all as detailed in the tender documents, and having understood the provisions of the said Tender Documents
and having thoroughly studied the requirements of Hindustan Copper Limited relative to the work tendered for in
connection with the Malanjkhand Copper Project and having conducted a through study of the job site (s) involved, the
site conditions, soil conditions, the climatic condition, labour power, water, material and equipment availability, the
transport and communication facility, the availability and suitability of borrow areas, the availability of land for right of
way and temporary office and accommodation quarters and all other factors and things whatsoever necessary or relative
to the formulation of/the Tender and the performance of work, I/we hereby submit our tender/offer for the performance
of proposed work in accordance with the terms, and conditions and within in the time mentioned in the Tender
documents at the rate (s) quoted by me/us in the accompanying Schedule (s) of Rates included within the Tender
Documents.

          It has been explained to me/us that the time stipulated for job (s) and completion of work (s) in all respects and
in different stages mentioned in the “Time Schedule of Completion of Jobs” and signed and accepted by me/us is the
essence of the contract. I/we agree that in the case of failure of my/our to strictly observe the time of completion for jobs
or any of them and to the final completion of works in all respects accordingly to the schedule set out in the said “Time
Schedule of completion of job (s)”. I/we shall pay penalty to the owner as per provision of tender documents I/we have
annexed to this tender proposal forms containing the following documents:-


      i.        Schedule of rates / prices in FORM – B
      ii.       Information regarding experience of work of a similar nature in FORM – D
      iii.      Information regarding concurrent commitments in FORM – E
      iv.       Information regarding equipments, tools tackles etc, in FORM – F
      v.        Information regarding site organization in FORM – G
      vi.       Information regarding tender in FORM – H
      vii.      Enclosures as per list of enclosures in FORM – I
      viii.     Original tender document, as issued duly signed.
      ix.       Additional documents as listed below.
      I/we hereby undertake that the statements made here in and the information give in the annexure referred to above
      are true in all respects and that in the event of any such statement or information being found to be incorrect in any
      above particular, the same may be construed to be misrepresentation entitling Hindustan Copper Ltd. To avoid any
      resultant contract.
      I/we confirm having deposited earnest money of Rs.                (Rupees………………. As detailed here under.
      (Strike of whichever is not applicable)
      a) by demand draft no.               dt.         Drawn on               Bank
           Branch                     attached here to.
      b) by Pay order/Banker‟s cheque no,              dt.        Drawn on         Bank
           Branch                 attached here to.
      Dated this                  day of                           20
                                                           Yours faithfully


                                                       SIGNATURE (S) OF THE TENDERER (S)
                                                        Name & Designation of authorized
                                                        Person (s) signing the tender on
                                                        Behalf of the tenderer (s).


                                           HINDUSTAN COPPER LIMITED
                                          MALANJKHAND COPPER PROJECT

Name of work :


Name of Tenderer :

DETAILS OF SIMILAR WORKS DONE DURING PAST THREE YEARS (FORM –D)


Sl.       Full postal   Description         Value of      Completion     Date of      Actual Year of       Rem-
No.       address of    of the work         Contract       time as       commen-      comple comple        arks
           Client &                         stated in     -cement        -tion        -tion
          Name of                            Tender       of work        time
          Officer-in-                         (months)      (months)
          Charge

1          2                 3                    4              5           6            7      8         9
        NOTE : Tenderers are specifically requested to furnish all the details About the last assigment done/on hand for
        Hindustan Copper Limited


                                                                                                                   SIGNATURE OF TENDERER




                                                          HINDUSTAN COPPER LIMITED
                                                         MALANJKHAND COPPER PROJECT


        Name of work : “                                                                           ”

        Name of Tenderer :

        CONCURRENT COMMITMENTS OF THE TENDERER (FORM –E)

----------------------------------------------------------------------------------------------------------------------------------------------------------
S.        Full postal         Description          Value of Date of                 Scheduled             %age             Expected Remark.
No.       address of          of the work          contract commence-               period            completion            date of
          client &                                               ment of                                  as on date      completion
         name of                                                work
         Officer-in
         -charge

----------------------------------------------------------------------------------------------------------------------------- -----------------------------
1           2                            3            4           5                   6                  7                       8              9
------------------------------------------------------------------------------------------------------------------------------------------------ ----------




                                                                                                              SIGNATURE OF TENDERER
                                                  HINDUSTAN COPPER LIMITED
                                                 MALANJKHAND COPPER PROJECT

DETAILS OF EQUIPMENTS, TOOLS TACKLES (FORM-F)

Tenderer shall submit here in details of equipments, tools tackles etc. required to perform the work and shall note in each
case whether the same is (a) already owned by tenderer and available for use on this contract, (b) anticipated to be hired
by contractor (c) anticipated to be purchased by contractor. In case of (a) present location shall be stated. In case of (b)
and (c) location of hirer or supplier shall be stated.

--------------------------------------------------------------------------------------------- -----------------------------------------------------
No.of Description make                     Year of               Category(a)           Location              Remarks
Items model & capacity                     manufacture           or (b) or (c)                               if any
                                                                   above
--------------------------------------------------------------------------------------------------------------------------------------------------
  1                   2                    3                         4                   5                     6
----------------------------------------------------------------------------------------------------------------------------- ---------------------




     1.   contractor agrees to augment the above chart with additional number/categories of equipments, if required to
          complete the work within the agreed time schedule.



                                                                                                             SIGNATURE OF TENDERER

                                                      Hindustan Copper Limited
                                                  MALANJKHAND COPPER PROJECT

     Proposed Site Organisation (Form-G)
      The tenderer is to indicate here the proposed site organisation he proposes to set up for execution of the work. It is
     understood that this will be augmented from time to time depending on the requirements for timely completion of
     work as directed by Engineer-in-charge.
     BIO-DATA OF SITE-IN-CHARGE & KEY PERSONNEL



                                                                                                          SIGNATURE OF TENDERER
                                          HINDUSTAN COPPER LIMITED

                                         MALANJKHAND COPPER PROJECT

    Name of Work : “…………………………………………………………………”

    Name of Tenderer :

    INFORMATION ABOUT TENDERER (FORM-H)

    1.   IN CASE OF INDIVIDUAL

    Name of Business
    Whether his business is registered
    Date of commencement of business
    Whether he pays income tax over Rs. 10,000/- per year

    2.   IN CASE OF PARTNERSHIP

    Name of partners
    Whether the partnership is registered
    Date of establishment of firm
    If each of the partners of the firm pays income-tax over Rs. 10,000/- a year and if not,
     which of them pays the same.

    3.   IN CASE OF LIMITED LIABILITY COMPANY OR COMPANY LIMITED BY GUARANTEES

    Amount of paid-up capital
    Name of Directors
    Date of Registration of Company
    Copies of the Balance sheet of the company of the last three yeas.




                                                                SIGNATURE OF TENDERER
                                                                   NAME & ADDRESS
                                                                   OF THE TENDERER




                                          HINDUSTAN COPPER LIMITD
                                         MALANJKHAND COPPER PROJECT

LIST OF ENCLOSURS (FORM-I)
The tenderer is required to enclose the following documents as part of his tender.
    1. Power of attorney of signatory to the tender.
    2. Income-Tax and Sales-tax clearance certificate in the proforma prescribed
        by the Govt. of India
    3. Document showing annual turnover for similar work for the past three
        years such as annual report, profit and loss account etc.
    4. Solvency certificate from Nationalized /Scheduled Bank.




                                                                                  SIGNATURE OF TENDERER


In absence of Income Tax Clearance Certificate,
Tenderer may not be awarded the work tendered
For as per Central Govt. directives.




                                        HINDUSTAN COPPER LIMITED
                                      MALANJKHAND COPPER PROJECT
                                     SPECIAL CONDITIONS OF CONTRACT

1 SCOPE OF WORK.
        The following outlines the scope of work envisaged in general Drawings indicating the scope of work are enclosed
as annexure to this document.
1.1.1 Earth work in filling for embankment and pavement using earth from borrow areas as well as available excavated
earth.
 1.1.2 Clearing the area of surplus earth wherever necessary,.
      EXCLUSIONS :
 It shall be clearly understood that all the works mentioned in clause1.1 above together with all incidental works whether
specifically mentioned or not, except those excluded as per above clause shall be deemed to have been included in the
scope of work.
2.TIME SCHEDULE : 2.1.1 The work shall be executed strictly as per the time schedule 2.1.2 Monthly/weekly
construction targets will be drawn up jointly with the contractor based on availability of work fronts & keeping in view
the targets set in the time schedule attached to the tender.The contractor all scrupulously adhere to these programmes by
deploying adequate personnel and construction equipments and aids. The contractor shall also supply himself all
materials of his scope of supply in good time to achieve the targets/programs. & the degree of achievements, the
decision of the Engineer-in-Charge will be final and binding on the contractor.
3.DRAWINGS/DATA :
Drawings accompanying the tender document are indicative of the nature of work and are issued for tendering purpose
only. Detailed construction drawing on the basis of which actual execution of work is to proceed will be furnished to the
contractor progressively based on the detailed construction programmes evolved after the award of the work.
4.INCOME TAX :
Income Tax at the rate of 2.244% or prevailing rate on the gross amount billed shall be deducted from the contractor‟s
bill as per section 19 c of the Income Tax Act.
5.ACCEPTANCE OF TENDER :
The Owner reserves the right to award the work in parts between two or more agencies. The quoted rats shall hold good
for such an eventuality.
6.SALES TAX : AS PER D.L.I.T.
7. TESTS :
Tests on materials mentioned in the specifications will apply to all materials brought to site by the contractor.Tests on
materials supplied by Owner if required by the Engineer-in-Charge, will be carried out by the Owner at actual on
production of documentary evidence(s).



8.SUBMISSION OF TENDER :
Tender duly filled in by tenderer as per clause 3 & 4 of General Conditions of   Contract should be submitted along with
Earnest Money as stipulated in the Letter Inviting Tender.

   9.PROCEDURE FOR MEASUREMENT BILLING AND TERMS OF PAYMENT :
  Measurement will be in metric system and made as per latest relevant I.S.Specifications and as provided in this
  Document. Monthly running account bills as per schedule of rates will be prepared for the work done based on joint
  measurement there after payments will be released as per the Schedule of rates as accepted by Engineer-in-
  Charge/Owner.
10.SCOPE OF SUPPLY: AS PER D.L.I.T.
a)Cement & Steel :-
The contractor shall arrange cement & steel from his own source to complete the entire work as per time schedule given
in the tender document However, cement may be made available by the Owner at his discretion, in which case the
contractor may draw cement from Owner‟s store. Further certain quantities of steel in various sections are also available
with the Owner. Details of quantities and sections of steel available will intimated to the tenders before finalizing the
contract. The contractor shall be bound to make use of these quantities & sections of steel available with the owner, if
provided in design. Cement and steel will be available at the following issue rates from ex-owner‟s store or other issue
points of owner within the premises of owner‟s Malanjkhand Copper project site, Malanjkhand (Madhya Pradesh)
     i)      Cement (in non-returnable bags @        Rs. Per bag.
     ii)      Deformed and twisted bars               @ Rs. Per tonne.
     iii)     M.S. Rounds                             @ Rs. Per tonne.
     iv)      Structural steel                        @ Rs. M.T.
     v)       M.S. Plates                             @ Rs. M.T.
It shall, however, be noted that the responsibility for procurement o cement and steel in time and as required for
completing the work within the time schedule shall solely rest with the contractor and issue of cement and steel, if any,
by the owner will not relieve the contractor from his contractual obligations.
Further, such issues shall be subject to the following conditions :-
i) Materials will be issued only for permanent woks and not for making templates, other temporary works etc.
ii)       The contractor shall bear all other costs including lifting, carting from issue points to work site/ contractor‟s
store, custody and handling etc. and return of surplus serviceable scrap materials to owner‟s storage points to be
designated by the owner, etc. and no separate payment for such expenditure will be made.
iii) Cement as received from the manufacture stockiest will be issued to the contractor. The theoretical weight of each
bag of cement for ISSUE PURPOSES will be considered as 50 Kg. Or 20 bags per M.T. Cement bags weighing up to
4% (four percent) less will be accepted by the Contractor,and charged for as 50 Kg./ bag. Any shortage in the weight of
any cement bag (s) by more than 4% will be to owner‟s account, if such shortages are pointed out by the contractor at the
owner‟s storages at the time of issue of cement. Any shortage if notified after issue of cement will be to contractors,
account. Same principle will be applicable also in case of return of surplus cement by the contractor to owners storage
point. The contractor will be charged for the cement issued to him based on this weight. Cement issued by the owner
shall be accounted for. A wastage allowance of 3% on theoretical consumption for the work will be allowed for the
cement issued.
iv) Any unused quantity of cement not returned and wastage/consumption beyond specified/agreed limits shall be
charged at penal rate to the determined by the Engineer-in-charge in accordance with the provisions of General
Conditions of contract. The theoretical consumption of cement required for the work will be calculated on the basis of
approved drawings/joint measurements in the case of cement, the theoretical rate of consumption shall be decided by the
Engineer-in-charge in accordance with standard engineering practices and his decision in this regard shall be final and
binding on the contractor.
v) SCRAP AND SERVICEABLE MATERIAL :
Excess cement, when returned to owner‟s storage/ issue points in good condition (as certified by Engineer-in-charge),
`will be given full credit at issue rates.
b)TO BE SUPPLIED BY THE CONTRACTOR :
All materials consumables testing appliances tools and tackles necessary for completing the work except those specified
in 10 (a) above should be procured and supplied by the contractor at his own cost.All borrow areas for procuring earth or
sand etc. should be arranged by the contractor and no payment towards royalties, right of way etc. shall be payable. The
rate quoted for relevant items should include such costs.
11.ROYALTY :
Royalty for minor minerals (i.e. boulders, metal, murrum, brick, sand, mines waste rock etc.) shall have to be paid by the
contractor to the State Government at the rates specified by the Government.To release final bill payment, contractor has
to produce the royalty clearance from collector/ mining officer Balaghat.



                                                                                           Sr MANAGER (CIVIL)




                                          HINDUSTAN COPPER LIMITED
                                          MALANJKHAND COPPER PROJECT
                                                 MALANJKHAND (M.P.)
                                                      INDEX
                                                       FOR

GENERAL CONDITION OF CONTRACT
   S.No.   TITLE

  1.     DEFINITIONS AND INTERPRETATION (SECTION –1)
  1.1   Definitions
  2     FACILITIES TO CONTRACTOR SECTION –II
  2.1   Location of site, climatic conditions and Access by Road Location of Site
  2.1.1 Location of site
  2.1.2 Climate
  2.1.3 Access by Road
  2.2   Water supply
  2.3   Power supply
  2.4   Land for contractors field office, go down and workshop
  2.5   Land for Residential Accommodation
  GENERAL INSTRUCTION TO TENDERERS (SECTION –III)
  3.   Submission of tender
  4. Documents
  4.1 Details to be submitted along with the tender
  4.2 All pages to be initialled
  4.3 Rates to be in figures and words
  4.4 Corrections and Erasures
  4.5 Signature of Tenderers
  4.6 Witness
  4.7 Scope of work
  5. Transfer of Tender Documents
  6. Ernest money
  7. Validity
  8. Addenda/corrigenda
  9. Right of owner to accept or reject tender
  10. Security Deposit
  11. Time schedule
  12. Collection of data tenderer‟s responsibility
  13. Retired Government or Company officers
  14. Signing of the contract
  15. Field Management and co-ordination of work

  GENERAL OBLIGATIONS (SECTION – IV)
  16. Interpretation of contract documents
  16.1
  16.2
  16.3 Headings and Marginal Notes
  16.4 Singular and Plural
  17. Special conditions of contract
  18. Contractor to obtain his own information
  19. Security deposit
  20. Forfeiture of security deposit
  21. Time of performance
  21.1 Time schedule construction
  22. Extension of time
  23. Penalty
  24. Failure of the contractor to comply with the provisions of the contract.
  25. Contractor remains liable to pay compensation if action not taken under clause 24
  26. No compensation for alteration in or restriction of work
  27. Change in constitution

  28.   If the contractor dies
  29.   Members of the owner not individually liable
  30.   Owner not bound by personal representations
  31.   Contractor‟s Office at site
  32.   Contractor‟s subordinate staff and their conduct.
  33.
33.1 Sub-letting of work
33.2 Sub-contracts for temporary works etc.
33.3 List of sub-contractors to be supplied
33.4 Contactor‟s liability not limited by sub-contractors
33.5 Owner may terminate sub-contracts
33.6 No remedy for action taken under this clause
34. Power of entry
35. Contractor‟s responsibility with other agencies
36. Other agencies at site
37. Notices
37.1 Service of notice on contractor
 37.2 Service of notice on owner
 38     Right of various interests
 39     Patents and royalties
 40     Liens
 41
 41.1 Owner not liable to pay compensation
 41.2 Force Majeure
 PERFORMANCE OF WORK (SECTION –V)
 42. Execution of works
 43. Coordination and inspection of work
 44. Work in monsoon and dewatering
 45. Work on Sunday and Holidays
 46. General Conditions of construction and Erection work
 47. Drawing to be supplied by the owner
 48. Drawing to be supplied by the contractor
 49. Setting out works
 50.
 50.1 Responsibility for level and alignment
50.2 Lighting, watch and ward
 51. Materials to be supplied by contactor
 52. Stores supplied by the owner
 53. Conditions for issue of materials
 54. Return of surplus
 55. Materials obtained from dismantling
 56. Articles of value found
 57. Inspection of works
 58. Assistance to the Engineer
 59. Discrepancies between instructions
 60. Alterations in specifications and designs and extra works
 61. Action where no specification is issued
 62. Abnormal Rates
 63. Tests for quality of works
 64. Samples
 65. Liabilities for defects, imperfections etc. and rectifications thereof
 66. Suspension of works
 67. Possession prior completion
 68 Twelve months period of liability from the date of completion Certificate
 68.3 Care of works
 68.4 Defects prior to taking over
 68.5 Defects after taking over
 CERTIFICATE AND PAYMENTS (SECTION – VI)
 69 Schedule of rates and payments
 69.1 Contractor‟s Remuneration
 69.2 Schedule of rates to be inclusive
 69.3 Schedule of Rates to cover constructional plant, materials, labour etc.
 69.4 Schedule of rates to cover royalties, rents and claims
 69.5 Schedule of rates to cover taxes and duties
 69.6 Schedule of rates to cover risks of delays
 69.7 Schedule of rates cannot be altered
 70    Procedure for measurement/billing of work in progress
 70.1 Measurement
 70.2 Billing
 70.3 Dispute in mode of measurement
 71    Lump sums in tender
72    Running account payments to be regarded as advances
73    Notice of claims for additional payment
74    Payment of contractor‟s bill
75    Receipt for payment
76    Completion Certificate
76.1 Application for completion certificate
76.2 Completion certificate
76.3 Completion Documents
77    Final decision and final certificate
78 Certificate and payments no evidence of completion
TAXES AND INSURANCE (SECTION - VII)
79 Taxes, duties, octroi etc.
80 Insurance
80.1 Employees state insurance act.
80.2 Workman‟s compensation and employer‟s liability insurance
80.3 And other insurance required under law or regulations by owner
80.4 Accident or injury to workman
80.5 Transit insurance
81 Damage to property
LABOUR LAW AND SAFETY REGULATIONS (SECTION – VIII)
82 Labour laws
83 Implementation of apprentices act. 1961
84 Contractor to indemnity the owner
84.1
84.2 Payment of claim and damages
85.Health and sanitary arrangement for workers
86.Safety regulations
87.Arbitration
88.Jurisdictions/governing laws
SAFETY CODE (SECTION –IX)
89. General
90. First aid and industrial injuries
91. General rules
92. Contractors barricades
93. Scaffolding
94. Excavation and trenching
95. Demolition
PROFORMAS (SECTION – X)
A. Proforma of bank Guarantee
B. Proforma of Agreement
C.
                                                       SECTION – 1
                                               Definition and Interpretation

1.DEFINITIONS AND INTERPRETATION :
1.1 DEFINITIONS
     In the contract (as here in after defined ) the following words and expressions shall have the meanings hereby
assigned to them, except where the context otherwise requires.

1.1.1 The Owner shall mean Hindustan copper limited incorporated in India having its registered office at Tamra Bhavan,
1, Ashutosh Chowdhury Avenue, Kolkata 700019.
1.1.2 The Tender shall mean the tender submitted by the tenderer for acceptance by the owner.
1.1.3 The Chairman and Managing Director shall mean the Chairman and Managing Director of Hindustan Copper
Limited or his successors in offices as designated by the Owner.
1.1.4 The “Project Head” shall mean the Head of the project of Hindustan Copper Ltd. or his successor in office or his
authorised representative.

1.1.5 The “Contractor” shall mean the person or persons, firm or company whose tender has been accepted by owner and
includes the Contractor‟s legal representatives, his successors and permitted assignees.
1.1.6 The „Sub-contractor‟ shall mean any person or firm or company (other then the contractor) to whom any part of the
work has been entrusted by the contractor, with the written consent of the Engineer-in-Charge and the legal
representatives, successors and permitted assignees of such persons,firm or company.
1.1.7 The “Engineer-in-Charge” shall mean the person nominated from time to time by the owner and shall include those
who are expressly authorized by the owner to act for and on his behalf for operation of this contract.
1.1.8 “Engineer‟s” Representative, shall mean any resident Engineer or Assistant to the Engineer-in-Charge appointed
from time to time by the Engineer-in-Charge to perform the duties set forth in the tender document whose authority shall
be notified in writing to the contractor by the Engineer-in-Charge.
1.1.9 The “Permanent Works” shall mean and include all works to be executed in accordance with the contract or part
there as the case may be and shall include all extras, addition, altered or substituted work as required for the purpose of
the contract.
1.1.10 The Contract shall mean the agreement between the owner and the contractor for the execution of the works
including therein all documents such as the invitation to tender, instructions to Tenderer‟s General conditions of
contract, special conditions of contract, job specifications, General Requirements, time schedule of completion of job,
drawings, letter of intent for awarding the work, agreed variations, if any etc.
1.1.11 The “Contract Document” shall mean collectively the tender documents, designs, drawings, specifications,
agreed variations, if any and other documents constituting thetender and acceptance thereof.
1.1.12 Constructional Plant, shall mean all appliances or things of what so ever required in or about the execution,
completion or maintenance of the works or temporary works (as hereinafter defined) but does not include materials or
other things intended to form or forming part of the permanent work.
1.1.13 “Temporary Works” shall mean all temporary works of every kind required in or about the execution, completion
or maintenance of the works.
1.1.14 „Specifications‟ shall mean all directions, various technical specification, provisions and requirements attached to
the contract, which pertain the method and manner of performing the work or works to the quantities and qualities of the
work or works and the materials to be furnished under the contract for the work and woks, as may be amplified or
modified by the owner or the Engineer-in-charge during the performance of the contract in order to provide the
unforeseen conditions or in the best interest of the work or works. It shall also include the latest addition including all
addenda corrigenda of relevant Indian Standard Specifications and other relevant codes.
1.1.15 “Plans” shall mean all maps, sketches and layouts as are incorporated in the contract in order to define broadly the
scope specifications of the work or works, and all reproductions there of.
1.1.16 “Drawings” shall include maps, plans and tracing or prints there of with any modifications approved in writing by
the Engineer-in-charge and such other drawings as may, from time to time, be furnished or approved in writing by the
Engineer-in-charge.
1.1.17 “Site” shall mean the lands and other places on, or through which the permanent works are to be carried out and
any other lands or places provided by the owner for the purpose of the contract.
1.1.18 “Notice” In Writing or Written Notice shall mean a notice in written,typed or printed characters sent (unless
delivered personally or otherwise proved to have been received) by registered post to the last known private or business
address or registered office of the addressee and shall be deemed to have been received in the ordinary course of post it
would have been delivered.
1.1.19 The “Completion certificate shall mean the certificate to be issued by the Engineer-in-charge and the project
head or his nominee jointly when the works have been completed to his satisfaction.
1.1.20 The “Final Certificate” in relation to a work shall mean the certificate regarding the satisfactory compliance of
the various provisions of the contract or issued by the Engineer-in-Charge and the project head or his nominee, jointly
after the period of liability is over.
1.1.21 “Approved” shall mean approved in writing including subsequent written confirmation of previous verbal
approval and “Approval” means approved in writing including as aforesaid.
1.1.22 „Tonne‟ shall mean metric tonne (1000 Kilograms)
1.1.23 The “Period of Liability” in relation to a work means the specified period from the date of issue of completion
certificate up to the date of issue of final certificate during which the contractor stands responsible for rectifying all
defects that may appear in the work.
1.1.24 The Appointing Authority, for the purpose of arbitration shall be the chairman and managing director or any other
person so designated by him.
1.1.25 The “Alteration Variation Order” means order given in writing by the Engineer-in-Charge to effect additions to or
any deletions from the alterations in the works.
1.1.26 „Letter of Intent‟ shall mean an intimation by a letter to tenderer that the tender has been accepted in accordance
with the provision contained in the letter.
1.1.27 “D.L.I.T.” Shall mean “Detailed Letter Inviting Tender”


                                                        SECTION – II

1. FACILITIES TO CONTRACTOR
2.1 LOCATION OF SITE CLIMATIC CONDITINS AND ACCESS BY ROAD
2.1.1 LOCATION OF SITE :
The general information about Malanjkhand furnished below is of indicative nature only and shall not be considered as
binding in any way on the owner and shall not govern either the scope of work or the nature of the respective right and
obligations and the parties to such contract. The Malanjkhand Copper Project (22*-02‟lat 8*-43‟ longitude, in survey of
India topo-sheet 64B/12) is located 90 km. North East of Balaghat, Madhya Pradesh, on a gentle slope with 570-590 M.
above mean sea level. On the East side, site will be limited with an upland with 625-637 M. and on the West with
Karamsara lake. The nearest railway station is Gondia on the main Bombay-Calcutta line. The approximate road
distance from Gondia to project site is 130 kms. The project site is approachable from Gondia via Balaghat (M.P.)
through all weather motorable road. The project site is also connected to Durg through a motorable road and the distance
is approximately 150 kms. Durg is also on the main Bombay – Calcutta railway line. The site is also connected to
Nagpur (308 kms.) by all weather asphalt road connecting Baihar, Balaghat and Bhandara towns. The nearest township
district central town is Baihar at a distance of 23 km. The distance by road of Baihar from Lamta and Balaghat is 53 and
65 km. respectively. Balaghat is connected by Jabalpur- Gondia narrow gauge line. The nearest river to the site is Banjar
which flows in North West direction at a distance of 2.2 km. from the site. Close to the construction site there are several
man-made water reservoirs, Karamsara being the largest of these.
2.1.2 CLIMATE
Yearly average temperature of the area is +25o C. April to June are the summer months, the maximum temperature rise in
summer being +46o C. The minimum temperature witnessed during winter +1 oC. Average amount of atmospheric
precipitation at the site area is 1200-1500 mm annually, with maximum occurring July to September. Maximum daily
rainfall observed is 260 mm Prevailing wind direction in the area are North-West. Maximum wind speed is 20m/sec.
2.1.3 ACCESS BY ROAD
Contractor, if necessary, shall build other temporary access roads to the actual site of construction for his own work at
his own cost. The contractor shall be required to permit the use of the roads so constructed by him for vehicles of any
other parties who may be engaged on the project site. The contractor shall also facilitate the construction of the
permanent roads should the construction there of start while he is engaged on this work. He shall make due allowance in
this tender for any inconvenience he anticipates on such account.Non-availability of access roads for the use of the
contractor shall in no case condone any delay in the execution of works not be the cause for compensation against the
owner.

2.2 WATER SUPPLY: As per DLIT
Contractor will have to make own arrangements for supply of water to his labour camps & for works. All pumping
installations, pipe network & distribution system will have to be carried out by the contractor at his own cost.
Alternatively the owner at his discretion may endeavor to provide water to the contractor at the owners source of supply
provided the contractor make his own arrangement for the water meter which shall be in his custody of the owner & other
pipe network from source of supply & such distribution pipe net work shall have the prior approval of the Engineer-in-
Charge, So as not to interfere with layout & progress of the other construction work in such cases the rate for water shall
be 55 paisa per kiloliter which will be deducted from the running account bills. However, the owner does not guaranty
the supply of water & this does not relive the contractor of his responsibility in making his own arrangement & for the
timely completion of the various works as stipulated.
2.3 POWER SUPPLY:
Subject to availability, owner will supply Power at the nearest sub-station, from where the contractor will make his own
arrangement for temporary distribution. All the works will be done as per IEA regulations and passed by the Engineer-In-
Charge. The temporary line will be removed forthwith after the completion of the work or if there is any hindrance
caused to the other works due to alignment of these lines, the contractor will re-route or remove the temporary lines at his
own cost. The contractor at his cost will also provide suitable electric metrers, issue, switches, etc. for purposes of
payment to the owner which should be in the custody and control of the owner. The cost of power supply shall be
payable to the owner every month at such rates as fixed by the owner from time to time and would be deducted from the
running account bills. The owner shall not, however guarantee the supply of electricity and no compensation for any
failure or shortage supply of electricity will be entertained and this does not relieve the contractor of his 4esponsibility
for timely completion of this work as stipulated in the contract.
2.4 LAND FOR CONTRACTORS FIELD OFFICE GODOWN AND WORKSHOP :
The owner will at his own discretion and convenience and for the durati0n of the work make available near the site, land
for construction of contractor‟s field office, godowns, work-shops and assembly yard-required for the execution of the
contract. The contractor shall at his own cost construct all these temporary buildings and provide suitable water supply
and sanitary arrangement approved by the Engineer-in-charge.On completion of the works undertaken by the Contractor,
he shall remove all temporary works erected by him and have the site cleaned as directed by Engineer-In-Charge if the
Contractor shall fail to comply with these requirements, the Engineer-In-Charge may at the expenses of the contractor
remove such surplus and rubbish materials and dispose off the same as he deems fit and get the site cleared as aforesaid
and the contractor shall forth with pay the amount of all expenses so incurred and shall have no claim in respect of any


such surplus material disposed off as aforesaid. But the owner reserves the right to ask the contractor any time during the
tendency of the contract to vacate the land by giving 7 days notice on security reasons or on national interest or
otherwise.
2.5 LAND FOR RESIDENTIAL ACCOMMODATION : As per DLIT.
Land for residential accommodation for staff and labour will be made available at the discretion of the Engineer-In-
Charge and rent for the same will be as decided by the Engineer-In-Charge according to location and area taken by the
contractor.


                                                      SECTION –III

GENERAL INSTRUCTION TO TENDERERS
3. SUBMISSION OF TENDER:-
Following documents will be issued to the tenderers –As per DLIT
i) One complete set of tender document including proposal forms and drawings marked ORIGINAL.
ii) One complete set of tender document including proposal forms and drawings marked.
             TENDERER’S COPY.
iii) Four additional copies of proposal forms.Documents mentioned at (i) & (ii) above shall be submitted along with the
quotation, Documents mentioned at (ii) above may be retained by the tenderer for reference.
3.2 Addenda / Corrigenda to this tender documents, if issued, must be signed, submitted along with the tender document.
The tenderer should write clearly the revised quantities in Schedule of Rates of Tender document and should price the
work based on revised quantities when amendments for quantities are issued in addenda.
3.3 Tender should be submitted in double sealed envelope with the name of work super scribed there on and with the
note „QUOTATION DO NOT OPEN‟ written prominently. The full name, postal address and telegraphic address of the
tenderer shall be written on the bottom left hand corner of the sealed cover.
4. DOCUMENTS:
4.1 DETAILS TO BE SUBMITTED ALONG WITH THE TENDER :
The tenders, as submitted will consist of the followings:-
 i) Complete set of the tenderers documents along with 4 copies of proposal forms as sold duly filled in and signed by
the tenderers as prescribed in different clauses of the tender documents.
ii) Earnest money in the manner specified in clause 6 here of.
iii) Proposal forms containing the following profomas, to be filled up by the tenderers as a part of their quotations.
a)       Performa of letter of submission of tender,b) Summary of only the total prices quoted by the tenderer.c)
Schedule of rates / prices. d) Performa giving details of similar works done by the tenderer during the past five
years. e) Performa giving details of concurrent commitments of the tenderer. f) Performa giving details of equipments,
tools and tackles proposed to be deployed by the tenderer for the work. g) Performa giving details of site organisation
proposed to be set up by the tenderer for the work including the bio-data of the site-in-charge and key personnel. h)
Performa giving information about tenderer.       i) Performa indicating the list of enclosures to be attached along with the
quotation viz. power of attorney, copies of documents showing annual turnover of woks of similar nature, solvency
certificate, Income Tax/Sales Tax certificate etc.
 4.2 ALL PAGES TO BE INITIALED:
         All signatures in tender documents shall be dated, as well as all the pages of all sections of tender documents
shall be initialed at the lower right hand corner or signed wherever required in the tender papers by the tenderer or by a
person holding power of attorney authorizing him to sign on behalf of the tenderer before submission of tender including
corrections.
 4.3 RATES TO BE IN FIGURES AND WORDS:
The tenderer shall quote in English in figures as well as in words the rates and amount tendered by him in the Schedule of
Rates forming part of the documents in such a way that interpolation is not possible. The amount for each item shall be
worked out and and entered and requisite total given of all items. The tendered amount for the work shall be entered in
the tender and duly signed by the tenderer.If some discrepancies are found between the rates given in words and figures
or the amount shown in the tender, the following procedure shall be followed :-
 a) When there is difference between the rates in figures and words, the rate which corresponds to the amount worked out
 by the tenderer shall be taken as correct.
 b) When the rate quoted by tenderer in figures and words tallies but the amount is incorrect the rate quoted by the tender
 shall be taken as correct.
 4.4 CORRECTIONS AND ERASURES :
 All corrections and alteration in the entries of tender papers shall be signed in full by the tenderer with date. No erasures
 or over-writings are permissible.
 4.5 SIGNATURE OF TENDERER :
4.5.1 The tender shall contain the name, residence and place of business of person or persons making the tender and shall
be signed by the tenderer with his usual signature. Partnership firms shall furnish the full names of all partners in the
tender. It should be signed in the partnership‟s name by all the partners or by duly authorized representative followed by


the name and designation of the person signing. Tender by a corporation shall be signed by an authorized representative
and a Power of Attorney on that behalf shall accompany the tender. A copy of the constitution of the firm with names of
all Partners shall be furnished.
4.5.2 When a tenderer signs a tender in a language other than English, the total amount tendered should, in addition, be
written in the same language. The signature should be attested by at least one witness.
4.6 WITNESS :
  Witness and sureties shall be persons of status and property and their names, occupation and address shall be stated
below their signatures.
4.7     SCOPE OF WORK :
       The scope of work is defined in the DLIT, Special conditions of contract and specifications. The contractor shall
provide all necessary materials; equipments labour etc. for the execution and maintenance of the work till completion
unless otherwise mentioned in these tender documents.              All materials that go with the work shall be approved by
Engineer-in- Charge prior to procurement and use.
 5.0 TRANSFER OF TENDER DOCUMENTS : Transfer of tender document purchased by one intending tenderer to
 another is not permissible.
 6. EARNEST MONEY: - AS PER DLIT.
 The tenderer must pay earnest money as given in the notice inviting tenderer. Tender not accompanied Earnest Money
 Deposit will be rejected. (Irrespective of the fact whether they are from Public & private sector) and representatives of
 such tenders will not be allowed to attend the tender opening. The earnest money can be paid by crossed demand draft or
 bank guarantee from any Nationalised Scheduled Bank in the prescribed proforma as indicated in the tender document in
 favour of Hindustan Copper Ltd. Malanjkhand Copper Project.
 NOTE: - The Bank Guarantee so furnished by tenderer shall be in the proforma prescribed by the Owner to be valid for
 six months from the date of opening of the tender. No interest shall be paid by the Owner on the Earnest Money
 Deposited by the Owner directly to the tenderers within a reasonable period of time. Correspondence in this regard may
 be addressed to the owner directly by the tenderers.
 The earnest money deposited by successful tender will be retained towards the security deposit for the fulfillment of the
 contract but shall be forfeited if the tenderer fails to deposit the requisite security deposit here of and/or fails to start work
 within a period at 21 days or fails to execute the agreement within 10 days of the receipt by him of the notification of the
 acceptance to tender.
7. VALIDITY :-
 Tender submitted by tenderers shall remain valid for acceptance for a period of four months from the date of opening of
 the tender. The tenderers shall not be entitled during the said period of four months, without the consent in writing of the
 Owner, to revoke or cancel his tender or to vary the tender given or any term thereof. In case of tenderer revoking or
 canceling his tender or varying any terms in regard there of without the consent of Owner in writing, the earnest money
 paid by him along with the tender shall be forfeited.
8. ADDENDA / CORRIGENDA:
8.1 Addenda / Corrigenda to the tender documents may be issued prior to the date of opening of the tenders to clarify
documents or to reflect modification in the design of contract terms.
8.2 Each addenda / corrigenda issued by the Project Manager will be distributed in duplicate to each person or
organization to whom a set of tender documents has been issued. Each recipient will attach one copy of each
addenda/corrigenda with tender and should acknowledge receipt of the same. All addenda/corrigenda issued by the
Project Manager shall become part of Tender Documents.
 9. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:
     The right to accept the tender will rest with the Owner. The Owner, however, does not bind itself to accept the lowest
 tender, and reason whatsoever. The whole work may be split up between two or more contractors or accepted in part and
 not entirely if considered expedient. Tenders in which any of the particulars and prescribed information are missing or
 are incomplete in any respect and/or the prescribed conditions are not fulfilled are liable to be rejected.Canvassing in
 connection with tenders is strictly prohibited and tenders submitted by the Tenderers who resort to canvassing will be
 liable to rejection. Tender containing uncalled for remarks or any additional conditions are liable to be rejected.

 10. SECURITY DEPOSIT: As per DLIT
 11. TIME SCHEDULE :
     The time allowed for carrying out the job is as shown in this document. This shall be signed and submitted along
with the tender. Requests for revision in completion time after tenders are opened will not be considered.
12. COLLECTION OF DATA TENDERER’S RESPONSIBILITY :-
The tenderer shall visit the site and acquaint himself fully of the site and no claims whatsoever will be entertained on the
plea of ignorance of difficulties involved in execution of work or carriage of materials.

13.  RETIRED GOVERNEMNT OR COMPANY OFFICERS:-
     No Engineer of Gazetted rank or other Gazetted officer, employed in Engineering or Administrative duties in an
Engineering department of the states / Central Government or of the Owner is allowed to work as Contractor for a
period of two year after his retirement from Government Service or from the employment of the Owner without the

previous permission of the Owner. The contract, if awarded is liable to be cancelled if either the contractor or any of his
employees is found at any time to be such a person, who had not obtained the permission of the State/Central
Government or of the Owner as aforesaid before submission of tender or engagement in the contractor‟s service as the
case may be.

14. SIGNING OF THE CONTRACT :-
The successful tenderer shall be required to execute an agreement in the proforma attached with tender document within
10 days of the receipt by him of the notification of acceptance of the tender In the event of failure on the part of the
successful tenderer to sign the agreement within the above stipulated period, the earnest money deposit will be forfeited
and the acceptance of the tender shall be considered as cancelled.
15. FIELD MANAGEMENT AND CO-ORDINATION OF WORK :-
15.1 The field management will be responsibility of the Engineer-in-charge who will be nominated by the owner. The
Engineer-in-charge may also authorize his representatives to perform his duties and functions.
15.2 Claus 43 and 57 of the General conditions of Contract shall be referred to in this connection.
15.3 The Engineer-in-charge shall co-ordinate the works of various agencies engaged at site to ensure minimum
disruption of work carried out by different agencies. It shall be the responsibility of the contractor to plan and execute
the works strictly in accordance with site instructions to avoid hindrance to the work being executed by other agencies.
In this connection instructions of the Engineer-in-charge shall be binding on the contractor.

                                                   SECTION – IV
                                               GENERAL OBLIGATIONS

16. INTERPRETATION OF CONTRACT DOCUMENTS:-
16.1     Several documents forming the contract are to be taken as mutually explanatory. Should there be any
discrepancy, inconsistency, error or omission in the contracts or any of them, the matter may be referred to Engineer-in-
charge who shall give his decisions and issue to the Contractor instructions directing in what manner the work is to be
carried out. The decision of the Engineer-in-charge shall be final and conclusive and the contractor shall carry out work
in accordance with this decision.
16.2     Works shown upon the drawing but not mentioned in the specification or described in the specifications without
being shown on the drawings shall nevertheless be held to be included in the same manner as if they had been
specifically shown upon the drawings and described in the specifications.

16.3     HEADINGS AND MARGINAL NOTES :
      All headings and marginal notes to the clause of theses General conditions           of contract or of and to the
specifications or any other tender documents are solely for the purpose of giving a concise indication and not a summary
of the contents there of and they shall never be deemed to be part there of or to be used in the interpretation or
construction there of the contract.

16.4     SINGULAR AND PLURAL :
     In these contract documents unless otherwise stated specifically, the singular shall include the plural and vice-versa
wherever the context so requires. Words importing persons shall include relevant corporate companies/ registered
associations/body of individuals/firm or partnership.

17. SPECIAL CONDITIONS OF CONTRACT :
17.1 Special conditions of Contract shall be read in conjunction with the General conditions of Contracts, specifications
of work, drawings and any other documents forming part of this contract wherever the context so requires.
17.2 Not withstanding the sub-division of the documents into these separate section and volumes every part of each shall
be deemed to be supplementary to and complementary of every other part and shall be read with and into the contact so
far as it any be practicable to do so.

17.3 Where any portion of the General Conditions of Contract is repugnant to or at variance with any provisions of the
Special Conditions of Contract then unless a different intention appears, the provisions of the Special Conditions of
Contract shall be deemed to over ride the provision of the General conditions of contract and shall to the extent of such
repugnancy or variations prevail.
17.4 Wherever it is mentioned in the specification that the Contractor shall perform certain work or provide certain
facilities, it is understood that the contractor shall do so at his cost.
17.5 The materials, design and workmanship shall satisfy the relevant Indian standard the job specifications contained
here in and codes referred to. Where the job specifications stipulate


requirements in addition to those contained in the standard codes and specifications these additional requirements shall
also be satisfied.


18. CONTRACTOR TO OBTAIN HIS INFORMATION :-
          The contractor in fixing his rate shall for all purpose whatsoever be deemed to have himself independently
obtained all necessary information for the purpose of preparing his tender. The correctness of details, given in the
Tender Document to help the contractor to make up the tender is not guaranteed.
          The contractor shall be deemed to have examined the Contract Documents to have obtained his own information
in all matters whatsoever that might affect the carrying out of the works at the scheduled rates and to have satisfied
himself to the sufficiency of his tender. Any error in description or quantity or omission there from shall not vitiate the
contract or release the Contractor from executing the work comprised in the contract according to drawings and
specification at the scheduled rates. He is deemed to know the scope, nature and magnitude of the work and the
requirements of materials and labour involved etc. and as to what all works he has to complete in accordance with the
contract documents whatever be the defects,
      Omissions or errors that may be found in the contract documents. The contractor shall be deemed to have visited
surroundings to have satisfied himself to the nature of all existing structures if any and also as to the nature and the
conditions of the Railways, roads, bridges and culverts means of transport and communication whether by land, water or
air and as to possible interruptions there to and the access and aggress from site, to have made enquiries examined and
satisfied himself as to the sites, for obtaining sand, stones, bricks and other materials, the site for disposal of surplus
materials, the available accommodation as to whatever required depots and such other buildings as may be necessary for
executing and completing the works to have made local independent enquiries as to the sub-soil, sub-soil water and
variations there of, storms, prevailing winds, climatic conditions and all other similar matters effecting the works. He is
deemed to have acquainted himself as to his liability of payment of Government taxes, customs duty and other charges
18.3 Any neglect or failure on the part of the contractor in obtaining necessary and reliable information upon the
foregoing or any other mattes affecting the contract shall not relieve him from any risks or liabilities or the entire
responsibility from completion of the works at the schedule rates and time in strict accordance with the contract
documents.
 18.4 No verbal agreement or inference from conversation with any officer or employee of the Owner either before or
 after the execution of the contract agreement shall in any way affect or modify any of the terms or obligations herein
 contained.
19. SECURITY DEPOSIT:
19.1 As per DLIT
19.2 If the contractor, sub contractor or their employees shall break, deface or destroy the property belonging to the
owner or other during the execution of the contract, the same shall be made good by the contractor at his own expenses
and in default there of, the Engineer-in-charge may cause the same to be made good by other agencies and recover
expenses from the contractor (for which the certificate of the Engineer-in-charge shall be final.)
19.3 All compensation or the sums of money payable by the contractor to the owner or recoveries to be made under
terms of this contract may be deducted from or paid by the sale of a sufficient part of his security deposit or from any
sums which may be due or may become due to the contractor by the owner on any account whatsoever and in the event
of his security deposit being reduced by reason of any such deduction or sale of aforesaid the contractor shall within
ten days there after make good in cash, bank drafts any sum or sums which may have been deducted from or realized
by sale of his security deposit or any part there of. No interest shall be payable by the owner from sum deposited as
security deposit.
19.4 The security deposit will be refunded after the expiry of the period of liability as stipulated in the contract.
20. FORFEITURE OF SECURITY DEPOSIT :-
 Whenever any claim against the contractor for the payment of a money arises out of or under the contract, the owner
shall be entitled to recover such sum by appropriating in part or whole the security deposit of the contractor and to sell
any Government Securities etc. forming whole or part of such security. In the event of the security being in sufficient or
if no security has been taken from the contractor then the balance or the total sum recoverable as the case may be shall
be deducted from any sum then due or which at any time there after may become due to the contractor. The contractor
shall pay to the Owner on demand any balance remaining due.
21. TIME OF PERFORMANCE : AS PER D.L.I.T
21.1 TIME SCHEDULE OF CONSTRUCTION :
  The general time schedule of construction is given in the tender document. Contractor should prepare a detailed
monthly or weekly construction programme jointly with the Engineer-in-charge within one month of issue of letter of
intent or acceptance of tender. The work shall be executed strictly as per the time schedule given in this document. The
period of construction given includes the time required for testing, rectifications if any, retesting and completion in all
respect to the entire satisfaction of the Engineer-in-charge.
22. EXTENSION OF TIME :
     If the contractor shall desire an extension of time for completion of the work on the grounds of his having been
unavoidably hindered in its execution or on any other grounds, he shall apply in writing to the Engineer-in-charge
within ten days of the date of the hindrance on account of which he desires such extension as aforesaid, the Engineer-in-
charge shall if in his opinion (which shall be final) reasonable grounds have been shown their for, authorize such
extension of time as may be in his opinion be necessary or proper. Whenever, such extension is granted by the
Engineer-in-charge, “this would be without prejudice to the Owner‟s right under this contract ”.


23. PENALTY :
Time is the essence of the contract. In case the contactor fails to complete the work within the stipulated period, he shall
be liable to pay a penalty of 1%(one percent) of the value of contract per week of the delay subject to a maximum of
10%(ten percent) of the value of the contract. The parties agree that this is a genuine pre estimate of the loss/damage
which will be suffered on account of delay/breach on the part of the contractor and the said amount will be payable on
demand without there being any proof of the actual loss or damages caused by such delay/breach.

24. FAILURE OF THE CONTRACTOR TO COMPLY WITH THE PROVISION OF THE CONTRACT :
If the contractor refuses or fails to execute the work or any separable part thereof with such diligence as will ensure its
completion within the time specified in the contract or extension there of, or fails to complete the said work within such
time or fails to perform any of his obligation under the contract or in any manner commits a breach of provision of the
contract, it shall be open to the owner at its option by written notice to the Contractor :-
(a) To determine the Contract in which event the Contract shall stand terminated and shall cease to be in force and
effect on and from the date appointed by the Owner on that behalf where upon the contractor shall stop forthwith any of
the contractor‟s work then in progress except such work as the owner may in writing require to be done to safeguard
any property or work, or installations from damage and the owner for its part may take over the work remaining
unfinished by the contactor and complete the same through a fresh contractor or by other means at the risk and cost of
the contractor and the contractor, and any his sureties if any shall be liable to the owner for and excess cost occasioned
by such work having to be so taken over and completed by the owner over and above the cost at the rates specified in
the schedule of quantities and rates.
b) Without determining the contract to take over the work of the contractor or any part there of and complete the same
through a fresh contractor or by other means, at the risk and cost of the contractor the contractor and his sureties if any
being liable to the owner for any excess cost occasioned by such work having to be so taken over and completed by the
owner, over and above the cost at the rates specified in the schedule of quantities and rates.
 Before determining the contract as aforesaid and provided that in the judgment of the owner the default or defaults
committed by the contractor is or are curable and can be cured by the contractor if an opportunity is given to him so to
do, the owner may by notice in writing call upon the contractor to cure the default within such time as may be specified
in the notice.
In the event the owner proceeds in the manner prescribed in sub-clause 24.1 (a) or in sub clause 24.1 (b) above :
a) The whole or part of the security deposit furnished by the contractor is liable to be forfeited with out prejudice to the
right of the owner to recover from the contractor the excess cost referred to in the sub-clause aforesaid the owner shall
also have the right of taking possession of and utilizing in completing the work or any part there of, such as materials,
equipment and plant belonging to the contractor as may be at the site of the wok and necessary there fore and the
contractor shall not be entitled to any compensation for use of or damage to such materials equipment and plant.
b) The money that may have become due to the contractor on account of work executed by him already shall not be
payable to him until after the expiry of six (6) calendar months reckoned from the date of determination of contract or
from the taking over of the work of part there of by the owner as the case may be during which period the responsibility
for faulty materials or workmanship in respect of such work shall under the contract rest exclusively with the
Contractor and such money shall be subject to deduction of all amount due from the owner to the Contractor whether
under the terms of contract or otherwise are authorized or required to be reserved or retained by the owner.
The owner shall also have the right to proceed in the name prescribed sub clause 24.1 (a) above in the event that the
contractor becomes bankrupt or insolvent or compounds with his creditors or assigns the contract in favour of his
creditors or any other person or persons, or being a company or a corporation goes into voluntary liquidation, provided
that in the said events, it shall not be necessary for the owner to give any prior notice to the contractor.
Termination of the contract as provided from sub-clause 24.1 (a) above shall not prejudice or affect the rights of the
owner which may have accrued up to the date of such termination.
25. CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER
     CLAUSE 24:-
In any case in which any of the powers conferred upon the owner by clause 24 there of shall have become exercisable
and the same had not been exercised, the non-exercise there of shall not constitute a waiver of any of the conditions here
of and such powers shall not withstanding be exercisable in the event of any further case of default by the contractor for
which by any clause or clause here of he is declared liable to pay compensation amount to the whole of his security
deposit and the liability of the contractor for past and future compensation shall remain unaffected in the event of the
owner putting in force the powers vested in him under the preceding clause no. 24 he may if he so desires take possession
of all or any tools and plant, materials and stores in or upon the woks of the site thereof belonging to the contractor or
procured by him and intended to be used for the execution of the wok or any part thereof paying or allowing for the same
in account at the contract rates or in case of these not being applicable at current market rates to be certified by the
Engineer-in-charge whose certificate there of shall be final. Otherwise the Engineer-in-charge may give notice in writing
to the contractor or his clerk of the work, foremen or other authorized agent, requiring him to remove such tools, plant,
materials or stores from the premises (within a time to be specified in such notice), and in the event of the contractor
failing to comply with any such requisition the Engineer-in-Charge may remove them at the contractor‟s expense or sell
them by auction private sale on account of the contractor and at his risk in all respects without any further notice as to the


date, time and place of sale and the certificate of the Engineer-in-Charge as to the expense of any such remove and the
amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor.
26. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK :
If at any time from the commencement of the wok the owner shall for reason whatsoever not require the whole work or
part there of as specified in the tender to be carried out the Engineer-in-Charge shall give notice in writing of the fact to
the contractor who shall have no claim to any payment or compensation what so ever on account of any profit or
advantage which might have derived from the execution of the work not having been carried out neither shall he has any
claim for compensation by reason of any alterations having been made in the original specification, drawings, designs
and instruction which shall involve any curtailment of the work as originally contemplated.

27. CHANGE IN CONSTITUTION: -
Where the contractor is a partnership firm the price approval in writing of the Owner shall be obtained before any change
is made in the constitution of the firm. Where the contractor is an individual or a Hindu Undivided family business
concern, such approval as aforesaid shall, like wise be obtained before such contractor enters any agreement with other
parties, where under the reconstituted firm would have the right to carry out the wok hereby undertaken by the contractor
in either case if prior approval as aforesaid is not obtained the contract shall be deemed to have been allotted in
contravention of clause 33 hereof and the same action may be taken and the same consequence shall ensue as provided in
the said clause.
28. IF THE CONTRACTOR DIES :
Without prejudice to any of the rights or under this contract, if the contactor dies, the owner shall have the option of
terminating the contract without compensation to the contractor.
29. MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE:
No Director, or official or employee of the Owner shall in any way be personally bound or liable for the acts or
obligations of the Owner under the contract or answerable for any default or omission in the observance or performance
of any of the acts, matter or things, which are herein contained.
30. OWNER NOT BOUND BY PERSONAL REPRESENTATIONS :
The contractor shall not be entitled to any increase on the scheduled rates or any other right or claim whatsoever by
reason of any representation, explanation or statement or alleged representation, promise or guarantees given or alleged
to have been given to him by any person.
31 CONTRACTOR’S OFFICE AT SITE :-
The contractor shall provide and maintain an office at the site for the accommodation of his agent and staff and such
office shall be open at all reasonable hours to receive instructions, notices or other communications.
32. CONTRACTOR’S SUBORDINATE STAFF AND THEIR CONDUCT :
The contractor, on or after award of the work shall name and depute a qualified engineer having sufficient experience in
carrying out work of similar nature to whom the equipments, materials if any, shall be issued and instructions for
works given. The contractor shall also provide to the satisfaction of the Engineer-in-Charge sufficient and qualified
staff to superintend the execution of the works. Competent sub-agents, foremen and leading hands including those
specially qualified by previous experience to supervise the types of works comprised in the contract in such matter as
will ensure work of the best quality and expeditors working. Whenever in the opinion of the Engineer-in- charge
additional properly qualified supervisory staff is considered necessary they shall be employed by the contractor without
additional charge on account there of. The contractor shall ensure to the satisfaction of the Engineer-in-charge that
subcontractors, if any shall provide competent and efficient supervision, over the work entrusted to them.If and whenever
any of the contractors or sub-contractors agents, sub-agents, assistants, foremen or other employee shall in the opinion of
Engineer-in- charge be guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the
performance of their duties or that in the opinion of the owner or the Engineer-in-charge it is undesirable for
administrative or any other reasons for such person or persons to be employed in the works, the contractor if so directed
by Engineer-in- charge, shall at once remove such person or persons from employment there on. Any person or persons
so removed from the works shall not again be employed in connection with the works without the written permission of
the Engineer-in-charge. Any person so removed from the works shall be immediately replaced at the expense of the
contractor by a qualified and competent substitute. Should be contractor be requested to repatriate any person removed
from the works he shall do so and shall bear all costs in connection herewith.The contractor shall be responsible for the
proper behavior of all staff, foremen, workmen and others and shall exercise a proper degree of control over them and in
particular and without prejudice to the said        generality, the contractor shall be bound to prohibit and prevent any
employees from trespassing or acting in anyway detrimental or           prejudicial to the interest of the community or of the
properties or occupier of land properties in the neighborhood and in the event of such employee so trespassing, the
contractor shall be responsible therefore and relieve the Owner all consequent claim or action for damages or injury or
any other grounds whatsoever. The decision of the Engineer-in-charge upon any matter arising under this clause shall be
final.If and when required by the Owner, contractor‟s personnel entering upon the Owner‟s premises shall be properly
identified by badges of a type acceptable to the Owner which must be worn at all times on Owner‟s premises




33.
33.1 SUB-LETTING OF WORK :
No part of the contract nor any share or interest therein shall in any manner or degree be transferred, assigned or sublet
by the contractor directly or indirectly to any person, firm or corporation whosoever except as provided for in the
succeeding sub-clause, without the consent in writing of the owner.
33.2 SUB-CONTRACTS FOR TEMPORARY WORKS ETC.
The owner may give written consent to sub-contract for the execution of any part of the works at the site, being entered
into by the contractor provided each individual sub-contract is submitted to the Engineer-in- charge before being entered
into and is approved by him.
33.3 LIST OF SUB-CONTRACTORS TO BE SUPPLIED :\
At the commencement of every month, the contractor shall furnish to the Engineer-in-charge list of all sub-contractors or
other persons or firms engaged by the contractor and working at the site during previous month with particulars of the
general nature of the sub-contractor or work.
33.4 CONTRACTOR’S LIABILITY NOT LIMITED BY SUB-CONTRACTORS :
Notwithstanding any sub-letting with such approval as aforesaid and notwithstanding that the Engineer-in-charge shall
have received copies of any sub-contracts, the contractor shall solely responsible for the quality and proper and
expeditious execution of the works and the performance of all the conditions of the contract in all respects as if such
sub-contractor or sub-letting had not taken place and if such work had been done directly by the contractor.
33.5 OWNER MAY TERMINATE SUB-CONTRACTS :
 If any sub-contractor engaged upon the works at the site executes of any work which in the opinion of the Engineer-in-
charge is not in accordance with the contract documents, the owner may by written notice to the contractor request him
to terminate such sub-contract and the contractor upon the receipt of such notice shall terminate sub-contract and dismiss
the sub- contractors and the latter shall forthwith leave the works, failing which the Owner shall have right to remove
such contractors from the site.
33.6 NO REMEDY FOR ACTION TAKEN UNDER THIS CLAUSE :
No action taken by the Owner under the clause shall relieve the contractor of any of his liabilities under the contract or
give rise to any right to compensation, extension of time or otherwise failing which the Owner shall have the right to
remove such sub-contractors from the site.
34. POWER OF ENTRY
If the contractor shall not commence the work in the manner previously described in the contract documents or if he shall
at time in the opinion of the Engineer-in-charge -
i) fail to carry on the work in conformity with the contract documents, or
ii) fail to carry on the works in accordance with the contract schedule or
iii) substantially suspend work or the works for a period of fourteen days without authority from the Engineer-in-charge
      or
iv) fail to carry on and execute the works to the satisfaction of the Engineer-in-       charge, or
v) fail to supply sufficient or suitable constructional plant, temporary works, labour, materials or things, or
vi) Commit or suffer or permit any other breach of any of the provisions of the contract on his part to be performed or
observed or persists in any of the above mentioned breaches of the contract for fourteen days,after notice in writing shall
have been given to the contractor by the Engineer-in-charge requiring such breach to be remedied, or
vii) If the contractor shall abandon the works or
viii) If the contractor during the continuance of the contract shall become bankrupt, make any arrangement of
composition with his creditors or permit any execution to be levied or go into liquidation whether compulsory or
voluntary not being merely a voluntary liquidation for the purpose of amalgamation or reconstruction than in any such
case, the Owner shall have the power to enter upon the works and take possession thereof and of the materials,
temporary works, constructional plant and stock there on and to revoke the contractor‟s license to use the same, and to
complete the works by his agents, other contractors or workmen or to re-let the same upon any terms and to such other
person, firm or corporation as the Owner in his absolute discretion may think proper to employ and for the purpose
aforesaid to use or authorize the use of any materials, to employ and for the purpose aforesaid to use authorize the use
of any materials, temporary works, constructional plant and stock as aforesaid, without making payment or allowance
to the contractor for the said materials other than such as may be certified in writing by the Engineer-in-charge to be
reasonable and without making any payment or allowance to the contractor for the use of the temporary said works,
constructional plant and stock or being liable for any loss or damage thereto and if the Owner shall by reason of his
taking possession of the work or of the works being completed by other contractor (due account being taken of any
such extra work or works which may be omitted) than the amount of such excess as certified by the Engineer-in-charge
shall be deducted from any money which may be due for work done by the contractor under the contract and not paid
for. Any deficiency shall forthwith be made good and paid to the Owner by the contractor and the Owner shall have
power to sell in such manner and for such price as he may think fit all or any of the constructional plant, materials etc.
constructed by or belonging to and to recoup and retain the said deficiency or any part thereof out of the     proceeds of
the sale.
35. CONTRACTOR’S RESPONSIBILITY WITH OTHER AGENCIES :
Without repugnance to any other condition it shall be the responsibility of the contractor executing the work of civil
construction to work in close cooperation and coordinate in the works with the mechanical, electrical, air-conditioning

and intercommunication contractors and other agencies or their authorised representatives in providing the necessary
grooves, recesses, cuts and opening etc. in wall, slabs, beams and columns etc. and making good the same to the desired
finish as per specifications for the placement of electrical and intercommunication cables, conduct, air-conditioning inlets
and outlets, grills and other equipments etc. where required. For the above said requirements in the false ceiling and other
partitions, the contractor before starting up the work shall in consultation with the electrical, mechanical
intercommunication, air-conditioning contractor and other agencies prepare and put up a joint scheme, showing the
necessary opening, grooves, recesses cuts, the methods of fixing required for the works of the aforesaid and the finishes
therein to the Engineer-in-charge and get the approval. The contractor before finally submitting the scheme to the
Engineer-in-charge shall have the written agreement of the other agencies. The Engineer-in-charge before
communicating his approval to the scheme with any required modifications shall get the final agreement of all the
agencies which shall be binding. No claims shall be entertained on account of the above. The contractor shall confirm in
all respects with the provisions and statutory regulations, ordinances or bye laws of any local or duly constituted
authorities or public bodies which may be applicable from time to time to the works or any temporary works. The
contractor shall keep the owner indemnified against all penalties and liabilities, of every kind arising out of non-
adherence to such statues, ordinances, laws, regulations etc.

36. OTHER AGENCIES AT SITE :
     The contractor shall have to execute the work in such place and condition where other agencies will also be engaged
for other works such as site grading, filling and leveling, electrical and mechanical engineering works etc. No claim
shall be entertained due to work being executed in the above circumstances.
37. NOTICES :
37.1 SERVICE OF NOTICE ON CONTRACTOR :
Any notice hereunder may be served on the contractor or his duly authorized representative at the job site or may be
served by registered mail direct to the address furnished by the contractor. Proof of issue of any such notice could be
conclusive of the contractor having been duly informed of all contents there in.
37.2 SERVICE OF NOTICE ON OWNER :
Any notice to be given to the owner under the terms of the contract shall be served by sending the same by registered
post to or leaving the same at the office of Hindustan Copper Limited Malanjkhand copper project, Malanjkhand, (M.P.)
38. RIGHT OF VARIOUS INTERESTS :
i) The owner reserves the right to distribute the work between more than one contractor. The contractor shall cooperate
and afford other contractors reasonable opportunity for access to the works for the carriage and storage of materials and
execution of their works.
 ii) Wherever the work being done by any department of the owner or by other contractors employed by the owner is
contingent upon work conversed by this contract. The respective right of the various interest involved shall be
determined by the Engineer- in-charge to secure the completion of the various portions of the work in general harmony.
39. PATENTS AND ROYALTIES :
The contractor, if licensed under any patent covering equipment, machinery, materials or compositions of matter to be
used or supplied or methods and process to be practice or employed in the performance of this contract, agrees to pay
all royalties and license fees which may be due with respect there to any equipment, machinery materials composition of
matters to be used or supplied or methods and processes to be practiced or employed in the performance of this before
supplying or using the equipment, machinery materials composition of matters to be used or supplied or methods and
processes to be practiced or employed in the performance of this contract is covered by a patent under which the
contractor is not licensed then the contractor before supplying or using the equipment, machinery, materials composition
method or processes shall obtain such licenses and pay such royalties and license fees as may be necessary for
performance of this contract. In the event the contractor fails to pay any such royalty or obtain any such license, any
suits for infringement of such patents which is brought against the contractor or the owner as a result of such failure will
be defended by the contractor at his own expense and the contractor will pay any damages and costs awarded in such
suit. The contractor shall promptly notice the owner if the contractor has acquired knowledge of any plant under which a
suit for     infringement could be reasonably brought because of the use by the owner of any equipment, machinery,
materials, process methods to be applied here under. The contractor agrees to and does hereby grant to owner, together
with the right to extend the same to any of the subsidiaries of the owner as irrevocable royalty-free license to use in any
country, any invention made by the contractor or his employee in or as a result of the performance of the work under the
contract.      The owner shall indemnify and save harmless the contractor from any loss on account of claims against
contractor for the contributory infringement of patent rights arising out and based upon the same that the use by the
owner of the process included in the design prepared by the owner and used in the operation of the plant infringes on
patent right. With respect to any subcontract entered into by the contractor pursuant to the relevant clause here of the
contractor shall obtain from the sub-contractor an undertaking to provide the owner with the same patent protection that
contractor is required to provide under the provisions of this Clause.
40. LIENS :
If, at any time, there should be evidence or any lien or claim for which the owner might have become liable and which is
chargeable to the contractor the owner shall have the right to retain out of any payment then due or thereafter to become
due an amount sufficient to completely indemnify the owner against such lien be claim and if such lien by valid, the
owner may pay and discharge the same and deduct the amount so paid from any money which may be or may become


due and payable to the contractor, if any lien or claim remain unsettled after all payments are made. The contractor shall
refund or pay to the owner all money that the letter may be compelled to pay in discharging such lien or claim including
all costs and reasonable expenses.
41.
41.1 OWNER NOT LIABLE TO PAY COMPENSATION :
The contractor shall have no claim against the owner for any damages or for the reason of any failure or omission on the
part of owner to carry out the provisions of the contract for any reason beyond its control.
41.2 FORCE MAJEURE :
No failure or omission to carry out the provisions of the contract shall give rise to any claim by the owner against the
contractor if such failure or omission arises from an act of cod which shall mean all natural calamities such as fire, flood,
earthquake hurricane or any pestlleneeor from the compliance with any statute to regulation of the government or from
any way, civil war or a state of insurrection.

                                                        SECTION – V

                           PERFORMANCE OF WORK
42. EXECUTION OF WORK :
All the works shall be executed in strict conformity with the provision of the contract documents and with such
explanatory detailed drawings specifications and instruction as may be furnished from time to time to the contractor by
the Engineer-in-charge whether mentioned in the contract or not. The contractor shall be responsible for ensuring that
woks throughout are executed in the most substantial, proper and workman like manner with the quality of materials and
workmanship in strict accordance with the specifications and to the entire satisfaction of the Engineer-in-charge.
43 COORDINATION AND INSPECTION OF WORK :
The coordination and inspection of the day to day work under the contract shall be the responsibility of the Engineer-in-
charge or his authorized representative. A work order book will be maintained by the contractor for each sector in which
the aforesaid written instructions will be entered. These will be signed by the contractor or his authorized representative
by way of acknowledgement within 12 hours.
44. WORK IN MANSOON AND DEWATERINGS :
     The erection of work may entail working in the monsoon also the contractor must maintain a minimum labour force
as may be required for the job and plan and execute the construction and erection according to the prescribed schedule.
No extra rate will be considered for such work in monsoon.
     During monsoon and other period, it shall be the responsibility of the contractor to keep the construction work site
free from water at his own cost.
45 WORK ON SUNDAYS AND HOLIDAYS:
For carrying out wok on Sundays, holidays, the contractor will approach the Engineer-in-charge or his representative at
least two days in advance and obtain permission in writing.
46.GENERAL CONDITIONS OF CONSTRUCTION AND ERECTION WORK :
46.1 The working time is the time of 48 hours per week, overtime work is permitted in cases of need and the owner will
not compensate the same, shift working at 2 or 3 shifts per day will become necessary and the contractor should take this
aspect into consideration for formulating his rates for quotation. No extra claims will be entertained by the owner on this
account.
46.2-The contractor must arrange for the placement of workers in such a way that the delayed completion of work on any
part there of for any reason what so ever will not affect their proper employment. The owner will not entertain any claim
for idle time payment whatsoever.
46.3 The contractor shall submit to the owner reports at regular intervals regarding the status and progress of work, the
details and proforma of the report will mutually be agreed after the award of contract.
47 DRAWINGS TO BE SUPPLIED BY THE OWNER :
47.1 Where drawings are attached with tender these shall be for the general guidance of the contractor to enable him to
visualize to type of work contemplated and scope of work involved the contractor will be deemed to have studied the
drawings and formed an idea about the work involved.
47.2 Detailed working drawing on the basis of which actual execution of the work is to proceed will be furnished from
time to time during the progress of the work. The contractor shall be deemed to have gone through the drawings supplied
to him thoroughly and carefully and in conjunction with all other connected drawings and bring to the notice of the
Engineer-in-charge at any time during the contract. The drawings and other documents issued by the owner shall be
returned to the owner on completion of the works.
47.3 Copies of all detailed working drawing relating to the works shall be kept at the contractors office on the site and
shall be made available to the Engineer-in-charge at any time during the contract. The drawings and other documents
issued by the owner shall be returned to the owner on completion of the works.
48 DRAWINGS TO BE SUPPLIED BY THE ONTRACTORS :
48.1 Where drawings/data are to be furnished by the contractor they shall be as enumerated in the special conditions of
contract and shall be furnished within the specified time.
48.2 Where approval of drawings before manufacture/construction /fabrication has been specified it shall be contractors
responsibility to have these drawings prepared as per the directions of Engineer-in-charge and got approved before


proceeding with manufacture/construction/fabrication as the case may be, any changes that may have become necessary
in these drawing during the execution of the work shall have to be carried out by the contractor to the satisfaction of
engineer-in-charge at no extra cost. All final drawings shall bear the certification stamp as indicated below duly signed
by both the contractor and the Engineer-in-charge.
           Certified true for____________________________________________________
                                    _________________________________________________
         Agreement no._______________________________________________________

Signed ______________
       (Contractor)

                                                       (ENGINEER-IN-CHARGE)

49. SETTING OUT WORK.
     The Engineer-in-charge shall furnish the contractor with only the four corners of the work site and a level bench
mark and the contractor shall set out the works and shall provide an efficient staff for the purpose and shall be solely
responsible for the accuracy of such setting out.
     The contractor shall provide fix and be responsible for the maintenance of all stacks, templates, level mark, profiles
and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be
responsible for the consequence of such removal or disturbance should the same take place and for their efficient and
timely reinstate ment. The contractor shall also be responsible for the maintenance of all existing survey marks,
boundary marks, distance marks and center line marks either existing or supplied and fixed by the contractor. The work
shall be set out to the satisfaction of the Engineer-in-charge. The approval there of or joining with the contractor by the
Engineer-in-charge in setting out the work shall not relieve the contractor of any of his responsibilities.
     Before beginning the works, the contractor shall at his own cost, provide all necessary reference and level posts,
pegs, bamboos, flags, ranging rods strings and other materials for proper lay out of the work in accordance with the
scheme for bearing marks acceptable to the Engineer-in-charge. Centre, longitudinal or face lines and cross lines shall
be marked by means of small masonry pillars. Each pillar shall have distinct mark at the centre to enable the theodolite to
be set over it. No work shall be started until all these points are checked and approved by Engineer-in-charge in writing
but such approval shall not relieve the contractor of any of his responsibilities. The contractor shall also provide all
labour, materials and other facilities as necessary for the proper checking of layout and inspection of the points during
construction.
49.4 Pillars bearing geodetic marks located at the sites of units of works under construction should be protected and
fenced by the contractor.
49.5 On completion of work the contractor must submit the geodetic documents according to which the work was
carried out.
 50.
50.1 RESPONSIBILITY FOR LEVEL AND ALIGNMENT :
The contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment, the level and
correctness of every part of the work and shall rectify effectively any errors or imperfections therein. Such rectifications
shall be carried out by the contractor, at his own cost when instructions are issued to that effect by the Engineer-in-
charge.
50.2 LIGHTING WATCH AND WARD.
The contractor shall in connection with the works provide and maintain at his own cost all lighting guards, fencing and
watch & ward when and where necessary or required by the Engineer-in-charge or his representative (s).
51. MATERIALS TO BE SUPPLIED BY CONTRACTOR (AS PER D.L.I.T)
The contractor shall procure and provide the whole of the materials required for the construction including M.S. rods
cement and other building materials tools, tackles ,construction plant and equipment for the completion and maintenance
of the works except the materials which will be issued by the owner for the transport there of. The owner may give
necessary recommendation to the respective authority if so desired by the contractor, but assumes no further
responsibility of any nature. The owner will insist on the procurement of materials which bear (s) stamp and / or which
are supplied by reputed supplier borne or DGS& D list.
52. STORES SUPPLIED BY THE OWNER
52.1      If the specification of the work provides for the use of any materials of special description to be supplied from
the Owner‟s stores or it is required that the contractor shall use certain stores to be provided by the Engineer-in-charge
such materials and stores and price to the charged there of as here in after mentioned being so far as practicable for the
convenience of the contractor but not so as in way to control the or effect of the contract/the contractor shall be bound to
purchase and shall be supplied such materials and stores as are from time to time required to be used by him for the
purpose of the contract only. The sums due from the contractor for the value of materials supplied by the Owner will be
recovered from the running account bill on the basis of the actual issue of materials. After the completion of the works,
however, the contractor has to account for full quantity of materials supplied to him as per relevant clauses in the
document.


52.2 The value of the stores materials as may be supplied to the contractor by the owner will be debited to the
contractor‟s account at the rates shown in the schedule of materials and if they are not entered in the schedule, they will
be debited at cost price which for the purpose of the contract shall include the cost of carriage and all expenses
whatsoever such as normal stores supervision charges which shall have been incurred in obtaining to the same at the
Owner‟s stores. All materials so supplied to the contractor shall remain the absolute property of the Owner‟s and shall
not be removed on any account from the site of the work and shall be at all times open for inspection to the Engineer-
in-charge. Any such materials remaining unused at the time of completion or termination of the contract shall be
returned to the Owner‟s stores or at a place as directed by the Engineer-in-charge in perfectly good condition at
contractor‟s cost.
53. CONDITIONS FOR ISSUE OF MATERIALS :
          Materials specified as to be issued by the Owner will be supplied to the contractor by the Owner from his stores.
It shall the responsibility of the contractor to take delivery of the materials and arrange for its loading, transport and
unlading at the site of work at his own cost. The materials shall be issued between the working hours and per the rules of
the Owner as framed from time to time. The contractor shall bear all incidental charges for the storage and safe custody
of materials at site after these have been issued to him. Materials specified as “to be issued by the Owner” shall be issued
in stander sizes as obtained from the manufacturers. The contractor shall construct suitable godowns at the site of work
for storing the materials safe against by rain dampness, fire, theft etc. He shall also employ necessary watch and ward
establishment for the purpose.        It shall be duty of the contractor to inspect the materials supplied to him at the time
of taking delivery and satisfy himself that they are in good condition. After the materials have been delivered by the
Owner it shall be the responsibility of the contractor to keep them in good conditions and if the materials are damaged or
lost at any time they shall be repaired and/or replaced by him at his own cost according to the direction of the Engineer-
in-charge. The owner shall not be liable for delay in supply or no supply of any materials which the Owner has
undertaken to supply where such failure or delay is due to natural calamities, act of enemies, transport and procurement
difficulties and any circumstances beyond the control of the Owner. In no case, contractor shall be entitled to claim any
compensation or loss suffered by him on this account. It shall be the responsibility of the contractor to arrange in time all
materials required for the works other than those to be supplied by the Owner. If, however, in the opinion of the
Engineer-in-charge the execution of the work is likely to be delayed due to the contractor‟s inability to make
arrangements for supply of materials which normally he has to arrange for. The Engineer-in-charge shall have the right
at his discretion to issue such materials if available with the Owner or procure the materials from the market or
elsewhere. And the contractor will be bound to take such materials at the rates decided by the Engineer-in-charge. This
however does not in any way absolve to the contractor from responsibility of making arrangements for the supply of
such materials in part or in full should such a situation occur nor shall this constitute a reason for the delay in the
execution of the work..       None of the materials supplied to the contractor will be utilised by the contractor for
manufacturing item which can be obtained as supplied from standard manufacturer in finished form.The contractor shall,
if desired by the Engineer-in-charge be required to execute an indemnity bond in the prescribed form for safe custody and
accounting of all materials issued by the owner.The contractor shall furnish to the Engineer-in-charge sufficiently in
advance a statement showing his requirement of the quantities of the materials to be supplied by the Owner and the time
when the same will be required by him for the works so as to enable the Engineer-in-charge to make necessary
arrangements for procurement and supply of material.A daily account of the materials issued by the Owner shall be
maintained by the contractor indicating the daily receipt, consumption and balance in hand. This account shall be
maintained in a manner prescribed by the Engineer-in-charge along with all connected papers viz, requisitions, issue etc.
and shall be always available for inspection in the contractor‟s office at site. The contractor should see that only the
required quantities of material are got issued. The contractor shall not be entitled to cartage and incidental charges for
returning the surplus materials if any, to the stores where from they were issued to the place as directed by the Engineer-
in-charge. Materials and equipment supplied by owner shall not be utilized for any other purpose (s) than issued for.

54. RETURN OF SURPLUS :
Notwithstanding anything contained to the contract in any or all the clause of this contract where any materials for the
execution of the contract are procured with the assistence of the Owner either by issue from Owner‟s stock or purchases
made under orders or permits or licenses issued by Government, the contractor shall hold the said materials as trustee for
the Owner and use materials economically and solely for the purpose of contract and not dispose them of without the
permission of the Owner and return if required by the Engineer-in-charge all surplus or unserviceable materials that may
be left with him after the completion of the contract or at its termination for any reason whatsoever on his being paid or
credited such price as the Engineer-in-charge shall determine having due regard to the condition of the materials. The
price allowed to the contractor however shall not exceed the amount charged to him excluding the storage chargers, if
any. The decision of the Engineer-in-charge shall be final and concluding in such matters. In the event of breach of the
aforesaid condition the contractor shall in the terms of the licenses or permits and or for criminal breach of trust, be liable
to compensate to the Owner at double rate or any higher in the event of those materials at that time having higher rate or
not being available in the market then any other rate to be determined by the Engineer-in-charge and his decision shall be
final and conclusive.




55. MATERIALS OBTAINED FROM DISMANTLING:
If the contractor in the course of the execution of the work is called upon to dismantle any part for reasons other than
those stipulated in clauses 57 and here under, the materials obtained in the work of dismantling etc. will be considered as
the Owner‟s property and will be disposed of to the best advantage of the Owner.
56. ARTICLES OF VALUE FOUND :
    All gold, silver and other minerals of any description and all precious stones, coins, treasure, relics, antiquities and
other similar things which shall be found, in under or upon the site, shall be the property of the Owner and the
contractor shall duly preserve the same to the satisfaction of the Engineer -in-charge and shall from time to time deliver
the same to such persons indicated by the Owner.
57. INSPECTION OF WORKS :
57.1 The Engineer-in-charge will have full power and authority to inspect the work at any time wherever in progress
either on the site or at the contractor‟s premises, workshop wherever situated, premises workshops of any person firm or
corporation where work in connection with the contract may be in hand or where materials are being or are to be supplied
and the contractor shall afford or procure for the Engineer-in-charge every facility and assistance to carry out such
inspection. The contractor shall, at all time during the usual working hours and at all other times at which reasonable
notice of the intention of the Engineer-in-charge or his representative to visit the works shall have been given to the
contract, either himself be present to receive orders and instructions, or have a responsible agent duly accredited in
writing present for the purpose. Orders given to the contractors agent shall be considered to have the same force as if they
had been given to the contractor himself. The contractor shall give not less than seven days notice in writing to the
Engineer-in-charge before covering up or otherwise placing beyond reach of inspection and measurement of any work in
order that the same may be inspected and measured. In the event of breach of above the same shall be uncovered at
contractors expense for carrying out such measurement or inspection.
57.2 No material shall be dispatched from the contractor‟s stores before obtaining the approval in writing of the
Engineer-in-charge. The contractor is to provide at all times during the progress of the work and the maintenance period
proper means of access with ladders, gangways, etc. and the necessary attendance to move and adopt as directed for
inspection or measurement of the woks by the Engineer-in-charge.

 58. ASSISTANCE TO THE ENGINEER :
    The contractor shall make available to the Engineer-in-charge free of cost all necessary instruments and assistance in
checking of setting out of works and in the checking of any works made by the contractor for the purpose of setting out
and taking measurements of work.
 59.DISCREPANCIES BETWEEN INSTRUCTIONS :
        Should any discrepancy occur between the various instructions furnished to the contractors, his agents or staff or
any doubt arise as to the meaning of any such instructions or should there be any misunderstanding between the
contractor‟s staff and Engineer-in-charge‟s staff, the contractor shall refer the matter immediately in writing to the
Engineer-in-charge whose decisions there on shall be final and conclusive and no claim for losses alleged to have been
caused by such discrepancies between instructions, doubts or misunderstanding shall in any event be admissible.
60. ALTERATIONS IN SPECIFICATION AND DESIGNS AND EXTRA WORKS.
  A. The Engineer-in-charge shall have power to make any alteration in omission from, additions to or substitutions
for the schedule of rates, the original specifications, drawings, designs and instructions that may appear to him to be
necessary or advisable during the progress of the work.
The contractor shall be bound to carry out such altered/extra/new items of work in accordance with any instructions,
which may be given to him in writing signed by the Engineer-in-charge and such alterations, omissions, additions or
substitutions shall not invalidate the contract and any altered, additional or substituted work which the contractor may be
directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same
conditions in all respects on which he agreed to do the main work. The time of completion of work may be extended for
the part of the particular job at the discretion of the Engineer-in-charge for only such alterations, additions or substitution
of the work as he may consider as just and reasonable. The rates for such additional, altered or substituted work under
this clause shall be worked out in accordance with the following provisions:-
a)     If the rates for the additional altered or substituted work are specified in the contract for the work, the contractor is
bound to carry out the additional, altered or substituted wok at the same rates as are specified in the contract.
b)     If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work,
the rates will be derived from the rates for similar class of work as are specified in contract for the work. The opinion of
the Engineer-in-charge, as to whether or not the rates can be reasonably so derived from the items in this contract will be
final and binding on the contractor.
c) If the rates for altered, additional or substituted work cannot be determined in the manner specified in sub-clause (a)
& (b) above, then the contractor shall with in 7 days of the date of receipt of order to carry out the work, inform to the
Engineer-in-charge of the rate which is his intention to charge for such class of work, supported by analysis of the rate or
rates claimed and the Engineer-in-charge shall determine the rate or rates on the basis of the prevailing market rates,
labour cost at schedule of hourly/daily rates plus 10% to cover contractor‟s supervision, overhead and profit and pay the
contractor accordingly. The opinion of the Engineer-in-charge as the current market rates of materials and the quantum
of labours involved pet unit of measurement will be final and binding on the contractor. The Engineer-in-charge will


normally utilize the schedule of hourly/daily rates quoted by the contractor to arrive at the reasonable rate payable for
such work and the above course will be resorted to only if such Schedule of hourly/daily rates in his opinion can not be
applied in arriving at a reasonable rate.
d)     Provisions contained in sub-clause (a) to (c) above shall not, however apply in the following cases :- Where the
value of additions of new items together with the value of alteration, addition/deletions or substitutions exceed by or are
less than plus minus 25% of the value of contract. The item rates in the Schedule of Rates shall hold good for all such
variations between the above mentioned limits.
61. ACTION WHERE NO SPECIFICATION IS ISSUED
In case of any class of work for which there is no such specification supplied by the Owner as is mentioned in the tender
document, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard
Specifications do not cover the same, the work should be carried out as per standard Engineering Practice subject to the
approval of the Engineer-in-charge.
62. ABNORMAL RATES :
The contractor is expected to quote rate for each item after careful analysis of cost involved for the performance of the
completed item considering all specification and conditions of contract. This will avoid loss of profit or gain in case of
curtailment or change of specifications for any item.In case it is noticed that the rates quoted by the tenderer for any item
are unusually high or unusually low it will be sufficient cause for the rejection of the tender unless the Owner is
convinced about the reasonableness of the rates on scrutiny of the analysis for such rate to be furnished by the tender
demand.
63. TESTS FOR QUALITY OF WORKS :
63.1 All materials and workmanship shall be of the respective kinds described in the contract documents and in
accordance with the instructions of the Engineer-in-charge and shall be subjected from time to time to such test at
contractor‟s cost as the Engineer-in-charge may direct at the place
of manufacture or fabrication or on the site or at all or any such places. The contractor shall provide assistance,
instruments, machines, labour and materials as are normally required for examining, measuring and testing any
workmanship as may be selected and required by the Engineer-in-charge .
63.2 All the tests that will be necessary in connection with the execution of the wok as directed by Engineer-in-charge
shall, be carried out at the field testing laboratory of the Owner by paying the charges as decided by the Owner from time
to time. In case of non-availability of testing facilities with the Owner, the required test shall be carried out at the cost of
contractor at Government or any other testing laboratory as directed by Engineer-in-charge.
63.3 If any tests are required to be carried out in connection with the work or materials or workmanship not supplied by
the contractor, such tests shall be carried out by the contractor as per the instruction of Engineer-in-charge and cost of
the such tests shall be reimbursed by the Owner.
64. SAMPLES:
The contractor shall furnish to the Engineer-in-charge for approval when requested or if required by the specifications
adequate samples of all materials and finishes to be used in the work. Such samples shall be submitted before the work is
commenced and in time to permit tests and examinations there of. All materials furnished and finished applied in actual
work shall be fully equal to the approved samples.
65. LIABILITIES FOR DEFECTS, IMPERFECTIONS ETC. AND RECTIFICATIONS THEREOF:
If it shall appear to the Engineer-in-charge that any work has been executed with unsound, imperfect or unskilled
workmanship, or with materials of any inferior description, or that any materials or articles provided by the contractor for
the execution of work are unsound or of quality inferior to that contracted for or otherwise not in accordance with the
contract, the contractor shall on demand in writing from the Engineer-in-charge or his authorized representative
specifying the work, materials or articles complained of notwithstanding that the some may have been inadvertently
passed, certified and paid for, forthwith certify or remove and reconstruct that work so specified and provide other proper
and suitable materials or articles at his own charge and cost, and in the event of failure to do so within a period to be
specified by the Engineer-in-charge in his demand aforesaid, the Engineer-in-charge may on expiry of notice period
rectify or remove and re-execute the work or remove and replace with others, the materials or articles complained of
as the case may be at the risk and expense in all respects of the contractor. The decision of the Engineer-in-charge as to
any question arising under this clause shall be final and conclusive.
66. SUSPENSION OF WORKS :
i)    Subject to the provisions of subpart (ii) of this clause, the contractor shall if ordered in writing by the Engineer-in-
charge or his representative, temporarily suspend the works or any part there of for such period and such time as so
ordered and shall not, after receiving such written orders proceed with the work there in ordered to be suspended until he
shall have received a written order to proceed there with. The contractor shall not be entitled to claim compensation for
any loss or damage sustained by him by reason of temporary suspension of the works aforesaid. An extension of time for
completion corresponding with the delay caused by any such suspension of the works as aforesaid will be granted to the
contractor should he apply for the same provided that the suspension was not consequent to any default or failure on the
part of the contractor.
ii) In case of suspension of entire works ordered in writing by the Engineer-in-charge for a period of more than two
months, the contractor shall have the option to terminate the contract.


67. POSSESSION PRIOR TO COMPLETION :
The Engineer-in-charge shall have the right to take possession of or use any completed or partially completed work or
part of the work. Such possession or use shall not be deemed to be an acceptance of any work completed in accordance
with the contract agreement. If such prior possession or use by the Engineer-in-charge delays the progress of work,
equitable adjustment in the time of completion will be made and the contract agreement shall be modified accordingly.
68.     TWELVE MONTHS PERIOD OF LIABILITY FROM THE DATE OF ISSUE OF COMPLETION
CERTIFICATE :
68.1 The contractor shall guarantee the installation/work for a period of 12 months from the date of issue of completion
certificate. Any damage or defect that may arise or lie undiscovered at the time of issue of completion certificate
connected in any way with equipment or materials supplied by him or in the workmanship shall be rectified by the
contractor at his own expense as deemed necessary by the Engineer-in-charge or in default, the Engineer-in-charge may
cause the same to be made good by other workman and deduct expenses (of which the certificate of Engineer-in-charge
shall be final) from any sums that may be then or at any time thereafter, become due to the contractor or from his security
deposit or the proceeds of sale there of or of a sufficient portion there of.
68.2 If the contractor feels that any variation in work or in quality of materials or proportions would be beneficial or
necessary to fulfill the guarantees called for, he shall bring this in writing to the notice of the Engineer-in-charge.
68.3 CARE OF WORKS :
From the commencement to completion of the works, the contractor shall take full responsibility for the care of all works
including all temporary works and in case any damage, loss or injury shall happen to the works or to any part thereof or
to any temporary works from any cause whatsoever, shall at his own cost repair and make good the same so that at
completion of the work shall be in good order and in conformity in every respect with the requirements of the contract
and the Engineer-in-charge‟s instructions.
68.4 DEFECTS PRIOR TO TAKING OVER:
If at any time before the work is taken over, Engineer-in-charge shall :-a) Decide that any work done or materials used
by the contractor or any sub contractor is defective or not in accordance with the contract or that the woks or any portion
thereof are defective, or do not fulfill the requirements of contract (all such matters being here in after, called “Defects”
in this clause) and (b) as soon as reasonable gives to the contractors notice in writing of the said decision, specifying
particulars or the defects alleged to exist or to have occurred then the contractor shall at his own expense and with all
speed make good the defects so specified. In case contractor shall fail to do so, the Owner may take at the cost of the
contractor, such steps as may in all circumstances be reasonable to make good such defects. The expenditure incurred by
the Owner will be recovered from the amount due to the contractor. The decision of the Engineer-in-charge with regard
to the amount to be recovered from the contractor will be final and binding on the contractor. As soon as the works have
been completed in accordance with the contract (except in minor respects that do not affect their use for the purpose for
which they are intended and except for maintenance there of provided in clause 68.1 of General conditions of Contract )
and have passed the tests on completion, the Engineer-in-charge shall issue a certificate (hereinafter called completion
certificate) in which he shall certify the date on which the works have been so completed and have passed the said tests
and the Owner shall be deemed to have taken over the works on the date so certified. If the works have been divided into
various groups in the contract the Owner shall be entitled to take over any groups before the other or others.
68.5 DEFECTS AFTER TAKING OVER :
In order that the contractor could obtain a completion certificate he shall make with all possible speed good any defect
arising from the defective materials supplied by the contractor or workmanship or any act or omission of the contract or
that may have been noticed or developed after the works or group of the works has been taken over. The period allowed
for carrying out such work will be normally one month. If any defect be not remedied within a reasonable time the
Owner may proceed to do the work at contractor‟s risk expense and deduct from the final bill such amount as may be
decided by the Owner.If by reason of any default on the part of the contractor a completion certificate has not been issued
in respect of every portion of the works within one month after the date fixed by the contract for the completion of the
works the Owner shall be at liberty to use the works or any portion thereof in respect of which a completion certificate
has not been issued, provided that the works of the portion thereof so used as aforesaid shall be afforded reasonable
opportunity for completion of these works, for the issue of completion certificate.



                                                     SECTION – VI
                                           CERTIFICATE AND PAYMENTS
69. SCHEDULE OF RATES AND PAYMENTS :
69.1 CONTRACTOR’S REMUNERATION :
The price to be paid by the Owner to the contractor for the whole of the work to be done and for the performance of all
the obligations undertaken by the contractor under the contract documents shall be ascertained by the application of the
respective schedule of rates (the inclusive nature of which is more particularly defined by way of application but not of
limitation with the succeeding sub-clause of this clause) and payment to be made accordingly to the work actually
executed and approved by the Engineer-in-charge. The sum so ascertained shall (exception only as and to the extent
expressly provided here in) constitute the sole and inclusive of remuneration of the contractor under the contract and no
further other payment whatsoever shall be or become due or payable to the contractor under the contract.


69.2 SCHEDULE OF RATES TO BE INCLUSIVE:
    The price rates quoted by the contractor shall remain firm till the issue of final certificate and shall not be subject to
escalation. Schedule of rates shall be deemed to include and cover all cost expense and liabilities of every description
and all risk of every kind to be taken in executing, completion and handing over the work to the Owner by the
contractor. The contractor shall be deemed to have known the nature, scope, magnitude and the extent of the works and
materials required though        the contract document may not fully and precisely furnish them. He shall make such
provision in the schedule of rates as he may consider necessary to cover the cost of such items of work and materials as
may be reasonable and necessary to complete the works. The opinion of the Engineer-in-charge as to the items of work
which are necessary and reasonable for completion of work shall be final and binding on the contractor, although the
same may not be shown on or described specifically in contract documents. Generality of this present provision shall
not be deemed to cut down or limited in any way because in certain cases it may and in other cases it may not expressly
stated that the contractor shall do or perform a work or supply articles or perform services at his own cost or without
addition of payment or without extra charges or works to the same effect or that it may be stated that the same are
included in and covered by the schedule of rates.
69.3 SCHEDULE OF RATES TO COVER CONSTRUCTIONAL PLANT, MATERIALS LABOUR ETC :
Without in any way limiting the provisions of the preceding sub-clause the schedule of rates shall be deemed to include
and cover the cost of all constructional plant, temporary works (except as provided for herein ) pumps, materials, labour,
insurance, fuel, stores and appliances to be supplied by the contractor and all other matters in connection with each item
in the schedule of quantities and execution of the wok or any portion thereof finished complete in every respect and
maintained as shown or described in the contract documents or as may be ordered in writing during the continuance of
the contract.
69.4 SCHEDULE OF RATES TO COVER ROYALTIES, RENTS AND CLAIMS:
The schedule of rates shall be deemed to include and cover the cost of all royalties and fees for the articles, processes
protected by letters, patent or otherwise incorporated in or use in connection with the works, also all royalties, rents and
other payments in connection with obtaining materials of whatsoever kind for the works and shall include an indemnity
to the Owner which the contractor hereby gives against all actions, proceedings, claims, damages, costs and expenses
arising from the incorporation in or use on the works of any such articles processes or materials. Octroi or other
municipal or local board charges if levied on materials, equipment or machineries to be brought to site for use on the
work, shall be borne by the contractor.
69.5 SCHEDULE OF RATES TO COVER TAXES AND DUTIES:
No exemption or reduction of custom duties, excise duties, sales tax, quay or any port duties, transport charges, stamp
duties or Central or State Government or local body or Municipal taxes or duties, taxes or charges (from or any other
body) whatsoever will be granted or obtained all of which expenses shall be deemed to be included in and covered by the
schedule or rates. The contractor shall also obtain and pay for all permits or other privileges necessary to complete the
work.
69.6 SCHEDULE OF RATES TO COVER RISKS OF DELAY :
 The schedule of rates shall be deemed to include and cover the risks of all possibilities of delay and interferences with
the contractors conduct of work which occur from any cause including orders of the Owner in the exercise of his powers
and on account of extension of time granted due to various reasons and for all other possible or probable cases of delay.
69.7 SCHEDULE OF RATES CAN NOT BE ALTERED
    For work under unit rate basis no alteration will be allowed in the schedule of rates by reason of works or any part of
them being modified, altered, extended, diminished or omitted. The schedule of rates are fully inclusive rates which
have been fixed by the contractor and agreed to by the          Owner and cannot be altered. For lump sum contracts, the
payment will be made according to the work actually carried out, for which purpose an item wise or work wise schedule
of rates shall be furnished, suitable for evaluating the value of work done and preparing running account bills. Lump sum
contracts shall also allow for any increase or decrease in the total quantity of work up to approximately 10% for the
quoted price and the contract value shall be adjusted accordingly.
70. PROCEDURE FOR MEASUREMENT/BILLING OF WORK IN PROGRESS :
70.1 MEASUREMENTS :
          All measurements shall be in metric system. All the works in progress will be jointly measured by the
representative of the Engineer-in-charge and the contractor‟s authorized agents progressively. Such measurements will be
got recorded in the measurement book by the Engineer-in-charge or his authorised representative and signed in token of
acceptance by the contractor or his authorised representative.For the purpose of taking joint measurement, the
contractor‟s representative shall be bound to be present wherever required by the Engineer-in-charge. If, however, he
absents for any reason whatsoever the measurements will be taken by the Engineer-in-charge or his representative and
this will be deemed to be correct and binding on the contractor.
70.2 BILLING
    The contractor will submit a bill in approved proforma in quadruplicates to the Engineer-in-charge of the work giving
abstract and detailed measurement for the various items executed during a month before the expiry of the 1 st week of the
succeeding month. The Engineer-in-charge shall take or cause to taken the requisite measurements for the purpose of
having the same verified and the claim as admissible adjusted if possible before the expiry of 10 days from presentation
of the bill.


70.3 DISPUTE IN MODE OF MEASUREMENT
     In case of any dispute as to the mode of measurement not covered by the contract so adopted for any item of work,
mode of measurement as per latest Indian standard specifications shall be followed.
71. LUMP SUMS IN TENDER
For the item in tender where in includes lump sum in respect of parts of work the contractor shall be entitled to payment
in respect of the items at the same rates as are payable under this contract for such items or if the part of the work in
question is not, in the opinion of the Engineer-in-charge capable of measurement, or determination, the owner may at his
discretion pay the lump sum amount entered in the tender or percentage there of and the certificate in writing of the
Engineer-in-charge shall be final and conclusive against the contractor with regards to any sum or sums payable to him
under the provisions of this clause.
72. RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS ADVANCES
All Running Account Payment shall be regarded as payments by way of advance against the final payment only and not
as payments for work actually done and completed and shall not preclude the requiring of bad, unsound and imperfect or
unskilled work to be removed and taken away and reconstructed or re-directed or be considered as an admission of the
due performance of the contract or any part there of in this respect or of the accruing of any claim by the contractor not
shall it conclude, determine or affect in any way the powers of the Owner under these conditions or any of them as to the
final settlement and adjustments of the accounts or otherwise or in any other way vary or affect the contract. The final
bill shall be submitted by the contractor within one month from the date of physical completion of the work, otherwise,
the Engineer-in-charge‟s certificate of the measurement and of total amount payable for the work accordingly shall be
final and binding on all parties.
73. NOTICE OF CLAIMS FOR ADDITIONAL PAYMENT:
Should be contractor consider that he is entitled to any extra payment or compensation or to make any claims whatsoever
in respect of the works he shall forthwith give notice in writing to the Engineer-in-charge that he claims extra payment
and/or compensation. Such notice shall be given to the Engineer-in-charge within ten days from the ordering of any work
or happening of any event upon which the contractor bases such claims and such notice shall contain full particulars of
the nature of such claims with full details and amount claimed. Failure on the part of the contractor to put forward any
claims with the necessary particulars as above within the time above specified shall be an absolute waiver thereof. No
omission by the Owner to reject any such claim and no delay in dealing there with shall be waiver by the Owner of any
right in respect thereof.
74. PAYMENT OF CONTACTOR’S BILL:
No payment shall be made for works estimated to cost less than Rs. 10,000/- till the whole of the work shall have been
completed and a certificate of completion given, but in case of works estimated cost more than Rs 10,000/- the
contractor, on submitting the bill thereof be entitled
to receive a monthly payment proportionate to the part thereof approved and passed by the Engineer-in-charge whose
certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. This
payment will be made after making necessary deduction as stipulated elsewhere in the contract document for materials,
security deposit etc.Payment due to the contractor shall be made by the Owner by Crossed Account Payee cheque
forwarding the same to registered office or the notified office of the contractor. In no case will Owner be responsible if
the cheque is missed or mislead or misappropriated by unauthorized person or persons. In all case, the contractor shall
present his bill duly pre-receipted on proper revenue stamp. All payment shall be made in Indian currency.
75. RECEIPT FOR PAYMENT :
Receipt for payment made on account of work when executed by a firm, must be signed by a person holding due power
of attorney in this respect on behalf of the contractor, except when the contractors are described in their tender as a
limited company in which case the receipts must be signed in the name of the company by one of its principal officers or
by some other persons having authority to give effectual receipt for the company.
76. COMPLETION CERTIFICATE
76.1 APPLICATION FOR COMPLETION CERTIFICATE
When the contractor fulfils his obligation under clause 68.4 he shall be eligible to apply for completion certificate in
respect of the work by submitting the completion documents along with such application for completion certificate.The
Engineer-in-charge shall normally issue to the contractor the completion certificate within one month after receiving an
application therefore from the contractor after verifying from the completion documents and satisfying himself that the
work has been completed in accordance with and as set out in the construction and erection drawings and the contract
documents. The contractor after obtaining the completion certificate, is eligible to present the final bill for the work
executed by him under the terms of contract.
76.2 COMPLETION CERTIFICATE :
Within one month of the completion of the work in all respects, the contractor, shall be furnished with a certificate by the
Engineer-in-charge of such completion but no completion certificate shall be given nor shall the work be deemed to have
been executed until all scaffolding, surplus materials and rubbish is cleaned of the site completely nor until the work shall
have been measured by the Engineer-in-charge whose measurement shall be binding and conclusive. The work will not
be considered as complete and taken over by the Owner, until all the temporary works, labour and staff colonies etc.
constructed are removed and work site cleaned to the satisfaction of the Engineer-in-charge.If the contractor shall fail to
comply with requirements of this Clause on or before the date fixed for the completion of the work, the Engineer-in-


charge may at the expenses of the contractor remove such scaffolding, surplus materials and rubbish and dispose off the
same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses
so incurred and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any
sum actually realized by the sale thereof.
76.3 : COMPLETION DOCUMENTS
For the purpose of clause 76 the following documents will be deemed to form the completion documents :-
i) The technical documents according to which the work was carried out,
ii) Three sets of construction drawings showing there in the modification and corrections made during the course of
execution signed by the Engineer-in-charge.
iii) Completion certificate for “embedded” and “covered up” works.
iv) Certificate of final levels as set out for various works.
v) Certificates or tests performed for various works.
vi) Materials appropriation statement for the materials issued by the Owner for the work and list of surplus materials
returned to the Owner‟s store duly supported by necessary documents.
77. FINAL DECISION AND FINAL CERTIFICATE
Upon the expiration of the period of in liability and subject to the Engineer-in-charge being satisfied that the works have
been duly maintained by the contractor during monsoon or such period as here in before provided in clause 68.1 and that
the contractor has in all respect duly made up any subsidence and performed all his obligations under the contract, the
Engineer-in-charge shall (without prejudice to the right of the Owner to retain the provision of relevant clause hereof)
otherwise give a certificate herein referred to as the final certificate to that effect and the contractor shall not be
considered to have fulfilled the whole of his obligations under the contract until Final Certificate shall have been given
by the Engineer-in-charge notwithstanding any previous entry upon the work and taking possession, working or using of
the same or any part thereof by the Owner.
78 CERTIFICATE AND PAYMENTS NO EVIDENCE OF COMPLETION :
     Except the final certificate, no other certificates or payment against a certificate or on general account shall be taken
to be an admission by the Owner of the due performance of the contract or any part thereof or of occupancy or validity
of any claim by the contractor.

                                                   SECTION – VII
                                               TAXES AND INSURANCE

79.TAXES, DUTIES, OCTROI ETC. :
The contractor agrees to and does hereby accept full and exclusive ability for the payment of any and all taxes, duties,
octrois techno or hereafter imposed increased or modified, and all the sales taxes, duties, octrois etc. now in force and
hereafter increased, imposed or modified from time to time in respect of works and materials and all contributions and
taxes for unemployment, compensation, insurance and old age pension or annuities now or hereafter imposed by the
Central or State Governmental authorities which are imposed with respect to or covered by the wages, salaries or other
compensations paid to the persons employed by the contractor and the contractor shall be
responsible for the compliance with all obligations and restrictions imposed by the labour law or any other law affecting
employee relationship and the contractor further agrees to comply, and to secure the compliance of all sub-contractors,
with all applicable Central, State, Municipal and local laws and regulations and requirements of any Central, State or
Local Government agency or authority. Contractor further agrees to defend, indemnify and hold harmless from any
liability or penalty which may be imposed by the Central, State or Local authorities by reason of any violation by
contractor or sub-contractor of such laws, regulations or requirements and also from all claims, suits or proceedings that
may be brought against the Owner arising under, growing out of or by reason of the work provided for by this contract by
third party, or by Central or State Government authority or any administrative sub-division thereof.
80 INSURANCE
Contractor shall at his own expense carry and maintain insurance with reputable insurance companies to the satisfaction
of the Owner as follows:
80.1EMPLOYEES STATE INSURANCE ACT :
    The contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations
imposed by the Employees State Insurance Act, 1948 and the contractor further agrees to defend, indemnify and hold
Owner harmless from any liability or penalty which may be imposed by the Central, State or Local Authority by the
reason of any asserted violation by contractor or sub-contractor of the Employee‟s State Insurance Act, 1948 and also
from all claims, suits or proceeding that may be brought against the Owner arising under, growing out of or by reasons
of the work provided for by this contract whether brought by employees of the contractor, by third parties or by Central
or State Government authority or any political sub division thereof.
    The contractor agrees to fill in with the Employees State Insurance Corporation, the Declaration Forms and all forms
which may be required in respect of the contractor‟s or sub-contractor‟s employees, whose aggregate remuneration is Rs
400/- per month or less and who are employed in the work provided for or those covered by ESI from time to time under
 the Agreement. The contractor shall deduct and secure the agreement of the sub-contractor to deduct the employee‟s
 contribution as per the first schedule of the Employees State Insurance Act from wages and affix the employees


 contribution cards at wages payments intervals. The contractor shall remit and secure the agreement of the sub-
 contractor to remit to the State Bank of India Employees State Insurance Corpn. Account, the employees contribution as
 required by the Act. The contractor agrees to maintain all cards and records as required under the Act in respect of
 employees and payments and the contractor shall secure the agreement of the sub-contractor to maintain such records.
 Any expenses incurred for the contributions, contributing or maintaining records shall be to the contractor or sub-
 contractor‟s account. The Owner shall retain such sum as may be necessary from the total contract value until the
 contractor shall furnish satisfactory proof that all contribution as required by the Employees State Insurance Act, 1948,
 has been paid.
 80.2.WORKMAN‟S COMPENSATION AND EMPLOYER‟S LIABILITY INSURANCE :
 Insurance shall be effected for all the contractor‟s employees engaged in the performance of this contract. If any of the
 work is sublet, the contractor shall require the sub-contractor to provide Workman‟s Compensation and Employer‟s
 Liability Insurance for the latter‟s employees if such employees are not covered under contractor‟s Insurance.
 80.3 AND OTHER INSURANCE REQUIRED UNDER LAW OR REGULATIONS OR BY OWNER :
     Contractor shall also carry all other insurance which he may be required under any law or regulation from time to
 time. He shall also carry and maintain any other insurance which may be required by the Owner.
 80.4ACCIDENT OR INJURY TO WORKMEN :
 The Owner shall not be liable for in respect of any damages or compensation payable at law in respect or inconsequence
 of any accident or injury to any workman or other person in the employment of the contractor or any sub-contractor save
 and except an accident or injury resulting from any act or default of the Owner, his agents or servants and the contractor
 shall indemnify and keep indemnified the owner against all such damages and compensation (save and except as
 aforesaid) and against all claims, demands, proceedings, costs, charges, and expense whatsoever in respect or in relation
 thereto.
 80.5 TRANSIT INSURANCE :
      In respect of all items to be transported by the contractor to the site of work, the cost of transit insurance should be
 borne by the contractor and the quoted price shall be inclusive of this cost.
 81 DAMAGE TO PROPERTY :
      Contractor shall be responsible for making good to the satisfaction of the Owner any loss or any damage to all
 structures and properties belonging to the Owner or being not executed or procured or being procured by the Owner or of
 other agencies within the premises of all the work of the Owner, if such loss or damage is due to fault/and or the
 negligence or willful acts or omission of the contractor, his employees, agents, representatives or sub-contractors.
      The contactor shall indemnity and keep the Owner harmless of all claims for damage to property other than Owner‟s
 property arising under or by reason of this agreement if such claims result from the fault and/or negligence or willful acts
 or omission of the contractor, agents, representatives or sub-contractor.

 SECTION – VIII
                                     LABOUR LAWS AND SAFETY REGULATIONS
82 LABOUR LAWS :
 i) No labors below the age of 18 (Eighteen) years shall be employed on the work..
 ii) The contractor shall not pay less than what is provided under law to labourers engaged by him on the work.
 iii) The contractor shall at his expense comply with all labour laws and keep the Owner indemnified in respect there of.
  iv) The contractor shall pay equal wages for men and women in accordance with applicable labour laws.
 83. IMPLEMENTATION OF APPRENTICES ACT 1961:
 The contractor shall comply with provisions of the Apprentices Act, 1961 and rules and orders issued there under from
 time to time. If he fails to do so, his failure will be a breach of the contract and the Engineer-in-charge may, at his
 discretion cancel the contract.The contractor shall also be liable for any pecuniary liability arising of any violation by him
 of the provisions of the Act,
      84 CONTRACTOR TO INDEMNIFY THE OWNER :
 84.1 The contractor shall indemnify the owner and every member officer and employee of the Owner and also the
 Engineer-in-charge and his staff against all action, proceedings, claims, demands, costs and expenses whatsoever arising
 out of or in connection with the matters referred to in clause 81 and elsewhere and all action, proceedings, claims,
 demands, costs and expenses which may be made against the Owner for in respect of or arising out of any failure by the
 contractor in the performance of his obligation under the contract documents. The Owner shall not be liable for or any
 respect of any demand or compensation payable by law in respect or in consequence of any accident or injury to any
 workman or other person in the employment of the contractor or his sub-contractor and contractor shall indemnify and
 keep indemnified the Owner against all such damage and compensation against all claims, damages, proceeding, costs,
 charges and expenses whatsoever in respect thereof or in relation thereto.
 84.2 PAYMENT OF CLAIMS AND DAMAGES :
 Should the Owner have to pay any money in respect of such claims or demands as aforesaid the amount so paid and the
 cost incurred by the Owner shall be charged to and paid by the contractor and the contractor shall not be at liberty to
 dispute or question the right of the Owner to make such payments notwithstanding the same may have been made
 without his consent or authority or in law or otherwise to the contrary.
 84.3 In every case in which by virtue of the provisions of section 12, sub-section (i) of workmen‟s compensation Act,
 1923 or other applicable provisions of Workmen‟s Compensation Act or any other Act, the Owner is obliged to pay

 compensation to a workman employed by the contractor in execution of the works. The Owner will recover from the
 contractor the amount of the compensation so paid, and without prejudice to the right of Owner under section 12, sub-
 section (2) of the said Act Owner shall be at liberty to recover such amount or any part thereof by deducting it from the
 security deposit or from any sum due to the contractor whether under this contract or otherwise. The Owner shall not be
 bound to contest any claim made under section 12, sub section (1) of the said Act, except on the written request of the
 contractor and        upon his giving to the Owner full security for all costs for which the Owner might become liable in
 consequence of contesting such claim.
 85. HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS :
    In respect of all labour directly or indirectly employed in the works for the performance of the contractor‟s part of this
 agreement, the contractor shall comply with or cause to be complied with all the rules and regulations of the local
 sanitary and other authorities or as formed by the Owner from time to time for the protection of health and sanitary
 arrangements for all workers.
 86. SAFETY REGULATIONS :
 86.1 In respect of all labour directly or indirectly employed in the work for the performance of contractor‟s part of this
 agreement the contractor shall at his own expense arrange for all the safety provisions as per safety codes of C.P.W.D,
 Indian Standard Institution, the Electricity Act, the Mines Act, Regulation, Rules and Orders made there under and such
 other acts as applicable.
 86.2 The contractor shall observe and abide by all fire and safety regulation of the Owner. Before starting construction
 work, contractor shall consult with Owner‟s safety engineer or Engineer-in-charge and must make good to the
 satisfaction of the Owner any loss or damage due to fire to any portion of the work done or to be done under this
 agreement or to any of the Owner‟s existing property
 87. ARBITRATION : AS PER DLIT
 All the disputes and difference arising out of or in any way touching or concerning this contract shall be referred to the
 sole arbitration of the Chairman, Hindustan Copper Ltd. Or any office nominated by him in this behalf. No objection
 shall be taken on the ground that the Arbitrator
 so appointed in an employee of the Company and that he has or had to deal with the matters to which the agreement or
 the reference relates or that in the course of his duties he had dealt with or expressed views on all or any of the matters
 covered by the reference. The award of the
 Arbitrator shall be final, conclusive and binding on all parties to the contract.
 In the event of the Arbitrator dying, neglecting or refusing to act, resigning, or being unable to act for any reason or his
 award being set aside by the court for any reason, it shall be lawful for the Chairman, HCL, to appoint another Arbitrator
 in the place of the outgoing Arbitrator in the manner aforesaid .
 The Arbitrator may from time to time with the consent of all the parties to the contract enlarge the time for making the
 award.
 Upon every and any such reference, the assessment, the costs incidental to the reference and award respectively shall be
 in the discretion of the Arbitrator.
 Subject as aforesaid the Arbitration and conciliation Act 1996 and the rules there under and any statutory modifications
 there of for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.
 The venue of the arbitration shall be the place as the arbitrator at his discretion may determine

 88. JURISDICTION & GOVERNING LAWS :
a) JURISDICTION :
 For all disputes arising out this contract, the jurisdiction shall lie with the court in Balaghat District in the State of
 Madhya Pradesh (India) only.
 b)GOVERNING LAWS :
 The contract shall be governed by and constructed according to the laws in force in INDIA.

                                                      SECTION – IX
                                                      SAFETY CODE
 89. GENERAL:

 Contractor shall adhere to safe construction practice and guard against hazardous and unsafe working conditions and
 shall comply with Owner‟s safety rules as set forth herein. Prior to start of construction, contractor will be furnished
 copies of Owner “Safety Code” for information and guidance if it has been prepared.
 90. FIRST AID AND INDUSTRIAL INJURIES:
 1) Contractor shall maintain first aid facilities for his employees and those of his sub- contractors.
 2) Contractor shall make outside arrangements for his ambulance service and for the treatment of Industrial injuries.
   Names of those providing these services shall be furnished to Owner prior to start of constructions and their telephone
   number shall be prominently posted in contractor‟s field office.
 3) All critical industrial injuries shall be reported promptly to Owner, and a copy of contractor‟s report covering each
 personal injury requiring the attention of a physician shall be furnished to the Owner.
 91. GENERAL RULE:
Smoking within the Battery Area, tank farm or dock limits is strictly prohibited. Violators of the no smoking rules shall
be discharged immediately.
92. CONTRACTOR‟S BARRICADES:
1) Contractor shall erect and maintain barricades required in connection with his operation, guard
       or protect -
       a) Excavations,
       b) Hoisting Areas
       c) Areas adjudged hazardous by Contractor‟s or Owner‟s inspectors,
       d) Owner‟s existing property subject to damage by Contractor‟s operations
       e) Rail road unloading spots.
2) Contractor‟s employees and those of his sub-contractors shall become acquainted with
     Owner‟s barricading practice and shall respect the provisions thereof.
3) Barricades and hazardous areas adjacent to but not located in normal routes of travel shall
     marked by red flasher lanterns at nights.
 93. SCAFFOLDING :
      I) Suitable scaffoldings should be provided for workmen for all works that cannot safely be done from the ground
or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an
extra Mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable
footholds and handholds shall be provided on the ladder and the ladder shall be given declination not steeper than 1 in 4
  (1 horizontal and 4 vertical)
   II)     Scaffolding or staging more than 4 meters above the ground or floor swing or suspended from an overhead
support or erected with stationary support shall have a guard rail properly attached, braced and otherwise rewarded at
least 3 m. high above the floor or platform of such scaffolding or staging and extending along with entire length of the
outside and end ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding
or staging shall be so fastened as to prevent it from swaying from the building or structure.
III)    Working platform, gangways and stairways should be so constructed that they should not sag unduly or unequally
and if the height of the platform of gangway or the stairway is more than 4 meters above ground level or floor level,
they should be closely boarded and should have adequate width and should be suitably fastened as described in (ii)
above.
IV) Every opening in the floor of a building or in working platform be provided with suitable means to prevent the fall
of persons or materials by providing suitable fencing or railing whose minimum height shall be 1 meter. Safe means of
access shall be provided to all working platforms and other working places. Every ladder shall be securely fixed. No
portable single ladder shall be over 9 meters in length while the width between the side rails shall in no case be less than
30 cms for ladders up to and including 3 meters in length. For longer ladder this width should be increased atleast 5
cms. for each additional foot of length. Uniform steps spacing shall not exceed 30cms.Adequate precautions shall be
taken to prevent danger from electrical equipment. No materials on any of the so as sites of work shall be so stacked or
placed so as to cause danger or inconvenience to any person or public. The contractor shall also provide all necessary
fencing and lights to protect the workers and staff accidents, and shall be bound to bear the expenses of defense of every
suit, action or other proceedings of law that may be brought by any person for injury sustained owing to neglect of the
above precautions and to pay any damages and cost which may be awarded in any such suit or action or proceeding to
any such person or which may with the consent of the contractor to be paid to compromise any claim by any such
person.
94. EXCAVATION AND TRENCHING :
All trenches 1.2 meters or more in depth, shall at times be supplied with at least one ladder for each 50 m length or
fraction thereof. Ladder shall be extended from bottom of the trench to at least 1 meter above the surface of the ground.
The sides of the trenches which are 1.5 meters in depth shall be stepped back to give suitable slope, or securely held by
timber bracing so as to avoid the danger of sides to collapse. The excavated material shall not be placed within 1.5 meters
of the edge of the trench or half of trench width whichever is more. Cutting shall be done from top to bottom. Under no
circumstances undermining or undercutting be done.
 95. DEMOLITION
I) Before any demolition work is commenced and also during the process of the work -
a) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
b)No electric cable or apparatus which is liable to be source of danger shall remain                    electrically charged
c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or flooding. No
floor, roof or other part of the building shall be so overloaded with debris or materials as to tender it unsafe.
II) All necessary personal safety equipment as considered adequate by the Engineer-in-charge should be kept available
for the use of the person employed on the site and maintained in condition suitable for immediate use, and the contractor
should take adequate steps to ensure proper use of equipment by those concerned -
a)         Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided with protective
footwear and protective gloves.
b)         Those engaged in white washing and mixing or stacking of cement bags or any materials which are injurious to
the eyes shall be provided with protective goggles.
c) Those engaged in welding and cutting work, shall be provided with protective face and eye shields and gloves etc.
d) Stone breakers shall be provided with protective goggles and protective clothing, and seated at sufficient safe intervals
e) When workers are employed in sewers and manholes which are in use the contractor shall ensure that the manhole
covers are opened and are ventilated at least for an hour before the workers are allowed to get into the manholes and the
manholes so opened shall be cordoned off with suitable railing and provided with warning or board to prevent accident
to the public.
f) The contractor shall not employ men below the age of 18 years and women on the work of painting with products
containing lead in any form. Wherever men above the age of 18 years are employed on the work of lead paiting, the
following precautions should be taken :-
 1) No paint containing lead or lead product shall be used except in the form of paste or readymade paint.
 2) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a surface
having lead paint dry rubbed and scrapped.
 3) Overalls shall be supplied by the contractor to the workmen and adequate facilities all be provided to enable the
working painters to wash them on cessation to work.
III) When the work is done near any place where there is a risk of drowning, all necessary safety equipments shall be
provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate
provision should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the
work.
 IV) Use of hoisting machines and tackles including their attachments, anchorage and supports shall confirm to the
following standard or conditions :-
a) These shall be of good mechanical construction, sound materials and adequate strength and free from patent defect
and shall be kept in good working order.
b) Every rope used in hoisting or lowering materials or as means of suspension shall be of durable quality and adequate
strength and free from patent defects.
 c) Every crane driver or hoisting appliance operator shall be properly qualified and no person under the age of 21 years
should be in charge of any hoisting machine including any scaffolding winch or give signals to the operator.
d) In case of every hoisting and of every chain ring hook, shackle swivel and pulley block used in hoisting or lowering
or as means of suspension, the safe working load shall be ascertained by adequate means. Every hoisting mean and all
gear referred to above shall be plainly marked with the safe working load and the condition under which it is applicable
shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond
the safe working load except for the purpose of testing.
e) In case of departmental machine the safe working load shall be notified by the Engineer-in-charge. As regards
contractor‟s machines the contractor shall notify the safe working load of the machine to the Engineer-in-charge
whenever he brings any machinery to site of work and get it verified by the Engineer-in-charge.
V)     Motors gearing, transmission, electric wiring and other dangerous parts of hoisting appliance should be provided
with efficient fe-guards. Hoisting appliances should be provided with such means as to reduce to the minimum the
accidental descent of the load, adequate precautions should be taken to reduce to the minimum the risk of any part or any
part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which
are already energised, insulating mats, wearing apparel such as gloves, sleeves, and boots as may be necessary should be
provided. The workers shall not wear any rings, watches and carry keys or other materials which are good conductors of
electricity.
  VI All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe conditions
and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be
provided at or near places of work.
  VII. These safety provision should be brought to the notice of all concerned by displaying on a notice board at a
prominent place at the work spot. The person responsible for compliance of the safety code shall be named therein by the
contractor.
  VIII To ensure effective enforcement of the rules and regulations relating to safety precautions, the arrangements made
by the contractor shall be open to inspection by the welfare officer,Engineer-in-charge or safety engineer of the
administration or their representatives.
  IX      These do not exempt the contractor from the operations of any other act or rules in force in the Republic of
India.he works throughout including any temporary works shall be carried out in such a manner as not to interfere in any
whatsoever with the traffic on any roads or footpath at the site or in vicinity there to or any existing whether the property
of the Administration or of a third party.In addition to the above, the contractor shall abide by the safety code provision
as per C.P.W.D. Safety Code and Indian Standard Safety Code formed from time to time.
                                               SECTION –X
                        A-PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT
                                 (On non-judicial paper of appropriate value)
To,
Hindustan copper limited
Malanjkhand Copper project
P.O. Malanjkhand
Distt. Balaghat, Madhya Pradesh 481 116

Dear Sir (s)
M//s         …………………………………….                         ,upon      being       awarded       the       work       of
………………………………………………………………………….. for Hindustan Copper Limited at Malanjkhand
Copper Project under tender/LOI No. ……………………………………. Dated …………………………………….
approached us with the request to furnish Hindustan Copper Limited at Malanjkhand Copper Project a Bank Guarantee
for Rs. ……………………………………. Only …………………………. towards security deposit. At their request and
in consideration of the promises we ……………………………………. (Scheduled Commercial Bank) a Banking
company within the meaning of the Indian Companies Act, 1913, having its Head Office at
……………………………………. and one of its Branch Office at …………… …… , have agreed to give guarantee as
hereinafter mentioned.

We ……………………………………. hereby agree and undertake that if in your opinion any default is made by the
said M/s. ……………………………………. in performing any of the terms and/or
conditions of the agreement or if in your opinion he commits any breach of agreement or there is any demand by you
against the said M/s. ……………………………………. Then on notice to us by you we shall on demand without demur
and without reference to the said M/s. …………………………………….immediately pay to you, in any manner in
which you may direct, the said amount of Rs. ………………… only (Rupees ……………………………………. only)
or such portion thereof as may be demanded by you not exceeding the said sum and as you may from time to time
require.     Our liability to pay is not dependent or conditional on your            proceeding against the said
M/s………………………. and we shall be liable to the pay the aforesaid amount as and when demanded by you merely
on a claim being raised by you and before any legal proceedings are taken against the said M/s.
…………………………………….

You will have full liberty without reference to us and without affecting this guarantee, postpone for any time or from
time to time the exercise of any of the powers and rights conferred on you under the contract with the said
……………………………………. and to enforce or to forbear from endorsing any power or rights or by reason of time
being given to the said ……………………………………. which under law relating to sureties would but for the
provision have the effect of releasing us.
Your       right   to     recover    the     said    sum      of Rs.    …………………………………….                        (Rupees
…………………………………….only) from us in manner aforesaid will not be affected or suspended by reason of the
fact that any dispute or disputes have been raised by the said
M/s.…………………………………… and/or that any dispute or disputes are pending before any officer, tribunal or
court.

Our guarantee herein contained shall not be determined or affected by the liquidation or winding up of dissolution or
change of constitution or insolvency of the said M/s……………………………………. but shall in all respects and for
all purposes be binding and operative until payment of all money due to you in respect of such liability or liabilities.
Our liability under this guarantee is restricted to Rs. ……………………………………. only (Rupees
……………………………………. only). Our guarantee shall be valid upto


……………………………………. and we are liable to pay the guaranteed amount or any part thereof under the Bank
Guarantee only and only if you serve upon us a claim or demand or a suit/action to enforce a claim under guarantee is
filed against us on or before ……………………………………..

We have power to issue this guarantee in your favour under memorandum and Articles of Association and the
undersigned has full power to do under the power of attorney dated ……………………………………., granted to him
by the Bank.

Your faithfully,


(Signature of a person duly authorised to sign on behalf of the Bank)
B-PROFORMA OF AGREEMENT

CONTRACT AGREEMENT FOR THE WORK OF_________________
DATED____________(Two thousand and _________)
between M/s ___________________in the
town of ___________________hereinafter called the “contractor” (which term shall unless excluded by or repugnant to
the subject or context include its successors and permitted assignees) of the one part and the Hindustan Copper Ltd.
hereinafter called the “Owner”(which term shall, unless excluded by or repugnant to the subject or context include its
successors and assignees) of the other part.
WHEREAS :
A. The owner being desirous of having provided and executed certain works mentioned enumerated of referred to in
the tender documents including Short Tender Notice, General Tender Notice, General Conditions of Contract, Special
Conditions of the Contract, Specifications, Drawings, Plans, Time schedule of Completion of jobs, Agreed Variations,
other documents has called for tender.
B.      The contractor has inspected the site and surroundings of the work specified in the tender documents and has
satisfied himself by careful examination before submitting the tender as to the nature of the surface strata, soil, sub-soil
and ground, the form and nature of site and local conditions the quantities, nature and magnitude of the work, the
availability of labour and materials necessary for the execution of work, the means of access to site, the supply of power
and water thereto and the accommodation he may require and has made local and independent
inquiries and obtained complete information as to the matters and things referred to or implied in the tender documents
or having any connection therewith, and has considered the nature and extent of all probable and possible situations,
delays, hindrances or interferences to or with the
execution and completion of the work to be carried out under the contract and has examined and considered all other
matters, conditions and things and probable and possible contingencies and generally all matters incidental there to and
ancillary there of affecting the execution and completion of work and which might have influenced him in making his
tender.
C. The Notice Inviting Tender, General Conditions of Contract, Special Conditions of Contract, General Obligations,
Specifications Drawings, Plans, Time Schedule of Completion of jobs, Letter of Acceptance of tender and any statement
of agreed variations with its enclosures copies for which are here to annexed from part of this contract though separately
set out here in and are included in the expression “CONTRACT” wherever herein used
      AND WHEREAS
The Owner accepted the Tender of the Contract for the provision and the execution of the said work at the rates stated in
the Schedule of Quantities of works and finally approved by Owner (herein after called the “schedule of Rates”) upon
the terms and subject to conditions
of contract :-
      NOW THIS AGREEMENT WITNESSES AND IT IS HEREBY
      AGREED AND DECLARED AS FOLLOWS :-
      1. In consideration of the payment to be made of the contractor for the work to be executed by him, the contractor
hereby covenants with the Owner that the contractor shall and will duly provide, execute and complete the said works
and shall do and perform all other acts and things in the contract mentioned or described or which are to be implied there
from or may be reasonably necessary for the completion of the said works and at the said times and in the manner subject
to the terms and conditions or stipulations mentioned in the contract.
      2. In consideration of the due provision execution of the said work the Owner does hereby agree with the
contractor that the Owner will pay to the contractor the respective amount for the
      3. work actually done by him and approved by the Owner at the Schedule Rates and such other sum payable to the
contractor under provision of Contract such payment to be made at such time and in such manner as provided for in the
contract.
AND
      4. In consideration of the due provision execution and completion of the said works the contractor does hereby
agree to pay such sum as may be due to the Owner for the services rendered by the Owner to the contractor, such as
power supply, water supply and others as set for in the said contract and such other sums as may become payable to the
Owner towards the controlled items of consumable materials or towards loss, damage to the Owner‟s equipment,
materials construction plant any machinery, such payments to be made at such time and in such manner as is provided in
the contract.
It is specifically and distinctly understood and agreed between the Owner and the contractor that the contractor shall have
no right, title or interest in the site made available by the Owner for execution of the works or in the building, structures
or works executed on the said site by the contractor or in the goods, articles, materials etc. brought on the said site (unless
the same specifically belongs to the contactor) and the contractor shall not have or deemed to have any lien whatsoever
charge for unpaid bills nor will be entitled to assume or retain possession or control of the site or structure and the Owner
shall have an absolute and unfettered right to take full possession of the site and to remove the contractor, his servants,
agents and material belonging to the contractor and lying on the site.
The contractor shall be allowed to enter upon the site for execution of the works only as a licensed similiciter and shall
not have any claim, right, title or interest in the site or the structures erected thereon and the Owner shall be entitled such
license at any time without assigning any reason.

The materials including sand, gravel, stone, loose earth, rock etc. dug up or excavated from the said site shall unless
otherwise expressly agreed under this contract, exclusively belong to the Owner and the contractor shall have no right to
claim over the same and such excavations and
materials should be disposed of on account of the Owner according to the instructions in writing issued from time to time
by the Engineer-in-charge.
In witness where of the parties have executed these presents in the day and the year first above written.




Signed and delivered for                          signed and delivered
and on behalf of Owner of                    and on behalf of contractor
Hindustan Copper limited

_________________                             ___________________
_________________                             ___________________

DATE__________                                     DATE__________

PLACE__________                                    PLACE_________



                        In presence of two witness.


    1.____________________                      1.________________
    ______________________                       _________________

    2.____________________                     2.________________
    _____________________                      _________________

								
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