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BHARAT SANCHAR NIGAM LIMITED

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                                 BHARAT SANCHAR NIGAM LIMITED
                                     (A Govt. of India Enterprise)
                     % Sub Divisional Engineer (E), BSNL Electrical Sub Division,
            A- 11, P & T staff Quarters, M.G. Road , Near Benz Circle, Vijayawada-520010.
                                Ph: 0866-2483434, 2491166, 9490188311.

Lr No: N-2/BSNL/ESDV/2011/290                                         dated.        17/08/2011.

                              NIT    No:   22 /SD/BSNL/EDV/2011-12
                                      SHORT TENDER NOTICE

The Sub - Divisional Engineer (E), BSNL, Electrical Sub-Division, Vijayawada – 520 010 invites on behalf
of the Chairman, BSNL sealed item rate tenders for the following work from enlisted contractors of BSNL of
appropriate class.

  S.                      Name of work                         Amount Put           EMD          Tender     Time
  No                                                            to Tender           Rs.           Cost     allowed
                                                                   Rs.                             Rs.
   1    Extension of Power supply to 100M RCC Tower
        from MBM panels in TE compound at
        Machilipatnam.( For disconnection of existing LT
        Service connection)                                      16,547/-           331/-        172/-     1 Month
   2    Restoration of 160KVA EA set No.II at MBM TE
        building VUYYURU.(Heavy smoke from Engine,
        high fuel consumption & radiator water leakage)          25,500/-           510/-        172/-     1 Month
   3    Shifting & Installation of 15KVA EA set &
        Extension of power supply from existing TE
        building at OD- BTS site at Chinnagollapalem.            23,156/-           463/-        172/-     1 Month


  Last date of receipt of application                                               24/08/2011       16.00 Hrs
  Last date of sale of tender documents                                             24/08/2011       16.00Hrs
  Last date of submission                                                           25/08/2011       15.00 Hrs
  Date of opening                                                                 25/08/2011 15.30 Hrs
  The Contractor shall submit and confirm
1 Valid “ Charted Accountant certificate “, Valid Electrical License and Registration Certificate with
  attested copies as applicable along with application on their printed letter heads for purchase of Tender.

2 List of works completed of the requisite magnitude along with attested copies of certificate, testimonials of
  their satisfactory completion from the copies of Certificate, testimonials of their satisfactory completion from
  the Department concerned obtained from an Officer not below the rank of Executive Engineer.
                                                                               st           nd
3 The tenderer shall submit the tenders in 2 sealed covers marked as 1 and 2 . Both cover should be
  separate and they should not be enclosed in a common 3 rd cover. The first cover should contain the
  earnest money deposit in the shape of Demand Draft / Bank Guarantee / Pay Order of a schedule Bank of
  Nationalized Bank / State Bank guaranteed by Reserve Bank of India drawn in favour of Accounts Officer
  (Electrical), BSNL Electrical Division Vijayawada and the second cover should contain the tender
  documents. In case 1st cover is not annexed or Earnest Money is not in proper form, the 2 nd cover
  containing tenders will not be opened at all. In case holiday is declared on the opening day, the tenders will
  be opened on the next working day.

4 The blank application form & blank tender document (with conditions, schedule etc complete) can be
  downloaded from the website www.ap.bsnl.co.in The tenderer who submit the tender after down loading
  from website have to submit eligibility conditions & tender fee in the shape of Demand Draft / Bank
  Guarantee / Pay Order of a Schedule Bank of Nationalized Bank / State Bank guaranteed by Reserve Bank
  of India in favour of the Accounts Officer (Electrical), BSNL Electrical Division Vijayawada in a separate
                                                                                                         st    nd
  envelope super scribed as “Tender Fee & eligibility conditions”. Other envelopes are marked as 1 & 2 as
  above. During tender opening envelopes of tender fee & eligibility condition will be opened first, if tender
  fee is not in order or agency does not fulfill eligibility conditions as per NIT, envelope super scribed as 1 & 2
  will not be opened at all. Tender Fee once submitted will not be refunded. Eligibility of agency shall be
  checked only on the basis of documents given in envelope “Tender Fee & Eligibility Conditions”. No
  additional document will be entertained during tender opening.
                                                                                                            2
5 The tenderers who do not want to download from Web site can also obtain the conditions and tender
  documents from the office of The Sub Divisional Engineer (Electrical),BSNL Electrical Sub Division,
  A- 11, P & T staff Quarters, M.G. Road , Near Benz Circle, Vijayawada-520010 up to 16.00 Hrs. with in
  the stipulated time as mentioned above on all working days on payment of Rs.172/- (non-refundable) per
  set by Cash / DD drawn in favour of Accounts Officer (Electrical), BSNL Electrical Division
  Vijayawada

6 INSTRUCTIONS FOR TENDERERS USING DOWNLOADED TENDER DOCUMENT FROM WEB : The
  down-loaded “tender document” in which rates are quoted should be properly bound and sealed. The
  loose / spiral bound tenders shall be rejected out-rightly. In case of any correction / addition / alteration /
  omission in the tender document, it shall be treated as non-responsive and shall be rejected. Every page of
  down-loaded tender shall be signed by tenderer with stamp (seal). The tenderer shall furnish a
  declaration to this effect that no addition/ deletion/corrections have been made in the tender document
  submitted and it is identical to the tender document appearing on Web-site etc. The printout should be
  taken on suitable paper only. The tenderer should also carefully read the important instructions to
  tenderers who have down loaded the tender document from web given in the tender document before
  submitting the tenders.

  The tenders received through POST / COURIER shall not be entertained
  Conditional Tenders or Tenders with conditional rebate shall be summarily rejected


                                                                  Sub Divisional Engineer (E)
                                                                  BSNL Electrical Sub division
                                                                      Vijayawada- 520010

Copy to:
1   The Superintending Engineer, BSNL Electrical Circle, Vijayawada/ Hyderabad
2   The General Manager, Telecom District, Vijayawada
3   the Executive Engineer, BSNL Electrical Division, Tirupathi/ Hyderabad/ Visakhapatnam
4   The Executive Engineer, BSNL Civil Division, Vijayawada/ Visakhapatnam.
5   The Sub-Divisional Engineer, BSNL Electrical Sub-Division, Vijayawada / Guntur/ Khammam/Eluru
6   All Eligible contractors
7   The ASW/ AO/Cashier/HC/Notice Board
8   Web site www.ap.bsnl.co.in



                                                                  Sub Divisional Engineer (E)
                                                                                                    3



                                  APPLICATION FOR
                            PARTICIPATION OF TENDER IN
                      BSNL ELECTRICAL SUB DIVISION,VIJAYAWADA.
To:
The Sub Divisional Engineer (E)
B.S.N.L. Electrical Sub Division
Vijayawada– 520010


Sir,
          SUB: Request for issue of Tender Documents for the work of
                                                                                         -Reg.

          Ref: Your NIT Dated ________________________ Published in
                     _________________________ On ________________________

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

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

                AUTHORITY                       CLASS                  TENDERING LIMIT




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

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

          Sl.         Name of work            Amount of         Date of       Issuing authority
          No.                                 work done       completion
                                                                                                              4



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

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




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

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

    g) The declaration as required to be given by the tenderer in respect of para ' 19 '
       PWD - 6 is also enclosed in the required format ( … nos).

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

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

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



                                                                                             Yours faithfully,
Dated : ……………


                                                                                        (CONTRACTOR)
                                                                                    (SIGN. WITH SEAL)

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

E-MAIL           . . . . . . . . . . . . . .. .             ADDRESS:     . . . . . . . . . . .. . . . . .
                                                                                            5


                                  DECLARATION

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



Name of Work :

        I   ………………………………. …… ………………………………… s/o Shri
……………… ………………. ………………… ……………. resident of ………………………
…………… ………………. hereby certify that none of my relative(s) as defined in Para
„19‟ of PWD – 6 )is / are employed in BSNL Electrical Zone, Andhra Pradesh.


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




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


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


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

It is to certify that

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

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

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

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

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

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

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

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

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

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

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

Dated ………………………                                          (CONTRACTOR)
                                                         (SIGN WITH SEAL)
                                                   7




                BHARAT SANCHAR NIGAM LIMITED
                    (A Govt of India Enterprise)




                      TENDER DOCUMENT

                       FOR THE WORK OF


Name Of Work:




                BSNL ELECTRICAL SUB DIVISION,
                        VIJAYAWADA
                                                                                          8
NAME OF TENDERER:                   ……………………………………….


NAME OF WORK :

                                        INDEX


   SL.                                                                     PAGES
                                     DETAILS
   NO.                                                                  FROM TO
      a)   Cover Page                                                      7        7
      b)   Index                                                           8        8
      c)   Important instructions to all tenderers                         9        9
           Important instructions to tenderers who have downloaded
      d)                                                                  10        10
           the tender document from web
           Declaration (to be given by tenderers who have downloaded
      e)                                                                  11        11
           the tender document from web)
      f) 1 PWD-6                                                          12        16
      g)   Performa of Schedules                                          17        20
      h)   General Rules and Conditions                                   21        25
      i)   Conditions of Contract                                         26        31
      j)   Model Form for Bank Guarantee                                  32        32
      k)   Important Note for Contractors                                 33        33
      l)   Specification for the work                                     34        34
      m) List of approved makes                                           35        35
      n)   Schedule of Quantities                                         36        40
           Item Rate tender and conditions of contract (Form CPWD 8)
      o)                                                                  41        100
           along with amendments.( to be downloaded separately)

This N.I.T. / agreement contains 100 (One hundred only) pages marked as 1 to 100.




                                               Sub Divisional Engineer (E)
                                               BSNL Electrical Sub Division,
                                               Vijayawada – 520010.
                                                                                          9

              IMPORTANT INSTRUCTIONS TO ALL TENDERERS

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

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

02.    The tenderers who have downloaded the tender document from the web should
read the important instructions & declaration given in tender documents carefully before
submitting the tenders.

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


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


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


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


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




  CONTRACTOR                                        Sub Divisional Engineer (E)
                                                                                        10
IMPORTANT INSTRUCTIONS TO TENDERERS WHO HAVE DOWNLOADED
              THE TENDER DOCUMENT FROM WEB

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

   1. The tenderer should see carefully & ensure that the complete tender document
      including schedule of quantities for the corresponding work only has been down
      loaded and no page is left out

   2. The printout of tender document should be taken on A4 size paper only & the
      printer settings etc are such that document is printed as appearing in the web
      & there is no change in formatting, number of pages etc.

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

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

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


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

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

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

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

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

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

   12. In case of any doubt in the down loaded tender, the same should be got clarified
       from the O/o. SUB DIVISIONAL ENGINEER (ELECTRICAL), VIJAYAWADA
       (Tel.No. 0866 2483434, 9490188311) before submitting the tender.
                                                                                        11

                            DECLARATION
    (TO BE GIVEN BY THE TENDERERS WHO HAVE DOWNLOADED THE TENDER
                         DOCUMENT FROM THE WEB)
It is to certify that

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

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

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

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

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

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

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

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

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

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

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

Dated ………………………
                                                  (CONTRACTOR SIGN WITH SEAL )
                                                                                          12
                          BHARAT SANCHAR NIGAM LIMITED
                               (A Govt of India Enterprise)

                                 NOTICE INVITING TENDER

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

           WORK DETAILS


(a)    Name Of Work :


(b)    SUB DIVISION: BSNL Electrical Sub Division, Vijayawada

(c)    ESTIMATED COST:

(d)    EMD: -

(e)    Time:

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

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

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

            1.1 The work is estimated to cost Rs.            / - . This estimate, however, is
            given merely as a rough guide.

            1.2 Tenders will be issued to eligible contractors satisfying under mentioned
            eligibility condition.

Eligibility Criteria: -

A) Financial Norms:

The contractor shall be enlisted contractors of BSNL of appropriate class .

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

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

 2. Agreement shall be drawn with the successful tenderer on prescribed Form No.
                                                                                          13
       CPWD 8, which is available as Government of India Publication and for down
load
       along with this tender document. Tenderer shall quote his rates as per various terms
       and conditions of the said form, which will form part of the agreement.

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

4.     The site for the work shall be made available.

5.     Receipt of applications for issue of forms will be stopped by 16.00 Hrs. two days
       before the date fixed for opening of tenders. Issue of tender forms will be stopped
       one day before the date fixed for opening of tenders.

6. Tender documents consisting of plans, specifications, the schedule of quantities of
   the various classes of works to be done and the set of terms and conditions of
   contract to be complied with by the contractor whose tender may be accepted and
   other necessary documents can be seen in the office of Sub divisional Engineer
   (Electrical), BSNL Electrical Sub Division, A- 11, P & T staff Quarters, M.G. Road ,
   Near Benz Circle, Vijayawada-520010 between hours of 11.00 AM and 04.00 P.M.
   everyday except on Sundays and Public Holidays. Tender documents, will be
   issued from his office, during the hours specified above, on payment of Rs.172.00
   (Non-refundable) in cash.

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

8. Tenders, which should always be placed in sealed envelope, with the name of work
   and due date written on the envelopes, will be received by Sub Divisional Engineer
   (Electrical), BSNL Electrical Sub Division, A- 11, P & T staff Quarters, M.G. Road ,
   Near Benz Circle, Vijayawada-520010 up to 03.00 P.M. On date mentioned in the
   tender document and will be opened by him or his authorized representative in his
   office on the same day at 03.30 P.M.

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

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

8.2 The tender and the earnest money shall be placed in separate sealed envelopes each
    marked 'Tender' and 'Earnest Money' respectively. Both the envelopes shall be
                                                                                           14
   submitted together in another sealed envelope. The envelope marked "Tender” of
   only those tenderers shall be opened; whose earnest money placed in the other
   envelope is found to be in order.

9. The description of the work is as follows: -
   Copies of other drawings and documents pertaining to the works will be open for
   inspection by the tenderers at the office of the above mentioned officer.

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

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

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

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

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

13. The contractor shall not be permitted to tender for works in the
    Telecommunication/Postal (responsible for award and execution of contracts) in
    which his near relative is posted as Divisional Accountant or as an officer in any
    capacity between the grades of Superintending Engineer and. Junior Engineer (both
    inclusive). He shall also intimate the names of persons who are working with him in
    any capacity or are subsequently employed by him and who are near relatives to any
    gazetted officer in the BSNL or in the Ministry of Communication. Any breach of
    this condition by the contractor would render him liable to be removed from the
    approved list of contractors of this Department.
                                                                                            15

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

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

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

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

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

19. However, pursuant to the constitution (forty-sixth amendment) act, 1982, if any
    further tax or levy is imposed by statute, after the date of receipt of tenders, and the
    contractors thereupon necessarily and properly pays such taxes/ levies, the
    contractor shall be reimbursed the amount so paid, provided such payment, if any, is
    not. In the opinion of superintending engineer (whose decision shall be final and
    binding) attributable to delay in execution of work within the control of contractor.
                                                                                       16

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

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

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

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

                                               Signature of Divisional Officer/ Sub-
                                               Divisional Officer
                                               …………………………………
                                               For and on behalf of BSNL
                                                                                         17

                                  Proforma of Schedules
         (Operative Schedules to be supplied separately to each intending tenderer)
SCHEDULE 'A'

Schedule of quantities : Appended from page        36 to 40

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

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

                                      NIL
SCHEDULE 'C'

Tools and plants to be hired to the contractor
               Sr.                     Hire
              No. Descriptio          charges            Place of Issue
                       n of item
                                      per day
                   1        2            3                      4

                                             NIL


SCHEDULE 'D'

Extra schedule for specific requirements/ document for the work, if any.
   I. Important Note for Contractors: Appended
   II.Copy of Memo no. 5-1-12-EW/94 dt. 26/9/1996, Annexure – I (model form of Bank
      Guarantee): Appended from page 32.
   III. Amendment in CPWD 8 : Appended on page 43.

    SCHEDULE 'E'

 Schedule of component of Cement, Steel, other materials, Labour etc. for price escalation.
                                          NIL
CLAUSE 10 CC
Component of Cement expressed        Xc     _____ %
as per cent of total value of work
Component of Steel expressed as      Xs    _____ %
per cent of total value of work
Component of civil(except cement     Xm _____ %                NA
and steel) / Electrical construction
Materials expressed as per cent of
total value of work
Component of Labour expressed         Y    _____ %
as per cent of total value of work
                                                                                     18

SCHEDULE 'F'
Reference to General Conditions of
contract.
Name of work:
Estimated cost of work:                     Rs.
i) Earnest money :                          Rs.

ii) Performance Guarantee :                 5% of tendered value of work.

iii) Security Deposit :                     5 % of the tendered value of the work.
GENERAL RULES and DIRECTIONS:               Officer inviting tender SDE (E), BSNL
                                            Electrical Sub Division, Vijayawada
                                            Maximum percentage for quantity of
                                            items of work to be executed beyond
                                            which rates are to be determined in
                                            accordance with clauses 12.2 and 12.3.
Definitions:                                               See below
2(v) Engineer-in-Charge                     Sub Divisional Engineer (E), BSNL
                                            Electrical Sub Division,
                                            VIJAYAWADA.
2(viii) Accepting Authority                 Sub Divisional Engineer (E),
                                            BSNL Electrical Sub Division
                                            VIJAYAWADA.
2(x) Percentage on cost of materials        10%
      and labour to cover all overheads
      and profits.
2(xi) Standard Schedule of Rates            NA
2(xii) Department                           BSNL
9(ii) Standard CPWD contract Form           CPWD Form 8 as modified and
                                            corrected up to date.
Clause 1
   i)Time allowed for submission of         2 weeks
   Performance Guarantee from the
   date of issue of letter of acceptance,
   in days                                  ---------
   ii) Maximum allowable extension
   beyond the period provided in I)
   above in days
Clause 2
Authority for fixing compensation           SE (E)
under Clause 2.
Clause 2A
Whether Clause 2A shall be applicable.      No
Clause 5:Number of days from the
                                            10 days
date of issue of letter of acceptance for

reckoning date of start Milestone(s) as

per table given below :-
                                                                                      19

                                Table of Mile Stone(s)
Sl. Description of         Time allowed Amount to be with-held in case of non
No Milestone               in days (from achievement of milestone
.   (Physical)             date of start)
1
                                             NA
2
                                          OR
Sl.   Financial Progress   Time allowed (from Amount to be with-held in case of
No                         date of start)     non achievement of milestone
.
1     1/8th (of whole      1/8th (of whole
2     work) (of whole
      3/8th                work) whole
                           1/2 (of
      work)                work)
                                                  NA
3      3/4th (of whole        3/4th (of whole
       work)                  work)
4      Full                   Full
Time allowed for execution of         work.        ------
Authority to give fair and reasonable
extension of time for completion of work.         EE (E)/SE(E)
Clause 7
Gross work to be done together with net           As Applicable.
payment/ adjustment of advances for material
collected, if any, since the last such payment
for being eligible to interim payment.
Clause 10CC
Clause 10CC to be applicable in contracts with    18 months.
stipulated period of completion exceeding the
period shown in next column.
Clause 11
Specifications to be followed for execution of    Specifications as appended with
work                                              Schedule of work.
Clause 12
12. 2 & 12.3 Deviation Limit beyond which         25%
clauses 12.2 and 12.3 shall apply
12.5 Deviation Limit beyond which                 NA
clauses 12.2 and 12.3 shall apply for
foundation work
Clause 16                                         Executive Engineer (E), BSNL
Competent Authority for deciding reduced          Electrical Division, VIJAYAWADA.
rates.
Clause 36 (i)
Minimum Qualifications and experience
required for Principal Technical
Representative.
a) For works with estimated cost
put to tender more than
i) Rs. 10 lakhs for Civil work                    Graduate or retired AE possessing
ii) Rs. 5 Lakhs for Elect/ Mech.                  at-least recognised diploma
Works
                                                                                         20
b) For works with estimated cost
put to tender more than
i) Rs. 5 lakhs but less
 than Rs. 10 lakhs for Civil works
ii) Rs. 1 lakh but less than Rs.5 Lakhs for      Recognised diploma holder
Elect/ Mech. Works
c) Discipline to which the Principal Technical   Elect./ Mech
Representative should belong.
d) Minimum experience of works                   Three (3) years.
e) Recovery to be effected from the contractor Rs.4,000/- p.m. for Graduate
in the event of not fulfilling provision of       Rs.2,000/- p.m. for Diploma holder
clause 36(1)
Clause 42
i) (a) Schedule/ statement for              NA
determining
theoretical quantity of cement and
bitumen on the basis of Delhi Schedule
of Rates _____ printed by C.P.W.D.
ii) Variations permissible on theoretical
quantities
a) Cement for works with estimated cost
put to tender not more than Rs.5 lakhs.     3% ±
for works with estimated cost put to
tender more than Rs.5 lakhs.                2% ±
b) Bitumen All works.                       2.5% ± only and nil    NA
                                            on minus side
                                            2% ±
c) Steel Reinforcement and structural
steel sections for each diameter, section
and category.                               NIL
d) All other materials

      RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION

                                         Rates in figures and words at which recovery
                                         shall be made from the Contractor

Sr.                                      Rate in schedule „B‟ plus 10% in case
            Description of Item          materials issued by Department
No.
                                            Excess beyond           Less use beyond
                                              permissible        permissible variation
                                               variation
  1    Cement
  2    Steel reinforcement
  3    Structural Sections                                    NIL
  4    Bitumen issued free
  5    Bitumen issued at stipulated
       fixed price
                                                                                      21
                         GENERAL RULES AND DIRECTIONS

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

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

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

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

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

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

6.   The receipt of an accountant or clerk for any money paid by the contractor will not
     be considered as any acknowledgement of payment to the Officer inviting tender
     and the contractors shall be responsible for seeing that he procures a receipt
     signed by the concerned Accounts Officer.

7.   The memorandum of work tendered for and the schedule of materials to be
     supplied by BSNL shall be filled and completed in the office of the Officer inviting
                                                                                       22
      tender before the tender form is issued. If a form is issued to an intending
      tenderer without having been so filled in and incomplete, he shall request the
      officer to have this done before he completes and delivers his tender.

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

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

10.   In the case of any tender where unit rate of any item/items appear unrealistic,
      such tender will be considered as unbalanced and in case the tenderer is unable to
      provide satisfactory explanation such a tender is liable to be disqualified and
      rejected.

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

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

13.   However, pursuant to the constitution (forty-sixth amendment) act, 1982, if any
      further tax or levy is imposed by statute, after the date of receipt of tenders, and
      the contractors thereupon necessarily and properly pays such taxes/ levies, the
      contractor shall be reimbursed the amount so paid, provided such payment, if
      any, is not. In the opinion of superintending engineer (whose decision shall be
      final and binding) attributable to delay in execution of work within the control of
      contractor.
                                                                                           23
14.      In case of statutory variation in regard to excise duty, only in respect of package
         AC units, within the stipulated date of completion of individual agreement, the
         same shall be paid or recovered as per the actual against documentary proof.
         However, beyond this period BSNL will take advantage of any duty reduction but
         will not pay extra on account of duty increase. Price adjustment provision on
         account of change in excise duty shall not apply in respect of
         equipment/components of equipment/materials, other than package AC units.

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

      16. The contractor shall, within a period of 30 days of imposition of any further tax or
          levy in pursuant to the constitution of (forty sixth amendment) act 1982 give a
          written notice thereof to the engineer-in-charge that the same is given pursuant to
          this condition, together with all necessary information relating thereto.

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

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

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

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

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

22.      Other agencies will also simultaneously execute the works like horticulture,
         external services, installation of telephone exchange equipment and other building
         works for the same project along with this work in particular. The contractor shall
         afford necessary facilities for the same. No claim in the matter shall be
         entertained.
                                                                                              24
23.      Some restrictions may be imposed by the security staff etc. On the working
         and/or movement of labour, material etc., The contractor shall be bound to
         follow all such restrictions /instructions and nothing extra shall be payable on this
         account.

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

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

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

             a) Members of a Hindu Undivided family.

             b) They are husband and wife.

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

27.      The company or firm or any other person is not permitted to tender for works in
         BSNL Unit in which his near relative(s) is(are) posted. The unit is defined as
         SSA/Circle/Chief Engineer/Chief Archt./Corporate office for non executive
         employees and all SSA in a circle including circle office/Chief Eng./Chief
         Archt./Corporate office for executive employees (including those called as
         Gazetted officers at present). The tenderer should give a certificate that none of
         his/her such near relative is working in the units as defined above where he is
         going to apply for tender/work, for proprietorship firm certificate will be given
         by the sole proprietor, for partnership firm, certificate will be given by all the
         partners and in case of limited company by all the Directors of the company. Any
         breach of these conditions by the company or firm or any other person, the
         tender/work will be cancelled and earnest money/performance guarantee will be
         forfeited at any stage whenever it is so noticed. BSNL will not pay any damages
         to the company or firm or the concerned person. The company or firm or the
         person will also be debarred for further participation in the concerned unit.
                                                                                      25




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


              (Seal of the firm)               (Signature of Contractor )
                                                                                    26




                            CONDITIONS OF CONTRACT
1.   The `contract' means the documents forming the tender and acceptance thereof and

       the formal agreement executed between the competent authority on behalf of

       BSNL and the contractor, together with the documents referred to therein

       including the conditions, the specifications, designs, drawings and instructions

       issued from time to time by the Engineer-in-Charge and all these documents taken

       together, shall be deemed to form one contract and shall be complementary to one

       another.

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

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

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

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

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

          v) The `Engineer-in-charge' means the Engineer officer or the sub-divisional
             Engineer, as the case may be, who shall supervise and be in charge of the
             work and who shall sign the contract on behalf of BSNL.
                                                                                      27
       vi) Accepting Authority shall mean the authority mentioned in Notice
           Inviting Tender. The term Sr. DDG (Elect) includes Principal Chief
           Engineer(E)/ Chief Engineer (E) of the zone.

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

       viii)       Schedule(s) referred to in these conditions shall mean the relevant
           schedule(s) annexed to the tender papers or the standard CPWD Schedule
           of Rates with the amendments thereto issued up-to the date of receipt of the
           tender.
       ix) Tendered value means the value of the entire work as stipulated in the
           letter of award.
3. Where the context so requires, words imparting the singular only also include the
   plural and vice versa. Any reference to masculine gender shall whenever required
   include feminine gender and vice versa.

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

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

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

7. The several documents forming the contract are to be taken as mutually
   explanatory of one another, detailed drawings being followed in preference to
   small scale drawing and figured dimensions in preference to scale and special
   conditions in preference to General Conditions.
                                                                                                   28

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

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

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

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

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

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

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

      2. 70% to the first lowest tenderer.
      3. 30% to the second lowest tenderer.

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

8.3         In case of NIT for individual work there will be no split up of work and the entire
            quantity will be awarded to the lowest tenderer, if the firm has quoted as per terms
            and conditions of the NIT
       9.   The successful tenderer/contractor, on acceptance of his tender by the Accepting
       Authority, shall, within 15 days from the stipulated date of start of the work, sign the
       contract consisting of the notice inviting tender, all the documents including drawings,
                                                                                           29
 if any, forming the tender as issued at the time of invitation of tender and acceptance
 thereof together with any correspondence leading thereto.

10.    Performance Bank Guarantee

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

11.     Increase/ Decrease of tendered quantity

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

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

12. Completion of work

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

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

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

      For sub Station work, the date of clearance from electrical inspector is taken as
      completion date.
                                                                                             30
 13. Extension of time

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

14. Compensation for delay

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

15.    Quality Assurance

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

16. Payment Terms

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

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

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

        As per the EPF & Misc provisions Act 1952 & Employees Provident Fund Scheme
 1952 the Agency has to submit the following data along with each claim of bill in respect
 of Laborers / Employees engaged by them.
                                                                                           31
   i. List of showing the details of Laborers / Employees engaged.
   ii. Duration of their engagement.
   iii. The amount of wages paid to such Laborers / Employees for the duration in
        question.
   iv. Amount of EPF contribution ( both employees and employees contribution) for
        the duration of engagement in question, paid to the EPF authorities.
   v. Copies of authenticated documents of payments of such contribution to EPF
        authorities.
   vi. A declaration from the contractor regarding compliance of EPF Act 1932.
         19. Tax and Duties :a) All the rates quoted by the firm shall be inclusive of all
        taxes and duties including service tax, VAT, ED, WCT, etc. Octroi exemption
        certificate will not be issued. Form „c‟ shall be issued by BSNL on request.
                     b) All statutory deductions shall be made at source and a certificate for
                       the same shall be issued.
                     c) No bill for the work( on receipt of the equipment ) shall be made
                       unless payment voucher for excise duty is submitted.
                     d) The service tax payment voucher from the authorities shall be
                       submitted before the release of security deposit.
                     e) Registration No. for service tax, VAT and excise duty is
                       compulsory.

AN IMPORTANT NOTE ON EPF:
    EPF deduction from labour employed by the Contractor / Agency
     1. According to Circle office instructions, it is mandatory on the part of the
        contractor to recover the EPF contributions from the labour engaged by him
        and remit the amount, with the contractors contribution, to the EPF
        authorities under EPF & Misc provisions Act, 1952. To prevent any
        litigations, the following precautionary measures should be taken.
     2. Conditions should be included in the :-
        a. Bid documents
         b.Orders issued for engagement of Contractors/contract agreement.
            c. The claim of the contractors bill must accompany :-
            ci. List showing details of labours engaged.
            cii. Duration of their engagement.
            ciii.     Amount of wages paid to the labours.
            civ.      Amount of EPF contributions (both labours & Contractors
                 contribution)paid to the EPF authorities with proof of Payment to the
                 EPF Authorities.
            cv. A declaration from the contractor as mentioned above is required
                 along with the bill.
     3. The contractors bill will be passed by bill passing authority only if the
        contractor complies with the terms & conditions of EPF Act, 1952
     4. Contract wise information as stated above is to be kept by bill passing
        authority & should be produced to EPF Authorities as and when demanded
        by EPF Authorities.
                                                                                   32
                                                                       ANNEXURE - I
                          MODEL FORM OF BANK GUARANTEE

      BANK GUARANTEE BOND FOR EMD FOR AIR CONDITIONING, DIESEL
      ENGINE ALTERNATOR, LIFTS AND SUB STATION WORKS WHEREVER THE
      AMOUNT OF EMD IS MORE THAN Rs. 20,000/-.

      Whereas_________________________________(hereinafter          called    “    The
      contractor(s) “) has submitted its Tender dated _______________________
      For _____________________(Name of work)_______________________ KNOW
      ALL MEN by these presents that we _______________________ of
      ___________________________          having     our    registered    office     at
      ____________________________(hereinafter called “ The Government “) in the
      sum of ____________________________ for which payment will and truly to be
      made of the said Government, the Bank binds itself, its successors and assigns by
      these presents.
      The conditions of the obligation are:
   1. If the Contractor(s) withdraws its Tender during the period of Tender validity
      specified on the Tender Form or

   2. If the Contractor(s) having been notified of the acceptance of its Tender by the
       Government during the period of tender validity.
      a. Fails or refuses to execute the contract
      b. Fails or refuses to furnish security deposit in accordance with the conditions of
tender
        documents
          We undertake to pay to the government up to the above amount upon the
          receipt of its first written demand, without the government having to
          substantiate its demand. Provided that in its demand, the government will
          note that the amount claimed by it due to its owing to the occurrence of one or
          both of the conditions, specifying the occurred condition or conditions.

         This guarantee will remain in force as specified in the tender document upon
         and including thirty (30) days after the period of the tender validity, and any
         demand in respect thereof should reach the bank not later than the specified
         date/dates.
                                                                   Signature of the Bank
                                                                Signature of the Witness.
Name of Witness:
Address of the Witness:
                                                                                          33
                                 SCHEDULE “D”
                   ( I ) “IMPORTANT NOTE FOR CONTRACTORS”

   The firm shall read carefully the following conditions and shall quote accordingly
 confirming all the points in their offer.
 1. SECURITY DEPOSIT:
         Recovery of security deposit at the rate of 10% shall be deducted by BSNL from
         progressive payments made to the firm from all the running bills till the sum
         along with the sum already deposited as earnest money will amount to security
         deposit of 5% of the tendered value of the work.
 2. PROGRAMME FOR EXECUTION: -
       The firm shall supply detailed programme to Engineer-in-charge for execution of
       contract within 15 days of award of work. The programme shall contain details
       about submission of drawing, supply of materials, tentative dates for installation,
       testing and commissioning.
 3. STORES AND SAFETY: -
       All the stores and materials required for satisfactory completion of the work shall be
       arranged at work site by the contractor from his own sources. Space for storing the
       material may be provided on request from the contractor. However, safe custody of
       the material stores at site will be responsibility of the contractor.
4. CO-ORDINATION AT SITE :-
       At the site of work more than one agency may be working full cooperation shall be
       extended to other agencies during progress of work. Further, work shall be carried
       out in such a way so that it may not cause abnormal noise and hindrance to the
       officers of the department engaged in erection as well to the normal routine work.
  5. GUARANTEE AND DEFECT LIABILITY: -
             The guarantee shall be valid for six months after successful completion of
 work. The contractor shall guarantee that all equipments shall be free from defect due
 to the defective material and/or bad workmanship and also the equipments shall work
 satisfactorily with performance and efficiencies not less than the guaranteed values.

   Any part found defective during this period shall be replaced free of cost by the
    contractor. The service of the contractor's personnel if required during this period
    shall be made available free of cost to the department.

   The contractor shall depute his representative within 36 hours of notification of the
    defect by the department.

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

   In case the contractor fails to depute his representative within 36 hours of notification
    of the defect or fails to cause remedial measure within reasonable time as decided
    during joint inspection, the department may proceed to do so at the contractor‟s risk
    and expenses and with out prejudice to any other right.
   The guarantee shall be valid for six months after successful completion of work. The
contractor shall        guarantee that all equipments shall be free from any defect due to
the defective material and/or bad workmanship and also the equipments shall work
satisfactorily with performance .
                                                                                       34
                      SPECIFICATION FOR THE WORK

1. The work shall be carried out as per current CPWD specifications for electrical
   works as amended from time to time and Indian Electricity Rules as amended
   upto date.

2. The work shall be supervised by a qualified technical staff.

3. Layout of the work will be given by the Engineer-in-Charge or his duly
   authorized representative at the site of work.

4. Earthing sets work shall be carried out in the presence of the Engineer-in-charge
   or his authorized representative .

5. Samples of all the materials, fittings, accessories, switchgears etc., shall be
   approved from the Engineer-in-charge before using the same in the work. Rejected
   material shall be removed immediately from the site of work.

6. The contractor will have to carryout following test at his cost and intimate test
   results before final bills are paid. Nothing extra will be paid to him on this accouts.
   a)Earth test

7. Any damages done to the building by the contractor during the execution of work
   shall have to be made good at his cost and risk. If it is not done within a
   reasonable time determined by the Engineer-in-charge, then the same will be got
   done at his cost departmentally after giving notice to him.

8. The contractors will have to make arrangements to take the materials to the site of
   work at his own cost and risk. Octrai paid by the contractor for the materials
   supplied by the department can be claimed by him against the original vouchers.

9. Contractor shall submit the completion plan as required vide general
   specifications for electrical works. Part-I (internal) and Part-II(external) as
   applicable within 30days of the completion of the work. In case , contractor fails to
   submit the completion plan as aforesaid he shall be liable to pay sum equivalent to
   2.5% of the value of the work subject to a ceiling of Rs.2500/- as may be fixed by
   the SE(E).


                                             Sub Divisional Engineer (E)
                                             BSNL Electrical Sub division
                                                Vijayawada- 520010
                                                                           35
LIST OF APPROVED MAKES FOR E.I & FAN, PUMP SET, COMPOUND LIGHT
1   ACB                L&T/Siemens/Crompton/Control & Switch gear /GE Power
                       controls.
2   MCCB               Siemens/ L&T /GE power Controls and Switchgear / Crompton
3   TPN Switches &     Seimens / L&T/GE Power Controls/Havells/H.H
    HRC fuses          Elecon/Crompton / Standard
4   CT                 AE/IMP/Marshal/Pactil/Kappa/L&T/Ashmor/Indeoil/Wace/
                       Meco
5   AMMETER/VOL        AE/IMP/Universal/Reshabh/Kaycee/Meco/Enercom
    METER
6   SELECTOR           L&t/kaycee/ae/imp/Thakoor/Reco/Vaishno/Seizer/Rasscontr
    SWITCH             ol
7   INDICATING         Vaishno/Siemens/L&T/AE/IMP/Rass
    LAMP               control/Teknic/Crompton/Kaycee
8   CAPACITOR          Khatau Junkar/Crompton/L&T/Universal Electric/ Usha/
                       Asian/ AE /IMP
9   CABLES
    (A)UPTO 1.1KV      ISI mark
    GRADE
    (B)ABOVE 1.1KV     ISI mark
    GRADE
10 PVC insulated       ISI mark
    copper conductor
    wire
11 Fire Extinguihers   ISI mark
12 RUBBER              ISI mark
    MATTING
13 Cable joint kit     Raychem / M.Seal/Densons
14 Single phasing      L&T/Minilac/Zerotrip/Siemens
    preventor
15 Timers              L&T/Siemens/Minilac/Telemachanique/AE.
16 MCBs/Isolators &    Bentex/Clariton/Havells/Indokupp//Siemens/Standard/Cro
    Distribution Board mpton/MDS
17 Change over         Standard/Havells/Control and Switch gear/H.H Elcon
    switch
18 Piano Switch        ISI mark
19 Mono block pump Beacon/Batliboi/Kirloskar/Jyoti/Mather &
    set                Platt/KSB/Crompton/WASP/BE/REC
20 Starter             L&T/Siemens/BCH/ABB/MEI/GE power control
21 G.I/M.S pipe        TATA/ATI/TC/ATC/IIA/JST/ITS/JINDAL/SENITH/GSI/TT
                       A/BST
22 Foot valve          ISI mark
23 Gate Valve          Sant/Leader/Trishul/Fountain/Annapurna
24 M.S Conduit         ISI mark
25 Submersible Pump KSB/Catama/Amrut/Kirloskar/PEC/BE
26 ELCB                Standard/MDS/Havells/Datar/Siemens/GE Power Contorl
27 Contactors          Siemens/L&T/GE Power controls/Crompton/DEI/Laxmi.
                                                                               36
                SCHEDULE OF QUANTITIES FOR THE WORK AT SL.NO.1


Name of Work:- Extension of Power supply to 100M RCC Tower from MBM panels in TE compound at
Machilipatnam.( For disconnection of existing LT Service connection)
  S.No                     Description of Item               Quantity
                                                                         Rate Unit    Amount
 1
           Laying and fixing of one number PVC/XLPE
           insulated and PVC sheathed aluminum conductor
           cable of 1.1KV grade, of size exceeding 25sqmm
           but not exceeding 120sqmm in the following ways
           as required.
      a)
           On surface of Wall / cable tray / panel                 50   M      M

      b)
           .In masonry open duct / cable trench                    15   M      M

      c)
           In existing RCC / GI pipe                               25   M      M

      d)
            Directly in Ground including excavation, sand
           cushioning,protective covering and refilling the
           trench etc., as required.                               10   M      M

 2         Supplying and making cable end terminations with
           brass compression glard and aluminium lugs
           including crimping the lugs etc., for the following
           sizes of PVC/XLPE insulated and PVC sheathed
           aluminum conductor armoured power cable of 1.1
           KV grade as required.

      a)   a. 3.5 X 70 sqmm                                         2   Sets    Set

 3
           Supplying & Laying of following size pipes for
           mechanical protection of Al. AUG power cable on
           surface of wall/ In existing trench including cutting
           of pipe, S/F of couplings, bends, clamps etc as
           required.
      a)   40mm Dia ' B' Class                                     15   M           M

      b)   40 mm Dia PVC pipe                                       3   M           M

 4         Arranging cutting of C.C. Road of size 12M(L) X
           0.5M (W)X0.2M ( D) for facilitating laying of cable
           as required.                                             1   Job     Job

 5         Arranging Cement concrete filling of the above road
           with neat finishing as required.( After laying of
           cables)                                                  1   Job     Job

 6         Painting of 3.5X70 Sq.mm Al.AUG power cable
           with suitable matching enamel paint for a length of
           not less than 40Mtrs as required.                        1   Job     Job
                                                                                    37
  7
          Arranging transportation of 3.5X70Sq.mm PVC
         /XLPE AUG Cable from Khammam to TE
         Machilipatnam including loading, un loading,escort
         charges etc as required.                               1   Job                 Job

  8
         Disconnection of existing power supply from LT
         service fuse cut-outs, removing of cable
         connections, connectiong of new cable from TE
         building, testing etc as required.                     1   Job                 Job



  9
         Rearrangement of out going power cables in power
         room panel for sparing a TPN main switch including
         disconnection of cables, reconnection testing etc as
         required.                                              1   Job                 Job

                                                                          Total




CONTRACTOR
                                                                              SDE(E)
                                                                             BSNL-ESD
                                                                           VIJAYAWADA
                                                                                                  38

                                SCHEDULE OF QUANTITIES FOR THE WORK AT SL.NO.2


Name of Work:- Restoration of 160KVA EA set No.II at MBM TE building VUYYURU.(Heavy smoke from Engine,
high fuel consumption & radiator water leakage)
S.No                   Description of Item                               Quantity
                                                                                    Rate   Unit        Amount
 1
       Repairing of Greaves make, TBD2V8 model diesel engine of
       160KVA EA set( Heavy dark smoke from engine) by arranging
       replacement of spares( Fuel Injection pump gear shaft, oil seal
       gear end side, oil seal FIP gear shaft, timing cover packings
       etc) including removing of radiator/other components, fixing of
       new spares,recommissioning, testing etc as required               1   Job           Job


 2
       Repairing of radiators of above engine( Water leakage from
       riadiators) by shifting the same to radiator workshop at
       Vijayawada , replacement of top water tank of main radiator
       with new one, arresting of other water leakages from core,
       cleaning & servicingof main/auxilary radiators,repainting,
       refixing at site, testing etc as required.                        1   Job           Job

 3
       Supplying & replacement of hoses and hose clips in the cooling
       water circuit in place of life expired hoses as required.         1   Job           Job

                                             Grand Total




           CONTRACTOR
                                                                                         SDE(E)
                                                                                        BSNL-ESD
                                                                                      VIJAYAWADA
                                                                                            39


                  SCHEDULE OF QUANTITIES FOR THE WORK AT SL.NO.3



Name of Work :- Shifting & Installation of 15KVA EA set & Extension of power supply from
existing TE building at OD- BTS site at Chinnagollapalem.
S.No                   Description of Item              Quantity
                                                                         Rate    Unit       Amount
 1
      Shifting of 15KVA EA set from TE building at
      Autonagar, Vijayawada to Pallipalem including
      loading, by crane, transportation by mini truck/van
      etc as required.                                         1 Job            Job

 2
      Arranging crossing of sea channel at Pallipalem (
      Bridge under construction& there is no direct road
      way) by shifting the EA set on to water barge
      using crane, transport charges of barge for
      crossing the sea channel, un loading on to
      tractor/trolly using crane etc as required.              1 Job            Job

 3
      Arranging     shifting    of    EA      set     from
      Chinnagollapalem side sea channel to BTS site,
      including unloading, transportation, by tractor trolly
      etc sa required.                                         1 Job            Job

 4    Earthing with GI earth plate 600 X 600 X 6mm
      thick including accessories and providing
      masonary enclosure with cover plate having
      locking arrangement and water pipe etc.,as
      required.                                                1 set             set

 5    Extra for charcoal and salt for GI plate earth
      electrode as required .                                  1 set             set

 6    Supplying and laying 25mm x 5mm GI strip on
      surface / recess as required.                            10 Mts            Mtr

 7    Installation, testing & commissioning of the above
      EA set on the existing EA foundation etc as
      required.                                                1   Job           Job

 8    Providing general servicing to the 15KVA EA set
      by replacing the following etc as required.
      a) Lube oil ( M/s Servo 20W-40) & lube oil & diesel
      filters                                                  1 Job                  Job

 9
      Laying and fixing of one number PVC/XLPE
      insulated and PVC sheathed aluminum conductor
      cable of 1.1KV grade, of size not exceeding
      25sqmm in the following ways as required.
                                                                                40
      a. On surface of Wall / cable tray / panel            20 M      M

      b. In existing PVC / GI pipe                          25 M      M


      c. Directly in Ground including excavation, sand
      cushioning, protective covering and refilling the
      trench etc., as required.                             5 M       M

 10   Supplying and making cable end terminations
      with brass compression glard and aluminium lugs
      including crimping the lugs etc., for the following
      sizes of PVC/XLPE insulated and PVC sheathed
      aluminium conductor armoured power cable of
      1.1 KV grade as required.

      a 4X16 Sq.mm                                          4 Set         Set

 11
      S/F of 40mm dia.rigid PVC pipe in soft soil for
      Identification of above cable including digging of
      soil of not less than 600mm depth, laying of piping
      refilling the trench after laying of power cable as
      required.                                             30 M           M

                                                   Total




CONTRACTOR
                                                                       SDE(E)
                                                                      BSNL-ESD
                                                                    VIJAYAWADA
                                                                                                              41



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

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


        1. All works proposed for execution by          is willing to under take each item of the work
contract will be notified in a form of invitation to    tenders which propose any alteration in the work
tender posted in public placed and signed by the        specified in the said form of invitation to tender or in
Sub Divisional Officer/Divisional Officer.              the time al1owed for carrying on the work, or which
                                                        contain any other conditions of any sort, including
                                                        conditional or unconditional rebates will be liable to
         This form will state the work to be carried    rejection. No single tender shal1 include more than
out, as well as the date for submitting and opening     one work, but contractors who wish to tender for
tenders and the time allowed for carrying out the       two or more works shall submit a separate tender
work; also the amount of earnest money to be            for each. Tenders shall have the same and number
deposited with the tender, and the amount of the        of the works to which they refer written outside the
security deposit to be deposited by the successful      envelope.
tenderer, and the percentage, if any, to be
deducted from bill copies of the specifications
designs and drawings and any other documents                    4A. The rate(s) and amount must be
required in connection with the work signed for the     quoted in full rupee by ignoring fifty paisa and
purpose of identification by the Sub-Divisional         considering more than fifty paisa as rupee one.
Officer/ Divisional Officer shall also be open for      TENDERS WITH ANY CONDITION INCLUDING
inspection by the contractor at the office of Sub-      THAT      OF    CONDITIONAL/UNCONDITIONAL
Divisional / Divisional Officer during Office hours.    REBATES SHALL BE REJECTED FORTHWITH
                                                        SUMMARILY.

        2. In the event of the tender being
submitted by a firm, it must be signed separately by              5. The Sub-Divisional / Divisional Officer or
each member thereof or in the event of the              his duly authorized assistant, will open tenders in
absence of any partner, it must be signed on his        the presence of any intending contractors who may
behalf by a person holding a power-of-attorney          be present at the time, and will enter the amount of
authorizing him to do so such power of attorney to      the several tenders in a comparative statement in a
be produced with the tender, and it must disclose       suitable form in the event of a tender being
that the firm is duly registered under the. Indian      accepted, a receipt for the earnest money
Partnership Act.                                        forwarded there with shall thereupon be given to
                                                        the contractor who shall there upon for the purpose
                                                        of identification sign
         3. Receipts for payments made on account
of a work when executed by a firm, must also be                 Copies of the specifications and other
signed by the several partners, except where            documents mentioned in Rule 1. In the event of a
contractors, are described in their tender as a firm,   tender being rejected the Earnest-Money forwarded
in which case the receipts must be signed in the        with such unaccepted tender shall thereupon be
name of the firm by one of the partners, or by some     returned to the contractor remitting the same.
other person having authority to give effectual
receipts. for the firm.
                                                        6. The Officer inviting tender shall have the right of
      3A. SPECIALCONDUION FOR POWER                     rejecting all or any of the tenders, and will not be
OF ATTORNEY                                             bound to accept the lowest tender.


         In case of proprietary individual contract     7. The receipt of accountant or clerk for any money
the work shall be done by the contractor himself        paid by the contractor will not be considered as any
and no Power of Attorney shall be made without          acknowledgement of payment to the Sub-divisional
the written approval from the Engineer in-charge.       Officer/Divisional Officer and the contractors shall
4. Any person who submits a tender shall fill up the    be responsible for seeing that he procures a receipt
                                                                                                                                        42
usual printed form stating at what rate he                                  signed by the A.O. or a duly authorized Cashier.
         8. The memorandum of work tendered for                             ITEM RATE TENDER FOR WORKS
and the schedule of materials to be supplied by the.
BSNL Civil / Elec. Wing and their issue rates, shall                        I / We hereby tender for the execution for BSNL of
be filled in and completed in the office of the Sub                         the work specified in the under written
Divisional Officer/Divisional Officer before the                            memorandum within the time specified in the
tender form is issued. If a form is issued to an                            attached Schedules therein and in accordance in
intending tender without having been so filled in                           all respects. In such memorandum at the rate
and completed, he shall request the office to have                          specified with the specifications, designs, drawings
this done before he completes and delivers his                              and instructions, in writing referred to in Rule 1
tender.                                                                     thereof and in Clause 11 of the conditions of
         9. The tenderers shall sign a declaration                          contract and with such materials as are provided
under the official Secret Act for maintaining secrecy                       for by and in all respects in accordance with such
of the tender documents drawings or any other                               conditions so far as applicable.
records connected with the work given to them.
The successful tenderers shall return all the given
to them.

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

MEMORANDUM :

     12)         General description or

Name of work :-

(b)Estimated Cost:                           Rs.

12. Building work

(ii) Services

_Contractor.
Rs................................... Rs................................... TOTAL           Rs. .......Rs............................

Earnest Money                     :          no ...............................................Rs. ....... Rs.

Security Deposit                  :          ...        no...                               Rs. ..................................
                                                                                            Rs. ..................................

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

        The Security deposit will be collected by                           successors in office the sum of money mentioned
deduction from the running bills of contractor at the                       in the said conditions. A sum of Rs. .. is hereby
rates mentioned above and the earnest money, if
deposited in cash at the time of tender, will be                            forwarded by pay order or D.D of a scheduled bank
treated as part of Security deposit. The Security                           guaranteed by the RBI drawn in favour of Accounts
deposit will also be accepted in                                            Officer BSNL Civil I Elec. Divn. :........................
                                                                            as earnest money.
       1. Post Office cash certificate National
Saving Certificates, Treasury Saving Certificate                                      If I/We, fail to commence the work
and    National Plan Saving Certificates.                                   specified in the above Memorandum I / We agree
                                                                            that the said Officer or his successors in office shall
                                                                            without . prejudice to any other right or remedy be
2. Post Office Saving Bank Pass Book.                                       at liberty to

3. Deposit Receipts or guarantee Bonds from .forfeit the said earnest money absolutely otherwise
recognized banks approved by Govt. for the the said earnest money shall be retained by him
purpose.                                         towards security deposit mentioned against Clause
     (e) Time allowed for the work from the 10th (d) of the above mentioned Memorandum (ii) to
day after the date of written order to commence  execute all the work referred to in the tender
                                                 documents upon the terms and conditions
------------------                               contained or referred to there in and to carry out
                                                                                                                                                              43
Should this tender be accepted, in whole or in part                               such deviations as may be ordered, up to a
I/We hereby agree. (0 to abide by and fulfill all                                 maximum of 50% (Fifty percent) at the rates quoted
terms and provisions of the said conditions                                       in the tender document and those in excess of that
annexed hereto and all the terms and provisions                                   limit at the rates to be determined in accordance
contained in notice inviting tenders so far as                                    with the provisions. . Contained in Clause 12-A of
applicable and/or in default thereof to forfeit and                               the tender form.
pay to the BSNL or his

                                                                                  I/We agree that should I/We fail to
commence the work specified in the above
memorandum an amount equal to the amount of                                       lump sum security ofRs. 5 lakhs in lieu of the
earnest money mentioned in the form of invitation                                 security amount to be deducted from my/our
of tender shall be absolutely forfeited to the BSNL                               running bills individual case and have deposited
and the same may at the option of the Officer to be                               that amount with the Engineer-in-Chief, CE(C),
recovered. out of the deposit in as far as the same                               New Delhi and I / We therefore claim exemption in
may extend in terms of the said bond and in the                                   terms of the bond executed by me/us and bearing
event of deficiency out of any other moneys due to                                No. ...................... dated the ......... day   of
me/us or other wise.                                                               ................................ 200...............
                                                                                  against the necessity of depositing security money
,EXEMPTION FROM                         THE         PAYMENT              OF       in respect of the above tender for work.
EARNEST MONEY

                                                                                            I/We agree that should I/We fail to
              ,I / We have already furnished security to                          commence the work specified in the above
the BSNL in lieu of Earnest Money and have                                        memorandum an amount equal to the amount of
deposited with the Engineer-in-chief/CE (C) New                                   the Earnest Money mentioned in the form of
Delhi, a lump sum security ofRs. 5,000/- Rs. 7,500                                invitation of tender shall be absolutely forfeited to
Rs. 10,000/- Rs. 20,000/- as Earnest Money in                                     the BSNL and the same that at the option of the
individual cases and II We therefore claim                                        Officer to be recovered out of the deposit in so far
exemption in terms of the bond executed by me/us                                  as the same may extend in terms of the said Bond
and bearing No. .......................... dated the                              and in the event of deficiency out of any other
..........................                                                        money due to me/us or otherwise.
day of ............. 200 """"" against the necessity of
depositing Earnest Money in respect of the above
tender for work. _

                                                                                  * Signature of Contractor
I / We have already furnished to the BSNL a

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

# Witness

address

Occupation

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

dated the ............................. day of .................................... 20..............
                                                                                                                           $ Signature of the
                                                                                                                           Engineer – in- charge
*           Signature of contractor before submission of tender.

#           Signature of witness to contractor's signature.

$           Signature of the Officer by whom accepted.

D.O / Contr.
                                                                                                            44

                                      CONDITIONS OF CONTRACT

DEFINITIONS                                             iii) Chief Engineer (Civil / Elec) BSNL
         1) The 'Contract' means the documents
                                                        iv) Civil Circle BS_
forming the tender and acceptance thereof and the
formed agreement executed between the BSNL              v) Postal,
and the Contractor together with documents                        . vi) The term Director General (Works)
referred to therein including these conditions, the
                                                        includes Chief Engineer.
specifications, designs, drawings and instructions
issued from time to time by the Engineer-in Charge      Except:
and all these documents taken together shall be
deemed to form one contract and complementary                   In the following place/clause where no
to . one another.                                       modifications are intended.

         2) In the contract the following expression              0      C.P.W.D. safety code
shall unless where the context otherwise require
                                                                  ii)    Clause I 1
have the meanings hereby respectively assigned,
to them:                                                          ill)   Clause 12
                                                                         Clause 19 B (a)
         a) The expression 'works' or 'work' shall                iv)
                                                                         explanation
unless there be something either in the subject or
                                                                  v)     Clause 19B (c)
context repugnant to such construction be
construed and taken to mean the works by or by                    vi)    Clause 19 C
virtue of the eon tract contracted to be executed                 vii)   Clause 19 E
whether temporary or permanent and whether
original altered, substituted or additional.            ix)    viii) rules 19 G
                                                               ModelClausefor the protection of
                                                        Health and Sanitary arrangements for workers
                                                        employed by Central P.W.D. or the contractor's
         b) The 'Site' shall mean the land and/or       (Heading Only)
other places into or through which work is to be
executed under the contract or any adjacent land,               x)     Central Public Works Department
path or street through which work is to be executed     Contractor's Labour Regulations (Headings and
under the contract or any adjacent land, path Or        Regulations No.1 and 2 [ii].
street which may be allotted or used for the
purpose of carrying out the contract.                              XI)     Clause 42(v)
         c) The 'Contractor' shall mean the                 xiO      Clause 42(ii)
individual.                                                 xiii)    Clause 19B(F)
or firm or company whether incorporated or not
undertaking the works and shall include the legal Works imparting the singular number
personal representatives of such individual or the include the plural number and vice versa.
persons composing such firm or company and the              CLAUSE 1: The Person / Persons whose
successors of such firm or company and the tender[ s] may be accepted [hereinafter called the
permitted assignees of such individual or firm or contractor] shall permit BSNL at the time of making
firms or company.                                  . any payment to him for work done under the
         d) The BSNL means the Bharat Sanchar contract to deduct such sum along with along with
Nigam Limited and his successors.                   the sum already deposited as earnest money will
                                                    amount.

        e) The 'Engineer-in Charge' means the           Security Deposit
Divisional Officer/Sub-Divisional Officer as the case
may be who shall supervise and be in-charge of the               10% of the Tendered amount of work put
work and who shall sign the contract-on behalf of       to tender subject to a maximum of 5 lakhs unless
the BSNL.                                               he is/ they are exempted from payment of Security
        t) 'Government' or Government of India'         Deposit in individual cases by BSNL unless he is /
shall mean the President of India.                      they are exempted.
        g)       The term Chief Engineer includes                In case a fixed deposit receipt of any Bank
additional Chief Engineer.                              is furnished by the contractor to the BSNL as part
                                                        of the security deposit and the Bank goes into
                                                                                                             45
h) All reference to:                                     liquidation or for any reason is unable to make
                                                         payment against the said fixed deposit receipt the
i) C..P. WD./ Public works Department. ii)
                                                         loss caused thereby shall fall on the contractor and
Additional Chief Engineer, C.P.WD. iii)                  the contractor shall forth with on demand furnish
Administrative head of C.P.WD.                           additional security to the BSNL to make good the
                                                         deficit.
iv) c.P. WD. Circle and
v) Ministry of works, Housing and supply, in various
                                                                 Such deductions are to be held by BSNL
clauses shall be taken                                   by way of Security Deposit, Provided always that.
                                                         the BSNL for this purpose shall be entitled to
i) BSNL (Civil/ Elec. Wing)                              recover the said percent of the amount of each
                                                         running bill
ii) Administrative heads of BSNL
                                                         contract has elapsed, three eighth of the work,
till the balance of the amount of Security Deposit is    before one-half of such time has elapsed and
realized All Compensation or the other sum of            three-fourth of the work before three-fourth of such
money payable by the contractor under the terms          time elapsed. However for special jobs if a time
of this contract may be deducted from or paid by         schedule has been submitted by the contractor and
the sale of                                              the same has been accepted by the Engineer-
sufficient part of his Security Deposit or from the      Charge, the contractor shall comply with the said
interest arising there from, or from any sums which      time schedule. In the even of the contractor failing
may be due to or may become due to the                   to comply with the conditions, he shall be liable to
contractor by BSNL on any account whatsoever             pay as compensation an amount equal to one
and in the event of his Security Deposit being           percent Of such smaller amount as the
reduced by reason of any such deduction or sale          superintending Engineer (whose decision in writing
as aforesaid, the contractor shall within 10 days        shall be final) may decide on the said estimate cost
make good in cash or guarantee bonds executed in         of the whole work for everyday that the due
favour of the BSNL Deposit receipt tendered by the       quantity of work remains incomplete. Provided
State Bank of India or by scheduled Banks (in case       always that the. entire amount of compensation to
of guarantee offered by schedule banks, the              be paid under the. Provisions of this Clause shall
amount shall be within the financial limits              not exceed ten percent on the estimated cost of the
prescribed by the Reserve Bank of India) of Govt.        work as shown in the tender.
Securities (if deposited for more than 12 months)
endorsed in favour of the Engineer-in charge, any
sum or sums which may have been deducted from,                    CLAUSE 3: The Engineer-in-Charge may
ot raised by sale of his security deposit or any part
                                                         without prejudice to his right against the contractor
thereof. The Security Deposit shall be collected
                                                         in any respect of any delay or inferior workmanship
from the running bills of the contractor at rates
                                                         or otherwise or to any claims or damages in any
mentioned above and the Earnest Money
                                                         respect of any breaches of contract and without
deposited at time of tenders will be treated as part
                                                         prejudice to any rights or remedies under any of the
of the security deposit.
                                                         provision of this contract or otherwise and whether
                                                         the date for completion has or has not elapsed by
                                                         notice in writing absolutely determine the contract
         NOTE I: Government papers tendered as           in any of the following cases:
security will be taken at 5% (five percent) below its
market price or at its face value, which ever is less.
The market price of Government Papers would be
ascertained by the Divisional Officer at the time of
                                                                   i)   If the contractor have been given
collection of interest and the amount of interest to
                                                         by the Engineer-in-Charge a notice in writing to
the extent of deficiency in value of the Government
                                                         rectify, reconstruct or replace any defective work or
paper will be withheld if necessary.
                                                         that the work is being performed in any inefficient
                                                         or otherwise improper or un workman like manner
                                                         shall omit to comply with the requirements of such
                                                         notice for a period of seven days thereafter or if the
         NOTE 2: Govt. securities will include all
                                                         contractor shall delay or suspend the execution of
form of securities mentioned in Rule NO. 274 of the
                                                         the work so that either in the judgment of the
GF. Rules except fidelity bond. This will be subject
                                                         Engineer-in-Charge (which shall be final and
to the observance of the condition mentioned under
                                                         binding) he will be unable to secure completion of
the rule against each form of Security.
                                                         the work by the date for completion or he has
                                                                                                               46
          CLAUSE 2: The time allowed for carrying       already failed to complete the work by that date,
out of the work as entered in the tender shall be
strictly be observed by the contractor and shall be               ii) If the contractor being a company shall
deemed to be of the essence of the contract on the      pass a resolution or the court shall make an order
part of the contractor and shall be reckoned from       that the company shall be wound up or if a receiver
the Tenth day after the due date on which the order     or a manager on behalf a creditor shall be
to commence the work is issued to the contractor.       appointed or if circumstances shall arise which
The work shall throughout the stipulated period of      entitle the court or creditor to appoint a receiver or
the contract be proceeded with all the diligence and    a manager or which entitle the court to make a
the contractor shall pay as compensation an             winding up order.
amount equal to one per cent or such smaller
amount as the superintending Engineer (whose                    iii) If the contractor commits breach of any
decision in writing shall be final) may decide on the
                                                        of the terms and conditions of this contract.
amount of the estimated cost of the whole work as
shown in the tender, for every day that the work                iv) If the contractor commits any acts
remains un commenced or unfinished after the            mentioned in Clause 2 I hereof.
proper dates. And further to ensure good progress
during the execution, of all the work, the contractor             When the contractor has made himself
shall be bound in all cases in which the time           liable for action under any of the cases aforesaid,
allowed for any work exceeds, one month(save for        the Engineer-in-Charge on behalf of the BSNL shall
special jobs) to complete one eighth of the whole of    be have powers.
the work before one fourth of the whole time            a) To determine or rescind the contract as
allowed under the                                       aforesaid (of which termination or recession notice
                                                        in


D.O. / Contr.
writing to the contractor under the hand of the there of shall not be constitute a waiver of any of
Engineer-in-Charge shall be conclusive evidence). the
Upon such determination or rescission the security . Conditions hereof and such powers shall not
deposit of the contractor shall be liable to be withstanding be exercisable in the event of any
forfeited and shall be absolutely at the disposal of future case of default by the contractor and the
BSNL.                                                 liability of the contractor for compensation ,shall
                                                      remain unaffected. In the event of the Engineer-in-
           b) To employ labour paid by the CPWD/ Charge putting in force all or any of the powers
Postal /BSNL( Civil Wing) and supply material to vested in him under the proceeding clause he may
carry out the works or any part of the work debiting if he so desires after giving a notice in writing to the
the contractor with the cost of labour and the price contractor take possession of (or at the so I.e.
of the materials (of the amount of which cost and discretion of the Engineer-in-Charge which shall
price certified by the Engineer-in-Charge shall be final) use as on hire (the amount of the hire money
final and conclusive against the contractor) and being also in the final determination of the
crediting him with the value of the work done in all Engineer-in Charge) all or any tools, plant materials
respects in the same manner and at the same rates and stores, in or upon the works, or the site thereof,
as if it had been carried out by the contractor under belonging to the contractor, or procured by
the terms of the contract. The certificate of the contractor and intended to be used for the
Divisional Officer as to the value of the work done execution of work in any part thereof, paying or
shall be final and conclusive against the contractor, allowing for the same in account at the contract
provided always that action under the sub clause rates, or in the case of these not being applicable
shall only be taken after giving notice in writing to at current market rates to be certified by the
the contractor. Provided also that if the expenses Engineer-in-Charge, whose certificate thereof shall
incurred by the BSNL are less than the amount be final, otherwise the Engineer-in Charge by
payable to the contractor at his agreement rates, notice in writing may order the contractor or his
the difference should not be paid to the contractor.  clerk of the works, foreman or other authorized
                                                      agent to remove such tools, plant, materials, or
                                                      stores IT at the premises (within and a time to the
          c) After giving notice to the contractor to specified in such notice), and in the event of the
measure up the work of the contractor and to take contractor
such part thereof as shall be unexecuted out of his . failing to comply with any such requisition, the
hand and to give it to another contractor to Engineer-in-charge may remove them at the
                                                                                                             47
complete 1l1 which case expenses which may be           contractor's expense or sell them by auction or
incurred in excess of the sum which would have          private sale on account of the contractor and at his
been paid to the original contractor if the whole       risk in all respects the certificate of the Engineer-in
work has been executed by him( of the amount of         Charge as to the expense of any such removal and
which excess the certificate in writing of the          the amount of the proceeds and expense of any
Engineer-in-Charge shall be final and conclusive)       such sale shall be final and conclusive against the
shall be borne and paid by the original 90ntractor      contractor.
and-may be deducted from any money due to him
by BSNL under the contract or on any other
account whatsoever or from his security deposit or      CLAUSE 5:         I f the contractor shall desire an
the proceeds of sales thereof or a sufficient part      extension of time for completion of work on the
there of as the case may be.                            grounds of his having been unavoidably hindered in
                                                        its execution or on any other ground he shall apply
                                                        in writing to the Engineer-in-Charge within 30 days
          In the event of anyone or more of the         of the date of hindrance on account of which he
above courses being adopted by the Engineer-in-         desires such extension as aforesaid, and the
charge the ,contractor shall have no claim to           Engineer-in-Charge shall, if in his opinion (which
compensation for any loss sustained by him by           shall be final) reasonable ground be shown
reason of his having purchased or procured any          therefore authorize such extension of time if any,
material or entered into engagements or made any        as may, in his opinion be necessary or proper.
advances' on account or with a view to the
execution of work or the performance of the
contractor. And in case action is taken under any of
the Provisions aforesaid, the contractor shall not be          . CLAUSE 6:        Within ten days of the
entitled to recovery or be paid any sum fol' any        completion of the work, the contractor shall give
work thereto actually performed under this contract     notice of such completion to the Engineer-in-
unless and until the Engineer-in Charge has             Charge and within* ten/thirty days of the receipt of
certified in writing the performance 'of such work      such notice the Engineer-in-charge shall inspect
and the value payable in respect thereof and he         the work, and if there is no defect in the work shall
shall only be entitled to be paid the value so          furnish the contractor with a certificate of
certified,                                              completion otherwise a provisional certificate of
                                                        completion indicating defects (a) to be rectified by
                                                        the contractor and or (b) for which payment will be
CLAUSE 4: In any case in which any of the powers
                                                        issued at reduced rates shall be issued but no
conferred upon the Engineer-in-charge by Clause 3
thereof, shall have become exercisable, and the         certificate of completion, Provisional or otherwise
same shall not be exercised, the non exercise           shall be issued, not shall the work be considered to
                                                        be complete until the




______________________________________________________________________________
* Ten days will apply in the case of works at the Headquarters of Engineers-in-charge and thirty days will
apply in the case of works at a station other than the Headquarters of Engineer-in-charge.
contractor shall have removed from the premises executed to the satisfaction of the Engineer-in
on which the work shall be executed all scaffolding Charge, whose certificate of the sum so payable
surplus materials, rubbish and all huts and sanitary shall be final and conclusive against the contractor.
arrangements required for his/their work people on But all such intermediate payments shall be
the site in connection with the execution of the regarded as payments by way of advance against
works as shall have been erected or constructed by the final payments only and not as payments for
the contractor(s) and cleaned off the dirt from all work actually done and completed, and shall not
wood work doors, window, walls, floors or other preclude the requiring of bad, unsound and
parts of                                                imperfect of unskilled work to be removed and
any buildings, in, upon or about which the work is taken away and reconstructed, or re-erected or be
to be executed or of which he may have /had considered as an admission of the due
possession for the purpose of the execution thereof performance of the contract, or any part there of in
and not until the work shall have been measured by any respect of the accruing of
the Engineer in-Charge. If the contractor shall fail any claim nor shall, it conclude determine or affect
to' Comply with the requirement of this Clause as to in any ways the powers of the Engineer-in-Charge
removal of scaffolding, surplus materials like the under these conditions or any of them as to the
rubbish and huts and sanitary arrangements as final settlement and adjustment of the account or
                                                                                                              48
 aforesaid and cleaning off dirt on or Before the date    other wise or in any other way vary or affect the
 fixed for the completion of the work, the Engineer-      contract. The final bill shall be submitted by the
 in-Charge may at the Expenses of the contractor          contractor within one month of the date fixed for
 remove such scaffolding or surplus materials the         completion of the work or of the date of the
 rubbish, etc., and dispose of the things fit and clean   certificate of completion furnished by the Engineer-
 off such dirt as aforesaid; the contractor shall have    in-Charge and payment shall be made within three
 no claim in respect of any such scaffolding or           months if the amount of the contract plus that of the
 surplus materials as aforesaid except for any sum        additional items is up to Rs.2 Lakhs and in 6
 actually realized by the sale thereof.                   months if the same exceeds Rs. 2 lakhs of the
                                                          submission of such. bill. If there shall be any
                                                          dispute about any item or items of the work then
           CLAUSE 6A: This splashes and dropping          the undisputed item or items only shall be paid
 from white washing, color washing, painting, etc. on     within the said period of three months or six months
 walls, floors, doors, windows, etc. shall be removed     as the case may be. The contractor shall submit a
 and the surface cleaned simultaneously with the          list of the disputed items within thirty days from
. completion of these items of work in the individual,    disallowance thereof and if he fails to do this, his
 rooms, quarters or premises etc. where the work is       claims shall be deemed to have been fully waived
 done without waiting for the actual completion of all    and absolutely extinguished.
 the other items of work in the contract in case the
 contractor fails to comply with the requirements of                "Whenever there is likely to be delay in"
 this Clause, the Engineer-in-Charge shall have the       recording the details measurements for making a
 right to get this work done at the cost of the           running payment in the case of residential buildings
 contractor either departmentally or through another      advance payments without detailed measurements
 agency. Before taking such action, the Engineer-in-      of work done (other than foundation and finishing
 Charge shall give ten days notice in _Tuning to the      items) up to (a) lintel level (including sun shades
 contractor.                                              etc) (b) slab level, for each floor, worked out at 75%
 "                                                        of tendered rates may be made in running account
                                                          bills by the Engineer-in-Charge at his discretion on
          CLAUSE 6B : The contractor shall submit         the basis of a certificate from the Asst. Engineer to
 the completion plan as required vide General             the effect that the work has been completed upto
 specification for Civil/elec. Works (Part I Interal)     the level in question.
 1972 and (part II External) 1974 as applicable
 within thirty days of the completion of the work
         In case, the contractor fails to submit                   CLAUSE 8: A bill shall be submitted by the
 completion plan as aforesaid he shall be liable to       contractor each month on or before the date fixed
 pay a sum equivalent to 2.5% of the value of the         by the Engineer-in-Charge for all works executed in
 work subject to a ceiling of Rs. 2,500 (Rupees Two       the previous months and the Engineer-in-charge
 thousand and five hundred only) as may be fixed          shall take or cause to be taken the requisite
 by the superintending Engineer Civil/Elec.               measurements for the purpose of having the same
 concerned and in this respect the decision of the        verified and the claim, as far as admissible,
 superintending Engineer shall be final and binding       adjusted as far as .possible, before the expiry of
 on the contractor.                                       ten days from the presentation of the bill. If the
                                                          contractor does not submit the bill within the time
           CLAUSE7: No payment shall be made for          fixed as aforesaid the Engineer-inCharge may
 a works estimated to cost rupees five thousand or        depute within seven days of the date fixed as
 less till after the whole of the work shall have been    foresaid, a subordinate to measure up the said
 completed and certificate of completion given. But       work in the presence of the contractor whose
 in the case of work estimated to cost more than          countersignature to the measurement list will be
 rupees five thousand, the contractor, shall on           sufficient warrant, and the Engineer_in-Charge may
 submitting the bill therefore be entitled to receive a   prepare a bill from such list which shall be binding
 monthly payment proportionate to the part thereof
 then on the contractor in all respect.


  CLAUSE 8A: Before taking any
  measurement of any work as has been referred to         the proceeds of sales thereof if the same is held in
  in                                                      Govt. security deposit, or the proceeds of sales
: . Clauses 6,7 and 8 thereof, the Engineer-in-charge     thereof if the same held in Govt. securities the
  or a subordinate deputed by him shall give              same or a sufficient portion theteofbeing in this
                                                                                                              49
reasonable notice to the contractor. If the'              case sold for the purpose. Not-withstanding
contractor fails to attend the measurements after         anything to the contrary, contained in any other
such notice or fails to countersign or to record the      clause of the contract, and or the CPWD code all
difference within a week from the date of                 stores/materials so supplied to the contractor or
measurement in the manner required by the                 procure<;i with the assistance of the Govt. shall
Engineer-in-Charge then in any such event the             remain the absolute property of the Government
measurements taken by the Engineer-in-Charge or           and the contractor shall be trustee of the
by the subordinate deputed by him as the case             store/materials and the said stores/ materials shaH
may be shall be final and binding on the contractor       not be removed/disposed of from the site of work
and the contractor shall have no right to dispute the     on any account and shall be at aH times open to
same.                                                     inspection by the Engineer-in-charge. Any such
                                                          stores/materials remaining unused shall be
                                                          returned to the Engineer-in-charge at a place
CLAUSE 9: The contractor shall submit all bills on        directed by him ifby a notice by him he shaH so
the printed forms to be held on application at the        require but in case it is decided not to take back the
office of the engineer-in-Charge and the charges in       store/materials the contractors shall have no claim
the bills shall always be entered at the rates            for the compensation on any account of such
specified in the tender or in the case of                 stores materials so supplied to him as aforesaid
any extra work ordered in pursuance of these              and not used by him or any wastage to in or
conditions and not mentioned or provided for in the       damages of such stores/materials.
tender of the rates here in after provided for such
work.                                                      On being required' to return the stores/materials,
                                                           the contractor, shall hand over the stores/ materials
                                                           on being paid or credited such price as the
        CLAUSE9A:Payment due to the contractor             Engineer-in-charge shall determine, having due
may if so desired by him be made to his bank               regard to the condition of the stores/materials. The
instead of direct to him provided that the contractor     . price aHowed to the.contractor, however shaH not
furnishes to the Engineer-in-Charge (1) an                 exceed the amount charged to him, excfuding the
authorization in the form of legally valid document        storages if any. The decision of the Engineer-in-
                                                           charge shaH be final and conclusive. In the event
'such as a power of attorney conferring authority on       of breach of the aforesaid condition, the contractor
the bank to receive payments and (2) his own               shall in addition to throwing himself open to
acceptance of the correctness of the account made          account for contravention of the terms ofthe licence
out as being due to him by BSNL of his signature           or permit and / or for criminal breach of trust, be
on the biII or other claim preferred against BSNL.         liable to BSNL. For aH advantages or profits
before settlement by the Engineer-in-Charge of the         resulting or which in the usual course would have
account or claim by payment to the bank. while the         resulted to him by reason of such breach. Provided
receipt given by such banks shall constitute a full        that contractor shaH in no case be entitled to any
and sufficient discharge for the payment the               compensation or damages on account of any delay
contractor should wherever possible present his            in supply or nonsupply there-of all any such
bills duly receipted and discharge through his             matedals and stores.
bankers.


         Nothing herein contained shall operate to
                                                                   .,Provided further that the contractor shall
create in favour of the bank any rights of equities
                                                          be bound to execute the entire work if the materials
vis-avis the BSNL.
                                                          are supplied by the BSNL within the schedule time
                                                          for completion ofthe work plus 50% there of
       . CLAUSE 10 : Stores supplied by BSNL If the       schedule time plus 6months if the time of
 specification or schedule of items provided for the      completion of the work exceeds 12 months but if a
 use of any special description of materials to be        part only of the materials has been supplied within
 supplied from Engineer-in-charge's Stores or it is       the aforesaid period then the contractor shaH be
 required that the contractor, shall have certain         bound to do so much .of the work as may be
 stores to be provided by the Engineer-in-charge as       possible with the materials and stores supplied in
 shown in the schedule of materials hereto annexed,       the aforesaid period. For the completion of the rest
 the contractor shall be bound to procure and shall       of the work, the contractor shaH be entitled to such
 be supplied such materials and stores as are from        extension of time as may be as may be determined
 time to time require to be used by him for the           by the Engineer-incharge whose decision in this
 purpose of                                               regard shaH be final.
. the contract only, and the value of the full quantity
                                                                                                            50
of materials and stores so supplied at the rates
specified in the said schedule of materials may be
set off deducted from any sum then due, or
thereafter to becoJ11e due to contractor under the
contract, o! otherwise or against or from the           CLAUSE lOA: The Engineer-in-Charge shall have
security deposit, or                                    full powers to require the removal from the
of default the Engineer-in-charge shall be at liberty   premises of all materials which in his opinion are
to employ other persons to remove the same              not in accordance with the specifications and
without being answerable or accountable for any         in.case
loss or damage that may happen or arise to such         coming into force of any fresh law or statutory rules
materials. The Engineer-in-charge shall also have       or order (but not due to any changes in sales tax)
full powers to require other proper materials to be     and such decrease exceeds ten percent of the
substituted there of and in case of default the         price and or wages prevailing at the time of receipt
Engineer-in-charge may cause the same to be             or the tender for the work BSNL sh_ll in respect of
supplied and all costs which may attend such            materials incorporated in the works (not being
removal by the substitution are to be borne by the      materials supplied from the Engineer-in-charge's
contractor.                                             stores in accordance with Clause 10 hereof) and of
                                                        labour engaged on the execution of the work after
                                                        the date of coming into force of such law, statutory
         CLAUSE 10 B : The contractor on signing        rule or order entitled to deduct from the dues of the
an indenture in the form to be specified by the         contractor such amount as shall be equivalent to
Engineer-in-charge shall be entitled to be paid         difference between the prices of material and/or
during the progress of the execution of the work        wages as they prevailed at the time of receipt of
upto 75% of the estimated value of any materials        tender for the work minus ten percent thereof and
which are in the opinion of the Engineer-in-charge      the prices of materials and/or wages oflabour on
non perishable and are in accordance with the           the coming into force of such law, statutory rule or
contract and which have been brought on the site        order.
in connection therewith and are adequately stored
and/or protected against damage by weather or
other causes but which have not at the time of                  The contractbr shall for the purpose of this
advance been incorporated in the works. When            conditions keep such books of account and other
materials on account of which an advance has            documents as are necessary to show the amount
been made under this sub-clause are incorporated        of any increase claimed or reduction available and
in the work the amount of such advance shall be         shall .
deducted from the next payment made under any           allow inspection of the same by a duly authorised
of the clause or clauses of this contract.              representative of BSNL and further shall be at the
                                                        request of the Engineer-in-charge furnish, verified
                                                        in such a manner as the Engineer-in-charge may
         CLAUSE (0 c: If during the progress of the     require any documents so kept and such other
work the price of any materials incorporated in the     information as the Engineer-in-charge.may require.
works (not being a material supplied from the
Engineer-in-charge, stores in accordance with
clause 10 hereof) and/of wages of labour increases
as a direct result of the coming into force of any               The contractor shall with areasonable time
fresh law of statutory rule or order (but not due to    of his becoming aware of any alteration in the price
any changes in sales tax) and such increase             of any material and/or wages of labour give notice
exceeds ten percent.                                    thereof to the Engineer-in-charge stating that the
of the price and or wages prevailing at the time of     same is given pursuant to this condition together
receipt of the tender for the work and the contractor   with all information relating thereto which he may
thereupon necessarily and properly pays in respect      be in a position to supply.
of that material (incorporated in the works) such
increased price and or in respect of labour engaged
                                                                 If the labour Ministry decided to enforce the
on the execution ofthe work at such increased
                                                        provision of the contract labour Act for pa_ment of
wages then the amount of the contract shall
                                                        the same to contract labour as that of the labbur
accordingly be varied provided always that any
                                                        employed by the Principal Employer. Viz. P & T
increase so payable is not, in the opinion of the
                                                        that wages described in the schedule for fair wages
superintending Engineer (whose decision shall be
                                                        attached with the tender would stand revised and
final and binding) attributable to delay in the
                                                        .the difference of wages then payable would be
execution of the contract' within the control ofthe
                                                        borne entirely by the BSNL less the first 10% as
contractor.
                                                                                                            51
                                                        per Clause 10-C of the agreement.


Provided, however, no reimbursement shall be
made if the increase is not more than 10% of the                 Clause 10 (cc) : Ifthe prices of materials
said prices/wages and if so the reimbursement           (not being materials supplied or services rendered
shall be made only on the excess over 10% and           at fixed.prices by the BSNL in accordancewith
provided further that any such increase shall not be    clauses 10 and 34 hereof) and / or wages of labour
payable if such increase has become operative           required for execution of the work increase, the
after the contract or extended date of completion of    contractor shall be compensates for such increase
the work in question.                                   as per prcivisions detailed below and the amount of
I f during the progress of the works the price of any   the contract shall accordingly be varied, subject to
materials incorporated in the work (not being a         the conditions that such compensation for
material supplied from the Engineer-in-charge's         escalation in prices shall be available only for the
store in, accordance with clause 10 hereof) and/or      work done during the stipulated perio.d of the
wages of labour is decreased as a direct result of      contractor including such period for which the
the
                                                        contract is validly extended under the pr?visions of
                                                        clause 5 of the contract extended without any
                                                        action under clause 2 andSaJso subject to the
                                                        condition that no such compensation shall be
                                                        payable for a work for which the stipulated
period of completion is 6 months or less. Such
compensation for escalation in the prices of
                                                        value ofwork.
materials and labour, when due, shall be worked
                                                        Ml&Ml0
out based on
                        . the following provisions.
              (l) The base data for working out such    All India whole sale index for all commodities of the
                                                        period under reckoning. as published by the
  escalation shall be the last date on which tenders
                                                        Economic Adviser to Govt. of India. MIO .Industry
                      were stipulated to be received.
                                                        and commerce for the period under consideration
         (2) The cost of work on which escalation       and that valied at the time of receipt of tenders,
will be payable shall be reckoned as 85% of the         respectively.
cost of work as per the bills, running or final and     WX Z x (FI-Flo)
from this amount the value of materials, supplied            100 Fl0
under clause 10 of this contract or services
rendered at fixed charges as per clause 34 of this      \V =
contract, and proposed to be recovered in the             F
particular bill, shall be deducted before the amount
of compensation of escalation. is worked out in the     VF
case of materials brought to site for which any
secured advance is included in the bill, the full       Variation in cost of fuel, oil and lubricant, increase
value of such materials as assessed by the              or decrease in rupees to be paid or recovered.
Engineer-in-charge (and not the reduced amount          Value of work done worked out as indicated in such
for which secured advance has been paid) shall be       para 2 above.
included in the cost of work done for operation of      Compensation of P.O.L. expressed as a percent of
this clause. Similarly when such materials are          total value of work as indicated under the special
incorporated in the work and the secured advance        conditions of contract.
is deduced from the bill, the full assessed value of
the materials originally considered for operation of
                                                        .WzAverage, index number of
this clause should be deducted from the cost of the
                                                        wholesale price for group (fuel power4 light and
work shown in the bill running or final. Further the
                                                        lubricants) as published weekly by the Economic
cost of work shall not include any work for which
                                                        Adviser to Govt. of
payment is made under clause 12 or 12 (a) at
                                                        India. MIO. Industry for the period under reckoning,
prevailing market rates.                                and that valid at the time of receipt of tenders,
         (3) (a) The components or materials,           respectively.
labour P.O.L. etc. has been pre-determined for
every work and incorporated in the conditions of                5) The following principles shaH be
contract attached to the tender papers and the          followed while working out the indices mentioned in
                                                        para 4 above.
                                                                                                               52
decision of the Engineer-in-charge in working out
such percentages shall be binding on the                   Fl &Flo =
contractor.
        (b) The components of material labour as                   a) The compensation for escalation shall
indicated in para 3 of subclause 1 O( cc) have been        be worked out at quarterly intervals and shall be
pre-determined as below:                                   with respect to the cost of work done during the
(a) Material                                               three calendar months of the said quarter. The first
                                                           such payment shall be made at the end of three
(b) Labour                                                 months after the month (excluding) in which the
75 percent (X) 25 percent(Y)                               tender was accepted and thereafter at three
                                                           months interval. At the time of completion of the
Total                                                      work, the last period for payment might become
                                                           less than 3 months, . depending on the actual date
100                                                        of completion.
                                                                   b) The index (MI/FI etc.,) relevant to any
        (4) The compensation for escalation for
                                                           quarter for which such compensation is paid shall
materials and P.O.L. shall be worked out as per the
                                                           be the arithmetical average of the indices relevant
formula given below:
                                                           to the three calendar months. If the period upto
(i)VM=W x X x (MI-Mlo) 100 100                             date of completion after the quarter covered by the
                                                           last such instalment of payment is less than 3
VM                                                         months the index M 1 and F 1 shall be the average
                                                           ofthe indices for the months falling within that
Variation inmaterials cost i.e., increase or decrease      period.
in the amount in rupees to be paid or recovered.                    c) The base index Ml 0 Fl 0 etc., shall be
Cost or work done worked out as indicated in sub           the one relating to the month in which tender was
para 2 above. Component of materials expressed
                                                           stipulated to be received.
as percent of the total
                                                           6. The compensation for escalation for labour shall
                                                           be worked out as per the formula given below:


D.O. / Contr
(i) VL                                                     13. The Engineer-in-charge shall otherwise be
                                                           entitled to lay down the principles on which the
w x y X Ll-Llo   100 Llo                                   provision of this sub-clause shall be implemented
                                                           from time to time and the decision of the Engineer-
VL                                                         incharge in this behalf shall b.e final and binding.

Variation in labour cost i.e., amount of increase or                Provided always that the provision of the
decrease in Rupees to be paid or recovered.                proceeding clause 10 (c) shall not be applicable for
Value of work done, worked out as indicated in Sub         contracts where provisions of this clause are
para 2 above.                                              applicable but in cases where provisions of this
                                                           clause are not applicable, the provisions of clause
                                                           10 (c) will become applicable.
wyComponent of labour expressed                as      a
percentage of the total value of the work.                          CLAUSE lOD: The contractor shall treat all
                                                           materials obtained during dismantling of a
Minimum dail_ wage in Rupees of an unskilled
                                                           structure, excavation of the site for a work etc. as
adulfmade mazdoor, as fixed under any laY\',
                                                           BSNL property and such materials shall be
statutory rule or order as on the last date on which
                                                           disposed of to the best advantage of BSNL
tenders for the work were to be received.
                                                           according to the instructions in writing issued by the
                                                           Engineer-incharge.
L1Q
                                                                   CLAUSE 10 E : The recovered rate of
Minimum wage in rupees of an unskilled adult male          cement is inclusive of cost of jute or paper bags.
mazdoor, as fixed under any law, statutory rule of         The contractor shall be at liberty to dispose the
order as applicable on the last day of the quarter         empty bags.
previous to the one during which the escalation is
being paid.
                                                                   CLASE 10F (i) : Tendered rates are
                                                                                                                53
        (7) The following principles will be followed    inclusive of all taxes and levies payable under the
while working out the compensation as per Sub-           respective statues. However pursuant to the
para 6 above.                                            constitution (forty sixth amendment) Act, 1982, if
                                                         any further tax or levy is imposed by statues, after
                                                         the date of receipt of tenders, and the contractors
LJ                                                       thereupon necessarily and properly pays such
                                                         taxes/levies the contractor shall be reimbursed the
        (a) The minimum wage of an unskilled             amount so paid provided su'ch payment, if any, is
male mazdoor mentioned in sub-para 6 above shall         not in the opinion of Superintending Engineer,
be the higher of the following two figures, namely       (whose decision shall be final and binding
those notified by Govt. of India, M/O Labour and         attributable to delay in executing of work within the
those notified by the local administration, both         control of the contractor.
relevant to the place of work and the period
ofrecokening.
                                                                 (ii) The contractor shall keep necessary
         (b) The escalation for labour also shall be
                                                         books of accounts and other documents for the
paid at the same quarterly intervals when
                                                         purpose of this condition. as may be necessary and
escalation due to increase in cost of materials
                                                         shall allow inspection of the same by a duly
and/or P.O.L. is paid under this clause. If such
                                                         authorised representative of BSNL and further shall
revision of minimum wages takes place during any
                                                         furnish such other information/documents as the
such     quarterly   intervals,    the    escalation
                                                         Engineer-in-charge may required. .
compensation shall be payable for work done in all
quarters subsequent to the quarter in which the
revision of minimum wages takes place.                   14. The contractor shall within a period of 30 days
                                                         of imposition of any further tax or levy. Pursuant to
         (cj Irrespective of variations in minimum
                                                         the constitution (Forty Sixth Amendment) Act 1982
wage of any category of labour, for the purpose, of
                                                         give a written notice thereof to the Engineer-in-
this clause, the variation in the rates for an
                                                         charge that the same is given pursuant to this
unskilled adult male mazdoor alone shall form the
                                                         condition together with all necessary information
basis for working out the escalation compensation
                                                         relating thereto.
payable on the labour component,.
         (8) In the event of the price of materials
and or wages of labour required for execution of                   CLAUSE 11 : The contractor shall execute
work decrease(s) there shall be downward                 the whole and every part of the work in the .most
adjustment of the cost of work so that such price of     substantial and workman like manner and both as
materials and!       or wages oflabour shall             regards materials and otherwise in eVery respect in
be.deductable from the cost of work under this           strict accordance with the specifications. The
contract and in this regard the formula herein           faithfully to the designs, drawings and instructions
before stated under this clause 10 (cc) shall mutatis    in writing in respect of the work signed by the
mutandis apply, provided that.                           Engineer-in-charge and the contractor shall be
                                                         furnished free of charge one copy of the
         (i) no such adjustment for the decrease in      specification and of all such design, drawings and
the price of materials and or wages of labour afore      instructions as
mentioned would be made in case of contracts in
which the stipulated period of completion of the
work is six months or less:
                                                         cost of the above portion of work put to tender.
are not included in the Central Public Works
Department compilation entitled "Specifications
1996 Vol. r to VI ..with upto date correction slips or            (iv) If the rates for the altered, additional or
any other printed publication on General                 substituted work cannot be determined in the
Specifications referred to elsewhere in the contract.    manner specified in sub-clauses (i) to (ii) above,
         CLAUSE 12: The Engineer-in-charge shall         then the rates for such work shall be worked out on
have power to make any alter.ations in ommission         the basis of the schedule of rates of the concerned
from, additions to or substitutions for, the original    work specified above minus/plus the percentage as
specifications, drawings, designs and instruction        mentioned in clause 12 (iii) above which the total
that may appear to him to be necessary during the        tendered amount of the concerned component
progress of the work and contractor shall carry out      work to the estimated cost of the entire work put to
the work in accordance with any instructions which       tender. Provided always that if the concerned
may be given to him inwriting signed by the              component rate for a particular part or parts ofthe
Engineerin-charge,     and      such      alterations,   item is not in the schedule of Rates, the rate for
omissions, additions or substitutions shall not          such part or parts will be determined by the
                                                                                                                              54
invalidate the contract and any altered, aliditional or                 Engineer-in-charge on the basis of the prevailing
substituted work which the contractor may be                            market rates when the work was done.
directed to do in themanner above specified as part
of the work shall be carried out by the contractor on                             v) If the rates for the altered, additional or
the same conditions in all respect on which he                          substituted work cannot be determined in the
agreed.to do the main work. The time for the
                                                                        manner, specified in sub-clauses (i) to (iv) above,
completion of the work shall be extended in the
                                                                        then the contractor shall within 7 days of the date of
proportion that the altered, additional or substituted
                                                                        receipt of order to carry out the work, inform the
work bears to the original contract work' and the
                                                                        Engineerin-charge of the rate which it is his
certificate of the Engineer-in-charge shall be
                                                                        intention to charge for such class of work,
conclusive as to such proportion. Over and above
                                                                        supported by analysis of the rate or rates claimed,
this, further period to the extent of 25 percent such
                                                                        and the Engineer-in-charge shall determine the rate
extensions shall be allowed to the contractor. The
                                                                        or rates on the basis ofprevailing market rates and
rates for such additional, altere_ or substituted
                                                                        pay the contractor accordingly. However the
work under this clause shall be worked out in
                                                                        Engineer-in-charge, by notice in writing, will be at
accordance with the following provisions in their
                                                                        liberty to cancel his order to carry out such class of
respective order
                                                                        work and arrange to carry it out in such manner as
                                                                        he may consider advisable. But under no
         (i) If the rates for the additional altered or                 circumstances the contractor shall suspend the
substituted work are specified in the contract for the                  work on the plea of non-settlement of rates of items
work the contractor is bound to carry out the                           falling under the clause.
additional altered or substituted work at the same
rates as are specified in the contract for the work.
                                                                                 (vi) Except in case of items relating to
                                                                        foundations, provisions contained in sub-clause(i)
         (ii) If the rates forthe additional, altered or
                                                                        to (v) above shall not apply to contract or
substituted work are not specifically provided in the
                                                                        substituted items as individually exceed the
contract for the work, the rates will be derived from
                                                                        percentage set out in the tender documents
the rates for a similar class of work as are specified
                                                                        (referred to herein below as deviation limit), subject
in the contract for the work.
                                                                        to the following restrictions :

              (iii) If the altered, additional or substituted                   (a) The deviation limit referred to above is
works include any work for which no rate is                             the act effect(algebrical sum) of all additions and
specified in the .contract for the work and cannot                      deductions ordered.
be derived from the similar class of. work in the
contract, then such work shall be carried out at the                            _(b)      In     no  case    shall  be
rates entered in C.P.W.O. Schedule of rates                             additions/deductions (arithmetical sum) exceed
....................................................... applicable to   twice the deviation limit.
............. for part A & B items ofworks.
                                                                                 (c) The deviations ordered on items of any
(a) CPWO schedule of rates for building portion                         individual trade not already included in the contract
minus/plus... .. . .. . percentage which the total                      shall not exceed plus/minus 50% ofthe value ofthat
tendered amount of the concerned component                              trade in the contract as a whole or half the
work bears to the estimated cost of tlJ.e concerned                     deviation limit, whichever is less.
component work put to tender.

                                                                                 (d) The value of additions of item of any
             (b) CPWD schedule of rates at Minus/Plus
                                                                        individual trade not already included in the contract
.. . ... .. . . .. . .. percentage which the total tendered
                                                                        shall not exceed 10% of the deviation limit.
amount of the sanitary, water supply and drainage
portion bears to the estimated cost of the above
portion of work put to tender.                                                  NOTE: "Individual trade" means the trade
                                                                        sections into which a schedule of quantities
                                                                        annexed to the agreement has been divided or in
         (c) CPWD schedule of Rates for                                 the absence of any such division, the individual
Minus/Plus . .. . .. .. ... percentage for which the                    sections of the C.P. W.O. schedule of Rates
total tendered amount ofthe Electrical portion bears
                                                                        specified above, such as
to the estimated
                                                                        regard to the prevailing market rates.
excavation and earth work, concrete, wood work
and joinery etc.                                                                CLA USE 13: If at any time after the
                                                                                                            55
          Therates of and such work except the           commencement of the work the BSNL shall for any
items relating to foundations which is in excess of      reason whatsoever not require the whole thereof as
the deviation limit shall be determined to in            specified in the tender to be carried out the
accordance with the provisions contained in Clause       Engineerin-charge shall give notice in writing of the
12A.                                                     fact to the contractor who shall have no claim in
         For the purpose of operation of clause          any payment of compensation whatsoever on
12(iv) the following works shall be treated as works     account of any profit or advantage which he might
relating to foundations:                                 have derived from the execution of the work in full,
         (a) For buildings, plinth level or 1.2 metres   but which he did not derive in consequence of the
above ground level whichever is lower, excluding         full amount of the work not having been carried out,
                                                         neither shall he have any claim for compensation
items above flooring and D_P.C. but including base
                                                         by reason of any alterations having been made in
concrete below the floors.
                                                         the original specifications drawings, designs and
                                                         instructions which shall involve any curtailment of
         (b) For abutments piers, retaining walls of
                                                         the work as originally contemplated.
culverts and bridges walls of water reservoirs the
bed of floor level.
         (c ) For retaining wall where floor level is
not determinate 1.2 metres above the average                      Provided that the contractor shall be paid
ground level of bed level.                               the charges on the cartage only of materials
                                                         actually and bonafide brought to the site of the
          (d) For roads, all items of excavation and     work by the contractor and rendered surplus as a
filling including treatment of sub-base and soiling      result of the abandonment or curtailment of the
work.                                                    work or any portion thereof and then taken by the
                                                         contractor, provided however, that the Engineer-in-
         (e) For water supply lines, sewer lines,        charge shall have in all such cases the option of
under ground storm water drains and similar works,       taking over all or any such materials at their
all items of work below ground level except items of     purchase price or at local current rates whichever
pipe work proper, masonary work.                         may be less.
        (f) For open storm water drains all items of
work except lining of drains.
                                                                 In the case of such stores having been
                                                         issued from BSNL stores and returned by the
         CLAUSE 12A: In the case of contract or
                                                         contractor to BSNL stores, credit shall be given to
substituted items, or additional items which result in
                                                         him by the Engineer-in-charge at rates not
exceeding the limits laid down in Sub-Clause (vi) of
                                                         exceeding those at which they were originally
Clause 12 except the items relating to foundation
work, which the contractor is required todo under        issued to him, after taking into consideration and
clause 12 above, the contractor shall, within 7 days     deduction for claims on account of any
from the receipt of order, claim revision of the rate    deterioration or damage while in the custody of the
supported by proper analysis in respect of such          contractor and in this respect the decision of the
                                                         Engineer-in-charge shall be final.
items for quantities in excess of the deviation limit,
not withstanding the fact that the rates for such
items exist in the tender for the main work or can
                                                                  CLAUSE 14 : If it shall appear to the
be derived in accordance with the provisions of
                                                         Engineer-in-charge or his subordinate in charge of
sub-clause (ii) of Clause 12, and the Engineer-in-
                                                         the work or by the chief Technical Examiner, that
charge may revise their rates,. having regard to the'
                                                         any work has been executed with unsound,
prevailing market rates and the contractor shall be
                                                         imperfect, or unskilful workmanship or with
paid in accordance with the rates so fixed. The
                                                         materials of any inferior description, or that any
Engineer-in-chargeshall, however, be at liberty to
                                                         materials or articles provided by him for the
cancel his order to carry out such increased
                                                         execution of the work are unsound or of a quality
quantities of work by giving notice in writing to the
                                                         inferior to that contracted for or otherwise not in
contractor and arrange to carry it out in such
                                                         accordance with the contract, the contractor shall
manner as he may consider advisable. But under
                                                         on demand in writingwhich shall be made within six
no circumstances the contractor shall suspend the        months of the completion ofthe work from the
work on the plea of non-settlement of rates of items     Engineer-in-charge specifying the work, materials
falling under this clause.                               or articles complained of not withstanding that the
        All   the   provisions   of   the   proceeding   same may have been passed, certified and paid for
                                                                                                              56
paragraph shall equally apply to the decrease in         forthwith rectify, or remove and reconstruct the
the rates of iteins for quantities in excess of the      work so specified in whole or in part, as the case
deviation limit, notwithstanding the fact that the       may require or as the case may be remove the
rates forsuch items exist in the tender for the main     materials or articles so specified and provide other
work or can be derived in accordance with the            proper and suitable materials or articles at his own
provisions of subclause (ii) of the preceeding           proper charge and cost; and in the event of his
clause 12, and the Engineer-in-charge may revise         failing todo so within a period to be specified by the
such rates having                                        Engineer-in-charge in his demand aforesaid, then
                                                         the contractor shall be liable to pay compensation
                                                         at the rate of one percent on the estimated amount
tender for everyday not exceeding ten days, while        put to
his failure to do so shall continue and in the case of
any such failure, the Engineer-in-charge may rectify     same good at his own expense, or in default the
or remove and reexecute the work or remove and           Engineer-in-Charge may cause the same to be
replace with others, the materials or articles           made good by other workmen and deduct the
complained of as the case may be at the risk and         expense from any sums that may be due or at any
expense in all respects of the contractor.               time thereafter may become due to the contractor
                                                         or from security deposit, except for the potion
                                                         pertaining to asphaltic work which is governed by
                                                         sub para (iii) of Clause 35 or the proceeds of sale
                                                         thereof or of a sufficient portion thereof. The
         CLAUSE 15 : All work under or in course         security deposit of the contractor, except for the
of execution or executed in pursuance of the             portion pertaining to asphaltic work which is
contract shall at all times be open to inspection and    governed by sub para (iii) of Caluse 35, shall not be
supervision of the Engineer-in-charge and his            refunded before the expiry of twelve months (six
authorised subordinates, and the contractor shall at     months in the case of any work other than road
all times during the usual working hours and at all      work costing Rs. 1,00,000 and below) after the
other times at which reasonable notice of the            issue of the certificate final or otherwise, of
intention of the Engineer-in-charge or his               completion of work, or till the final bill has been
subordinate to visit the works shall have been given     prepared and passed whichever is later. Provided
to the contractor, either himselfthe present to          that in the case of road work, if in the opinion of the
receive order and instructions, or have a                Engineer-in-Charge half of the security deposit will
responsible agent duly accredited in writing present     be refundable after six months and the remaining
for that purpose. Orders given to the contractor's       half after twelve months ofthe issue ofthe said
agent shall be considered to have the same force         certificate of completion or after the final bill has
as if they had been given to the contractor himself.     been prepared and passed whichever is later.
The work during its progress can also be inspected
by the chief Technical Examiner on behalf of the
Engineer-inCharge.
                                                                  CLAUSE 18: The contractor shall supply
                                                         and provide at his own cost all materials, (except
                                                         such special materials, if any, as may in
         CLAUSE 16: The contractor shall give not        accordance with the contract be supplied from the
less than seven days notice in writing to the            Engineer-inCharge's       stores)    plant,    tools,
Engineerin-Charge or his authorised subordinate in       applicances, implements, ladders, cordage, tackle,
charge of the work before covering up of otherwise       scaffolding and temporary works requisite or proper
placing beyond the reach of measurements any             for the proper execution of the work, whether
working order that the same may be measured and          original, altered or substituted and whether
correct dimensions thereof be taken before the           included in the specification or other documents
same is so covered up or placed beyond the reach         forming part of the contract or referred to in these
of measurement and shall not cover up and place          conditions or not, or which may be necessary for
beyond the reach of measurement any work                 the purpose of satisfying or complying with the
without the consent in writing of the Engineer-in-       requirements of the Engineer-inCharge as to any
charge or his authorised subordinate in charge of        matter as to which under these condition he is
                                                         entitled to be satisfied or wh.ich he is entitled to
the work who shall be covered up or placed beyond
                                                         require together with carriage therefore to and from
the reach of measurement without such notice
                                                         the work. The contractor shall also supply without
having been given or the Engineer-in-Charge's
                                                         change the requisite number of persons with the
consent being obtained the same shall be
                                                         means and materials, necessary for the setting out
uncovered at the contractor's expense, or in default
                                                         works, and counting, weighing and assisting in the
there of no. payment or allowance shall be made
                                                                                                              57
 for such work or the materials with which the same       measurement or examination at any time and from
 was executed.                                            time to time of the work or materials. Failing his so
                                                          doing the same may be provided by the Engineer-
                                                          incharge at the expense of the contractor and the
          CLAUSE 17: If the contractor or his
                                                          expense may be deducted, from any money due to
 working people or servants shall break, deface
                                                          the contractor under the contract and/of from his
 injure or destroy any part of building in which they
                                                          security deposit or the proceeds of sale thereof, of
 may working of any building, road, road Kerb,
                                                          or a sufficient portions thereof.
 fence, enclosure, water pipe, cables, drains,
 electric telephone post or wires, trees, grass,
 grassland or cultivated ground contiguous to the
 premises on which the work or any part of its is                  CLAUSE 18 A: In every case in which by
 being executed, or if any damages shall happen to        virtue of the provisions of Section 12, sub-section(i)
 the work while in progress, from any cause               of the Workmen's Compensation Act 1923 BSNL is
 whatever or, if any defect, shrinkage or other facts     obliged to pay compensation to a workman
 appear in the work within twelve months (6 months        employed by the contractor, in execution of the
 in the case of any work other than road work             works. BSNL will recover from the contractor the
                                                          amount of the compensation so paid; and without
 costing Rs. 1,00,000 and below) after a certificate
                                                          prejudice to the rights of the BSNL under Section
 final or otherwise of its completion shall have been
                                                          12 sub-section (ii) of the said Act. BSNL shall be at
 given by the Engineer-in-Charge as aforesaid
                                                          liberty to recover such amount or any part
 arising out of defective or improper materials of
                                                          thereofby deducting it from the security deposit or
 workmanship the contractor shall upon's leceipt of
                                                          from any sum due by BSNL
 a notice in writing on that behalf make the

                                                          any amount from the minimum wage payable to the
                                                          workmen as and by way of commission or other
  to the contractor whether under this contract or
                                                          wise.
  otherwise BSNL shall not be bound to contest any
  claim made against it under section 12, sub-section
  (i) of the said Act, except on the written request of          The contractor shaH ensure that no
  the contractor and upon his giving to BSNL full         amount by way of commission or otherwise is
  security for all costs for which BSNL , might           deducted or recovered by the Jama_ar from the
  become liable in consequence of contesting such         wage ofworkmen.
  claim.
            CLAUSE 18 B: In every case in which by                (b) The contractor shall, not withstanding
  virtue of the provisions of the Contract Labour         the provisions of any contract to the contrary,
  (Regulation and Abolition) Act 1970 and of the          cause to be paid fair wage to labour indirectly
  Contract Labour (Regulation and Abolition) Central      engaged on the work, including any labour
  Rules, 1971 BSNL is obliged to pay any amounts of       engaged by his subcontractors in connection with
  wages to a workman employed by the contractor in        the said work, as if the labour had been
  execution of the works, or to incur any expenditure     immediately employed by him.
  in providing welfare and health amenities required
  to be provided under the above said Act and the                   (c) In respect of all labour directly or
  Rules, under Clause 19H or under the contractors'       indirectly employed in the works for performance of
  Labour Regulations, or under the Rules framed by        the contractor's part of this agreement the
  Government from time to time for the protection of      contractor shall comply with or cause to be
I health and sanitary arrangement for workers             compiled with the Contractors Labour Regulations
  employed by the contractors BSNL will recover           made by Government from time to time in regard to
  form the contractor the amount of wages so paid or      payment of wages, wage period deductions from
  the amount of expenditure so incurred; and without      wages, recovery of wages not paid and deductions
  prejudice to the rights of the BSNL under section       unauthorisedly made; maintenance of wage book_
  20 sub section (2) and section 21, sub section (4)      or wage slips, publications of scale of wages and
  of the contractor Labour (Regulation and Abolition)     other terms of employment inspection and
  Act 1970. BSNL shall be at liberty to recover such      submission of periodical returns and all other
  amount of any part thereof by deducting if from the     matters of the like nature or as per the provisions of
  security deposit of from any sum due by BSNL to         the Contract Labour (Regulation and Abolition) Act,
  the contractor whether under this agreement             1970 and the Contract Labour (Regulation and
  otherwise BSNL shall not be bound to contest any        Abolition)    Central    Rules,    1971,    wherever
  claim made against it under section 20, sub-section     applicable.
  (l) and section 21, sub-section (4) of the said Act,
  except on the written request of the contractor and            d) The Divisional Officer concerned shaH
  upon his giving to the BSNL full security for all       have the right to deduct the moneys due to the
                                                                                                                58
  costs for which BSNL might become liable in             contractor any sum required or estimated to be
  contesting such claim.                                  required for making good the loss suffered by a
            CLAUSE 19: The contractor shaIl obtain a      women workers or by reason ofnon_fulfilment of
  valid licence under the contract Labour (R&A) Act       the conditions of the contract for the benefit of the
                                                          workers non-payment of wages or of deductions
            1970 and the Contract Labour (Regulation      made from his or their wages which are not justified
  and' Abolition) Central Rules, 1971 before the          by their terms of the contract or non observance of
  commencement of the work and continue to have a         the Regulations.
  valid licence until the completion of the work.
           Any Failure to fulfil this requirement shall
                                                                  e) The contractor shall comply with the
  attract the penal provisions of this contract arising   provisions of the payment of Wages, Act,1956
  out of the resultant non-execution of the work.         Minimum Wages Act 1948, Employees Liability Act
                                                          1938, Workmen's compensation Act 1936 Industrial
            CLAUSE 19A: No labourer below the age         Disputes Act 1947, Maternity Benefits Act 196 I and
    of eighteen years shaH be employed on the work.       the Contractor's Labour (Regulations and Abolition)
                                                          -.Act 1970 or the modifications thereof or any other
                                                          laws relating thereto and the rules made there
             CLAUSE 19B : Payment of wages: (a)
                                                          under from time to time.
   The
  -contractor shall pay to labour employed by him
   either directly or through sub-contractors, wages               f) The Contractor shall indemnify BSNL
   not less than fair wages as defined in the             against payments to be made under and for the
   contractor's Labour Regulations or as per the          observance of the Laws aforesaid and the
   provisions of the contract Labour (Regulations and     contractors, Labour Regulation without prejudice to
   Abolition) Act 1970 and the Contract Labour
                                                          his rightto claim indemnity fromhis sub-contractors.
   (Regulation and Abolition) central Rules 1971,
   wherever applicable. The contractor shall pay not
   less than fair wages as prescribed under minimum
   wages Act.                                                      (g) The regulations aforesaid shall be
                                                          deemed to be a part of this contract and any
           Short Note: Supreme Court's observation        breach thereof shall be deemed to be a breach of
                                                          this contract.
  dated 18-9-1982:
                                                                    CLAUSE 19C: In respect oflabour directly
          Whatever is the minimum wage for the            or indirectly employed in the work for the
  time being or if the wage payable is higher than        performance of the contractors part of this
  such wage, shaH be paid by the _contractor to the       agreement, the contractor shall at his own expense
  workman directly without the intervention of            arrange for the safety provisions as per safety code
  Jamadar and that Jamadar shaH not be entitled to        framed time to time and shaH at his own expense
  deduct or recover                                       provide from all.
                                                          facilities in connection therewith. In case the
                                                          contractor fails to make arrangement and provide
  A plenty of Rs. 200 for each default and in addition    necessary facilities aforesaid he shall be liable to
  the Engineer-in-Charge shall beat liberty to make       pay
  arrangement and provide facilities as aforesaid and
                                                          Shall be regulated as follows :
  recover the costs incum_d in that behalf ITom the
  contractor.                                             1. LEAVE:
                                                          (0 In case of delivery, maternity leave not
                                                          exceeding 8 weeks, 4 weeks upto and including the
           CLAUSE 19D: The contractor shaH                day of delivery and 4 weeks following that day.
  submit, by the 4th and 19th of every month, to the
  Engineer-incharge a true statement showing, in                  (i0 In the case of miscarriage uptCi 5
  respect of the second half of the proceeding month      weeks from the date ofmiscarriage.
  and the first half of the current month respectively:
  I) The number oflabours employed by him                 Maternity benefit rules for female workers
      on the work.                                        employed by contractor
  2) Their working hours.
  3) The wages paid to them.                              2.PAY:
  4) The accidents that occurred during the said
  fortnight showing the circumstances under which         (i) In the case of delivery... ... ... ..leavepay during
  they happened and the extent of damage and injury       maternity leave will beat the rate of the women's
  caused by them, and                                     average daily earnings, calculated on the total
5) The number offemale workers who have been              wages earned on the days when full time work was
  allowed Maternity benefit according to Clause 19F       done during a period of 3 months immediately
                                                          preceeding the date on which she gives notice that
                                                                                                                   59
and the amount paid to them.                             she expect to be confined or at the rate of Rupee
          Failing which the contractor shall be liable   one only a day which ever is greater.
t_ pay to BSNL a sum not exceeding Rs. 200 for                   (ii) In case of miscarriage. . . . .. . . . .leave
each default of materially in correct statement. The     pay at the rate of average daily earning calculated
decision of the Divisional Officer shall be final in     on the total wages earned on the days when full
deducting from any bill due to the contractor the        time work was done during a period of 3 months
amount levied as fine.                                   immediately proceeding the date of such
CLAUSE 19E: In respect of all labour directly or         miscarriage.
indirectly employed in the works for the
performance of the contractor's .part of this
agreement, the contractor shall comply with or
cause to be complied with all the rules framed by
                                                              3. CONDITIONS FOR THE GRANT OF
Government from time to time for the protection of
health and sanitary arrangements for workers             MATERNlTYLEAVE :
employed by the BSNL (civil wing) and its                         No maternity leave benefit shall be
contractors.                                             admissible to a woman unless she has been
                                                         employed for a total period of not less than 6
                                                         months immediately proceeding' the date on which
                                                         she proceeds on leave.      '
                                                                  4. The contractor shall maintain a Register
                                                         of Maternity (Benefit in the prescribed form as
                                                         shown below and the same shall be kept at the
                                                         place of work.




                            CLAUSE 19F: Leave and pay during leave
            REGISTER OF MATERNITY BENEFITS (Clause 19F of the conditions of contract)

Name    and   address   of   the  contractor(s)                 Name      and       location    of     the      work
____________________________________

Name                                       of                                       the
employee___________________________________________________________________________

Nature of employment Father/Husband Name Nature of Employement Period of                                   Date of
which
                                                               Actual                           notice of
                                                               Appointment                      Confinement
given
        1                         2                         3                   4                      5


                         Date on which maternity leave commenced and ended

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

        6                         7                         8                   9                      10
                                                                                                            60
                                      Leave pay paid to the emplovee

         In case of delivery                              In case of miscarriage           Remarks
 Rate of leave pay        Amount paid             Rate of leave pay                 Amount paid

         11                      12                       13                14                    15

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



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




          CLAUSE 19 G: In the event of the              the Engineer-in-charge shall have the power to
 contractor(s) committing a default or breach of any    provide the amenities herein before mentioned at
 of the provisions of the BSNL contractors Labour       the cost of the contractor(s). The contractor(s) shall
 Regulations and Model Rules, and Provision of the      errect, make and maintain at his/their own expense
 Central Labour (Regulation and abolition Central       according andlto approved standards aII necessary
 Rules 1970 and contract labour (R & A) Central         huts and sanitary arrangements required for
 Rules 1971 for the protection of health and sanitary   his/their work people on the site in connection with
 arrangements for the workers as amended from           the execution of the works and if the same shall.
 time to time or furnishing any information or          not have been errected or constructed, according
 submitting or filing any statement under the           to approved standards the Engineer-in-charge shall
 provision of the above Regulations and Rules           have power to give notice in writing to the
 which is materially incorrect, he/they shall without   contractor( s) requiring that the said huts and
 prejudice to any other liability pay to the BSNL a     sanitary arrangements be
 sum not exceeding Rs.200 for every default,
 breach or furnishing making, submitting, filing such   remodelled and/or reconstructed according to
 materially incorrect statements and in' the event of                                      J
 the contractor(s) defaulting continuously in this      approved standards, and if the contractor(s) shall
 respect, the penalty may be enhanced to Rs.200         fail to remodel or reconstruct such huts and
 per day for each day of default subject to a           sanitary arrangement according to approved
 maximum of 5 percent of the estimated cost of the      standards, within the period specified in the notice
 work put to tender. The decision of the Engineer-in-   the Engineer-incharge shall have the power to
 charge shall be final and binding on the parties.      remodel or construct such huts and sanitary
                                                        arrangements according to approved standards at
                                                                                                                 61
                                                            the cost of the contractor(s).
           Should it appear to the Engineer-in-charge                CLAUSE 19 H: The contractor(s) shall at
  that the contractor(s) is/are not properly observing      his/their own cost provide sufficient numbers of
  and complying with the provisions of the                  prefabricated dormitories/quarters for construction
  contractor's Labour Regulations and Model Rules           labour (thereinafter referred as the camp) of the
  and the provisions of the contract Labour                 following specifications so as a suitable plot of land
  Regulation and abolition Act 1970 and the Contract        to be approved by the Engineer-in-charge.
  Labour (R&A) Central rules 1971 fo{ the protection
  of health and sanitary arrangement for the works                    I. (a) The minimum height of each pre-
  people employed by the contractor(s) (hereinafter         fabricated dormitorie quarters for construction
  referred as "the said Rules") the Engineer-in-            labour at the caves level shall be 2.10 mt (7 ft) and
  charge shall have power to give notice in writing to      the floor area to be provided will be at the rate of2.7
  the contractor(s) requiring that the said Rules be        sq.mt. (30 sq:ft.) for each member of the workers
. complied with and the Amenities prescribed therein
                                                            family staying with the labourers.
  be provided to the work people within a reasonable
  time to be specified in the notice. If the                (b) The contractor(s) shall in addi_ion construct
  contractor(s) shall fail within the period specified in   suitable cooking places having a minimum area of
  the notice to comply with and observe the said            1.80 m x 1.50 m (6'x5'),adjacent to the pre-
  Rules and to provide the amenities to the work            fabricated domitories/quarters for construction
  people as aforesaid,                                      labour for each family.



                                                            Authorities. If trenching or incineration is not
 (c) The contractor(s) shall construct                      al1owed,      the     contractor(s)    shall  make
 sufficient number of bathing and washing places,           arrangements for the removal of the excreta
 one unit for every 25 person residing in camp.             through the Municipal Committee/authority and
 These bathing and washing places, shall be                 inform it about the number of labourers employee
 suitably screened.                                         so that arraugements may be made by such
                                                            committee/authority for the removal of the excreta.
           (d) The contractor(s) shall also construct       All charges on this account shall beborne by the
 temporary latrines and urinals, for the use of the         contractor and paid direct by him to the Municipality
 labourers each on the scale of not less than four          authority. The contractor shall provide one sweeper
 per one hundred of the total strength, separate            for every 8 seats in case of dry system.
 latrines and urinals being provided for women.
                                                                    6. Drainage - The contractor(s) shall
           2. (a) All the pre-fabricated quarters/
                                                            provide efficient arrangement for drainage away
 dormitories for construction shall have walls ofburnt
                                                            sullage water so as to keep the camp neat and tidy.
 brick laid in mortar or other suitable local materials
 as may be approved by the Engineer-in-charge.                       7. The contractor(s) shall make necessary
 The external surface of walls shall be plastered           arrangements for keeping the camp area
 with cement morta 1:6 (1 cement: 6 fine sand). The         sufficiently lighted to avoid accidents to the
 plinth of pre-fabricated dormitories/quarters for          workers.
 construction labour shall be at least 150 mm above
 the surrounding ground. The flooring shall be offlat               8. Sanitation - The contractor(s) shall make
 bricks laid on well consolidated earth base. The           arrangements for conservancy and sanitation in the
 roof slab laid with AC Sheet and wooden                    labour camps according to the rules of the Local
 runners/tabular sections. The contractor shall             Public Health and Medical Authorities.
 ensure that throughout the period of their                         CLAUSE 19-1 : The Engineer-in,charge
 occupation the roofs remain water-tight.                   may require the contractor to dismiss or remove
                                                            from the site of the work any person or persons in
          (b) The contractor(s) shall provide each          the contractors' employ upon the work who may be
 prefabricated dormitories quarters for construction        incompetent or misconduct himself and the
 labour with proper ventilation, consisting of              contractor shall forth with comply with such
 windows of honey comb brick work just below the            requirements.
 roof projection.
                                                                    CLAUSE 19-J: It shall be the responsibility
          (c) All doors windows and ventilators shall       of the contractor to see that the building under
 be provided with suitable battened and braced              construction is not occupied by any body
 shutters for security purpose.                             unauthorisedly during construction and to handover
                                                            to the Engineer-in-charge vacant possession of
                                                                                                               62
         (d) There shall be kept an open space or          complete building. If such building though
at least 7.2 mt. (8 yards) between the rows of pre-        completed, if occupied illegally then Engineer-in-
fabricated dormitories/quarters for construction           charge will have the option to refuse to accept the
labour which may be reduced to 6mt. (20ft.)                said building/buildings in that position and delay
according to the availability of site with the approval    acceptance on this account will be treated as delay
of the Engineer-il1"-charge back to back                   in completion and for such delay upto 5% of the
construction will be allowed.                              estimated cost put to tender may be imposed by
                                                           the Superintending Engineer whose decision shall
                                                           be final both with regard to the justification and
          3. Water supply: The contrctor(s) shall          quantum.
provide adequate supply of water for the use of
labourers. The provisions shall not be less than 2                 However the Superintending Engineer may
gallons of pure and wholesome water per head per           require the contractor through a notice to remove
day for drinking purposes and 3 gallon of clean            the illegal occupation any time on or before
water per head per day for bathing and washing             construction and delivery.
purpose. Where piped water supply is available,
supply shall be at stand posts and where the
supply is from well or river, tanks which may be of
metal or masonary, shall be provided. The                           CLAUSE -20: The contractor shall comply
contractor(s) shall also at his/their own cost make        with all the provisions of the Minimum Wages Act,
arrangements for laying pipelines for water supply         1948, Contract Labour (Regulation and Abolition)
to his/their labour camp from the existing mains           Act, 1970 and rules framed there-under labour laws
'wherever available, and shall pay all fees charges        affecting contract Labour that may be brought into
therefor.                                                  force from time to time.


        4. The site selected for the camp shall be
                                                           CLAUSE - 21 : The contract shall not be assigned
high ground, removed fromjungle.                           or sublet without the written approval of
                                                           become insolvent or commence any insolvency for
                                                           subletting this contract, or attempt so to do, or
         5. Disposal of Excreta ... ................ The
                                                           become insolvent or commence any insolvey
contractor(s) shall make necessary arrangements            proceeding or make any composition with creditors
for the disposal of excreta from the latrines by           or attempt so to do, or if any bribe gratuity, or
trenching or incineration which shall be according         otherwise, shall either directly or indirectly, be
to the requirements laid down by the Local Health
                                                           of his duties as BSNL servant he had expressed
given promised or offered by the contractor, or any        view on all or any of the matters in dispute or
of his _ervants or agent to any public officer or          difference. The arbitrator to whom the matter is
person in the employ o(BSNL in any way relating to         originally referred being transferred or vacating his
his officer or employment, or if any such officer or       office or being unable to act fOf any reason, such
person shall become in any way directly or                 Chief Engineer or administrative head as aforesaid
indirectly interested in the contract, the Engineer-in-    at the time of such transfer, vacation of office or
charge on behalf of the BSNL shall have power to           inability to act shall appoint another person to act
adopt any of the course specified in Clause "3 as          as arbitrator in accordance with the terms of the
he may deem, best suited in the interest of the            contract. Such persons shall be entitled to proceed
BSNL and in the event of any of these courses              with the reference from the stage at which it was
being adopted the consequences specified in the            left by his predecessor. It is also a term of this
said Clause 3 shall ensure.                                contract that no person other than a person
                                                           appointed by such Chief Engineer or administrative
         CLAUSE 22 :c All sums payable by way of           head of the civil wing, as aforesaid should act as
compensation under any of these conditions shall           arbitrator and if for any reason, that is not to be
be considered as reasonable compensation to be             referred to arbitration at all. In all cases where the
applied to the use of BSNUwithout reference to the         ambunt ofthe claim dispute is Rs.75,000 (Seventy
actual loss or damage sustained and whether or             five thousand) and above the
not any damage shall have been substained.                 arbitrator shall give reasons for the award.
        CLAUSE 23 : Where the contractor is a              ,.
partnership firm, the previous approval in writing of               Subject as aforesaid the provisions of the
the Engineer-in_charge shall be obtained before            Arbitration and concialation Act,1996, or any
any change is m(!pe in the constitution of the firm.       statutory modification or re-enactment thereof and
                                                                                                               63
Where the contractor is an individual or a Hindu        the rules made thereunder and for the time being in
undivided family business concerp such approval         force shall apply to the arbitration proceeding under
as aforesaid shall likewise be obtained before the      this Clause.
contractor enters into any partnership agreement                It is a term of the Contract that the party
where under the partnership firm would have the         invoking arbitration shall specify the dispute or
right to carry out the work hereby undertaken by        disputes to be referred to arbitration under this
the contractor. If previous approval as aforesaid is    clause together with the amount or amounts
not obtained, the contract shall be deemed to have      claimed in respect of each such dispute.
been assigned in contravention of Clause 21,
hereof and the same consequences shall ensure
as provided in the said Clause 21.                                It is also the term of the contract that if the
                                                        contractor(s) does/do not make any demand for
                                                        arbitration in respect of any claim (s) in writing
                                                        within 90 days of receiving the intimation from the
         CLAUSE 24: All works to be executed            BSNL that the bill is ready for payment, the claim of
under the contract shall be executed under the          the contractor(s) will be deemed to have been
direction and subject to the approval in all respects   waived and absolutely barred and BSNL shall be
of the Engineer-in-charge who shall be entitled to      discharged and released of all liabilities under the
direct at what point or points and in what manner       contract is respect of these claims.
they are to be commenced, and from time to time
carried on.
                                                                  The decision of the Superintending
                                                        Engineer regarding the quantum of reduction as
          CLAUSE 25: Except where other wise            well as justification thereof in respect of rates for
provided in the contract all questions and disputes     substandard work which may be decided to be
relating to the meaning Of the specifications,          accepted will be final and would not be open to
                                                        arbitration. It is also a term of contract that no
designs, drawings and instructions herein before
                                                        person other than person appointed by such chief
mentioned and as to quality of workmanship or
                                                        Engineer as above said should act as arbitrator and
materials used on the work or as to any other
                                                        if for any reason that is not possible the matter is
question claim, right, matter or thing whatsoever in
                                                        not to be referred to arbitrator at all.
any way arising out of or relating to the contract,
designs, drawings, specifications, estimates,
instructions, orders or these conditions or otherwise
concerning the works, or the execution or failure to           The arbitrator(s) may trom time to time with
execute the same whether arising during the             the consent of the parties enlarge the time for
progress of the work or after the completion or         making and publishing the award.
abondonment thereof shall be referred to the sole
arbitration of the person appointed by the Chief
                                                                 It is also term of contract that no person
Engineer, Civil Wing. In charge of the work at the
                                                        other thim person appointed by the. Chief Engineer
time of dispute or ifthere be no Chief Engineer, the
                                                        as above said should act as arbitrator and iffor any
administrative head of the said BSNL at the time of
                                                        reason that is not possible the matter is not to be
such appointment. It will be no objection to any
                                                        referred to arbitration at all.
such appointment that the arbitrator so appointed is
a BSNL servant that he had to deal with the
matters to which the contract relates and that in the           CLAUSE 26: The contractor shall fully
course                                                  indemnify the BSNL against any action, claim or
                                                        proceeding, relating to infringment or use of any
                                                        sum of money or moneys so with-hold or retained
                                                        under the lien referred to above, by the Engineer-
patent or design or any alleged patent or design        incharge or will be with held 01: retained of such by
rights and shall pay any royalties which may be         the Engineer-in-charge till the claim arising out of or
                                                        under the contract is deterined by the Arbitrator. (if
payable in respect of any article or part thereof
                                                        the contract is governed by the Arbitration Clause)
included in the contract. In the event of any claims
                                                        by the competent court, as the case may be and
made under or action brought against BSNL in
                                                        the contractor will have no claim for interest or
respect of any such matters as aforesaid the
                                                        damage whatsoever on any account in respect of
contractor shall be immediately notified thereof and
                                                        such with holding or retention under the lien
the contractor shall be at liberty, at his own
                                                        referred to above and duly notified such to the
expense, to settle any dispute or to conduct any
                                                        contractor for the purpose of this clause where the
litigation that may arise there-from. Provided that
                                                                                                             64
 the contract shall not be liable to indemnify the        contractor is a partnership firm or a Limited
 BSNL, if the infringment of the patent or design         Company the Engineer_ in-charge shalt be entitled
 right is the direct result of an order passed by the     to with hold and also have a lien to retain towards
 Engineer-in-charge in this behalf.                       such claimed amount or amounts in whole or in
                                                          part from any sum found payable to any
                                                          partner/limited company as the case may be
                                                          whether in his individual capacity or otherwise.
          CLAUSE 27: When the estimate on which
 a tender is made includes lumpsum in respect of
 parts of the work the contractor shall be entitled to
                                                                    (2) BSNL shall have the right to cause an
 payment in respect ofthe items of work involved or
                                                          audit and technical examination of the works and
 the part of the work in question at the same rates,
                                                          the final bills of the contractor including all
 as are payable under this contract for such items;
                                                          supporing vouchers abstract, etc., to be made after
 or if the part of the work in question is not in the
                                                          payment of the final bill and if as a result. of such
 opinion .of the Engineer-in-Charge capable of
                                                          audit and technical examination any sum is found
 measurement, the Engineer-in-Charge m_y_at his
                                                          to have been over paid in respect of any work done
 discretion pay lump sum amount entered in the
                                                          by the contract or under the contract of any work
 estimate, and the certificate in writing ofthe
                                                          claimed by him to have been done by him been
 Engineer-in-Charge shall be final and conclusive
                                                          under the contract and found not to have been
 against the contractor with regard to any sum or
                                                          executed the contractor shall be liable to refund the
 sum payable to him under the provisions of the
                                                          amount of over payment and shall be lawful for
 Clause.
                                                          BSNL to recover the same from him in the manner
                                                          prescribed in sub clause (i) of this clause or in any
                                                          other manner legally permissible;
                                                          and if it is found that the contractor was paid less
           CLAUSE 28: In the case of any class of
                                                          than what was due to him under the contract in
  work for which there is no such specification as is
                                                          respect of any work executed by him under it, the
  mentioned in Rule I, such work shall be carried out
                                                          amount of such under payment shah be duly paid
  in accordance with the distinct specification and in
                                                          by BSNL to the contractor. For the purpose of this
- the event of there being no distinct, specification,
                                                          clause where the contractor is a partnership firm or
  then in such case the work shall be carried out in
                                                          a limited company the Engineer-in-charge of the
  all respects in accordance with the instructions and
                                                          BSNL shall be entitled to with hold and also have a
  requirements of the Engineer-in-charge.
                                                          lien to retain towards such claimed amount or
                                                          amounts in whole or in part from any sum found
           CLAUSE 29 : (l) with holding & lein in         payable to any partner/ limited company as the
 respect of sums claimed:- Whenever any claim or          case may be whether in his individual capacity or
 claims for payment of sum of money arises out of         otherwise.
 or under the -contract. against the contractor, the      Provided that BSNL shall not be entitled to recover
 Engineer-in-charge shall be entitled to withhold and     any sum overpaid nor the contractor shall entitled
 also have a lien to retain such sum or sums in           to payment of any sum paid short where such
 whole in part from the security, if any deposited by     payment has been agreed upon between the
 the contractor and for the purpose aforesaid the         Superintending Engineer or Executive Engineer on
 Engineerin-charge shall be entitled to with hold the     the one hand and the contractor on the other under
 security deposit, if any furnished as the case may       any term of the contract permitting payment for
 be and also have a lien over the same pending            work after assessment by the Superintending
 finalisation or adjudication of any such claim. In the   Engineer or the Executive Engineer.
 event of the. security being insufficient to cover the
 claimed amount or amounts or if no 'security has
 been taken from the contractor, the Engineer-in-
 charge shall be entitled to with hold and have a lien        CLAUSE 29A ; A lien in respect of claims in set
 to retain to the extent of such claim amount or          of Clause other contracts.
 amounts referred to above, from any sum or sums
 found payable or which at any time thereafter may        '
 become payable to the contractor under the same                 Any sum of money due and payable to the
 contract with the Engineerin-charge of the BSNL of       contractor (including the security deposit returnable
 any contract person through the Engineer-in-             to him) under the contract may be with held or
 charge pending finalisation or adjuciation of any        his/their own arrangements for unfiltered water
 such claim.                                              required for the work and nothing extra will be paid
                                                          for the same. This will be subject to the following
                                                                                                                65
                                                           conditions:
It is an agreed term of the contract that the
                                                                    0) That the water used by the contractor (s)
                                                           shall be fit for construction purposes, to the
retained by way of lien by the Engineer - in - charge      satisfaction of the Engineer-in-charge.
or any other contracting person or person through,                  (ii) Unfiltered water required for the
Engineer-in-charge against any claim of the
                                                           execution of work may be supplied to the contractor
Engineerin-charge of such other person or persons
                                                           at the discretion of the Divisional Officer on the
in respect of payment of a sum of money arising
                                                           following conditions:
out or under any other contract made by the
contractor with the Engineer-in-charge of the BSNL
                                                                    (1) Payment by the Contractor 1 % of the
or with such other person or persons.
                                                           total cost ofthe entire work done under the contract.
         It is an agreed term of the contract that the
sum of money so withheld or retained under this                    (2) The Contractor (s) shall make his/their
clause by the Engineer-in-charge orthe BSNL will           own arrangements for water connection and laying
be kept withheld or retained as such by the                of pipe lines form existing mains or source
Engineerin-charge or till such claim arising out of        ofsupply. It should be clearly understood that BSNL
the same contract or any other contract is either          do not guarantee to maintain uninterrupted supply
mutually settled or determined by the Arbitration          of water and it will be incumbent on the contractor
clause or by the competent court, as the case may          (s) to make alternative arrangements forfwater at
be and that the contractor shall have no claim for         his/her own cost in the event of any temporary
interest or damages whatsoever on this account or          break down in the BSNL water main so that
any other ground in respect or any sum of money            progress of his/their work is not held up for want of
withheld or retained under this clause and duly            water. No claim of damages or refund of water
notified as such to the contractor.                        charges will be entertained on account of such
                                                           breakdown.
        CLAUSE 30 :The contractor shall not
employ coal mining or controlled area labour falling                (3) Where there is Municipal unfiltered or
under any category whatsoever on or in connection          filtered water pipe line and the water is taken ITom
with the work or recruit labour from area within a         this source, the contractor shall approach the
radius of 32 Km. (20 miles)of the controlled area          concerned Municipality direct for the supply ofwater
subject as above the contractor shall employ               and pay the charges directly to the Municipality.
imported labour only i.e., deport imported labour or
labour imported by contractors ITom area, ITom                     (iii) The contractor shall be solely
which import is permitted.                                 responsible to obtain 'p' form the Municipal
         When ceiling price for imported labour has        Corporation get it signed from the Engineer-in-
been fixed by State or Regional Labour
                                                           charge submit the same to the Municipal authority,
Committees not more than that ceiling price shall
                                                           purse vigorously the clearance of the form with the
be paid to the labour by the contractor.
                                                           Municipal     Authority obtain    the    necessary
                                                           permission for connection from the Corporation,
                                                           and get the temporary water connection to the site
         The contractor shall immediately remove           in a meticulous way, and the delay if any in this
any labourer who may be pointed out by the                 connection shall not be valid ground for seeking
Engineer-in-Charge as being a coal ming or                 time extension under Clause 5 of contract.
controlled area labourers. Failure to do so shall
render the contractor liable to pay to BSNL a sum               CLAUSE 32 (I) : Where there is no piped water
calculated at the rate of Rs.I 0 per day per labourer.     supply arrangement and the water is taken by the
The certificate of the Engineer-in-Charge about the        contractor from the wells or hand pumps
number of coal mining or controlled area labour            constructed by the BSNL no charge shall be
and the No. of days for which they worked shall be         recovered from the -             contractor on the
final and binding upon parties to this contract.           account.                         The contractor shall,
                                                           however, draw water at such hours of the day that
                                                           it does not interfere with the normal use for which
         It is declared and agreed between the             the hand pumps and wells are intended. He will
parties that the aforesaid stipulation in this clause is   also be responsible for all damages and obnormal
one in which the public are interested within the          repairs arising out of his use, the cost of which shall
meaning of the exception of Section 74 of Indian           be recoverable from him. The Engineer-in-charge
contract Act, 1972.                                        shall be the final authority to determine the cost
                                                                                                             66
                                                         recoverable from the contractor on this account.
"Controlled Area"
                                                                  (ii) The contractor shall be allowed to
       Explanation                                       construct temporary wells in BSNL land for taking
means the following area:                                water from construction purposes only after he has
       District of Manbhum, Hozaribagh, Jumtra           got permission of the Engineer-in-charge in writing.
                                                         No charges sha)l be recovered form the contractor
Sub-Division of Santa I Paraganas.
                                                         on this account, but the contractor shall be required
       District ofBankura, Birbham, Burdwan,
                                                         its extent in this regard and his decision, shall be
                                                         final and binding on the contractor.
District ofBilaspur.                                              (c) The plant and machinery as stipulated
Any other area which may be declared as                  above will be issued as and when available and if
"Controlled Area" by or with the approval of the                  required by the contractor. Roller when
Central Government.                                      required should be obtained ftom the BSNL. The
                                                         contractor shall arrange his programme of work
CLAUSE 31: The contractor(s) shall make                  according to the availability of the plant and
to provide necessary safety arrangement to avoid         machinery and no claim, whatsoever, will be
any accidents or damage to adjacentbuildings             entertained from him for any delay in supply by the
roads and service lines. He shall be responsible for     BSNL.
any accidents or damage caused due to                             (d) Mechanical concrete mixers for mixing
construction and subsequent maintenance of the           the mortar and concrete will be supplied by the
wells and shall restore the ground to its original       BSNL if any available, and if so required by the
condition after the wells are dismantled on              contractor BSNL stores at          ... and contractor
completion of the work.
                                                         shall bear the
                                                         cost of its cartage from the store to the site of the
         CLAUSE 33: Not withstanding any thing           work and back.
contained the contrary in any or all of the clauses of
this contract, where any materials for the execution              The mixer shall be made over and taken
of the contract are procured with the assistance of      back at the mixer shed and hire charges shall be
BSNL either by issue from BSNL stocks or                 recovered at Rs ..... per day from the day the mixer
purchase made under orders of permits or licenses        is made over to the date of its return irrespective of
issued by the BSNL, the contractors shall hold the       its being put into use or not except for the major
said materials economically and so lely for the          break down. During which period hire charge shall
purpose of the contract and not dispose of them          not be recovered the break down for a period offull
without the permission of the BSNL and return,           day or more shall be considered as major break
ifrequired by the Engineer-in-charge, all surplus or     down. The certificate of the Engineer-in-charge for
unservicable materials that may be left with him         the period of break down shall be final and binding
after the completion of the contract or at its           on the contractor.
termination for any reason whatsoever on being
                                                                  The contractor shall have to engage a full
paid or credited such price as the Engineer-in-
                                                         time chowkidar for watch and ward of the concrete
charge shall determing having due regard to the
                                                         mixer and shall be responsible for its safety. The
condition of the materials. The price allowed to the
                                                         Chowkidar for safe guarding the road rollers shall
contractor however shall not exceed the amount
                                                         be employed by the contractor when these are
charged to him excluding the storage charge ifany.
                                                         hired out to him and they shall sign an agreement
The decision of the Engineerin-charge shall be final
                                                         indeminif)1ing the BSNL against any loss or
and conclusive in the event of breach of the
                                                         damage caused to the machine either during
aforesaid condition the contractor shall in addition
                                                         transist or at the site ofwork.
to throwing himself open to action for contravention
of the terms of the licence to permit and/or for
criminal breach of trust, be liable to BSNL for all              (e) The hire charge shown above are for
moneys, advantages or profits resulting or which in      each day of 8 hours (inclusive ofthe one hour lunch
the usal course would have resulted to him by            break) or part thereof. In case of steam road roller,
reason of such breach.                                   the period of8 hours will be inclus,ive oftime
                                                         required to make up the boiler pressure before start
                                                         of work and to lower the boiler pressure at the
               CLAUSE 34 (a): The following plant        close ofwork.
and machinery required for the work will be issued
to the contractor on hire on conditions given below :            (f) Hire charge will include services of
                                                         operating staff as required and also supply of
                                                                                                             67
                                                          lubricating oil and stores for cleaning purposes and
                                                          steam coal not exceeding 1.25 quintals to light upto
                                                          the steam road roller when issued. Power fuel of
S,No.            Description Hirecharge perday
                                                          approved type firewood, kerosine oil, etc., for
                                                          running the plant and machinery against any loss
                                                          damage shall be arranged by the contract who
(i)
                                                          shall be full responsible for the safeguard and
                                                          security of plant and machinery. The contractor
(ii)                                                      shall on or before supply of plant and machinery
                                                          sign an agreement indemnifying the BSNL against
                                                          any loss or damage caused to the plant and
         (b) Plant and machinery when supplied            Machinery either during transit at the site of work.
shall be made over and taken back at the                           (g) Ordinarily, no plant and machinery shall
departmental equipment shed at ... .. . . . .. .. ..and   work for more than 8 hours a day inclusive of one
the contractor shall bear the cost of their carriage      hour lunch break. In case of an urgent work
from the shed to the site of work and back. The           however, the Engineer-in-charge may at his
contractor shall be responsible to return the plant       discretion, allow the plant and machinery to work
and machinery with condition in which it was              for more than normal
handed over to him caused to the said plant and
machinery _t the site of work or else where in
operation and otherwise during transit including
damage to or loss of plants and for all losses due
t6"'his failure to return the same soon after the         employed by the contractor himself, log book for
completion of the work for which it was issued. The       such rollers shall be maintained in the same
Division Engineer shall be the sole judge to              manners as is done in case ofBSNL rollers
determine the liability ofthe contractor and              maximum Quantity of any item to be consolidated
                                                          for each roller day shall be also be same as in
                                                          Anrtexure to clasue 34 (j) for less use of rollers
                                                          recovery for less rollers day shall be made at the
                                                          stipulated issue rate.
                                                                   (m) The hire charge shall be recovered at
period of 8 hours a day. In that case, the hourly hire    the prescribed rates trom and inclusiv.e of the date
charges for overtime to be borne by the contractor        of plant and machinery is made over upto and
shall be 50% more than the normal proportionate           inclusive of the date of its return in good orders
hourly charges (l/8Ih of the daily charges) subject       even though the same may not have been working
to a minimum of half day's normal charge on any           for any cause except for major break down due to
particular day. For working out hire charges for          no fault of the contractor or faulty use, requiring
overtime a period of less than half an hour and           more than 3 working day continuously (Le.
above will be charged as one hour and a pedod of          excluding intervening holidays and sundays) to
less than half an hour will be ignored.                   bring the plant in order. The contractor shall
         (h) The contractor shall release the plant       immediately intimate in writing to the Engineer-in-
and machinery every 10m day for periodical                Charge when any plant or machinery gets out of
servicing and/or wash out which may be for about          order requiring major repairs as aforesaid. The
three or four hours or more. He shall also provide        Engineer-in-Charge shall record the date and time
for a labour and water that may be required for           ofreceipt of such intimation in the log sheet of the
wash out of steam rollers. Hire charges for full day      plant or machinery. Based on this if the breakdown
shall be recovered from the contractor for the day        occurs before which the period of Major breakdown
of servicing/wash out irrespective of the period          will be computed considering half a day break on
employed in servicing/ wash out.                          the day of complaint if this breakdown occurs in the
         (i) The plant and machinery once issued to       post lunch period of major breakdown will be
a contractor shall not be returned by him or lack of      computed starting trom the next working day. In
a arrangements of labour, material, etc., on his          case of any dispute under this clause the decision
part, the same will be returned only when they            of the Superintending Engineer shall be final.
require major repairs or when in the opinion ofth6                CLAUSE 35 (I): The contractor undertakes
Engineerin-charge the work or portion of work for         to make arrangements for the supervision ofthe
which the same issued is completed.                       work by the finn supplying the tar or bitumen used.
                                                                   (ii) The contractor shall collect the total
         (j) Log book for recording the hours for         quantity of tar or bitumen required for the work as
                                                                                                               68
recording the hours of daily work for each of the        per-standard formula, before the process of
plant and machinery supplied to the contractor will      painting started and shall hypothecate it to the
be maintained by the BSNL and will be attested by        Engineer-inCharge. If any bitumen or tar remain
the contractor or his authorised agent daily. In case    unused on completion of the work on account of
the contractor contests the correct-ness of the          lesser use of material in actual execution for
entries and/or fails to sign the log book the decision   reasons other than authorised changes or
of the Engineer-in-Charge shall be final and binding     specification and abandonment portion of work, a
on him. Hire charges will be calculated according to     corresponding deduction equivalent to the cost of
the entries in the Log book and will be binding on       unused materials as determined by the Engineer-
the contractor. Recovery on account of the hire          in-Charge shall be made and the material returned
charges for road roller shall be made for the            to the contractor. Although the materials are
minimum number of days worked out on the                 hypothecated to BSNL the contractor undertakes
assumption that a roller can consolidate per day         the responsibility for their proper watch safe
and maximum quantity of materials of area of             custody and protection against all risks.
surfacing as not noted against each in the annexed
statement. (see attached annexure)                       Conditions relating to asphaltic materials

        (k) In the case of concrete mixers, the                   The contractor shall not be removed trom
 contractor shall arrange to get the hopper cleaned      site of work with out the consent of the Engineer-in-
   .and drum washed at the close of the work each        Charge in writing.                 '
                              day or each occasion.               (iii) The contractor sh_1I be responsible for
                                                         rectifYing defects noticed within a year trom the
         (I) The contractor shall be responsible to      date of completion of the work and the portion of
return the plant and machinery in the condition in       the security deposit relating to asphaltic work shall
which it was handed over to him and he shall be          be refunded after the expiry of this period.
responsible for all damage caused to the said plant
and machinery at the site of work or elsewhere in
                                                         CLAUSE 36-1: For Building and Road
operation or otherwise or during transit including
damage to or loss parts, and for all losses due to       Works
his failure and return the same soon after the
completion of the work for which it was issued. The              The contractor shall employ the following
Divisional Engineer shall be the sole judge to           technical staff during the execution of the work :
determine the liability of the contractor and its
extent in this regard and his decision shall be final
and binding on the contractor.
                                                                 The technical staff should be available at
                                                         site, whenever required by Engineer-in-charge to
In case of rollers for consolidation are                 take instructions.


                                                                  In case the contractor fails to employ the'
                                                         technical staff as aforesaid, he _luill be liable to pay
                                                         a reasonable amount not exceeding Rs.1500/-
(i)      One Graduate Engineer when the                  (Rupees one thousand and five hundred only) for'
tendered cost of work to be executed is more than        each month of default.
Rs.IO lakhs (Rupees ten lakhs only).                              The decision of the Engineer-in-charge as
         (ii)    One qualified diploma holder            to the period for which the required technical staff
(overseer) and having experience of not less than 3               was not employed by the contractor and as
years when the tender cost of work to be executed        to the reasonableness of the amount to be
is more than Rs.5 lakhs (Rupees five lakhs only)         deducted on this account shall be final and binding
but less than Rs.lO lakhs (Rupees ten lakhs only).       on the contractor as to the amount and the
         (ill)   One qualified diploma holder            contractor's liability to pay the said amount.
(overseer) when the tendered cost of work to be          III. For Electrical Works:
executed is more than Rs.2lakhs (Rupees two                        The Contractor shall employ the following
lakhs) but less than Rs.5 lakhs (Rupees five lakhs       technical staff during the execution of this work.
only).                                                             (i) One qualified Graduate Engineer
         The technical staff should be available at      possessing a Degree from a recognised University
                                                                                                                  69
 site, whenever required by Engineer-in-charge to                   in Electrical Engineering and having
 take instructions.                                        experience of
          In case the contractor fails to employ the                not less than 3 years or a Diploma holder
 technical staff as aforesaid, he shall be liable to pay   in Electrical Engineering with not less than 7 years
 a reasonable amount not exceeding a sum                   experience when the tendered cost of the work to
 ofRs.3,OOO/ - (Rupees three thousand only) for            be executed is more than RS.l.5 lakhs (Rupees one
 each month of default in the case of Graduate             lakh and fifty thousand only).
 Engineer and Rs.I ,500/ - (Rupees One thousand                     (ii) One qualified Diploma Holder
 and five hundred only) for each month of default in       (overseer) in Electrical Engineering and having
 the case of qualified Diploma Holder (overseer).          experience of
            The decision of the Engineer-in-charge as      not less than 3 years or a Graduate Engineer in
 to the period for which the required technical staff      Electrical Engineering with 2 years experience,
 was not employed by the contractor and as to the          when the tendered cost of the work to be executed
 reasonableness of the amount to be deducted on            is more than Rs.75,OOO (Rupees Seventy five
 this account shall be final and binding on the            thousand only) but less than Rs.I.5 lakhs (Rupees
 contractor as to the amount and the contractor's          one lakh and fifty thousands only).
 liability to pay thesaiq amount.
                                                                    (iii) One qualified Diploma Holder
           1.       There shall be no objection if an      (Overseer) in Electrical Engineering and having
  Engineer, Overseer looks after more than one work        experience of not less than 3 years, when the
  provided the total value of works under him does         tendered cost of work to be executed is more than
  not exceed Rs.20 lakhs in case of an Engineer and        Rs.37,OOO/(Rupees thirty seven thousand only)
  Rs.IO lakl1sin case of an overseer.                      but not less than Rs.75,OOO/- (Rupees Seven five
           2.       It is not necessary for a contractor   thousand only).
. or a partner in case of firm/company who is himself
  an Engineer/Overseer to employ another Engineer/                  (iv) One licensed supervisor having
  Overseer for the supervision of the works so long        experience of not less than 3 years, when the
  as the contractors/partners do work similar to that      tendered cost of the work to be executed in more
  have      been'done          by    an       employed     that Rs.7,500 (Rupees seven thousand and five
  Engineer/Overseer.                                       hundred only) but less than Rs.37,OOO/- (Rupees
           3.       The employment of technical staff      thirty seven thousand only):
  may be related to the tendered cost.
                                                                   The technical staff should be available at
        4.      A retired Engineer/Assistant               site, whenever required by Engineer-in-charge to
 Engineer who is holding diploma may be treated at         take instruction.
 par with graduate Engineer for operation ofthe
 above Clause.                                                       In case the contractor fails to employ the
                                                           technical staff as aforesaid he shall be liable to pay
                                                           reasonable amount not exceeding the amount
                                                           shown below against each for each month of
                                                           default :
 II. For Sanitary & Water Supply
                                                                   (a) In case where Graduate Engineer (E) is
 Works:                                                    required to be employed Rs.3,OOO/- (Rupees
                                                           three thousand only).
         The contractor shall employ the following
 technical staff during the e.xecution of this work:
         (i)       One qualified diploma holder            to the condition together wjth an necessary
                                                           information relating thereto.
 (overseer) with an experi_nce of not less than 5
                                                                    CLAUSE 39 : Without prejudice to any of
 years, out of which atleast one year should be in         the rights or remidies under the contract if the
 sanitary engineering of water supply works, when          contractor dies, the Divisional Officer on behalf of
                                                           the BSNL shall have the option of terminating the
 tendered cost of work to be executed is more than         contract without compensation to the contractor.
 Rs.50,000/(Rupees Fifty thousand only)                             CLAUSE 40 : The contractor shall not be
                                                           permitted to tender for works in the BSNL/Postal/
          (b) In case where qualified Diploma Holder       Civil or Elect. Circle (Responsible for award and
                                                                                                               70
Overseer in Electrical Engineering is required to be       execution job contracts) in which his near relative is
employed Rs.l ,500/- (Rupess one thousand and              posted as Divisional Accountant or as an officer in
five hundred only).                                        any capacity between the grades of the
                                                           Superintending Engineer and Asst. Engineer (both
           (c) In case where a licenced supervisor to
                                                           inclusive). He shall also intimate the names of
required to be employed Rs.750/- (Rupees seven
                                                           persons who are working with him in any capacity
hundred and fifty only).         .
                                                           or are subsequently employed by him and who are
           The decision of the Engineer-in-charge as       near relatives to any gazetted Officer in the
to the period for which the required technical staff       BSNL/Postal/ Civil or Elect. Wing. Any breach of
was not employed by the contractor and as to the           this condition by the contractor would render him
reasonableness of the amount to be deducted on             liable to be removed trom the approved list of
this account shan be final and binding on the              contractors.
contractor as to the amount and the contractor's
                                                                   Note: By the terms "near relative" is meant
liability to pay and the said amount.
                                                           wife, husband, parents and grand parents; children
           CLAUSE 36A: The contractor shall comply         and grand children, brothers and sister, uncles,
with provisions of the Apprentice Act 1961 and the         aunts and cousins and their corresponding in laws.
Rules and Order issued thereunder trom time to
time. If he fails to do so, his failure will be a breach
of contract and the Superintending Engineer may,
in his descretion cancel the contract. The                         CLAUSE 41 : No Engineer of gazetted
contractors shall also be liable for any pecuniary         rank or other gazetted officer employed in
liability arising on account of any violation by him of    Engineering or administrative duties in an
the provision of the Act".                                 Engineering Department of the BSNL is allowed to
                                                           work as a contractor for a period of two years of his
                                                           retirement from BSNL service without the previous
        CLAUSE 37: The whole work may be split             permission of BSNL. This contract is liable to be
up between two or three contractors or accepted in         cancelled if either the contractor or any of his
part and not in entirely, if considered expedient.         employee is found at any time to be such a person
                                                           who had not obtained the permission ofBSNL as
          CLAUSE 38(i) : Sales tax or any other tax        aforesaid, before submission of the tender or
on materials in respect of this contract shall             engatement in the contractor's service as the case
be'payable by contractor and BSNL shall not                may be.
entertain any claim whatsoever in this respect.
          CLAUSE 38(ii): Ifpursuantto or under any         CLAUSE 42 (i) : The contractor shall see that only
law such notification or order any royalty, cess fee       the required quantities of materials are got issued.
or the like become payable by the Govt. ofIndia and        Any such materials remaining unused and in
does not at any time become payable by the                 perfectly good condition at the time of completion
contractor to the State GovtlLocal Authorities in          or determination ofthe contract shall be returned to
respect of any material used by the contractor on          the Engineer-in-charge at a place where directed
the works there in such a case, if shall be lawful to      by him, ifby a notice in writing under his hand he
the Govt. of India and it will have the right and be       shall so require, credit for such material will be
entitled to recover the amount paid in the                 given at the prevailing market rate not exceeding
circumstances as aforesaid from the dues of the            the amount charged from him, excluding the
contractor.                                                storage charges levied at the time of issue of
                                                           materials to him. The contractor shall also not be
                                                           entitled to cartage and incidental charges for
          CLAUSE 38(iii) : The tendered rates are          returning the surplus materials from and to the
inclusive of all taxes and levies payable under the        stores wherefrom they were issued.
re.spective statues. However, pursuant to the              (ii) After the completion of the work, the theoretical
Constitution (Forty Sixth Amendment) Act 1982, if          quantity of cement to be used on works shall be
any further tax ofIevy is imposed by Statue after the      calculated on the basis of Theoretical statements
date of receipt of tender and the contractors              showIng quantities for cement to be used in
thereupon necessarily and properly pays such               different items of work provided in theDelhi
taxes/ levies the contractor shall be reimbursed the       Schedule of Rates, printed by CPWD. In case any
amount so paid, provided such payment if any, is           item is executed for which the standard constant for
not, in the opinion of Superintending Engineer             the Consumption of cement are not available in the
(whose decision shall be final and binding)                above mentioned statement or cannot be derived
attiributable to delay in execution of work within the     from this statement the same shall be calculated on
control of the contractor.                                 the basis of standard formula to be laid down by
                                                           the superintending Engineer of the concerned
       The contractor shall, keep necessary                circle. Over this theoretical quantity of cement shall
books of account and other documents for the               be allowed a variation up to 3% plus/minus for
purpose of this condition as may be necessary and          works
                                                                                                           71
shall allow inspection of the same by duly
authorised representative ofBSNL & further shall        contractor and the theoretical quantity including the
furnish such other information/documents as the         above mentioned authorised variation, if not
Engineer-in-charge may require.                         returned by the contractor shall be recovered at
                                                        twice the issue rate including storage charges
                                                        without prejudice to the relevant conditions in the
                                                        agrt;.ements regarding return of materials. In the
        The contractor shall within a period of 30      event of it being discovered that the quantity of
days of imposition of any further tax or levy,          bitumen used by the contractor is less than the
pursuant to the constitution (Forty Sixth               quantity calculated in the manner aforesaid, there
Amendment) Act 1982, give a written notice thereof      shall be no recovery for less use of bitumen. The
to the Engineer-in-charge that the same is given        agreement which provides for supply of bitumen at
pursuant                                                a fixed rate, the value of price of the difference in
                                                        the quantity of bitumen actually issued to the
the estimated cost of which as put to tender is not     contractor and the theoretical quantity including the
more than Rs.5 lakhs; and upto 2% plus/minus for        above mentioned authorised variation, if not
works the estimated cost of which put to tender is      returned by the contractor, shall be recovered at
above Rs.5 lakhs. The difference in the quantity of     twice the issue rate of bitumen including storage
cement actually issued to the contractor and            charges thereof without prejudice to the relevant
theoretical quantity including authorised variations,   conditions in the agreements regarding return of
if not returned by the contractor shall be recovered    materials governing the contract. In the event of it
at twice the issue rate without prejudice to the        being discovered that the quantity of bitumen used
provision of the relevant conditions regarding return   by the contractor is less than the quantity
of materials governing the contract. In the event of    calculated in the manner aforesaid (no variation on
it being discovered that the quantity of cement used    the lower side shall be allowed), the cost of the
is less than the quantity ascertained as herein         quantity of bitumen not so used shall be recovered
before provided (allowing variation on the minus        trom the contractor on the basis of stipulated issue
side as stipulated above) the cost of the quantity of   rate plus cartage thereofupto site.
cement not so used shall be recovered trom the
contractor on the basis of stipulated issue rate plan
cartage to site.
                                                                 (vi) The provisions made above are with
                                                        out prejudice to the right of the BSNL to take
         (iii) The provision of foregoing sub clause             action against the contractor under the
shall apply Mutatis Mutandis in the case of steel       conditions ?f the contract for not doing the work
reinforcement of structural steel section ( each        according to the prescribed specification.
diametre section or category shall be considered
separately except that the theoritical quantity of
steel shall be taken as the quantity required as per
                                                                  CLAUSE 43: The work (whether fully
design or as authorised by the Engineer-in-charge
                                                        constructed or not) and ali materials, machines,
including authorised lappages, plus 3% wastage
                                                        tools and plants, scaffolding, temporary buildings
due to cutting into pieces. Over this theoretical       and other things connected therewith shall be at
quantity 2% plus/ minus shall be allowed as             the risk ofthe contractor until the work has been
variation due to wastage being more or less.            delivered to the Engineer-in-charge and a
                                                        certificate trom him to that effect obtained. In the
         (iv)    After the completion of the work       event of the work or any materials properly brought
the actual quantity of cables (other than               to the site for incorporation in the work being
underground cables) wires, conduits/G. I. Pipes         damaged or destroyed in consequence on hostiles
G.I./M.S. sheets used in the various items of work      or war like operations, the contractor shall when
shall be calculated on the basis of the                 ordered in writing by the Engineer-in-charge,
measurements recorded in the Measurement                remove any debris trom the site, collect and
Books for purpose of payment and for assessing          properly stack or remove in store all serviceable
the consumption of materials used in work. Over         materials salvaged trom the damaged work and
the quantity of variation of 5% plus shall be allowed   shall be paid at the contract rates in accordance
for wastage of materials during the execution in        with the provision of this agreement for the work of
case of cables (other than underground cables)          clearing the site of debris, stacking or removal of
wires, conduit pipes, G.I. Pipes and 10% plus in        serviceable materials and for the reconstruction of
case of G.l.!M.S. Sheets. The difference in quantity    all works ordered by the Engineerin-charge, such
of                                                      payments being in addition to compensation upto
material actually issued to the contractor and the      the value ofthe work originally executed before
quantity recorded in the Measurement Book               being damaged or destroyed and not paid for, in
including authorised variation as stated above if not   case of work damaged or destroyed but not already
returned by the contractor shall be recovered at        measured and paid for the compensation shall be
                                                        assessed by the Divisional Officer upto Rs.5,000
twice the issue rate including storage charges and
                                                                                                               72
cartage to site without prejudice to the provisions of   and by the Superintending Engineer concerned for
the relevant conditions regarding return of the          a higher amount. The contractor shall be paid for
materials governing the contract. This should be         the damages/destruction suffered and for the
applicable to the contracts for Electrical Works         restoring the materials at the rates based on the
only.                                                    analysis of rates tendered for in accordance with
                                                         the provisions of this agreement. The certificate of
                                                         the Engineer-in-charge regarding the quality and
         (v)     After the completion of the work,
                                                         quantity of materials and the purpose for which
theoretical quantity of bitumen to be used on works
                                                         they were collected shall be final and binding on all
shall be calculated on the basis ofCPWD's
                                                         parties to this contract.
statement showing quantities of bitumen to be used
in different items of work provided in the Delhi
Schedule of Rates or in respect of agreement
                                                         CLAUSE 45: The Contractor shall comply with the
which do not provide for or authorised application
                                                         provisions of the Apprentices Act 1961 and the
of Delhi Schedule of Rates the theoretical quantity      rules and orders issued thereunder from time to
of bitumen' to be used in works shall be calculated      time. if he fails to do so, his failure will be a breach
on the basis of standard formula as laid down by         of the contract and, the superintending Engineer
Superintending Engineer of the concerned circle.         may, at his discretion, cancel the contract. The
Over the said theoretical quantity of bitumen, a         contractor shall also to liable for any pecunary
variation upto plus (excess) (2Yz%) shall be             liability arising on account of any violation by him of
allowed.                                                 the provisions of the Act.       .
                                                                   CLAUSE 46 : The percentage referred to at
         The agreement which provide for free            page ..... ,.. of the tender will be deducted
supply of bitumen the value of price of the              from/added
difference in the quantity of bitumen actually issued    to the grOss amount of the bills for work done.
to the                                                   Security deposit should not be returned till the
                                                         clearance certificate, from the Labour Office is
                                                         obtained by the contractor.

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




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

        Particulars               Quantity                 Rates at which the                  Place of Delivery
                                                   Material will be charged
                                                   To the contractor
                                                                                                                     73




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




Signature of the contractor_


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


D.O. I Contr.




          AD_mONALCONDmONNO.l                              Size               Size
                                                                     Weight                         Weight
     CONDmONSFORISSUE OF MATERIALS                                            ,
                                                        (Diametre)   KgIM         (Diametre)         KgJM
         (1), The materials will be issued from             6         0222            25             3.855
""""""""""""""""""""""""""""""""""""""'" stores
                                                            8        0.395            28             4.836
         ,.......................                          10        0.617            32             6.316
                                                           12        0.888            36             7.994
         The contractor shall bear th_ cost of
                                                           16        1.579            40             9.869
cartage, breakage and wastage :trom the stgres to
                                                                                                               ,.'
the site of works as also watch and ward at site or
work.                                                      18        1.999           45             12.490
                                                           20        2.467           50         15.42'
        (2) The contractor shall be responsible for
the safe custody of or damage of materials issued          22        2.985
to him.                                                        (b) Issue of steel of diametre above 10mm
                                                      will be regulated on sectional weight basis, weight
        (3) The steel Bars and other materials will   being calculated with the help of the above tables.
be issued in available sizes and shapes and or in     However, the bars M.S. Tor Steel upto and
coils and the contractors shall bear the cost of      including I Omm the following procedure shaH be
cutting and straightening according to the            adopted. The average sectional weight for each
requirement of the work and shall bear the cost of    diametre shall be
                                                                                                              74
cartage and wastage.                                  . arrived at ITom samples ITom each lot of steel
         (4) The rates of materials are incl_sive of received at site. The actual weight of steel issued
percentage storage charges.                             shall be modified to take into account the variations
          (5) Cement bags shall be stocked by the between the actual and the standard coefficients
contractor in separate Godown having weather given above & the contractors account will be
proof roof and wall and on a proper floor consisting debited by the cost of this modified quantity only.
of 2 layers of dry bricks laid on wall consolidated The discretion of the Engineer-in-charge shall be
earth at a level atleast one foot above the ground fmal for the procedure to be allowed for
level. These'                                           determining the average sectional weight of each
stocks shall be in rows of two bags deep and 20 lot. Quantity of each diametre of steel received at
bags high with a minimum of2'0" clear space all site of work each day will constitute one single lot
round. The bags should be placed horizontally for this purpose.
continuous in each Ii_es asshown in the
accompanying sketch.
          (6) Cement shall be kept under double lock               ADDITIONAL CONDITIONS NO. 22
system in godown fixed with one door. The key of
the lock shall remain with the representative of the             I. The rates for different items of works
Engineer-in-charge, at the site of work and that of shall apply for all heights and depths unless
the other with the contractor or his authorised otherwise specified. Nothing shall be paid for
agent. Day to day issue account of cement shall be bailing out of water if met with.
maintained by the Junior Engineer/Officer-in-                    2. The contractor must get acquainted with
Charge on the prescribed register and signed by the proposed site for works and, study
the contractor or, his authorised agent.                specifications and conditions carefully before
                                                        tendering. The work shall be executed as per the
         (7) The contractor shall construct suitable programme drawn by the Engineer-in-charge.
godown at the site of works for storing the materials            3. Any damage done by the contractor to
safe against damage of sun, rain, dampness, fire, any existing work during the course of execution of
theft etc. at his own cost.                             the work tendered for shall be made good by him at
                                                         his own cost.
       (8) He shall also employ necessary watch
and ward establishment for the purpose at his own                4. The contractor shall materials in good
cost.                                                    condition all work during execution till completion of
                                                         entire work allotted to him.
        (9) Nothing Extra shall be paid by the
                                                                  5. He shall cause the site to be cleared
BSNL on any account for straightening the steel
                                                         thoroughly of rubbish, scaffolding materials etc.
rods supplied in coils or with bends.
                                                         before the stipulated date of completion of the
        (10) The contractor has to employ sufficient     work.
labour at his cost for measurement of steel bars
                                                                  6. Royalty at the prevalent rates shall have
issued to him at the BSNL stores.
                                                         to be paid by the contractor on all the boulders,
                                                         metal, shingle, sand and bajiri etc., collected by him
        (11) The following condition shall apply as      for the execution of the work direct to the Revenue
an additional condition under general conditions in      Authority
tender documents.


         (a) The Standard sectional weights referred
to as standard tables in para 5-3 3, in specifications
for works, 1977 VoU to be considered for
conversion ofIength of various sized of M.S. bars        Superintending Engineer. If these materials are not
and Tor Steel bars into weight are as under:             required by them, they will be disposed off to the
                                                         best advantage ofBSNL.
of the State Government concerned. 'No Demand
Certificate' trom the State Authority concerned shall    ADDITIONAL CONDITION NO.6
be obtained before the fmal bills is paid, failing       Delav in obtaininl! materials bv the BSNL :
which recovery will be effected trom him at the
                                                                 Owing to difficulty in obtaining certain
prevalent market rates.
                                                         materials in the open market the BSNL have
        7. The contractor shall take all precautions     undertaken to supply materials specified on page of
                                                                                                           75
to avoid all accidents by exhibiting necessary the tender form at rates stated therein. There may
caution boards day and night, speed limit 'boards, be delay in obtaining the materials by the BSNL
red flags, red lights and providipg barriers. He ,shall and the
be responsible for all damages and accidents . contractor is, therefore required to keep himself in
caused due to negligence on his part. No hindrance touch with the day t() day position regarding the
shall be caused to traffic during the execution of supply of materials trom the Engineer-in-charge
work.                                                   and to so adjust the progress of the work that their
         8. The contractor wilfhave to work as per labour may not remain idle nor may there by an
programme drawn by the Engineer-in-charge. No other claim due to or arising trom delay in obtaining
claim whatsoever will be entertained on this the materials. It should be clearly understood that
account.                                                no claim whatsoever shall be entertained by the
                                                        BSNL on account of delay in supplying materials.

         9. The work shall be carried out in a          ADDITIONAL CONDITION NO.7
manner complying in all respects with the
requirement of relevant by laws oflocal authority of             The contractor shall have to deposit the
the plan.                                               approved paints of required colour and shades as
        10. For items pertaining to the building        per actual requirements of the work to be done with
work the specification detailed under relevant sub-     the Engineer-in-charge at his BSNL store at the site
heads for building work shall be followed.              . of work.
                                                        ADDITIONAL CONDITION NO.8
        II. Cement or cement lime mortars: The
mixing of mortars shall be done in mechanical                   The contractor shall be responsible for the
mixer operated manually or by power.                    water proffness of the roof for one full monsoon
                                                        season after the date of completion. He shall rectify
ADDITIONAL CONDITION NO.3                               the defect noticed after due intimating in writing is
                                                        given by the Engineer-in-charge failing which
         The site for disposal of surplus excavated     Engineer-in-charge shall get the defects repaired at
earth should be indicated in the first instance. This   the contractor's risk and Cost.
may be done after assessing the requirements of
other BSNL work etc. Incase this is not possible        ADDITIONAL CONDITION NO.9
then the contractor may be allowed to dispose of
the surplus earth on his own and a condition may
                                                        "Water supplv and Sanitary work"
be inserted in the agreement that the contractor will
be permitted to sell the surplus earth. Executive       The contractor shall engage licenced plumber, for
Engineer may assess the position and introduce          the work and get the materials tested by the
suitable condition in the NIT accordingly.              Municipal authorities whenever required at their
                                                        own cost. The work shall be carried out according
ADDITIONAL CONDITION NO.4
                                                        to the Municipal by-laws and .the contractor shan
                                                        produce necessary certificate from Municipal
_.                                                      authorities after completion of work.
Samples of typical portions of work repetitive
                                      ,                 ADDITIONAL CONDITION NO.1 0
nature such as typical room, toilet room, staircase
corridor, lot by and entrance hall or any other work             The contractor shall have to deposit water
desired by Engineer-in-charge shall be prepared by      proofing compound for item mentioned as per the
the Contractor under the direction and to the           actual requirements for the water proofing job with
satisfaction ofEngineer-in-charge and got approved      the Engineer-in-charge at his BSNL stores at the
trom the Engineer-in-charge in writing before the       site ofwork.
commencement of these items for the entire work.
                                                                The water proofmg compound will be
         The work shall be so arranged to be
                                                        issued to the contractor trom time to time according
carried out that these requirements are observed
                                                        to his requirements for the work in the same
and fulfilled without any detriment to the general
                                                        manner as the issue of materials stipulated to be
progress of work or on any of the terms and
                                                        issued.
conditions of all contract. No claims of any kind
whatsoever including the claims of extension of         ADDITIONAL CONDITION NO. 11
time will be entertained due to the incorporation of    Inconvenience to public
this requirement.
                                                        The contractor shall not deposit materials on any
                                                        site which will seriously inconvenience the public.
                                                                                                            76
         ADDITIONAL CONDITION NO.5                      The Engineer-in-charge may require the
        The contractors, in course of their work/       encroachments costs of restoration etc. and all
should understand that all materials (eg. stone and     other fees payable to the local authorities.
other materials) obtained in the work of dismantling
excavation etc., will be considered BSNL property
and issued to the contractor (ifthey require the        ADDmONAL CONDITION NO.19
same for their own use) at rates approved by the
contractor to remove any materials which are            ,
considered by him to be a danger or inconvenience                Where surplus earth of a suitable quality
to the Public or cause them to be removed at the        exists at the site of work the contractor shall be
contractor's cost.                                      allowed to use the same free of cost making
                                                        mudmortars, for masonary and laying and terracing
                                                        over the roof. The Engineer-in-charge shall be the
ADDITIONAL CONDITION NO.12                              final authority to decide whether the earth obtained
                                                        from excavating is surplus or not.
        Any damage to work resultin_ from rains or
from any other cause until the work is taken over by
the BSNL after completion will be made good by          ADDITIONAL CONDITION NO.20
the Contractor at his own cost.
                                                               Concrete will be mixed with mixers either
                                                        operated by hand or mechanical.
ADDITIONALCONDITIONNO.13

        The contractor shall deposit royalty and        ADDITIONAL CONDITION NO.21
obtain necessary permit for supply of red Bajiri
stone kankar etc, from local authorities.                       The contractor shall not employ women
                                                        and men below the age of 18 on the work of
                                                        painting with products containing lead, in any form
ADDITIONAL CONDITION NO. 14
                                                        wherever men above the age of 18 are employed
                                                        on the work of lead painting, the following principles
         The contractor shall get himself acquainted
                                                        must' be observed for such use.
with the nature and extent of the work and satisfy
himself about the availability of quarry and of kiln
                                                                 (a) White lead, Sulphate or lead of pro
for collection and conveyance of materials required
                                                        ducts containing these pigments shall not be used
for the construction. The contractor's quoted rate
                                                        in painting operation except in the form of paste or
should take into account all these factors and will
                                                        of paint ready for use.
not be allowed any extra lead for collection and
conveyance of materials for any reason
whatsoever.
                                                                (b) Measures shall be taken in order to
ADDITIONAL CONDITION NO.IS                              prevent danger arising from application of paint in
                                                        the form of spray.
        Security deposit should not be paid till
clearance certificate from labour officer is obtained           (c) Measures shall be taken wherever
by the contractor.                                      practiceable against danger arising from dust
                                                        caused by dry rubbing down and scrapping.
ADDITIONAL CONDITION NO.16
                                                                (d) Adequate facilities shall be provided to
        The contractor will be permitted to set up      enable working painters to wash during and on
Labour camp only before a week from the                 cessation of work.
commencement of work and not exceeding fifteen
days after the completion ofthe work.                           (e) Overalls shall be worn by working
                                                        painters during whole of the working period.

ADDmONALCONDITIONNO.17                                          (t) Suitable arrangements shall be made to
                                                        prevent clothing put off during working hours being
          Cooly camps shall not be erected at the       soiled by painting materials.
site of the work nor any labour shall be allowed to
live at site. Cooly camps should be erected only on            (g) Cases of lead poisoning and suspected
one of                                                  lead poisoning shall be notified and shall be
the sites set apart for this purpose. This site shall
                                                                                                            77
be taken on lease by the contractor and in additiori   subsequently verified bya medical team appointed
to the ground rent the contractor shall have to pay    by the competent authority of the BSNL.
small """""""""""'" charge to the Health Department
for the services, rendered by the staff of the                (h) The BSNL may require, when
Department.                                            necessary, a medical examination of workers.


- ADDITIONAL CONDITION NO.18                                    (i) Instructions with regard to the special
                                                       hygenic precaution to be taken in the painting trade
.         The contractor shall confirm to the          .shall be distributed to working painters. .
provision
of only Government Acts. which relate to works and
to the regulations and by the laws of any local
authorities. The contractors shall give all notice
required by the said acts or laws etc. Pay all fees
payable to such authorities and allow for these
contingencies in his tendered rates including fees
for

                                         SPECIALCONDITIONS

ADDITIONALCONDITIONFOR NON-                            (a) In case of temporary water connection
RESIDENTIAL BUILDINGS:                                 from Municipal main:
                                                                Water charges and sewerage charges
         Samples of typical portions of work of        (incidential to water used for construction
repetative nature such as typical room, toilet room,   purposes)
staircase, corridor, lobby and entrance hall of any
                                                               have    to      be      borne     by        the
other works desired by Engineer-in-charge shaIl be
                                                       Contractor/Agency.                              .
prepared by the contractor under the directions to
the satisfaction of Engineer-in-charge and get                 (b) Water used from other sources.
approved from the Engineer-in-charge writing
before the commencement of these items for the                 Prior permission for using for the
entire work.                                           construction purposes has to be obtained from
         The work shaIl be so arranged to be           Municipal Corporation/Local Bodies by the.
carried out that these requirements are observed       Contractors/Agency. Water charges Sewerage
and fulfiIled with out any decriments to the general   charges if any, and other charges for use of water
progress of work. In other words, this will not be     from other sources for Construction purposes have
aIlowedto have any effect on the general progress      to be borne by the contractors/Agency.
of work or any of the terms on and conditions of the   3.   FOR FLOOR LEVELS OF TECHNICAL
contract No claim of extension of time will be         ROOMS:
entertained due to the incorporation ofthis
requirement.                                                    The floor of technical rooms in the Auto
                                                       Exchange building shall be provided in such a way
SPECIAL CONDITION           FOR      RESIDENTIAL       that the following limits would not be exceeded:
QUARTERS :                                                     (a) "f.he levels at any place when checked
The contractor shall put up one sample quarter or      over a distance of one metre in any direction shaIl
each type complete in all respects according to the    not show variation in floor level in excess of3 mm.
directions of the Engineer-in-charge within a period
0£'90 days from the date of commencement of the                (b) The levels if checked over a distance of
work failing which the Engineer-in-charge shaIl        4 metres in any direction shaIl not be found to
have the power to levy penalty/compensation at the     exceed 5mm.
rate of Rs.50/- per day till the sample quarters are
complete. In the meanwhile the structural and other             (c) The maximum permissible variation in
cladding works in other parts ofthe structure may      the levels at any two points in the same room shaIl
be continued. The contractor shall be required to      not be more than 8mm.                      .
incorporate such modifications that may be found
                                                              The above specifications are additional to
necessary by the Engineer-in-charge during the         the normal specifications for flooring as laid in the
course of inspection and approval of the sample
                                                                                                                          78
quarters of each type. The sample quarters shall be      CPWD specifications 1977 VoLI.
part of the main lot of construction. After carrying
out the amendments the approved sample quarters
                                                                  In cases where technical rooms are
shall be retained. No extra claim or extra payment
                                                         located in ground floor directly over the plinth filling,
over and above admissible under the agreement            the laying of lean concrete to under floors should
whatsoever shall be payable to the contractor on         be properly done and controIled in such a way that
account of making and getting approved sample            the final finished floor levels will satisfY the above
quaters as above.                                        said requirements.

          Further finishing work shaIl be carried out    4. FOR WATERPROOFING TREATMENT
accordingly or as desired by Engineer-in-charge
only after the sample quarters have been approved              GUARANTEE TO BE EXECUTED BY
in writing by the Engineer-in-charge.                    CONTRACTORS FOR REMOVAL OF DEFECTS
                                                         AFTER COMPLETION OF WATER PROOFING
         The work shall be so arranged to be             WORKS:
carried out that these requirements are observed
and fulfiIled without any decriment to the general       This             agreement            made
progress of work in other words this wiIl not be all     this______________________________
owed to have any effect on the general progress of       day                   of               two
work or any of the terms and conditions of the
                                                         ____________________________________
contract                                       .         thousand             and           between
       Conditions regarding the payment of water         ___________________________
Charges, Sewerage Charge, etc. in connection with        of
the Water used for construction purpose:                 _________________________________________
                                                         __

        Both the water charges (if any) plus             of ____________ (herein-after called the
sewerage charges, incidential to water used for          Guarantor of the one part) and the BSNL
construction purposes shaIl have to be borne by          (hereinafter caIled the BSNL of other part).
the Contractors/Agency under the foIlowing cases.                WHEREAS                THIS     agreement     is
                                                         supplementary to a contract (hereinafter called the
                                                         contract) dated ................ and made between the
to render the buildings and structures in the said       GUARANTOR of the one part and the B,SNL of the
contract recited completely water leak-proof.            other part hereby the contractor interalia, under
        AND WHEREAS THE GUARANTOR                        took
agree to give a guarantee to the effect that the said
                                                         of the notice trom the Engineer-in-charge calling
a structures will remain water and leak proof for.
                                                         upon him to rectify the defects failing which the
TEN years from the date of giving of water proofing
                                                         work shal1 be got done by the BSNL by someother
treatment.
                                                         contractor at
                                                         the GUARANTOR'S cost and risk. The decision of
         NOW       THE     GUARANTOR            hereby   the Engineer-in-charge as to the cost, payable by
guarantees that water proofing treatment given by        the Guarantor shall be final and binding.
him will render the structures completely leak proof
                                                                 That if the Guarantor fails to execute the
and the minimum life, of each water proofing
                                                         water proofing or commits breach thereunder then
treatment shal1 be five years to be reckoned trom        the guarantor will identify principal and his
the date after the maintenance period prescribed in      seccessors against al1 loss damage, cost expense
the contract provided that the guarantor will not be     or otherwise which may be incurred by reason of
responsible for leakage caused by earthquake or          any default on the part of the GUARANTOR in
structural defects or misuse of roof or alteration and   performance and observance of this supplementary
for such purpose.                                        agreement. As to the amount of loss and / or
         (a) Mouse ofroofshal1 mean any operation        damage and/or cost incurred by the BSNL the
which will damage roofing treatment like chopping        decision of Engineer-incharge will be final and
of fire wood things of the same nature which might       binding on the parties.
cause damage to the roof.
                                                              IN WITNESS where of these presents have
         (b) A_teration shal1 mean construction of       been           executed             by         the      de I igator
an additional storey or a part of the roof or            ---------------------------------------------------- and by
construction adjoining the existing roof whereby-        ................................................... and for and on
proofing treatment removed in parts.                      behalf of the BSNL on the day month and year first
                                                                                                           79
                                                                                              above written.
         (c) The decision of the Engineer-in-charge
with regard to cause of leakage shal1 be final.                SIGNED, sealed and delivered               by
         During this period of Guarantee the                   (OBLIGATOR) in the presence of
guarantor shal1 make good al1 the defects and in       1
case of any defect being found render the building     2
water proofto the satisfaction ofthe Engineer-in-
charge at his cost and shal1 commence the work
                                                       Signed for an on behalf of the BSNL by in         the
for such rectification within seven days trom the
                                                       presence of:
date of issue

                                                       I.
                                                       2.



                                   5. FORANTITERMITE TREATMENT

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

This agreement made this                                         During this period of guarantee the
day of ------------------------- on two thousand and   guarantor shal1make good al1 defects and in case
between (hereinafter called the guarantor of the       of
one part) and the BSNL (hereinafter cal1ed the         any defect being found render the buildings trom
BSNL of the other part) WHEREAS THIS                   any infestation of termites to the satisfaction of the
AGREEMENT is supplementary to a contract               Engineer-in-charge at his own cost and shall
(hereinafter cal1ed the contract dated and made        commence the work for such rectification within
between the Guarantor oftheone part and the            seven days trom the date of issue of the notice
BSNL ON THE OTHER PART where by the                    trom the Engineer-in-charge calling upon him to
contractor interalia under took to render the          rectify the defects failing which the work shaIl be
buldings and structures in the said contract           got done by BSNL by some other contractor at the
completely tree trom any infestationoftermites. AND    GUARANTOR'S cost and risk. The decision of the
WHERE AS THE GUARANTORS agre(':d to give               Engineer-in-charge as to the cost, payable by the
gurantee to the effect that the said structures will   guarantor wil1 be final and binding. That if the
remain free .from any infestation of term its for a    Guarantor fails to execute the antitermite
minimum period of ten years from the date of           preconstruction termite or commits breach there
completion of giving antitermite preconstruction       under then Guarantor will indendtify the princip31
treatment.                                             and his successors against all loss, dama.;e cc :;t,
NOW THE GUARANTOR: hereby guarantee that               expense or otherwise which may be incurred by
the antitermite preconstruct ion treatment by him      him by reason of any default on the part of the
will render the structures completely tr_e from any    Guarantor in performance and observance of this
infestation of termites and the minimum life of such   supplemental agreement. As to the amount of loss
antitermite preconstruction period prescribed in the   and or damage and or cost incurred by the BSNL
contract.                                              the decision of the Engineer-in-charge will be final
                                                       and binding on the parties.




IN WITNESS WHEREOF these presents have                 discharges this guarantee.
been executed by the obligator               -
                  and by                                       5.We, --further (indicate the name of. the
                  and for on behalf of the BSNL        Bank) agree with the BSNL that the BSNL shall
on the day, month and year first above written         have the fullest liberty without our consent and
Signed Sealed.and delivered (Obligator) in the         without affecting in any manner our obligations
presence :                                             hereunder to vary any of the terms and conditions
                                                       of the said Agreement or to extend time of
SIGNED for and on behalf of the BSNL by                performance by the said contractor(s) from time to
Contractor Executive Engineer.                         time or to postpone for any time or trom time to
        STANDARD BANK GUARANTEE BOND                   time any of the powers exerciseable by the BSNL
                                                       against the said contractor(s) and to for bear or
                                                       enforce any of the terms and conditions, relating to
In consideration of the. BSNL (hereinafter called
                                                                                                                            80
'BSNL') having agreed, "exempt                            the said agreement and we shall not be relieved
                                                          trom our liability by reasons of any such variation or
------------------------- (hereinafter called "the said   extension being granted to the said contractor(s) or
contractor(s) trom the demand, under the terms            for any forbearance, act or ommission on to the
and conditions of an agreement                            said contractor(s) or by any such matter or thing
                                                          whatsoever which under the law relating to sureties
No. dated ------------------                              would but for this provision, have effect of so
                 made between         an       for
                                                          relieving us.
                                -
the work                           (hereinafter                    6. This guarantee will not be discharged
called "the said Agreement") of security deposit for      due to the change in the constitution of the Bank of
the due fulfillment by the said contractor(s) of the      the contractor(s ).
terms and conditions contained in the said                        7. We
Agreement or production of a bank guarantee for           under (indicate the name of the Bank) take not to
Rs.                                                       revoke this guarantee except with the previous
(Rupees                                                   consent of the BSNL in writing.

                     only).                                           8. This guarantee shall be val id upto
                                                                        . . UNLESS EXTENDED on demand by
                                                          BSNL. Notwithstanding any thing mentioned above,
We                                                        our liability against this Guarantee is restricted
                                                                        to ------------------ Rs     (Rupees ---
(indiCate the name of the Bank) (hereinafter              ---
referred to as the Bank") at the request of                                           only) and unless a claim in
contractors) do hereby undertake to pay to the            writing is lodged with us within six months of the
BSNL amount not exceeding Rs.           on                date of expiry of the extended date of expiry of this
demand by BSNL.                                           guarantee, all our liabilities under this guarantee
         2. We                                            shall stand discharged.
do hereby (indicate the name of the Bank)
                                                          Dated the For
undertake to pay the amounts due and payable
under this guarantee without any demure, merely
on a demand from the BSNL stating that the                day of
amount claimed is required to meet the recoveries
due or likely to be due trom the said contractor(s).      20
Any such demand.                                                              (Indicate the name of Bank)
made on the bank shall be conclusive as regards
                                                                              AFFIDAVIT
the amount and payable by the Bank under this
guarantee. However, our liability under this                      I/We have submitted a bank guarantee for
guarantee shall be restricted to an amount not            the work ------------------------------------------------------
exceeding Rs.
                                                          --------------------------------------------
         3. We undertake to pay to the BSNL any
money so demanded notwithstanding any dispute             ------------------------------------------------- (name 0 f
or disputes raised by the contractor(s) in any suit or    work) Agreement No.                               dated the
proceeding pending before any 'court or Tribunal                        from (Name of the bank with full
relating thereto. Our liability under this present        address)
being absolute and unequivocal.
         The payment so made by us under this
bond shalj, be a valid discharge of our liability for
payment thereunder and the contractor(s) shall
have no claim against us for making such payment.
 4. We (indicate the name of the Bank) further                         TO THE EXECUTIVE
agree that the guarantee herein contained shall           ./
remain in full force and effect during the period that
would be taken for the performance of the said            ENGINEER'-----------------------------------
agreement and that it shall continue to be
                                                          ------------------------------------------ '-- wit;h a view
enforceable till all the dues of the BSNL under or by
                                                          to seek exemption frompayment of security deposit
virtue of the said agreement have been fully paid
                                                          in cash. This Bank guarantee expires on I/We
and its claims satisfied or discharged or till
                                                          undertake to keep the validity of the bank
Engineer-in-charge on behalf of the BSNL certified
                                                          guarantee intact by getting it extended from time to
that the terms and conditions of the said
                                                          time at my/our own initiative upto a period. of
Agreement have been fully and properly carried out
                                                          months after the recorded of completion of the work
by the said contractor(s) and accordingly
                                                          or as directed by the Engineer- in-charge VWe also
                                                          indemnify the B SNL against any losses arising out
                                                                                                             81
                                                          of non-encashment of the bank guarantee, if any.
                                                   Note: This affidavit is to be given by the Executant
                                                   before a First class Magistrate
                                       PARTICULARSPECIFICATI0NS

         1. The work executed shall be measured                    These shall be of uniform deep red,cherry
as per metric dimensions given in the schedule of         or copper col()£lr, thoroughly burn without being
quantities. The FPS units wherever indicated in the       verified regular in shape and size and shall have
drawings are for guidance only.                           sharp and square sides and edges and pare lied
         2. The rates for every item of work to be        faces to ensure uniformly in thickness of the
done under this contract will be for all heights,         courses of brick work.
depths, lengths and widths of the structure. (except
where specially mentioned in the item) and nothing                The bricks shall be free from cracks, ships
extra will be paid on any account.                        flaws stones or lumbs of any kind; these shall not
                                                          show appreciable sign of efforesence either dry or
         The rate for all items of work wherein           subsequent to soaking in water.
cement
is used is inclusive of charges for curing.                      The bricks shall be sound, hard,
                                                          homogeneous in texture and emit a clear ringing
        Nothing extra shall be paid by the BSNL on        sound on being struck. These shall have a
any account for straightening the steel bars              minimum crashing strength of bricks 50 Kg/sq.cm.
supplied in coils or with bends.

         The surplus excavated earth which is                    All the bricks which absorb water more
                                                          than 20% of their own dry weight after 24 hours
beyond the requirements of BSNL works shall be
                                                          immersion in cold water shall be rejected.
disposed off by the contractor on his own or shall
sell the surplus earth to private parties at his          WOODWORK
discretion but nothing extra will be paid for the
carriage or disposal of surplus earth from the site of            I. The wood shall be second class Indian
work.                                                     Teak wood or country wood as mentioned in the
        The Portland Pozzolana cement if used in          relevent item ofthe schedule of quantities
works the following condition may be adhered to:          obtainable from approved sources.
        "The period that shall elapse after the                    2. For all wooden doors and windows,
concrete has been laid before easing and removal          whether factory made or otherwise, cleats and
of centering and shuttering as given in the table 4       blocks shall be provided as directed by the
under para 5.2,8.3 of the CPWD specifications             Engineer-in-charge and the rate for the shutter item
1977, shall be modified to the following extent.          shall include the cost of providing wooden cleats
                                                          and blocks.
                                                                  3. For these doors where hydaulic door
       (a) The period indicated in Table 4 shall be       closer and provded wooden cleats need not be
increased by 50% subject to maximum of28 days.            provided and no reduction in rate shall be made for
                                                          the same.
(b) Note (i) shall be deleted
The rates quoted for centering and shuttering item                 The components of material labour as
shall be inclusive of the above and no claim for          indicated in para 3 as subclause 10 (CC) have
                                                          been predetermined as below:
keeping in position the centering and shuttering for
50% more time will be entertained."                       (a)     Material         75 percent (X)
                                                          (b)     Labour           25 percent (Y)
         3. The work shall be executed as per the                 Total            100 percent
CPWD specification 1996 Vol. I to VI with upto date
correction slips in case of discrepancies between         All manufactured materials used on the work shall
the specifications of a particular item as indicated in   have I.S.I. mark. In_case of materials for which no
the CPWD specifications mentioned above and as            manufacturer has been licensed to manufacture the
indicated in the nomenclature of the item, the latter     materials, with ISI marking, the materia! shall
                                                          conform to the provisions of the CPWD
shall prevail.
                                                          specifications of the ISI code (in the absence of
                                                          CPWD specifications for any partiCular material). In
         4. All stone aggregate, sand etc. shall be       the case of non-IS I marked materials tests shall be
obtained only from quarries or other sources              conducted to ensure that they conform to the
approved by Engineer-in-charge. All materials shall       specifications or codes mentioned above.
be got approved by the Engineer-in-charge before
they are actually procured and used at site.
                                                                  10. All materials which are to be tested
                                                                                                                    82
        5. The grading of sand to be used for            before use of the work should be procured atleast 2
mortars and concrete shall be determined at the          months before use on the work so that enough time
                                                         is available for testing them before they are actually
site of the work by the Engineer-in-charge and
                                                         used.
sand conforming to these gradings ony shall be
used on the work.
                                                                   11. The cost of samples and all other
                                                         incidents chargessuch as packing, transportation to
        6. Necessary washing, screeening etc. of
                                                         the laboratory, etc, shall be borne by the contractor.
metal and sand shall be done at sites as per
                                                         The testing fee, if any shall be borne by the BSNL.
requirements of the Engineer-in-charge.
                                                         12. Except where specifically provided, nothing
                                                         extra shall be paid for doing RCC or centering,
7. The bricks shall be moulded with sand from brick      shuttering in columns and beams where the shape
earth. The earth shall be fairly stiff when dry clay     is different from the usual square or rectangle.
loam or sand clay loam in texture. If earth is of
tenacious nature on adequate proportion of sand
shall be mixed to it such that a dried lump of
mixture shall not show sign of cracKing. It shall be
free from grass roots stones, graval kankar, salt
petor or to other harmful salt.                                  17. 'Plinth level' in the schedule
          13. The rate foritem under the sub head        corresponds to floor one level of specification 1977.
RCC of the schedule shall also include the cost of       '1 st floor level' corresponds to floor two lcvels
treating the exposed RCC surface as follows:
                                                         '2nd floor level' corresponds to floor three levels.,
                                                         '3rd floor level' corresporids to floor four levels '4th
        Any defects like cavities, damaged edges,        floor level' corresponds to floor five levels '5th floor
honey combing etc. that emerge or removal of
                                                         level' corresponds to floor six levels
centering and shuttering shall be first repaired with
cement mortar 1: 1 (1 cement 1 fine sand). A coat                   18. 'T' IRON FRAMES M.S. sill tie I Omm
of cement slurry at the rate of 0.5 kglsq.m shall        dia M.S. bar shall be welded to the 'T' iron frame
then be applied 011 the repaired surface which           atthe bottom to keep the frame in correct position.
shall be slightly rubbed with a corborandum to           The still tie shall be embeded in floor concrete. The
achieve a uniform surface of shade to match the          rate for '1' iron frame is inclusive of sill the required
adjoining surface.                                       for door frames which will not be measured
                                                         separately for the purpose payment. No deduction
                                                         will however be made on this account in case of
         14. The contractor must associate himself       window frames. The rate shall be inclusive of fixing
with a specilisedfm'nfor integral cement based           the hinges to the Tiron frame with machine screws
water proofing treatment for sunked floor and on         and the cost of M.S. socket plates and their fixing
roof and get the item of work done through the           with T -iron frames required for tower bolts and
specialised firm, 10 years guarantee in the              other fittings. For the
prescribed proforma attached must be given.\the                   purpose of payments under this item only
contractor in token of his overall responsibility. In    length of the T-iron frames along its centre one
addition 10% (Ten percent) of cost of these items        shall be measured and its weight worked out from
shall be retained as guarantee to the performance        standard tables.
of the work done.
                                                                   Neither deduction nor extra payment shall
         However; half of this amount (with held)        be made for making holes necessary arrangements
shall be realised after 5 years if the performance of    for fixing fittings.
work done is satisfactory. If any defect is noticed                Whether T-iron frames rolled steel frames
during the guarantee period, it shall be rectified by    or Aluminium frames are to be fixed along RCC
the contractor within seven days of receipt of notice    column, the fixing shall be done with dash
from the Engineer-in_charge and if not attended to,      fasteners 'CH' type of approved size (3/8"x2/2" long
the same shall be got done by another agency at          'BD' type 5116"x2.7/8" long) counter sunk
the risk and cost of the contractor.                     headvarient including fastener's shields and
         The work shaH be get done from only             drawing the expander nails with hammer etc.
approved standard specialist firms in this field firms   complete. In lieuofM. S. lugs nothing extra shall be
of which are given below:                                payable on account of the above alternative. .'
1. M/s.lndia Water proofingCo.                                   19. The contractor shall at his own
Rihit Chamber, 3rd floor,                                expense and without expense and without extra
Gogast Fort, Bombay-I.                                   charge make provision for all shoring pumping
2. M/s.Hindustan Water Proofing Co., E-60, Greem         dredging, or bailing out water if found necessary.
Park,                                                    The foundation trenches shall be kept free from
                                                                                                               83
New Delhi-l 10016.                                     water while all the work below ground level are in
 M/s.Mech-AiTideWater proofing Co., A-4,               progress.
Jairemeshwar Society,                                             20. All steel doors windows & ventilators
S.Y. Road, Geregaon West,                               shall be according to the architectual drawings and
Bombay-400 052.                                         the rate quoted by the tendyrer shall include the
Overseas Water Proofing Corpn.                          cost of all component parts vide para 10. of central
boldota Bhavan, 2nd floor, P.B. No:719, Queen           P. W.D. Specifications Vol 1 1977. In case of
Road, Bombay-400 020.                                   composite steel windows, the rates for fixed
M/s.New Asia Company (Bangalore), F.Rahdman             windows and openable windows shall be applicable
Abdul Sakoor Bldg. 1 st Floor, Near Post Office         to the fixed and openable
Madivala Extension, Bangalore-560 068.                 - areas in the composite windows respectively and
15. The architectural drawing based on which the        nothjng extra shall be payable for coupling sections
work is to be executed are available with the           such as Ipullions and transums. The openable area
Executive Enginer, - Division                           in composite windows, shall be measured as the
 ----------------------- and can be inspected by the    clear opening of openable shutters.
prospectivetenders upto the date of receipt of                 21. The sanitary water supply and drainage
tenders at his officeduring working hours.             pipes and fittings and other materials shall be of
                                                       approved quality and shall conform the relevant
16. Before receiving final payment for the work the    specifications of CPWD specification for works at
contractor shall give an undertaking to the effect     Delhi 1977 volume n.
that at his own cost, he will rectify the defects in
walls roof, like leakage, cracks etc, which may
come to light during the first monsoon after the            For the execution of water supply and
completion of the work and for this purpose part of  drainage items, the contractor should employ a
the Security Deposit whict may be deemed licenced plumber.
reasonable by the Engineer-iri-charge shall be
retained till the first monsoon is over as Security (EXECUTIVE ENGINEER)
against the contractor's failure to act upon the
undertaking. This undertaking and consequent
retention of part of the Security Deposit shall not
invalidate the contract.
                                               Safety Code

SAFETY CODE:                                            (vi) Excavation and Trenching ....................... All
                                                        trenches 1.2m (4 feet) or more, in depth, shall at all
         (i) Suitable scaffolds should be provided      times be supplied with at least one ladder for each
for workmen for all works that cannot safely be         30m. (100 feet) in length or fraction thereof. Ladder
done from the ground, or from solid construction        shall be extended from bottom of the trench at least
except such short period work as can be done            90 cm (3 feet) above the surface of the ground. The
safely from                                             side of the trenches which are 15m (5 feet) or more
                                                        in depth shall be stepped back to give suitable
           ladders. When a ladder is used an extra      slope or securely held by timer bracing, so as to
mazdoor                                                 avoid the danger of sides to collapse. The
,.                                                      excavated materials
shall be engaged for holding the ladder and if the     , shall not be placed within 1.5 m(5 feet) of the
ladder is used for carrying materials as well,          edges, of the trench or half of the depth of the
suitable footholds andhandholds shall be provided       trench whichever is more. Cutting shall be done
on the ladder and the ladder shall be given an          from top to bottom. Under no circumstances
inclination not steeper than 1/4to 1 (114 horizontal    undermining or undercutting'shall be done.
and 1
vertical).                                                      (vii) Demolition - Before any demolition
                                                        work is commenced and also during the process of
         (ii) Scaffolding or staging more then 3.6m                                               the work:
(12 feet) above the ground or floor, swung or
suspended from an overhead support or erected                  (a) All roads and open areas adjacent to
with stationary support shall have a guard rail        the work side shall either be closed or suitably
properly attached or bolted braced and otherwise       protected.
secured at least 90cm. (3 feet) high above the floor            (b) No electric cable or appra_us which is
or platform of such scaffoldings or staging and        liable to be a source of danger over a cable or
extending along                                        appratus used by the operator sball .remain
.the entire length of the outside and ends thereof     electrically charged.
with only such opening as may be necessary for
the delivery of materials. Such scaffolding of
staging shall be so fastened as to prevent it from              (c) All practical steps shall be taken to
                                                                                                                84
swaying from the _uilding or structure.                  prevent danger to persons employed from risk of
                                                         fire or explosion of flooding. No floor, roof or other
                                                         part of the buildings shall be so ever loaded with
        (iii) Working platform, gangways, and
                                                         debris or materials as to render it unsafe.
stairways should be so constructed that they
should not sag undul)!,or uQequally, and if the
                                                                 (vi-iij All necessary personal safety
height of the platform or the gangway or the
                                                         equipment as considered adequate by the
stairway is more
                                                         Engineer-in-charge should be kept available for the
than 3.6m(12 feet) above ground level or floor level     use of the person employed on the site and
                  \                                      maintained in a condition suitable for immediate
they should be closely boarded, should have              use, and the contractor should take adequate steps
adequate width and should be suitably fastened as        to ensure proper use of equipment by those
described in (ii) above.                                 concerned.

         (iv) Every opening in the floor of a building           (a) Workers employed or mixing asphaltic
or in a working platform be provided with suitable       materials, cement and lime mortars shall be
means to preventthe fall of persons or materials by      provided with protective footwear and protective
providing suitable fencing or railing whose              goggles.
minimum height shall be 90cm (3 feet).
   .      (v) S(ife means of access shall be                      (b) Those engaged in white washing and
provided                                                 mixing and stacking of cement bags or any material
to all working platforms and other -working places.      which is injurious to the eyes should be provided
Every ladder shall be security fixed. No portable        with protective goggles.
single ladder shall be over 9m. (30 feet) in length              (c) Those engaged in welding works shall
while the width between side rails in rug ladder         be provided with welder's protective eye sight lids.
shall in no case be less than 29cm. (1 1 Yz") for
ladder upto and including 3m. (10 feet) in length.
For longer ladders this width should be increased                 (d) Stone breakers shall provided with
at least W' for each additional30,cm. (1 feet) in        protective goggles and protective clothing and
length. Uniform step spacing shall not exceed 33         seated at sufficiently safe intervals.
cm (12"). Adequate precaution shall be taken to
                                                                 (e) When workers are employed in sewers
prevent danger from electrical equipment. No
                                                         and manholes, which are in active use, the
materials on any of the sites of work shall be so
                                                         contractors shall ensure that the following safety
stacked or placed as to cause danger or
                                                         measures are adherd to :
inconvenience to any person or the public. The
contractor shall provide all necessary fencing and
lights to protect the public from accident, and shall              (i) Entry for workers into the line shall not;
be bound to bear the expenses of defence of              be allowed except under the supervision of the, JE
every suit, action or other proceedings at law that      or ' , any other Officer.
may be brought by any persons for injury sustained       (ii)At least 5 to 6 manholes upstream and
owing to neglect of the above precautions and to         downstream should be kept open for at least 2 to 3
pay and damages and cost which may be awarded
in any such person or which, may with the consent
of the contractor, be paid to compromise any claim
by any such person.
                                                                 (xv) If a man has received a physical injury
                                                         he should be brought out by the seWer immediately
                                                         and adequate medical aid should be provided by
hours before any man is allowed to enter into these      him.
manhole forworkinginside.
                                                                  (xvi) The extentto.which these precautions
       (iii) Before entry presence of Toxic gases                 are to be taken depend on individual
should be tested by inserting wet lead acetate           situation but. the decision of the 'Engineer-
paper, which changes colour in the presence of           inccharge regarding the' steps in this regard to be
such gases and indication of their presence.             taken in all individual case will be fmal.

        (iv) Presence of Oxygen should be verified                (f) The contractor shall not employ men
by lowering a detector lamp into the manhole in          below the age 18 years and women on the work of
case no oxygen is found inside the sewer line,           painting with products containing lead in any form.
workers should be sent only with ,Oxygen kit.            Wherever men a)Jove the age of 18 are employed
        (v) Safety belt with rope should be              on the work oflead painting, the folJowing
provided to the workers. . While working inside the      precautions should be taken.
manhole such rope should be handled by two men                    (i) No paint containing lead or lead
                                                                                                            85
standing outside to enable him to be pulled out         product!t shall be used except in the form of paste
during emergency.                                       or readymade paint.


        (vi) Th\.- area should be barricaded or                 (ii) Suitable face masks should be supplied
cordened of by suitable means to avoid mishaps of       for use by the workers when paint is applied in the
any kind. Proper warning signs should be displayed      form of spray or a surface having lead painting dry
for the safety of the public whenever cleaning          rubbed and scrapped. .
works are under taken during night or day.
                                                                (iii) .Overa]]s sha]] be supplied by the
        (vii) No smoking or open flames be allowed      contractors to the workmen and adequate facilities
near the blacked manhole being cleaned.                 shall be provided to enable the working painters to
                                                        wash during the cessation of work.
        (viii) The malba obtained on account of
cleaning of blacked manhole and sewer lines                      (iv) 1. (a) White lead, sulphate of lead of
should be immediately removed to avoid accidents        product containing these pigment shall not be used
on account of slippery nature of the malba.             in painting operation except in the form of pastes or
         (ix) Workers should not be allowed to work     paint ready for use.
il1side the manhole continuously. He should be                   (b) Measures shaH be taken, wherever
given rest intermittently. The Engineer-in-charge       required in order to prevent danger arising from the
may decide the time upto which a worker may be          application of a paint in the form of spray.
allowed to work continuously inside the manhole.

                                                                (c) Measures shall be taken, wherever
        (x) Gas masks with oxygen cylinder should       practicable, to prevent danger arising out of from
be kept at site for use in emergency.                   dust caused by dry rubbing down and scrapping.
        (xi) Airblowers should be used for flow of              2( a) Adequate facilities shall be provided
         fresh air through the manholes, whenever       to enable working painters to wash during and on
called for. Portable air blowers are recommended        cessation of work.
for ventilating the manholes. The motors for these
shall be vapour proof and of totally enclosed type.             (b) Over-all shaH be worn by working
Non sparkling gas engines also could be used but        painters during the whole ofworkingp_riod.
they should be placed at least 2 metres away from
the opening and on the lowered side protected from              (c) Suitable arrangements shall be made to
wind so that they wilJ not be source of friction on     prevent clothing put off during working hours being
                                                        soiled by painting materials.
any inflammablegas that might be present.

                                                                3.(a) Cases oflead poisoning and
    . (xii) The workers engaged for cleaning the
                                                        suspected -lead poisoning shall be notified and
manhole/sewers should be properly trained before
                                                        shaH be subsequently verified by medi_al man
allowing to work in the manhole.
                                                        appointed by competent authority ofBSNL.
        (xiii) The workers shall be provided with
                                                                (b) BSNL may require, when necessary
Gum boots or non sparkling shoes, bump helmets
                                                        medical examination ofworkers.
and gloves non sparkling tools, safety lights and
gas masks and portable air blowers (when
necessary). They must be supplied with barrier                   4. Instructionwith regard to special hygenic
cream for anointing the limps before working inside     precautions to be taken in the painting trade shall
the sewer lines.                                        be distributed to working painters.
                                                                (ix) When the work -is done near any place
        (xiv) Workman descending a manhole shall        where there is risk of drowning all necessary
try each ladder step or rung carefulJy before           equipments should be provided and kept ready for
putting his full weight on it to guard against in       use and all necessary steps taken for prompt
secure fastening due to corrosion of the rung fixed     rescue of any person in danger and adequate
to manhole wall.                                        provision
                                                        whenever he brings and machinery to site of work
                                                        and get it verified, by the Electrical Engineer
                                                        concerned.
should be made for 'prompt first aid treatment of all
injuries likely to be sustained during the course of            (xi) Motors, gearing, transmission, electric
the work.                                               wiring and other dangerous parts of hoisting
                                                        appliances should be provided with the efficient
        (x) Use of hoisting machines and take           safeguards. Hosting appliances should be provided
                                                                                                               86
including their attachments, anchorage and              with such means as will reduce to the minimum the
supporters shall conform to the following standards     risk of accidental descent of the load. Adequate
or conditions.                                          precautions should be taken to reduce the
                                                        minimum the risk of any part of a suspended load
         I. (a) These shall be good mechanical          becoming accidentally displaced. When worker
constructions, sound materials and adequate             employed on electrical installations which are
strength and free from patent defects and shall be      already energised, insulating mats wearing apparal
kept in good working.order,                             such as gloves, sleeves and boots as may be
                                                        necessary should be provided. The workers should
        (b) Every rope used in hoisting Or lowering
                                                        not wear any rings, watches and carry keys or
materials or as a means of suspen;ion shall be of
                                                        other materials which are the good conductors of
durable quality and adequate strength, and tree
                                                        electricity.
trom patent defects.
                                                                 (xii) All scaffolds, ladders and other safety
                                                        devices mentioned or described herein shall be
        2. Every crane driver ot noisting appliance     maintained in safe condition and not scaffold,
operator shall be properly qualified and no person      ladder or equipment shall be altered or removed
under the age of21 years should be in charge of         while, it is in use. Adequate washing facilities
any hoisting machine including any scaffolding          should be provided at or near places of work.
which or give signals to operator.
         3. In case of every hoisting machine and of            (xiii) These safety provisions should be
every chain ring hook, shackle swivel andpully          brought to the notice of all concerned by display on
block used in hoisting or as means of suspension
                                                        a notice board at a prominent place of work spot.
the safe working load shall be ascertained by
                                                        The person responsible for compliance of the
adequated means. Every hoisting machine and all
                                                        safety code shall be named therein by the
gear referred to above shall be plainly marked with
                                                        contractor.
the safe working load. In case ofa hoisting machine
having a variable safe working load and the                      (xiv) To ensure effective enforcement of
conditions under which it is applicable shall be        the rules and regulations relating to safety
clearly indicated. No part of any machine or any        precautions the arrangements made by the
gear referred to above in this paragraph shall be       contractor shall be open to inspection by the
loaded beyond the safe working load except for the      Labour Officer, Engineerin-charge of the BSNL or
purpose of testing.                                     their representatives.

4. In case of BSNL machines, the safe working                    (xv) Notwithstanding the above clauses
load shall be notified by 1he Electrical Engineer-in-   trom (i) to (xiv) there is nothing in these to exempt
charge. As regards contractor's machines the            the contractor from the operations of any other act
contractors shall notifY the safe working load of the   Rule in the Republic ofIndia.
machine to the Engineer-in-charge

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

1. Application:                                                  (2) ,The first-aid box shall be distinctly
                                                        marked with a red cross on white back ground and
        These rules shall apply to all building and     shall contain the following equipments namely:
construction works in charge of Postal/BSNL in
                                                            . (a) For work places in which the following
which twenty or more workers are ordinarily
                                                        equipments :
employed or are proposed to be employed on any
day during the period which the contract work is in
progress.
                                                        (i) 6 small sterilised dressings.
2. Definition:                                          (ii) 3 medium size sterilised dressings

        Work place means a place where twenty or
more workers are ordinarily employed or are             (iii) 3 large size sterlised dressings. (iv) 3 large
proposed to be employed in connection with
construction work onHany day during the period'         sterilised burn dressings.
during which the contract work IS in progress.
                                                                 (v) 1 (30 ml)bottle containing a two percent'
3. First-Aid Facilities:                                alcoholic solution of iodine.
        (l) At every work place there shall be                  (vi) I (30 ml) bottle containing salvolatile
provided and maintained, so as to be easily             having the dose and mode of administration
                                                                                                                   87
accessible                                                  indicated on the label.
         during working hours, first aid boxes at the
                                                            (vii) 1 snake-bite lancet.
rate of not less than one box for 150 contract
labour or part thereof ordinarily employed.                 (viii) 1 (30m\) bottle of pottasium
                                                            permanganate crystals.

                                                            on duty and shall be available at all hours when the
                                                            workers are at work.
(ix) 1 pair ofscissors.
     , (x) 1 copy of the first-aid leaflet issued by                (8) Where work places are situated in
the Director General, Factory Advice Service and            places which are not town or cities, a suitable
Labour Institutes, Government of India.                     motor, transport shall be kept,readily avilable at all
        (xi) I bottle containing 100 tablets (each of5      hours when the workers are available to convey
grams) of aspirin.                                          injured person/orpersons suddenly taken ill to the
                                                            nearest hospital.
         (xii) Ointment for bums.
         (xiii) A bottle of suitable surrgicalantiseptic    4. Drinking Water:
solution.
                                                                      (a) In every work place, there shall be
        (b) For work places in which the number of          provided and maintained at suitable places, easily
contract labour exceed 50--                                 accessible to labour, a sufficient supply of cold
                                                            water fit for drinking.
    . Each first-aid box shall contain the following
                                                                    (b) Where drinking water is obtained from
equipments:
                                                            an intermittent public water supply each work place
         (i) 12 small sterlised dressings.                  shall be provided with storage where such drinking
                                                            water shall be stored.
(ii) 6 Medium size sterilised dressings. (iii) 6 large
size sterilised dressings.
                                                                      (c) Every water supply of storage shall be
(iv) 6 large size sterilized bum dressings. (v) I roll of   a distance of not less than 50 feet from any latrine,
                                                            drain or other source of, pollution. Where water has
adhesive plaster.
                                                            to 'be drawn from an existing well which is within
(vi) 1 snake - bite lancet.                                 such proximity of latrine, drain or any other source
                                                            of pollution' the well shall be properly chlorinated
(vii) 1 (60 m!) bottle containing salvo latile having
                                                            before water is drawn from it fot drinking. All such
the dose and mode of administration indicated on
                                                            wells shall be entirely closed in and be provided
the lable.
                                                            with a trap-door which shall be dust and water
                                                            proof.
(viii) 6(15 gms) packets sterilised cotton
                                                                   (d) A reliable pump shall be fitted to each
                                                            covered well, the trap-door shall be kept locked and
wool.
                                                            opened only for cleaning or inspection which shall
                                                            be done at least once a month.
        (ix) 1 (60 m!) bottle containing a two
percent alcoholic solution iodine.
                                                            5. Washing Facilities:
      (x) 1 (30 gms)            bottle   of   potassium
permanganate crystals.                                               (i) In every work place adequate and
                                                            suitable facilities for washing shall be provided and
        (xi) 1 pair of scissors.                            maintained for the use of contract labour employed
                                                            therein.
        (xii) 1 copy of the first-aid leaf-let issued by
the Director General, Factory Advice Service and                      (ii) Separate and adequate screening
Labour Institutes, Goemment of India.                       facilities shall be provided for the use of male and
                                                            female workers.
        (xiii) A bottle containing 100 tablets (each
of5 grams) ofaspirin.                                               (iii) Such facilities shall be conveniently
(xiv) Ointment for bums.                                    accesible and shall be kept in clean and hygenic
                                                            condition.
(xv) A bottle of suitable surgical antiseptic
solution. .                                                 6. Latrines and Urinals:

       (3) Adquate arrangements shall be made                       (i) Latrines shall be provided in every work
for immediate recoupment of the equipment when              place on the following scale namely.
necessary.
                                                                                                              88
         (4) Noting except the prescribed contents              (a) Where female are employed, there shall
shall be kept in the First-Aid box.                     be atleast one latrine for every 25 females.

                                                                (b) Where males are employed, there shall
        (5) The First-Aid box shall be kept in          be atleast one latrine for every 25 males.
charge of a responsible person who shall always
be readily available during the working hours of the            Provided that where the number of males
work place.                                             or females exceed 100, it shall be sufficient ifthere
                                                        is one latrine for 25 males or females as the case
        (6) A person in charge of the First-aid Box     may be, upto the first 100, and for every 50
shall be a person trained in First-Aid treatment, in    thereafter.
work places where the number of contract labour
employed is 150 or more.
        (7) In work places where the number of                   (ii) Every latrine shall be under cover and
contract Labour employed is 500 or more and             so partitioned off as to secure privacy and shall
hospital faciliies are not available within easy        have a proper door and fasternings.
distance of the works, First-Aid posts shall be         15. Construction of latrines: The inside walls shall
established and run by a trained compounder. The        be constructed of masonry or some suitable heat-
Compounder shall be                                     resisting non-absorbent materials and
                                                        8. Creches:
shall be cement washed inside and outside at least
once a year. Latrines shall not be of a standard                 (a) At every work place, at which 20 or
lower than bore hole system.                            more women workers are ordinarily employed there
                                                        shall     be     provided    two     rooms       of
        (iv) (a) Where workers of both sexed are        feasonabledimensions for the use of their children
employed, thereshallbe displays out side each           under the age of six years. One room shall be ued
block of latrine and urinal; a notice in the languae    as a play room for the children and the other as
understood by the majority of the workers "For Men      their bedroom. 'The rooms shall be consructed with
Only"or "For Women Only" as the case may be.            specifications a_.
                                                        Similar to those given in para 2 (c_bY Clause 19 (i)
       (b) The notice shall also bear the figure of
a man or a woman, as the casemay be.                    Thatched Roof:

         (v) There shall be adeast one urinal for                 (b) The rooms shall be provided with
male workers upto 50 and one for female workers         suitable and sufficient openings for light arid,
upto fifty employed at a time provided that where       ventilation. There shall be adequate prov4sionof
the number of male or female workmen, as the                      sweepers to keep the places clean.
case may be exceeds 500, it shall be sufficient, if                                         {.'_    .
there is one urinal for every 59 males or females
upto the first 500 and one for every 100 on part                 (c) The contractor shall suppl¥;';adq_ate.
thereof, thereafter.                                    number of toys and games in the play room arid
                                                        sufficient number of cots and beddings in the bed
        (vi) (a) The latrines and urinals other than    room.
those connected with a flush sewerage system
shall comply with the requirements of the Public
Health Authorities.                                             (d) The contractor shall provide one Dais to
                                                        look after the children in the crech when the
                                                        number of women workers does not exceed 50 and
    13)     The latrines and urinals shaH be            two Dais when the numer of women workers
    adequately lighted and shall be maintained in a     exceed 50.
    clean and sanitary condition at all times.
                                                               (e) The use of the rooms earmarked as
        (vii) Water shall be provided by means of a     Creaches shall be restricted to children, their
tap or otherwise so as to be conveniently               attendamts, and mother ofthe children.
accessible in or near the latrines and urinals.
                                                                (f) The standard of construction and
                                                        maintenance ofcreaches shall be as may be
         (viii) Disposal of excreta: Unless otherwise   specified in this behalf of the chief labour
arranged for by the local sanitary authority,           commissioner (central) .
arrangements for proper disposal of excreta by
incineration at the work place shall be made
bymeans of suitable incinerator. Alternately excreta    9. Canteens:
may be disposed of by putting a layer of night soil
                                                        (1) In every work place where the work regarding
at the bottom of a pucca tank prepared for the
                                                        the employment of contractor labour is likely to
purpose and covering it with a: 15 cm layer of
                                                                                                               89
waste or refuse and then covering it with a layer of     continue for six months, hundred or more are
earth for a fortnight (when it will turn into manure).   ordinarily employed and wherein contract labour
                                                         numbering one an adequate canteen shall be
                                                         provided by the contractor for the use of suc_
        (ix) The contractor shall at his own
                                                         contract labour.
expense carry out all instructions issued to him by
the Engineer-in-Charge to effect proper disposal of
soil and other conservancy work in respect of the                (2) The canteen shall be maintained by the
contractor's workmen employees on the site. The          contractor in an efficient manner.
contractor shall be responsible for payment of any
charges which may be levied by Municipal or                      (3) The canteen shall consist of atIeast a
cantonment Authority for execution of such. work         dining hall, kitchen, store room, pantry and washing
on his behalf.                                           places separately for workers and utensils.
                                                                   (4) The cantee_ shall be sufficiently lighted
7. Provisions of shelter during rest:                    at all times when any person has access to it.

At every place there shall be provided free of cost,
four suitable sheds, two for males and the other                 (5) The floor shall be made of smooth and
two for rest separately for the use of men and           impervious mater\al and inside walls shall be lime
women labour. The height of each shelter shall not       washed or colour washed every four months.
be less than 3 metres from the floor level to the        Provided that the inside walls of the kitchen shall
lowest part of the roof. These shall be kept clean       be lime-washed every four months.
and the space provided shall be on the basis of 0.6              (6) The precincts of the canteen shall be .
sq.m. per head.                                          maintained in a clean and sanitary condition.

        Provided that the Engineer-in-Charge may                  (7) Waste water shall be carried away in
permit, subject to his satisfaction, a Portion of the    suitable covered drains and shall not be allowed to
building under construction or other alternative         accumulate so as to cause a nuisance.
accomodation to be used to the purpose.
                                                                  (8) Suitable arrangements shall be made
        (9) The dining haIi shall accomodate at a        for the collection and disposal of garbages.
time 30 percent of the contract labour working at a
time.
                                                         based on "No Profit, No loss" and shall be
        (10) The floor area of the dining hall           conspicuously displayed in the canteen.
excluding the area occupied by the service counter
and any furniture except tables and chairs shall not          . (16) In arriving at the price of food stuffs, and
be less than one square metre per dinner to be           other articles served in the canteen, the following
,accomodated as prescribed in Sub-Rule 9.                items shall not be taken into consideration as
                                                         expenditure namely:
        (11) (i) A portion of the dining hall and
service counter shall be partitioned of and re-
served for women workers in proportion to their          ( a) The rent of land and building:
number.
                                                         (b). The depreciation and maintenance charges for
                                                         tpe building and equipments provided for the
        (ii) Washing places for women shall be           canteen:
separate and screened to secure privacy. '
        (12) Sufficient tables, stools chairs or                 (c) The cost of purchase repairs and
benches shall be available for the number of             replacement of equipments including furniture
dinners to be accommodated as prescribed in Sub-         crockery, cutlery and utensils:
Rule 9.
                                                                 (d) The water charges and other charges
                                                         incurred for lighting and ventilation:
          (13) (a) (i) There shall be provided and
maintained sufficient utensils, cookers, furniture
and any other equipments necessary for the                       (e) The interest and amounts spent on the
efficient running - of the canteen.                      provisions and maintenance and equipments
                                                         provided for in the canteen:
        (ii) The furniture utensils arid other
equipments shall be maintained in a clean and                     (17) The accounts pertaining to the
hygienic condition.                                      canteen shall be audited once every 12 months by
                                                         registered accountants and auditors.
        (b) (i) Suitable clean clothes for the
                                                                                                                 90
employees serving in the canteen shall be provided        10. Anti-Malarial Precautions:
and maintained.
                                                                    The contractor shall at his own expense,
        (ii) A service counter, ifprovided, shall have    confirm to all anti-malarial instructions given to him
tap or smooth and imprevious material.                              by the Engineer-in-charge including the
                                                          filling up of any borrow pits which may have been
        (iii) Suitable facilities including an adequate   dug by him.
supply of hot water shall be provided for the
cleaning                                                           11. The above rules shall be incorporated
                                                          in the contracts and in notices inviting tenders and
        of utensils and equipments.                       shall form an integral part of the contractors.
                                                          12. Amendments:
         (14) The food stuffs and other items to be
served in the canteen shall be in conformity with         Government may, from time to time, add to or
normal habits of the contract labour.                     amend these rules and issue such directions as it
(15) The charges fodood stuffs, beverages and any         may consider necessary for the purpose
other items served in the canteen shall be                ofremoving any difficuity which may arise in the
                                                          administration thereof.


                                       Contractor Labour Regulations
1. Short Title:                                       to made up, clearned, washed, altered ornamental
          These regulations may be called the"          finished, repaired, adopted other wise processed
Contractors "Labour Regulations".                       for sale for the purpose of the trade or business of
2.       (i) Definitions:                               the trade of the principal employer and the process
          "Workmen" means any persons employed is to be carried out either in the home ofthe out
by a BSNL or its Contractor directly or indirectly workers or in some other premises not being
through a sub-contractor with or without the premises, under the central and management of
knowI.edge of the contractor with or without the the principal employer.
knowledge of the BSNL to the any skilled, semi-                   (ii) "fair Wages" means wages whether for
skilled or unskilled manual supervisory, technical or   time or piece work fixed and notified under the
clerical work for hire or reward, whether the terms provisions of the Minimum Wages Act from time
of employment are expressed or -implied but does to time.
not include any person.                                           (ill) "Contractors" shall include everyperson
         (a)       Who is employed namely in a          who undertake to produce a given result other than
managerial or administrative capacity: or               a mere supply of goods or articles of mimufacture
         (b) Who being employed in a                    through contract labour for any work and includes a
         supervisory      capacity    draws    wages subcontractor.
exceeding five hundred rupees per mensem or                       (iv) "Wages" shall have the same meaning
exercises either by the nature of the duties            as deflned in the payment Wages Act.,
                                                             p) Normally working hours of an adult
attached to the office or by reason of power vested
                                                             employee should not exceed 9 hours a day and
in him, functions mainly of managerial nature.               in case of a child 4 Yz hours in a day. The
         (c) Who is an out worker that is to say a           working day shall be so arranged that inclusive
person to who any articles or materials are given            of interaval for rest, if any, it shall -!lot spread
out by or on behalf of the principal employer.               over more than 12 hours on any day
(b)      when anaault worKer lsmaae to                  currency or III Dom.
work for more than 9 hours on any day or for more (viii) Wages shall be paid without any deductions of
than 48 hours in any week he shall be paid any kind except those specified by the central
overtime for the extra hours put in by him at double Government by general or special order in this
the ordinary rate of wages. Children shall not be behalf or permissible under the payment of . wages
made to work extra hours.                               Act. 1956,
         (cHi)    Every workers shi1l1 be given a       .         (ix)       A notice showing the wages
weekly holiday normally on a sunday, in period and the place and time to disbursement of
accordance with provisions ofthe:: Minimum wages shall be displayed at the place of work and a
wages.(Central Rules 1960 as amended from time copy sent by the contractor to the Engineer- in-
to time respective of whether such workers is charge under acknowledgment.
governed by the Minimumm Wages Act or not.                        (x) It shall be the duty of the contractor to
         (ii)     Where. the Minimum Wages              ensure the disbursement of wages in the presence
prescribed the Government under the Minimum of the Junior Engineer or any other authorised
Wages Act are not inclusive of the wages for the representative of the Engineer in charge who will
weekly d.ay or.rest the worker shall be entitled to be required to be present at the place and time of
rest day wages at the rate applicable to the next disbursement of wages by the contractor to
preceding day. Provided he has worked under the workman. .
                                                                                                                 91
same contractor for a continuous period of not less
                                                                   (xi)    The contractor shall obtain from
than 6 days.
                                                          -the junior Engineer or any other authorised
                                                          representative ofthe Engineer-in-charge as the
         (iii)   Where a contractor is pemitted by        case may be, a certificte under his signature at the
the Engineet;r-in-charge to allow a worker to work        end of the entries in the "Register of wages" or the
on a normal weekly holiday, he shall grant a              "Wagecum-Muster Roll" as the case may be in the
substituted holiday to him for the whole day on one       following form.
of the five days immediately before or after the
normal weekly Holiday and pay wages to such
                                                                    "Certified that the amount shown in coumn
worker for the work performed on the normal
                                                            has been paid to the workman
weekly holiday at overtime rate.
                                                            concerned in my presence on ....... at ................
           3. Display of Notic,e regarding wages etc.,                 5.         FINES AND DEDUCTIONS
The contractor shall before he commences his WHICH MAY BE MADE FROM WAGES.
work on contract, display and correctly maintain                       (i)    The wages of a worker shall be
and continue to display and correctly maintain in a       paid to him without any deductions of any kind
clean and legible condition in conspicuous places except
on the work notices in English and the local Indian         the following:
Languages spoken by the majority of the workers,                       (at     Fines.                            .
'given the minimum rates of wages fixed under the                      (b) Deductions for absence from duty
Minimum Wages Act, the actual wages being paid i.e., from the places or where by the terms of his'
the hours of work for which such wages are employment he is required to work, the amount of
earned, wage periods. dates of payments of wages deduction shall be in proportion to the period for
and other            relevant    information     as  per which he was absent.
Appendix "A".                                                          (c). Deduction for damage to or loss
4. ,Paymentofwages:                                       of goods expressly entrusted to the employed
           (i)         The contractor shall fix wage      person for custody, or of loss of money or any other
p<rriod, in respect of which. wages shall be            . deduction which he is required to account, where
payable.                                                  such damage or loss is directly attributable to his
           (ii) No wages period shall exceed o_e          neglect or default.
                                                                   (d) Deduction for recovery of advances or
mont!1;                                                   for adjustment of over payment of wages;
                                                          advances granted shall be entered in a register.
           (iii) The wages of every persons employed               (e) Any other deduction which the
as contract labour in an establishment or by a CentrarGovernment may from time to time allow.
contractor where less than one thousand, such                      (ii) No fines should be imposed on any
persons are employed shall be paid beforethe worker save in respect of such acts and omissions
expiry of the seventh day and in other cases before on his part as have been approved of by the Chief
the expiry of tenth day after the last day of the. Labour Commissioner.
wage period in respect of which the wages are                      Note: An approved list of acts and
payable.                                                  omissions for which fines can be imposed is
           (iv) Where the employment of any worker enclosed at
is terminated by or on behalf of the contractor the
wages earned by him shall be paid before the Appendix -1.
expiry of the second working day from the date on , (iii) No fine shall be imposed on a
which his employment is terminated.            .          worker and no deduction for damage or loss shall
           (v) All payments of wages shall be made be made from his wages until the workers has been
on a working day at the work premieses and during given an opportunity of showing cause against
the woking time and on a date notified in advance,
                                                          such fines or deduction.
and in case the work is completed before the expiry 16. The total amount of fine which may be imposed
of the wage period, final paymnt shall be made in anyone wage period on a worker
within 48 hours of the last working day.
           (vi) Wages due to every workers shall be
paid to him direct or to other person authorised by
him in this behalf.
. (vii) . All shall be paid in current coin or
shall not exceea an amount equal to mree paIse m 7. Attendance Carel-cum Wage Slip;
a rupee of the total wages payable to _im in                       (i)       Thecontract6f shallis$ue 1m
respect of that wage period.                              attendance card cum_wage slip" to each. workman
               (v) No fine imposed on workers shall       employed by him intjle specimen form at
be recovered from him by insul.lment or (Appendix-E),
                                                                                                                   92
        aftertheexpiry: or sixty days from the date on which (ii) The card shall be valid for each wage
        itwas imposed.
                     (vi) Every fme shall be deemed to have    period.
        been imposed on the day of the .actor. omission in
           respect of which it was imposed. .                           (iii) The contractor; sh&IJ mark the
                                                               attendance of each workman on_the card twice
                     6. LABOUR RECORDS.
                                                               each day, once at the commencement ofJhe day
                     (i)      The contractor shall maintain a  and again . after the rest interval before he actually
        "Register of persons employed" on work contract in starts work. .
        Form XIII of the CL(R&A) Central Rules 197]                     (iv) The card shall rem(iininp6ssession of
        (Appendix-B).                                          the worker during the wageperi()_'UI1der
                     (ii) The contractor shall maintain a      reference:
        "Muster Roll" register in respect of all workmen                (v) The contractor sh&ltcotnp(ete the w&ge
        employed by him on the work under contract slip portion on the reverse ofthe_ard at le&st a date
        inForm XVI of the CL(R&A) Rules] 97] (Appendix- prior to the disbursement of wages in respect of the
        C):                                                    wage period under reference.
                 (iii) rhe contractor shall maintain a "Wage             (vi) The contractor shall obtain the
        Register" in respect of all workmen employed by          sigl1ature or thumb impression oftheworker on the
        him on the work\!nder c_mtractiri Form XVI of the         ,wages slip at the time of disbursement of wages.
        CL(R&A) Rules 197] (Appendix-D)..                                                                        and
                 (iv) Register of accidents:- The contractor retain the card with under reference.
        shall maintain a register of accidents in such form              8. Employment card:
        as may be convenientatthe work place but the                     The contractor shall issue an Employment
        same shall include the following particulars,          card in Form XIV ofthe CL(R&A)Central Rules] 971
                                                               to each worker within three' days ot:the
                (a) Full particulars bf the labouret;:swho
                                                               employment        of the worker (Appendix F).
        met with accident.
                                                               9. Service Certificate_'
. (b) Rate of Wages
                                                               On teqninationof't_mployment for any
        (c) Sex
                                                              . reason whatsoever the contractor shall issue to
        (d) Age
                                                               the workmen whose service have been terminated
        (e) Nature of accident and cause of accident. (f)      a serVice certificate iri FQn11AX¥ofthe CL(R&A)
        Time and date of accident.                             Central. Rules 1971 (Appendix:G).
        (g) Date andtime whena<imitted in Hospital. (h)        10. PreserV'atiOlrOfLabour Records:
        Date of ciischarge from the Hospital. 0) Period of              All records required to be maintained under
        treatment and result of                                Regulations Nos.6 and 7 shall be preserved in
        treatment.                                             original for a period of three years from the date
                     (j) Percentage of loss of earning of/ast entries made in them arid shall he made
        capacity                                               available for inspection by the Engineer- in-charge,
        and disability as assessed by Medical Officer.         L_bour Officer or any other Officers authorised by
                     (k) Claim required to be paid under       the BSNL Civil Wing in this behalf. .
           workmen's compensation Act.                                  II. Powers of Labour Officers to make
                     (I) Date of payment of compensation.      investigations or enquiry;
                     (m) Amount paid with details of the                The Labour Officer or any other person
        persons                                                authorised by Central Government on their behalf
        to whom the same was paid.                             shall have power to make enquiries with a view to
                     (n) Authority by whom the compensation ascertaining and enforcing due and proper
           was assessed. .                                     observance of the Fair wage clauses and the
                     (0) Remarks.                              Provisions of Regulations. He shall investigate into
                 (v) Register of Fines - The contractor shall  any complaint regarding the dafault made by the
        maintain a Register of Fines, in the Form XII of the   contractor or sub-contractor in regard to such
                                                                provision.
        CL(R&A) Rules 1971 (Appendix H).
                 The contractor shall display in a good
                                                               12. Report of Labour Officer:
        condition and in conspiCuous place of work the
        approved list Of Acts and Omissions for which fines
                                                               The LabourOffi«er or other persons
        can be imposed. (Appendix-I).
                                                               authorisesd as aforesaid shall submit a report or
                 (vi) Register of deductions - The contractor
                                                               result of his investigation or enquiry to the
        shall maintain a "Register of deductions for Executive Engineer concerned indicating the extent
        damage or loss" in Form XX of the CL(R&A) Rules if any to which the default has been committed with
        197] (Appendix-J)                                      a note then necessary deductions from the
                                                                                                              93
         (vii) Register of Advances - The contractor contractors will be made and the wages and other
shall maintain a "Register of Advances" in Form dues be paid to the labourers concerned. In case
XXII of the CL(R&A) Rule, 1971 (Appendix-K)                 an appeal is made by the contractor under clause
             (viii) Register of overtime - The              12 of these regulation actual payment to labourers
         contractor shall mainJ:«in a "Register of          will be made, by the Executive Engineer after the
Overtime" in                                                superintending Engineer has given his decision on
         (a) The Executive Engineer shall arrange such appeal.
payments to the labour concerned within' 45 days
from the receipt of the report from the labour Officer
or the Superintending Engineer as the case may employers in which he is a member.
be.       13.          Appeal against the decision of               (b)         An Officer of a federation of
Labour Officer:                                             associations of employers, to which associations
         Any person aggrieved by the decision and referred to in clause(a) is affliated.
recommendations of the Labour Officer or other                      (c)        Where the employed is not a
person so authorised may appeal against such member of any association of employers, by an
decision to the Superintending Engineer concerned officer of association of employer connected with or
within 30 days from the date ofdecision, forwarding any other employer, engaged in the industry in
simultaneously a copy ofqis appeal to the which the employer is engaged.
Executive Engineer concerned but subject to such                     (iii) No party shall be entitled to be
appeal, the decisions of the Officer shall be final represented by a legal practitioner in any
and binding                                                 investigation or enquiry under these regulations.
                                   . upon the Contractor. 15. Inspection of Books and slips.
          14. Prohibition                                           The contractor shall allow inspection of all
                          t;epresentation through lawyer: the prescribed labour records to any of his workers
                    (i) A workman shall be entitled to be or to his agent at a convenient time and place after
   represented in any investigation or enquiry under due notice is received to be the Labour Officer or
                                     these regulations by any otheri person authorised by the Central
          (a) An officer or a registered trade union of
                                                            Government on his behalf.
which he is a member.
                                                            J6. Submission of Returns:
          (b) An officer of a federation of trade
                                                            The Contractor shall submit periodical
unions
                                                    returns as may be specified from time to time.
referred to in clause (a) is affiliated.
                                                            17. Amendments:
         (c) Where the employer is not a member of
                                                                    The central Government may from time to
any registered trade union, by,anofficer a
                                                            time add to or amend the regulations and on any
registered trade union connected with, or by and question as to the application interpretation or
other employed in the industry in which the worker effect to those regulations the decision of the
employed.                                                   superintending Engineer concerned in that behalf
         (iii) An employer shall be entitled to be shall be final.
represented of any investigation or enquiry under
these regulations by - .                      .
(a) An officer of an association or




                                              LABOUR BOARD
                                                                              Appendix 'A'
Name                                          of                                     work
________________________________________________________________________________
Name                                         of                                    Labour
Officer..________________________________________________________________________
Address                                       of                                   Labour
Officer________________________________________________________________________________
______
Name                         of                    Labour                     Enforcement
Officer_________________________________________________________________________
Address                of              Labour              Enforcement              Officer
                                                                                  94
____________________________________________________________


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

                Fixed         Paid




                                                                                        ,


Weekly holiday ……………………………………………………………………………………………….
Wage Period………………………………………………………………………………………………………….
Date                    of             payment                 of               wages
…………………………………………………………………………………………………………..
Working
hours……………………………………………………………………………………………………………………
….

Rest.
Interval……………………………………………………………………………………………………………………
……
95
96
97
98
99
100

				
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