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                            GENERAL TERMS &
             CONDITIONS OF CONTRACT

                            TENDER DOCUMENTS


NAME OF WORK            :    Annual Maintenance contract for automatic sliding gate
                             and glass door and urinal sensor of CETTM and Hostel
                             Building at Powai

ESTIMATED COST          :    Rs. 1,65,587,/-

EMD                     :    Rs.3312/-

TIME LIMIT              :    One year (2010-2011)

Date of application     :    08-11-2010

Date of issue Tender:        10-11-2010 up to 16.00 hrs

DATE OF OPENING. :           11 -11-2010 (15.30 hrs)




Signature of Contractor                                   Signature of EE (C)
                                                                                             2

                      GENERAL TERMS & CONDITIONS

                                         INDEX
PART - I
PRESS NOTICE INVITING TENDER                                                   N-1 TO N-2
INSTRUCTIONS TO TENDERER                                                       I-1 to 1-2
GENERAL CONDITIONS OF CONTRACT                                                 G-1 TO G-39
      1.0     Definitions                                                             G-1
      2.0     Interpretations                                                         G-2
      2.1     Singular and Plural                                                     G-2
      2.2     Headings and Marginal notes                                             G-3
      2.3     Meanings                                                                G-3
      2.4     Languages and Measures                                                  G-3
      3.0     General                                                                 G-3
      3.1     Transfer of Documents                                                   G-3
      3.2     Site Availability                                                       G-3
      3.3     Tenderer to have visited Site                                           G-3
      3.4     Changes in Layout                                                       G-3
      3.5     Tenderer to obtain his own information                                  G-3
      3.6     Land or Contractor‟s Office, Store, Workshop etc.                       G-3
      3.7     Water and power supply                                                  G-4
      3.8     Works to be carried out                                                 G-4
      3.9     Approximate Quantities                                                  G-4
     3.10     Sub-Contractors                                                         G-5
     3.11     List of MTNL Employees                                                  G-5
     3.12     MTNL Employees not bound personally                                     G-5
      4.0     Purchase Preference to tenderer                                         G-5
      5.0     Forfeiture of Earnest Money                                             G-5
      6.0     Validity of Tender                                                      G-5
      7.0     Time Schedule and Delay                                                 G-5
      8.0     Submission of Tender                                                    G-6
      9.0     Right of MTNL to accept or reject Tender                                G-7
     10.0     Contract                                                                G-8
     11.0     Contract Documents - General                                            G-8
     12.0     Performance Guarantee and Security Deposit                              G-9
     13.0     Deviations / Variations :- Extent & Pricing                             G-10
     14.0     Suspension of Work                                                      G-12
     15.0     Compensation for Delay                                                  G-12
     16.0     Breach of Contract                                                      G-12
     17.0     Contractor‟s liability to pay compensation                              G-14
     18.0     Action and Compensation in case of bad work                             G-15
     19.0     Technical Examination and Audit                                         G-15
     20.0     Power of Entry                                                          G-15
     21.0     Foreclosure / Restriction of Contract                                   G-16
     22.0     Termination of Contract on Death                                        G-17
     23.0     Compensation Not Relatable to Actual Loss                               G-17
     24.0     Excepted risks (Force Majuro)                                           G-17
     25.0     Setting out of works, levels and Alignment                              G-18
     26.0     Site drainage, nuisance etc.                                            G-19
27.0Materials obtained from excavations                                        G-19
28.0Nothing extra payable for Dewatering system etc.                           G-20
     29.0     Watch and Ward                                                          G-20
     30.0     Supervision of Works                                                    G-20
     31.0     Instructions and Notices                                                G-21



Signature of Contractor                                           Signature of EE (C)
                                                                                              3

             32.0      Inspection and Approval                                            G-21
             33.0      Delegation of powers by Engineer-in-Charge                         G-22
     34.0        Completion Certificate                                               G-22
     35.0        Contractor‟s Liability                                               G-22
     36.0        Defect liability period                                              G-23
     37.0        Insurance                                                            G-23
     38.0        Guarantee                                                            G-25
     39.0        Sub-Contracting                                                      G-25
     40.0        Rights of various interests                                          G-26
     41.0        Adherence to Govt. Regulations                                       G-26
     42.0        Changes in Constitution                                              G-26
     43.0        Apprentice Act                                                       G-26
     44.0        Materials                                                            G-27
     45.0        Labour                                                               G-27
     46.0        Model rules for labour welfare and safety code                       G-29
     47.0        Failure to comply with Labour Regulations / Act / Rules              G-29
     48.0        Rates to cover                                                       G-30
     49.0        Patent Rights                                                        G-32
     50.0        Payments                                                             G-32
     51.0        Escalations                                                          G-35
     52.0        Liens                                                                G-37
     53.0        Arbitration                                                          G-38
                 APPENDICES AND ANNEXURES                                             A1 to A
35
   App. I       Contractors Labour Regulations                                        A-1
   App. I       Model Rules for Labour Welfare                                        A-14
  App. II       Model Safety Code                                                     A-18
 Annex. I       Proforma for Agreement                                                A-23
Annex. II       Proforma for Performance Guarantee                                    A-25
Annex. III      Proforma for Bank Guarantee against
                Mobilisation Advance                                                  A-28
Annex. IV       Proforma for Notice of Invocation of Bank Guarantee                   A-30
                Annex. V-Proforma for Indenture for Secured Advance                   A-31
Annex. VI       Proforma for Guarantee in respect of Waterproofing Works.             A-34
                LETTER OF SUBMISSION OF TENDER                                        C1 to C7
 Form A         Concurrent Commitments of the Tenderer                                C-3
 Form B         Details of Equipments etc. to be deployed                             C-4
 Form C         List of Sub-Contractors proposed to be deployed                       C-5
 Form D         Proposed Sit Organisation                                             C-6
 Form E         List of Documents enclosed                                            C-7
PART - II
     1.0        Schedule of Quantities                                                S-1 to S-




Signature of Contractor                                             Signature of EE (C)
                                                                                         4

             MAHANGAR TELEPHONE NIGAM LIMITED, MUMBAI

                          NOTICE INVITING TENDER
     No. 20 (W)/EE (Civil)/ CETTM/Powai/NIT/ 09-10/             Dated 09 -07 -2009


1.      The Executive Engineer(C)/CETTM Building,6th floor, Technology street,
        Hiranandani garden, Powai, Mumbai-76 Telephone No.25714983 , on behalf of
        MTNL, Mumbai invites wax sealed item Rate Tender for the work of “Annual
        Maintenance contract for automatic sliding gate and glass door and urinal sensor
        of CETTM and Hostel Building at Powai “ from Specialized agencies. The Central
        /State Government under taking shall also be eligible to tender under usual
        terms and conditions and applicable to them from time to time.

2.      a)      Estimated cost of work               :      Rs. 1,65,587/-

        b)      Cost of tender form                  :      *Rs.577/- (Rupees
                                                            Five Hundred Seventy
                                                            Seven only).

        c)      Time period allowed for completion :        One Year(2010-2011)

        d)      Earnest Money to be deposited        :      *Rs.3312/-

        *To be submitted along with application in the form of DD/Pay order for issue of
        tender

3.      Eligibly conditions:-

        All the specialized agencies/Intending tender(s) should have satisfactorily
        completed during last Five (5) years similar works in the organization specified in
        para 1 of the NIT (Three similar Agency quoting tender should have completed
        any one of the following condition in last seven years i.e. up to 30.06.2010. All
        the specialized agencies/intending tender should have satisfactory completed

        a)      At least one work of 80% Estimated cost.

        b)      At least two works of the 50% of the estimated cost

        c)      At least three works of 40% of estimated cost

4.      The intending tenders while applying for issue of the tenders forms shall submit
        details of the completed works along with attested copies of certificate/
        testimonials of their satisfy. Completion of work from the department concerned
        obtained from an officer not below the rank of Executive Engineer. They shall
        produce the original documents for verification, along with the application for
        tender.




Signature of Contractor                                      Signature of EE (C)
                                                                                          5

      5.a)The corresponding cost of tender form and E.M.D as specified in Para 2 above
      of the NIT in the form of demand draft drawn on Scheduled/Nationalized Bank in
         favour of Accounts Officer(Cash-BW) MTNL, Mumbai should also be submitted
         along with application form for obtaining blank tender documents.

        b) The tender cost as well as EMD is required to be given by tenderer in separate
        cover while submitting the tender in case the agency downloads the tender
        document from the website.

      6. a)Tender application can be made, tender form can be received, and tender can
         be submitted at the address given below on working days. The tender cost is
         payable by Demand Draft in favour of Accounts Officer (Cash) BW, MTNL,
         Mumbai.

        i)     Application for tender will be received
               up to to 16.00 hrs. on                                        08 -11 -10
               ii)Tender will be issued up to 16.00 hrs. on                  10 -11 -10

               iii)Tender will be received up to 15.00 hrs. on               11 -11 -10

               iv)Tender will be opened at 15.30 hrs.                        11 -11 -10
               Place of application, sale & receipt of tender


                                             O/o Executive Engineer(C)
                                             MTNL, CETTM Building,6th floor,
                                             Hirnandani garden, Powai,
                                             Mumbai-76.


        b)Booklet containing the terms and conditions and the schedule of rates is also
        available on website www.nividaseva.com or www.tender-mart.com or
        www.tender.gov.in or www.mtnl.net.in or on which can be seen/download
        intending tender.

7.      Tender will be issued to the original enlisted tenderer/tenderers only and power
        of attorney holders will not be entertained under any circumstances.

8.      The tender shall be submitted in wax sealed envelopes.

9.      Conditional tenders shall be summarily rejected.

10.     Tender documents shall not be sent/received by post.


                                             Executive Engineer(C)
                                             MTNL, CETTM Building, 6th floor,
                                             Hirnandani garden, Powai,
                                             Mumbai-76




Signature of Contractor                                         Signature of EE (C)
                                                                                            6




                    MAHANAGAR TELEPHONE NIGAM LIMITED
                        INSTRUCTIONS TO TENDERER

1.     The Executive Engineer (CIVIL / ELECTRICAL ) ___________________________
       MTNL, Mumbai invites the tenders for and on behalf of MTNL for the work detailed in
       the Press Notice for invitation of Tender.
2. 1) The tender document for the work, shall consist of the following.
       PART - i
       a)      Press Notice Inviting Tender.
       b)      Instructions to tenderer.
       c)      General Terms and Conditions of Contract.
       d)      Special Conditions of contract.
       e)      The Specifications and drawings referred to in the Tender documents.
       PART - II
       a)      Schedule of Quantities.


2. 2) The Site for the work is available.
3.     The tenderer must submit his tender in the prescribed tender form duly completed
       and signed by the tenderer. The tenderer shall always be placed under wax sealed
       cover super scribed with the following information and affixed with his signatures over
       his stamp :
      (1)   Name of the work (2) Tender No. (3) Name of the tenderer. (4) The last date of
            receipt of the tender. The sealed envelope shall be addressed to the Executive
            Engineer (CIVIL / ELECTRICAL) _______________________________ The
            Envelope will be received by the Executive Engineer(Civil/elect)
            ______________________________ up to 15.00 Hrs. on ______________ and
            will be opened by him in his office on the same day at 15.30 Hrs. in the presence
            of the tenderers who wish to remain present. Unsealed tenders shall be
            summarily rejected.
4.     Issue of tender forms will be stopped two days before the date fixed for the opening
       of
       tenders.
5.     Earnest   Money     amounting       to   Rs.       ________________            (Rupees
       ______________________ ________________________________ in the form of a
       Demand Draft in the name of Accounts officer (Cash BW), MTNL, Mumbai must
       accompany each tender and it should remain valid till the period of validity of tender.
6. (a) The tenderer whose tender is accepted will be required to furnish Bank Guarantee by
       way of Performance Guarantee for due fulfillment of his Contract. Such sum will be at
       the rate of 5% (five percent) of the Contract Value. The Performance Guarantee shall



Signature of Contractor                                        Signature of EE (C)
                                                                                               7

      remain valid up to completion of the Work and shall be released after satisfactory
      completion of the Work.
6. (b) Security Deposit shall be collected by deductions from the running bills of the
        Contractor at the rate of 10 % (Ten Percent) of the gross value of the work done in
        each running bill till it reaches the amount calculated @5% of contract value. Earnest
        Money deposited at the time of submission of tender will be treated as part of the
        security Deposit. The Security Deposit shall be retained and the same shall be
        released after six months from the date of completion of work or finalization of the bill
        whichever is later.
7.      MTNL, does not bind itself to accept the lowest tender and reserves the right to reject
        all or any of the tenders received without assigning any reason. Tenders in which any
        of the prescribed conditions are not fulfilled or are incomplete in any respect, are
        liable to be rejected.
8.      All rates should be quoted in the tender form alone in the schedule of quantities
        detailed at Part II of the tender document.
9       Item wise amounts, subgroup, subtotals and grand total of prices are to be very
        clearly indicated.
10.     No Engineer of Gazetted rank or other Gazetted officer employed in Engineering or
        administration duties in an Engineering Department of MTNL/Govt. of India is allowed
        to work as a contractor for a period of two years after his retirement from Govt.
        Service without the previous permission of the Govt. of India/MTNL. 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 has not obtained permission of the Govt. of
        India/MTNL as aforesaid before submission of the tender or engagement in the
        Contractor‟s service.
11.     If it is found that the tender is not submitted in proper manner or contains too many
        corrections or absurd rates or amounts, it would be open for the MTNL to take
        suitable disciplinary action against the Contractor.
12.     Engineer-in-Charge or his duly authorized representative will open tenders in the
        presence of intending contractors who may be present at the time of opening.
13.     The work shall be carried out by the Contractor in a manner complying in all respect
        with the requirement of relevant bye-laws/orders of the Local/Municipal bodies and
        pay all fees and charges which may be leviable at his own cost. Wherever local bye
        laws require engagement of licensed plumbers/Electrical Inspectors or any other
        specialized persons, the Contractor shall engage them at his own cost. The
        completion certificates, wherever applicable, to meet the statutory obligations, shall
        be arranged by the Contractor.
14.      The work will be carried out in accordance with the Architectural Drawings and
        Structural Drawings to be issued by the Engineer-in-Charge. The Structural and
        Architectural Drawings shall have to be properly correlated before executing the
        Work. In case of any difference noticed between Architectural and Structural
        drawings, final decision, in writing of the Engineer-in-Charge shall be obtained by the
        Contractor. For items where so required, samples shall be prepared before starting



Signature of Contractor                                          Signature of EE (C)
                                                                                         8

    the particular item(s) of work for prior approval of the Engineer-in-Charge and nothing
    extra shall be payable on this account.




Signature of Contractor                                     Signature of EE (C)
                                                                                          9

                          GENERAL CONDITIONS OF CONTRACT
    1.0    DEFINITIONS
      a)   The “MTNL” shall mean Mahanagar Telephone Nigam Ltd., New Delhi having
           its registered office at 12th Floor, Jeevan Bharati Building, Connaught Place,
           New Delhi-110001 and shall include their legal representatives, employees and
           permitted assignees.
      b)   The “CMD MTNL” shall mean the Chairman and Managing Director, of
           Mahanagar Telephone Nigam Ltd.,or his successors in the office or his
           authorized Officer.
      c)   The “CGM MTNL” shall mean the Chief General Manager, MTNL, Mumbai or
           his successors in the office or his authorized officer.
      d)   The “CE(BW)” shall mean the Chief Engineer (BW) MTNL, Mumbai or his
           successors in the office or his authorized Executive.
      e)   The “Contract” shall mean the Press Notice for inviting tender, the tender
           documents and letter of acceptance thereof and the formal agreement, if any,
           executed between the MTNL and the Contractor together with the complete
           documents referred to therein including the conditions with appendices and any
           special conditions, the specifications, designs, drawings, schedule of quantities
           with rates and amounts and schedule of rates. All these documents taken
           together shall be deemed to form one Contract and shall be complementary to
           each other.
      f)   The “Contractor” shall mean the individual or firm or company whether
           incorporated or not, undertaking the work and shall include legal
           representative(s) of such individual or persons composing such firm or
           company or successors of such firm or company as the case may be and
           permitted assignees of such individual or firm or company.
      g)   The “Engineer-in-Charge” shall mean the Officer of the MTNL who shall direct,
           supervise and be in-charge of the work for purposes of the Contract. The
           Engineer-in-Charge may nominate his representative(s) and authorize
           him/them to assist in performing his duties and functions.
      h)   The “Work” shall mean the works to be executed in accordance with the
           Contract or part(s) thereof as the case may be and shall include all extra or
           additional, altered or substituted works or temporary and urgent works as
           required for performance of the Contract.
      i)   The “Permanent Works” shall mean and include the works which will be
           incorporated in and form a part of the Work to be handed over to the MTNL by
           the Contractor on completion as per the Contract.
      j)   The “Temporary Works” shall mean all temporary works of every kind required
           in or about the execution, completion or maintenance of the Work.
      k) The “Site” shall mean the land and/or other places on, under, into or through
         which the Work is to be executed under the Contract including any other lands or
         places which may be allotted by the MTNL or used for the purpose of this
         Contract.
      l) The “Letter of Acceptance” shall mean intimation by a letter in writing by the
         MTNL to the successful tenderer that his tender has been accepted in
         accordance with the provisions contained therein.



Signature of Contractor                                     Signature of EE (C)
                                                                                           10

           The “Contract Value” shall mean the amount at which the tender has been
           accepted.
      m) The “Press Notice” shall mean the intimation through press notice or in any other
         manner to contractors inviting them to bid for the Work.
      n) The “Tender” shall mean the proposal along with supporting documents
         submitted by eligible tenderer for consideration of the MTNL.
      o) The “Mobilization” shall mean establishment of sufficiently adequate infrastructure
         by the Contractor, comprising of construction equipments, aids, tools, tackles,
         including setting of site offices with facilities such as power, water, communication
         etc., establishing manpower organization comprising of Resident/Site Engineer,
         supervisory personnel and an adequate strength of skilled, semi-skilled and
         unskilled workers, materials etc., who with the so established infrastructure shall
         be in a position to commence execution of work at the Site, in accordance with
         the agreed Time for Completion of the Work Mobilization shall be considered to
         have been achieved, if the Contractor is able to establish infrastructure as
         indicated above to the satisfaction of Engineer-in-Charge.
      p) The “Specifications” referred to in these conditions shall mean the relevant
         Central Public Works Department Specifications 1996 with correction slips issued
         upto the date of receipt of tenders. It shall also include the latest edition of
         relevant Bureau of Indian Standard Codes including all amendments issued upto
         the date of receipt of tenders.
      q) The ”Market Rates” shall be the rates as decided by the Engineer-in-Charge on
         the basis of the cost of material and labour at the Site where the work is to be
         executed, plus ten (10) percent to cover all overheads and profits. For
         assessment of cost of materials the Engineer-in-Charge shall take in case of
         materials issued by MTNL or else the market rates. The labour rates shall be the
         minimum wage rates specified from time to time by the local
         government/administration and where not available, then the rates at sites.
      r) The Schedule of Rates referred to shall mean the CPWD, Delhi Schedule of
         Rates 2002 with the amendments thereto issued up to the date of receipt of
         tenders.
      t)    The „‟Sub-Contractor‟‟ shall mean any person or firm or company (other than
            the Contractor) to whom any part of the work, specialized in nature or
            otherwise, has been entrusted by the Contractor, with the prior written consent
            of the Engineer-in-charge.
      u)    The “Subgroup” shall mean the parts into which the schedule of quantities
            have been divided in Part II of this document.
      v)    The “Completion Certificate” shall mean the certificate to be issued by
            Engineer-in-charge when the work has been physically completed in
            accordance with the Contract.
      w)    The “Defect Liability Period” in relation to the Work shall mean the specified
            period counted from the date of completion during which the Contractor stands
            responsible for rectifying all defects that may appear in the Works executed by
            the Contractor in pursuance of the Contract and includes workmanship defects
            etc., warranties against manufacturing/fabrication defects covering all materials
            components and the like supplied/executed by the Contractor.




Signature of Contractor                                       Signature of EE (C)
                                                                                             11

      2.0    INTERPRETATIONS
      2.1    Singular and Plural
        Words imparting the singular only also include the plural and vice-versa where the
        context requires.
2.2     Headings and Marginal Notes.
        Headings and marginal notes to these General Conditions shall not be deemed to
        form part thereof or be taken into consideration in the interpretation or construction
        thereof or of the Contract.
2.3     Meanings
        Wherever in this Contract the words directed, permitted, required, ordered designed,
        considered, necessary or like words are used, it shall be understood that the said
        directions, permissions, requirements, orders, designs etc. of the Engineer-in-Charge,
        are intended. Similarly words approval, acceptable, satisfactory or like words shall
        mean approved by or acceptable or satisfactory to the Engineer-in-Charge unless
        any other meaning is plainly intended.
2.4     Languages and Measures
        All documents pertaining to the Contract, Drawing or any other writings shall
        preferably be written in English Language. The Metric System of measurement shall
        be used in the Contract unless otherwise specified.
3.0     GENERAL
3.1     Transfer of Documents
        Transfer of tender document purchased by one intending to another is not
        permissible.
3.2     Site Availability
        The Site for the work is available. The general information can be obtained from the
        Engineer-in-Charge.
3.3     Tenderer to have visited site
        The tenderer shall be deemed to have visited the Site and familiarized himself
        thoroughly with site conditions before submitting the Tender. Non-familiarity with the
        site conditions will not be considered a reason for extra claims or for not carrying out
        the works in strict conformity with and specifications. The Tenderer shall read the
        Specifications and study the drawings and verify all plans, elevations and sections
        etc, shown in the drawings and ,in case of doubt, obtain required particulars, from the
        Executive Engineer which may in any way influence his tender. No extra Payment
        whatsoever will be made beyond the Contract for the alleged ignorance thereof.
3.4     Changes in layout
        Any changes in layout due to site conditions or technical requirement shall be binding
        on
        the Contractor and no extra claim on this account shall be entertained.
3.5     Tenderer to obtain his own information
        The tenderer shall be deemed to have examined the tender documents, and to have
        obtained all necessary information in all matters whatsoever that might influence
        carrying
        out the Works at the rates, prices quoted in pricing schedules and satisfied himself to




Signature of Contractor                                         Signature of EE (C)
                                                                                                   12

      the
      sufficiency of his tender etc.
3.6     Land for Contractor’s Office, Store, Workshop etc.
        a)     The Engineer-in-Charge shall at his discretion and convenience and for the
               duration
                 of execution of the Contract make available at site, free of charge land for
                 construction of contractor’s field office, workshop, stores, etc. required for
               execution
                 of the Contract. Leveling and dressing of site, any construction of temporary
               roads,
                 office, godown, workshop etc. and maintenance thereof shall be done by the
                 Contractor at his own cost. The office at site shall be open at all reasonable
               hours                                                                         to
                 receive instructions, notice or other communications, etc.
        b)     On completion of the work, the Contractor shall hand over the land duly cleaned to
                  the Engineer-in-Charge. Until and unless the Contractor has handed over the
               vacant
                  possession of land allotted to him for the above purpose, the payment of his final
               bill
                  shall not be made. In the event of the Contractor failing to vacate the Site, the
               Engineer-
                  in-Charge at his discretion shall get the Site vacated at the cost of the Contractor.
          c)     The Contractor shall not allow his workmen to put up any unauthorized hutments,
                 canteen or tea shops etc., on the MTNL‟s property.


3.7     Water and Power Supply
3.7.1 Supply of Water
      The Contractor shall make his own arrangements for unfiltered / filtered water
      required for the Work, his labour, his workshop and his offices etc. for which nothing
      extra shall be paid. He should make arrangement for storage of sufficient quantity of
      water required or unhindered execution of the Work. It will be the responsibility of the
      Contractor to satisfy the Engineer-in-Charge that the water drawn by him is fit for
      construction and to adequately treat such water at his own cost when it is not found fit
      for said purpose.
3.7.2 Supply of Power
      The Contractor shall make his own arrangement for unhindered supply of power for
      the execution of the Work, labour, workshop, stores, office etc., at his own cost. He
      shall also make his own arrangements for temporary electric connection, if required,
      and make necessary payments for it direct to the concerned department at his own
      cost.
3.8   Works to be carried out
        The Contractor shall provide, at his own cost, all materials, plants, tools, equipments,
        appliances, implements, ladders, cordages, tackle, scaffolding and temporary works
        required for proper execution of the Work, whether original, altered or substituted and
        whether included in the Specifications or other documents forming part of the Contract or
        not, or which may be necessary for the purpose of satisfying or complying with the



Signature of Contractor                                              Signature of EE (C)
                                                                                                 13

       requirements of the Engineer-in-Charge as to any matter as to which under these conditions
       he is entitled to be satisfied, or which he is entitled to require together with carriage
         thereof to and from the Work. The Contractor shall supply without charge the requisite
         number of persons with means and materials, necessary for the purpose of setting out
         the works, counting, weighing, assisting in measurements or examination of the Work
         from
         time to time.
3.9      Approximate Quantities
         The quantities shown against the various items are approximate. Any increase or
         decrease in the quantities shall not form the basis for alteration of the rates quoted
         and accepted, subject to the provisions contained in clause 13.0
3.10     Sub-Contractors
         If the tenderer intends to execute any part of the Work by sub-contractor, he shall indicate
         this clearly along with tender bid and mention the name and address of the subcontractor
         to be employed. He shall submit complete bio data of such sub-contractor(s). Sub-
         contractor(s) shall be approved by the Engineer-in-Charge. The approval of any of such
         sub-contractor shall not have any effect on responsibility of the Contractor for due and
         proper performance of the total Contract and the Contractor shall remain squarely
         responsible for the due execution of the Contract in all respects.
3.11     List of MTNL Employees
         The Tenderer shall submit the list of the MTNL employees related to him. The Tenderer
         shall
         not be permitted to tender for works in MTNL (unit responsible for award and execution of
         contracts) in which his near relative is posted as JAO/AAO/AO or an officer in any
         capacity between the grades of Superintending Engineer and Junior Engineer both
         inclusive. He shall also intimate the names of the persons, who are working with him in
         any capacity or are subsequently employed by him, and who are near relatives to any
         official in MTNL. Any breach of this condition by the Contractor would render him liable to
         be refused tenders in future.
3.12     MTNL, Employees not bound personally
         No official of MTNL shall in any way be bound or liable personally for acts or
         obligations of MTNL under the contract or be answerable for any default or omission
         in the observance or performance of any of the acts, matters or things which are
         contained in the Tender Document.
4.0      PURCHASE PREFERENCE TO TENDERER
         If there is any purchase preference allowed by the Government of India, to the
         tenderer, same shall be allowed as per rules applicable at the time of receipt of
         tenders. The tenderer shall submit supporting documents along with the bid.
5.0      FORFEITURE OF EARNEST MONEY
5.1      The Earnest Money of the tenderer may be forfeited.
         a)   If the tenderer withdraws his tender or modifies his offer in a manner,
              unacceptable to the MTNL during the period of validity of tender, or,
         b)   In case of successful tenderer, if the tenderer fails to either sign the Contract,
              or furnish the Performance Guarantee within stipulated period, or commence
              the work, in accordance with the terms of the Contract.
6.0      VALIDITY OF TENDER


Signature of Contractor                                             Signature of EE (C)
                                                                                             14

             The tender for the Work shall remain valid for a period of 90 days from the date
      of opening of tenders.
7.0     TIME SCHEDULE AND DELAY
7.1     The time allowed for carrying out the Work will be reckoned from the 15th day after
        issue of letter of acceptance of the tender. The time allowed for execution of the Work
        as specified in the Contract or the extended time in accordance with these conditions
        shall be deemed to be the essence of the Contract.
7.2     The programme of execution of the Work will be framed in accordance with time for
        completion as per the Contract. Detailed construction programme will be drawn by
        the Contractor and submitted to the Engineer-in-Charge for approval. The Contractor
        shall scrupulously adhere to these targets/programmes by deploying adequate
        personnel, equipment and construction tools & tackles and shall also arrange himself
        all materials of supply in good time to achieve the target / Programme. In all matters
        concerning the extent of target set out in the programmes and the degree of
        achievement, the decision of the Engineer-in-Charge will be final and binding on the
        Contractor.
7.3     If the work be delayed for the reasons beyond the contractor‟s control, then upon
        happening of any such event causing delay, the Contractor within fourteen days of
        happening of such event, shall request for the extension of time indicating the period
        for which extension is desired, in writing to the Engineer-In-Charge but shall
        nevertheless use constantly his best endeavors to prevent or make good the delay
        and shall do all that may be reasonably required to the satisfaction of the Engineer-in-
        Charge to proceed with the works. In such case the DGM/CE (CIVIL) at his absolute
        discretion may give a fair and reasonable extension of time for completion of the
        work.
8.0     SUBMISSION OF TENDER
8.1     Tenderer shall submit the tender based strictly on the terms and conditions of the
        tender documents and not stipulate any deviations. The completed tender shall be
        submitted in a Wax sealed Envelope. Unsealed tenders shall be summarily rejected.
8.2     The tender documents to be submitted shall consist of :
        a)    A complete set of the documents as issued along with addenda/corrigenda to
              the tender documents so sold or issued, duly filled by the tenderer as
              prescribed in different clauses of the tender documents, signed and date
              affixed.
        b)    Bank Draft/Call Deposit Receipt from a scheduled Bank guaranteed by RBI,
              towards Earnest Money.
        c)    Power of Attorney of the signatory of the tender
        d)    Solvency certificate from a scheduled Bank guaranteed by RBI.
        e)    Documents as detailed below :
              i)  Concurrent commitments of the tenderer (Form - A)
              ii)    Details of equipments, tools & tackles proposed for use including the
                     details of those owned or to be purchased/hired by the tenderer for the
                     work. (Form-B)
              iii)   List of sub-contractors along with complete bio data whom the tenderer
                     wishes to associate. (Form-C)



Signature of Contractor                                         Signature of EE (C)
                                                                                           15

             iv)   Site organization proposed to be set up by the tenderer for the Work
                   and the time frame thereof including the bio-data of the site-in-charge and
                   key personnel (Form D).
             v)    List of additional documents. (Form-E)
8.3    Signature in Tender Document by Tenderer.
8.3.1 The tenderer shall submit tender in the prescribed format duly completed and signed.
      All signatures in tender documents shall be dated, as well as the pages of all sections
      of tender documents shall be initialed at the bottom or signed wherever required in
      the tender papers by the tenderer or by a person holding power of attorney
      authorizing him to sign on behalf of the tenderer before submission of tender.
8.3.2 The tender shall contain the name, place of residence and business of person or
      persons submitting the tender and shall be signed by the tenderer with his usual
      signature. Partnership firms shall furnish full names of all partners in the tender. It
      should be signed in the partnership‟s name by all the partners or by duly authorized
      representative followed by the name and designation of the person signing. A copy of
      constitution of the firm with names of all partners shall be furnished. Tender by a
      Public Sector Undertaking shall be signed by an authorized representative and a
      power of attorney on that behalf shall accompany the tender.
8.3.3 The signature should be attested by two witnesses. The witness shall be persons of
      status. Their name, occupation and address shall be stated below their signatures.
      The tender for the Work shall not be witnessed by the contractor, or contractors who
      himself / themselves has/have tendered for the same work. In the event of failure to
      observe this condition, tenders of the contractors tendering as well as witnessing are
      liable to summary rejection.
8.4    Rates in Tender Document
8.4.1 The tenderer shall quote his rates preferably in English, (both in figures as well as in
      words) in the schedule of quantities (Part II) forming part of the tender documents in
      such a way that interpolation is not possible. The amount for each item shall be
      worked out and total given for each subgroup. Tendered amount for the Work shall
      be entered in the tender and duly signed by the tenderer. When a tenderer signs the
      tender in an Indian Language, the total amount tendered in the tender documents
      should also be written in same language.
8.4.2 In case discrepancies are found between the rates quoted in words and figures or the
      amount shown in any item, the following procedure shall be followed. :
      a)    When there is difference between the rates in figures and words, the rate which
            corresponds to the amount worked out by the tenderer shall be taken as
            correct.
       b)    When the rates quoted by the tenderer in figures and words tally but the
             amount is incorrect, the rate quoted by the tenderer shall be taken as correct.
      c)     When it is not possible to ascertain the correct rates by either of the above
             methods, the rate quoted in words shall be taken as correct.
8.4.3 In case of figures, the word Rs. should be written before the figures of Rupees and
      the word P. after the decimal figures, e. g. the figures Rs. 2.15 P. in case of words
      should be written like Rupees two and fifteen Paisa only. 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.



Signature of Contractor                                        Signature of EE (C)
                                                                                               16

       8.5     Corrections and erasures :
              All corrections and alterations in the tender papers shall be signed in full by the
         tenderer with date. No erasures and/or over writings are permissible. If it is found that
         the tender is not submitted in proper manner or contains too many corrections or
         absurd rates or amounts, it would be open to MTNL to reject the tender and/or to take
         any other action against the contractor as deemed fit.
9.0      RIGHT OF MTNL TO ACCEPT OR REJECT TENDER
9.1      The right to accept or reject the tender will rest with the MTNL. The MTNL further
         does not bind itself to accept the lowest tender and reserves its right to reject all or
         any of the tenders received without assigning any reason whatsoever.
9.2      Canvassing in connection with tenders is strictly prohibited. The tenders of the
         tenderers who resort to canvassing are liable to rejection.
10.0     CONTRACT
10.1     Signing of the Contract
         The successful tenderer shall be required to execute an agreement with the
         Engineer-in-charge in the Proforma annexed to tender document, within 15 days of
         issue of letter of acceptance by the MTNL. In the event of failure on the part of the
         successful tenderer to submit the Performance Guarantee & Sign the Agreement, the
         Earnest Money will be forfeited and the tender cancelled.
10.2 Certified Copy of Contract Document
10.2.1 The Contractor will be supplied, free of charge one certified true copy of the Contract.
       Document except standard specification and the standard schedule of rates and such
       other printed or published documents. One set of drawings shall be issued during the
       progress of the Work. He shall keep these documents at Site and same shall be
       available for use of Engineer-in-Charge or his representative at any time during the
       Contract Period.
10.2.2 The Contractor shall maintain secrecy of these documents and none of these
       documents shall be used for any purpose other than that of this Contract.
11.0 CONTRACT DOCUMENTS - GENERAL
11.1     Complete documents forming the Contract are to be taken as mutually explanatory.
         Should there be any discrepancy, inconsistency, error or omission amongst any of
         them, the matter may be referred to Engineer-in-Charge who shall give the decision,
         which shall be final and conclusive and the Contractor shall carry out work
         accordingly.
11.2     The special conditions of the contract, if any, shall be read with General Conditions of
         Contract, and other tender documents. Where any portion of the General Conditions
         of the Contract is at variances with any provisions of the Special Conditions of
         Contract, unless a different intention appears, the provisions of the Special
         Conditions of Contract shall be deemed to over-ride the provisions of the General
         Conditions of Contract and shall to the extent of such variations prevail.
11.3.1 In case of conflict/discrepancy amongst the provision of the Specifications, following
       order of precedence shall be observed :
         i)    Nomenclature of items of Schedule of Quantities.
         ii)   Provisions in detailed drawings.




Signature of Contractor                                           Signature of EE (C)
                                                                                           17

       iii)       Provisions of special conditions / additional specifications attached.
       iv)        Provisions of CPWD specifications 1996
       v)     Provisions of BIS codes.
       vi)    Direction of Engineer-in-Charge.
11.3.2 If the specifications for any item of work are not covered in any of the documents
       mentioned as above, the Contractor will seek clarifications from the Engineer-in-
       Charge whose decision shall be final and binding.
11.4   In case there is any discrepancy in frequency of testing as given in list of mandatory
       tests and that in individual sub-heads of work as per CPWD Specifications and BIS
       Codes, the higher of the frequencies of testing shall be followed, and nothing extra
       shall be payable to the Contractor on this account.
11.5   Any non-destructive tests required to satisfy the Engineer-in-Charge shall be got
       done by the Contractor who shall be paid suitably in this regard by the Engineer-in-
       Charge.
11.6   Additional Specification ; for the Work
11.6 1 Ordinary Portland Cement (O. P. C.) of minimum 43 grade conforming to I.S. 8112-
       1989 shall be used for the Work
11.6.2 Any cement slurry added over base surface or for continuation of concreting for better
       bond, is deemed to have been in-built in the items, unless otherwise explicitly stated
       and nothing extra shall be payable and/or extra cement considered in consumption
       on this account.
11.6 3 In case of reinforcement steel, the Contractor shall bring steel reinforcement of
       required diameters and conforming to relevant BIS Code. The standard co-efficient of
       weight per metre shall be adopted to work out quantity of reinforcement payable. In
       case weight per unit length is less than the standard co-efficient of weight, then
       coefficient as per actual shall be adopted.
11.6 4 The day to day receipts and issue account of cement and steel reinforcement and
       other bulk items shall be maintained by the authorized representative of the
       Engineer-in-Charge and signed daily by the Contractor or his authorized agent in the
       prescribed proforma.
11.6.5 The doors & windows shutters, as specified shall conform to relevant BIS codes and
       shall be obtained from factories to be approved by the Engineer-in-Charge
11.6.6 The Contractor shall use tubular steel systems for propping and centering or as
       approved by the Engineer-in-Charge. The shuttering shall be of steel plates and/or
       water proof ply or as approved by the Engineer-in-Charge.
11.6.7 Shuttering made of Fibre Reinforced Plastic shall be used in case of casting of
       coffers.
11.7   Drawings to be supplied by MTNL
11.7.1 The drawings available with MTNL at the time of tender are only for the general
       guidance to the Contractor to enable him to visualize the type of work to be executed.
       The Contractor will be deemed to have studied the drawings and formed an idea
       about the total work involved.




Signature of Contractor                                        Signature of EE (C)
                                                                                            18

       11.7.2 In the course of progress of the work, the detailed working drawings on the basis
       of which actual execution of the work has to proceed, shall be furnished in stages. The
         Contractor shall be deemed to have gone through the drawings supplied to him
         thoroughly and carefully in conjunction with all other connected drawings, and
         discrepancies if any, shall be brought to the notice of the Engineer-in-Charge before
         actually carrying out the work.
12.0     PERFORMANCE GURANTEE AND SECURITY DEPOSIT
12.1     Performance Guarantee
12.1.1 The successful tenderer will be required to furnish Bank Guarantee by way of
       Performance Guarantee for due fulfillment of the Contract and shall submit after
       award of work and before signing of the Contract / Agreement, for a sum equal to 5 %
       (Five percent) of the contract value. The Performance Guarantee shall remain valid
       upto completion of the work and the same shall be released on satisfactory
       completion of the work
12.1.2 Forfeiture of Performance Guarantee.
         In case the Contractor fails to complete the work, MTNL, without prejudice to rights
         and remedies available under the contract, shall forfeit and encash the Performance
         Guarantee Amount and credit it to MTNL.
12.1.3 In case the bank goes in liquidation or for any reason is unable to make payment
       against the said Bank Guarantee the loss caused thereby shall be borne by the
       Contractor. The Contractor forthwith, on demand from MTNL, shall make good the
       deficit.
12.2     Security Deposit
12.2.1 The Contractor shall permit MTNL at the time of making any payment to him for work
       done and measured under the Contract, to deduct such sum at the rate of 10 % of
       the gross value of the work done In each running bill till it reaches 5% of the contract
       value, towards Security Deposit. Earnest money, if any, already deposited by the
       Contractor shall be adjusted towards Security Deposit. The whole amount shall be
       retained upto a period of 6 months from the date of completion of work i. e. till the
       Expiry of Defect Liability Period or finalization of the bill, whichever is later.
12.2.2 All compensation or the other sums of money payable by the Contractor under the
       terms
       of this Contract may be deducted from his Security Deposit or from any sums which
       may
       be due to or may become due to the Contractor by MTNL on any account whatsoever
       and in the event of his Security Deposit amount being reduced by reason of any such
       deduction, the Contractor shall within 10 days make good in cash or Demand Draft of
       any scheduled bank in favour of Accounts Officer (cash BW) MTNL, Mumbai.
12.3 If the Contractor damages, breaks, or destroys the property belonging to the MTNL or
       others during the execution of the Contract, the same shall be made good by the
       Contractor at his own expense and in default thereof, the Engineer-in-Charge may
       cause the same to be made good by other agencies and recover expenses from the
       Contractor for which the certificate of the Engineer-in-Charge shall be final and
       binding.
13.0     DEVIATIONS / VARIATIONS :- EXTENT & PRICING




Signature of Contractor                                         Signature of EE (C)
                                                                                                    19

       13.1       The Engineer-in-Charge shall have powers
       i)               to make alteration in, omissions from, additions to, or substitutions from
                  the original specifications, drawings, design & instructions that may appear to
                  him, to be necessary during the progress of the work, and
            ii)   to omit a part of the work in case of non availability of portion of the Site or for
                  any other reasons, and, the contractor shall be bound to carry out the work in
                  accordance with any instructions given to him in writing signed by the Engineer-
                  in-Charge and such alterations, omissions, additions or substitution shall form
                  part of the Contract as if originally provided therein and any altered, additional
                  or substituted work which the Contractor may be directed to do as part of the
                  Work, shall be carried out by the Contractor on the same conditions in all
                  respects including price on which he agreed to do the main work except as
                  hereafter provided. The Contractor shall not carry out such works without
                  written instructions from the Engineer-in-Charge.
13.2        The time for completion of the work shall, in event of any deviations resulting in
            additional cost over the Contract Value being ordered, be extended, if requested by
            the Contractor in the prescribed proforma.
            a)     in the proportion which the additional cost of the altered, additional or
                   substituted work, bears to the contract value, plus,
            b)     25 % of the time calculated in (a) above or such further additional time as may
                   be considered reasonable by the DGM(C) / CE (BW) and the certificate of
                   Engineer-in-Charge for further extension of period allowed shall be conclusive
                   and binding on the Contractor.
13.3        The rates for such additional, altered or substituted work shall be determined by the
            Engineer-in-Charge in accordance with the following provisions in their respective
            order
                  i)     If the rate for additional, altered or substituted item of work is specified in
                         the Schedule of Quantities, the Contractor shall carry out the additional,
                         altered or substituted item at the same rate. In the case of composite
                         tenders where two or more sub-groups as indicated in press notice inviting
                         tender may form part of the Contract, the applicable rate shall be taken
                         from the subgroups of that particular part in which the deviation is
                         involved, failing that at the lowest applicable rate for the same item of work
                         in all the sub-groups.
                  ii)    If the rate for any additional, altered or substituted item of work cannot be
                         determined in the manner specified in sub-para (i) above, then such item
                         of
                         work shall be carried out at the rate entered in the CPWD, Delhi Schedule
                         of Rates 2002 with corrections slips issued up to the date of opening of
                         tenders plus/minus the overall percentage above / below the estimated
                         cost.
                  iii)   If the rate for any altered, additional or substituted item of work cannot be
                         determined in the manner specified in sub-paras (i) & (ii) above or the
                         quantities have deviated beyond the deviation limit prescribed at (iv)
                         below, the Contractor shall, within 15 days of the date of receipt of the
                         order to carry out the said item, inform the Engineer-in-Charge of the rate
                         which he proposes to claim for such item of work, supported by proper



Signature of Contractor                                                Signature of EE (C)
                                                                                            20

    detailed analysis of the rate claimed notwithstanding the fact that the rates for such
    items exit in the tender for the main work or can be derived in accordance with the
                  provisions of sub clauses above. The Engineer-in-Charge shall, after
                  giving due consideration to the rates on the basis of prevailing market
                  rates, determine the rate. In the event of the Contractor failing to inform
                  the Engineer-in-Charge within the stipulated period of time, the rate which
                  he proposes to claim, the rate of such item shall be determined by the
                  Engineer-in-Charge on the basis of market rate(s). The decision of the
                  Engineer-in-Charge as to the prevailing market rates and quantum of
                  materials, labour etc. involved per unit of measurement shall be final and
                  binding on the Contractor.
                     The Engineer-in-Charge shall, however, be at liberty to cancel his order
                  to carry out such            items or increased quantities of work by giving
                  notice in writing to the Contractor and arrange to carry out in such manner
                  as he considers fit. But under no circumstances the Contractor shall
                  suspend the work on the plea of non settlement of rate(s) of item(s) failing
                  under this clause.
       iv)  The quantum of items of works set out in the tendered documents and those
            derived as detailed at (i) & (ii) above shall be allowed to deviate as under
       a)   For items of work relating to foundations and plinth including basement : No
            limit
       b)   For all other items of work in excess of original quantities : 25 % of the original
            quantum of any item.
14.0 SUSPENSION OF WORK
14.1   The Contractor shall, on receipt of the order in writing of Engineer-in-Charge,
       suspend the work or any part thereof for such time and in such manner as the
       Engineer-in-Charge may consider necessary for any of the following reasons.
       i)   On account of any default on the part of the Contractor ; or
       ii)    For improper execution of the Work or part thereof for reasons other than the
              default of the Contractor ; or
       iii)   For safety of the works or part thereof, the Contractor shall, during such
              suspension, properly protect and secure the Work to the extent necessary and
              carry out the instructions given in that behalf by the Engineer-in-Charge, or
       iv)    On account of any order/instructions passed by the Govt. of India or Court,
              having direct bearing on the execution of Work.
14.2   If the suspension is ordered for reasons (ii) to (iv) in the sub clause 14.1 above, the
       Contractor shall only be entitled to an extension of the time equal to the period of
       every such suspension plus 25 % thereof. The Contractor shall not be eligible to
       claim any compensation by way of watch and ward, hire charges of Tools & Plants,
       Establishment expenses, loss or profit etc.
15.0   COMPENSATION FOR DELAY
15.1   If the Contractor fails to maintain the required progress in terms of clause 7.0 or to
       complete the Work and fails to clear the site on or before the stipulated or extended
       date of completion, he shall, without prejudice to any other right or remedy of the
       MTNL on account of such breach, be liable to pay compensation of an amount equal
       to one percent of the Contract value for every week that the work is not completed or


Signature of Contractor                                        Signature of EE (C)
                                                                                               21

       such smaller amount as decided by the CE (BW), whose decision in writing shall be
       final and binding. This compensation shall be in addition to the Performance Guarantee
          amount in case same is forfeited.
15.2     Provided always that the entire amount of compensation for delay to be paid under
         this clause shall not exceed ten percent of the Contract value.
15.3     The amount of compensation payable shall be deposited by Contractor, In case of
         failure to do so it may be adjusted or set-off against any sum payable to the
         Contractor including the Security Deposit and Performance Guarantee amount under
         this Contract or any other amount with MTNL.
16.0     BREACH OF CONTRACT
16.1     If the Contractor :
         a)    Having been given by the Engineer-in-Charge notice in writing to rectify,
               reconstruct or replace any defective work or that the work is being performed in
               any inefficient or otherwise improper or un workman like manner, shall omit to
               comply with the requirements of such notice for a period of seven days
               thereafter; or
         b)    Has failed to commence the work or has suspended the progress of work or
               has failed to proceed with the work so that in the judgement of the Engineer-in-
               Charge (which shall be final and binding) that he will be unable to secure
               completion of the work by the date of completion and continues to do so after a
               notice in writing of seven days from the Engineer-in-Charge; or
         c)    Commits default in complying with any of the terms and conditions of Contract
               and does not remedy it or take effective steps to remedy it within 7 days after a
               notice in writing is given to him by the Engineer-In-Charge; or
         d)    Being an individual, or if a firm any partner thereof, shall at any time during the
               currency of the Contract is adjudged insolvent or having received an order for
               administration of his estate made against him under any Insolvency Act for the
               time being in force or make any conveyance or assignment of his effect or
               composition or arrangement for the benefit of his creditors or purport so to do,
               or if any application be made under any Insolvency Act for the time being in
               force for the sequestration of his estate or if a trust deed be executed by him for
               benefit of his creditors; or
         e)    Being a company, passes a resolution or the Court makes an order for the
               liquidation of its affairs, or a receiver or manager on behalf of the debenture
               holders be appointed or circumstances arise which entitle the Court or
               Creditors to appoint a receiver or manager or which entitle the court to make a
               winding up order; or
         f)    assigns, transfer, sublets or attempts to assign, transfer or sublet the entire
               work or any portion thereof without the prior written approval of the Engineer-in-
               Charge,
         then the Engineer-in-charge may without prejudice to his rights against the Contractor
         in respect of any of the delay or inferior workmanship or otherwise or to any claims for
         damage in respect of any breach of the Contract and in addition to any rights or



Signature of Contractor                                           Signature of EE (C)
                                                                                               22

       remedies under any of the provisions of the Contract or otherwise and whether the date
       for completion has or has not elapsed, shall be a notice in writing have powers.
         i)     To determine or rescind the Contract as aforesaid (of which the termination or
                rescission notice in writing or the Contractor under hand of the Engineer-in-
                Charge shall be conclusive evidence). Upon such determination or rescission
                the Security Deposit and Performance Guarantee of the Contractor shall be
                liable to be forfeited and shall be absolutely at the disposal of the MTNL.
         ii)    To employ labour and to supply materials to carry out the Work or any part of
                the Work and debiting the Contractor with the cost of the labour and the price of
                the materials (of the amount of which cost and price certified by the Engineer-
                in-Charge shall be final and conclusive) against the Contractor and crediting
                him with the value of the work done in all respects in the same manner and at
                the same rates as if it had been carried out by the Contractor under the terms
                of the Contract. The certificate of the Engineer-in-Charge as to the value of the
                work done shall be final and conclusive against the Contractor provided always
                that action under this sub clause shall only be taken after giving notice in
                writing to the Contractor. Provided that if the expenses incurred by the MTNL
                are less than the amount payable to the Contractor at his agreement rates, the
                difference shall not be paid to the Contractor.
         iii)   After giving notice to the Contractor to measure up the work of the Contractor
                and to take such part thereof as shall be unexecuted out of his hands and to
                give it to another contractor to complete in which case any expenses which
                may be incurred in excess of the sum which would have been paid to the
                original contractor if the whole work had been executed by him (the certificate
                in writing of the Engineer-in-Charge for the amount which exceeds the amounts
                contracted for the unexecuted / imperfectly executed items shall be final and
                conclusive) shall be borne and paid by the original contractor and may be
                deducted from any money due to him under the Contract or on any other
                account whatsoever or from the Performance Guarantee and/or Security
                Deposit or the proceeds of sales thereof, or a sufficient part thereof as the case
                may be.
         In the event of any one or more of the above course being adopted by the Engineer-
         in-charge the Contractor shall have no claim to compensation for any loss sustained
         by him by reason of his having purchased or procured any materials or entered into
         any agreement or made any advances on account or with a view to the execution of
         the work or the performance of the Contract. In case action is taken under any of
         provisions aforesaid, the Contractor shall not be entitled or be paid any sum for any
         work unless and until the Engineer-in-Charge has certified in writing the performance
         of such work and the value payable in respect thereof.
17.0     CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION EVEN IF ACTION
         NOT TAKEN UNDER CLAUSE 16.
         In case, any of the powers conferred upon the MTNL by clause 16 hereof shall have
         become exercisable and the same had not been exercised, the non-exercise thereof
         shall not constitute a waiver of any of the conditions hereof. In the event of any case
         of default by the contractor for which, by any clause or clauses the contractor is
         declared liable to any compensation amounting to the whole of the security deposit
         and Performance Guarantee, the liability of the Contractor for past and future



Signature of Contractor                                           Signature of EE (C)
                                                                                             23

    compensation shall remain unaffected. In the event of the MTNL putting in force the
    powers vested in it under the proceedings of clause 16, the MTNL may, if so desire,
      take possession of all or any tools and plants, materials and stores in or upon the
      work or the site thereof belonging to the Contractor or procured by the Contractor and
      intended to be used for the execution of the work or any part thereof paying or
      allowing for the same in account at the Contract rates or in case of these not being
      applicable at current market rates to be certified by the Engineer-in-Charge, whose
      certificate thereof shall be final. The Engineer-in-Charge otherwise, may give notice in
      writing to the Contractor requiring him to remove such tools, plants, materials or
      stores from the premises - (within a time to be specified in such notice), and in the
      event of the Contractor failing to comply with any such requisition, the Engineer-in-
      Charge may remove them at the Contractor‟s expense or sell them by auction or
      private sale on account of the Contractor and at the Contractor‟s risk in all respects
      without any further notice as to the date, time or place of sale and the certificate of
      the Engineer-in-Charge as to the expense of any such removal and the amount of the
      proceeds and expense of any such sale shall be final and conclusive against the
      Contractor.
18.0 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK
18.1   If it shall appear to the Engineer-in-Charge or his representative or the Chief
       Technical Examiner, Central Vigilance Commission that any work has been executed
       with unsound, imperfect, or unskilled workmanship or with materials of any inferior
       description, or that any materials or articles provided by him for the execution of the
       Work are unsound or of a quality inferior to that contracted for or otherwise not in
       accordance with the Contract, the Contractor shall, on demand, in writing, which shall
       be made within 12 months of the certified completion of the work as recorded in the
       completion certificate, from the Engineer-in-Charge specifying the work, materials or
       articles complained of notwithstanding that the same may have been passed,
       certified and paid forthwith rectify or remove and reconstruct the work so specified in
       whole or in part, as the case may require or as the case may be, remove the
       materials or articles so specified and provide other proper and suitable materials or
       articles at his own proper charge and cost, and in the event of his failing to do so
       within a period to be specified by the Engineer and cost, and in the event of his
       failing to do so within a period to be specified by the Engineer-in-Charge in his
       demand aforesaid, then the Contractor shall be liable to pay compensation at the rate
       of the one percent on the Contract value for every week not exceeding 10 weeks,
       while his failure to do so shall continue and in the case of any such failure, the
       Engineer-in-Charge may rectify or remove and re-execute the work or remove and
       replace with other, the materials or articles complained of as the case may be at the
       risk and expense in all respect of the Contractor.
19.0   TECHNICAL EXAMINATION AND AUDIT
19.1   In case there is a technical examination even after 12 months of completion of work,
       the Contractor shall be liable for inferior quality of the Work and consequences
       thereof.
19.2   The Engineer-in-Charge shall have the right to cause and audit and technical
       examination of the work and the final bills of the Contractor including all supporting
       vouchers, abstract, etc. to be made after payment of the final bill and if as a result of
       such audit and/or technical examination any sum is found to have been overpaid, the




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                                                                                              24

       Contractor shall be liable to refund the amount of such overpayment and it shall be
       lawful for the Engineer-in-Charge to recover the same from him in the manner
         prescribed in sub-clause 18.1 hereof or in any other manner legally permissible; and
         if it is found that the Contractor was paid less than what was due to him under the
         Contract in respect of any work executed by him under it, the amount of such under
         payment shall be duly paid by the MTNL to the Contractor.
         Provided that the MTNL shall not be entitled to recover any sum overpaid, nor the
         Contractor shall be entitled to payment of any sum paid short where such payment
         has been agreed upon between the MTNL on the one hand and the Contractor on the
         other under any form of the Contract permitting payment for work after assessment
         by the Superintending Engineer-in-Charge / Deputy General Manager (Civil)-in-
         Charge.
20.0     POWER OF ENTRY
         If the Contractor does not commence the Work in the manner described in the
         Contract or the Contractor at any time, in the opinion of the Engineer-in-Charge.
         i)      Fails to carry out the Work in conformity with the Contract documents, or.
         ii)     Fails to carry out the works in accordance with the Contract time schedule, or.
         iii)    Substantially suspends the Work for a period exceeding 14 days without
                 authority from the Engineer-in-Charge, or
         iv)     Fails to carry on and execute the Work to the satisfaction of the Engineer-in-
                 Charge, or,
         v)      Fails to supply sufficient or suitable constructional plant, temporary works,
                 labour, materials or other things, or
         vi)     Commits, suffers, or permits any breach of any of the provisions of the Contract
                 on his part to be performed or observed or persist in any of the above
                 mentioned breach of the Contract for 14 days, after the notice in writing shall
                 have been given to the Contractor by the Engineer-in-Charge requiring such
                 breach to be removed, or

         vii)      Abandons the Work, or
         viii)   During the continuance of the Contract becomes bankrupt, makes any
                 arrangement or composition with his creditor, or permits any execution to be
                 levied or goes into liquidation whether compulsory or voluntary not being
                 merely a voluntary liquidation for the purpose of amalgamation or
                 reconstruction,

         then, in any such case the Engineer-in-Charge shall have the power to enter upon
         the Work and take possession thereof and of the materials, temporary works,
         constructional plant, and stock thereon, and to revoke the Contractor‟s license to use
         the same, and to complete the Work by his agents, other Contractors or workmen, or
         to sublet the same on any terms and to such other persons, firm or corporation as the
         Engineer-in-Charge in his absolute discretion may think proper to employ and for the
         purpose aforesaid to use or authorize the use any materials, temporary works,
         constructional plant, and stock as aforesaid without making payment or allowance to
         the Contractor for the said materials other than such as may be certified in writing by
         the Engineer-in-Charge to be reasonable and without making any payment or


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                                                                                               25

       allowance to the Contractor for the use of the said temporary works, constructional plant
       and stock or being liable for any loss or damage thereof and if the Engineer-in-Charge
          shall by reason for his taking possession of the Work for being completed by the
          other Contractor (due account will be taken of any such extra work or works which
          may be omitted), then the amount of such excess as certified by the Engineer-in-
          Charge shall be deducted from any money which may be due for work done by the
          Contractor under the Contract and not paid for. Any deficiency shall forthwith be
          made good and paid to the Engineer-in-Charge by the Contractor and the Engineer-
          in-Charge shall have power to sell in such manner and for such price as he may think
          fit all or any of the construction plant, materials, etc. constructed by or belonging to,
          and to recoup and retain the said sufficiency or any part thereof out of the proceeds
          of the sale.

21.0     FORECLOSURE / RESTRICTION OF CONTRACT
21.1     If at any time after acceptance of the tender, the MTNL decides to abandon or reduce
         the scope of the work for any reason whatsoever, the Engineer-in-Charge shall give
         notice in writing of the fact to foreclose or restrict the Contract, to the Contractor and
         the Contractor shall have no claim to any payment of compensation or otherwise
         whatsoever, on account of any loss or profit or advantage which he might have
         derived from the execution of the work. Further, the contractor shall not have any
         claim for compensation by reason of an alteration having been made in the original
         specifications, drawings, designs, and instructions which shall involve any curtailment
         of the work as originally contemplated.

21.2     In the event of foreclosure of the Contract an amount as certified by the Engineer-in-
         Charge for the items hereunder mentioned shall be paid.

         a)    Portion of expenditure, if any incurred on preliminary site work, e.g. temporary
               access roads, temporary labour huts, staff quarters and site offices, storage
               accommodation and water storage tanks.

         b)    i)    The Engineer-in-Charge shall have the option to take over Contractor‟s
                     materials or any part thereof brought materials or any part thereof brought
                     to the Site. For materials taken over or to be taken over by the Engineer-
                     in-Charge, cost of such materials shall, however, take into account
                     purchase price, cost of transportation and deterioration or damage which
                     may have been caused to materials while in the custody of the Contractor.


               ii)   For Contractor‟s materials not retained by the Engineer-in-Charge,
                     reasonable cost of transporting such materials and tools and plants from
                     site to Contractor‟s permanent stores or to his other Works, whichever is
                     less, shall by payable.
21.3     The Contractor shall furnish to the Engineer-in-Charge books of account, wage
         books, time sheets and other relevant documents as may be necessary to enable him
         to assess and certify the amount payable.
22.0     TERMINATION OF CONTRACT ON DEATH




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                                                                                              26

               If the Contractor is an individual or a proprietary concern, and the individual or
       the proprietor dies and his successors express their inability to complete the remaining
         work or if the Contractor is a partnership concern and one of the partners dies and
         the firm is wound up as per partnership deed then the Engineer-in-Charge shall close
         the Contract for the uncompleted part without the MTNL being in any way liable for
         payment of any compensation to the estate of the deceased Contractor and/or to the
         surviving partners of the Contractor‟s firm on account of the closure of the Contract.
         In the event of such closure, the Engineer-in-Charge shall not hold the estate of the
         deceased Contractor and/or the surviving partners of the Contractor‟s firm liable for
         damages for not completing the Contract notwithstanding other provisions of the
         Contract.
23.0     COMPENSATION NOT RELATABLE TO ACTUAL LOSS
         All sums payable to the MTNL by the way of compensation under any of the
         conditions shall be genuine pre-estimated loss which shall be considered as
         reasonable compensation without reference to the actual loss or damage sustained
         and whether or not any damage shall have been sustained.
24.0     EXCEPTED RISKS (FORCE MAJEURE)
24.1     The Work (whether fully constructed or not) and all materials, machines, tools and
         plant, scaffolding, temporary buildings and other things connected therewith shall be
         at the risk of the Contractor until the Work , has been delivered to the Engineer-in-
         Charge and a certificate from him to that effect obtained. In the event of the work or
         any materials properly brought to the Site for incorporation in the Work being
         damaged or destroyed in consequence of hostilities or war-like operations, the
         Contractor shall, when ordered in writing by the Engineer-in-Charge, remove any
         debris from the Site, collect and properly remove or/and stack in store all serviceable
         materials salvaged from the damaged work and shall be paid at the Contract rates in
         accordance with the provision of the Contract for the Work of cleaning the Site of
         debris, stacking removal of serviceable materials and for the reconstruction of all
         works ordered by the Engineer-in-Charge, such payment being in addition to
         compensation upto the value of the Work originally executed before being damaged
         or destroyed and not paid for, In case of works damaged or destroyed but not already
         measured and paid for the compensation up to           Rs. 5,000 shall be assessed by
         the Engineer-in-Charge and by the Superintending Engineer-in-Charge/Deputy
         General Manager (Civil/Electrical)-in-Charge for a higher amount. The Contractor
         shall be paid for the damage/destruction suffered and for the restoring the material at
         the rates based on the analysis of rates tendered for in accordance with the
         provisions of the Contract. The certificate of the Engineer-in-Charge regarding the
         quality and quantity of materials and the purpose for which they were collected shall
         be final and binding on all parties to the Contract.
24.2     Provided always that no compensation shall be payable for any loss in consequence
         of hostilities or war-like operations.
         a)    unless the Contractor had taken all such precautions against Air Raid 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 plant,
               machinery, scaffolding temporary buildings and other things not intended for
               the work.




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                                                                                               27

       24.3 In the event of the Contractor having carry out reconstruction as aforesaid, he
       shall be allowed such extension of time for its completion as considered reasonable by
         the Engineer-in-Charge.
24.4     In the event of any loss or damage to the Work or any part thereof from any of the
         Excepted Risks, the following provisions shall have effect.
         a)    The Contractor shall, as may be directed in writing by the Engineer-in-Charge,
               remove form the Site any debris and so much of the Work as shall have been
               damaged.
         b)    The Contractor shall, as may be directed in writing by the Engineer-in-Charge,
               proceed with the erection and completion of the work under and in accordance
               with the provisions and conditions of the Contract and payment for additional
               works, if any, shall be made as per terms of the Contract.
24.4.1 PROVIDED always that the Contractor shall not be entitled to payment under the
       above provisions in respect of such loss or damage as has been occasioned by any
       failure on his part to perform his obligations under the Contract or not taking
       precautions to prevent loss or damage.
25.0     SETTING OUT OF WORKS, LEVELS & ALIGNMENT
25.1     The Engineer-in-Charge shall furnish to the Contractor the sector boundary limits (i.e.
         the four corners of the work site) and a level bench mark. The Contractor shall set out
         the work, and shall be solely responsible for the accuracy of such setting out.

25.2     Before starting the Work the Contractor shall at his own cost, provide all necessary
reference and level posts, pegs, bamboos, flags, ranging rods, strings and other materials for
proper layout of the Work in accordance with the scheme acceptable to the Engineer-in-
Charge. The centre, longitudinal, face, and cross line shall be marked by means of small
masonry pillars. No work shall be started until all these points are checked and approved by
the Engineer-in-Charge, but such approval shall not relieve the Contractor of any of his
responsibilities. The Contractor shall also provide all labour, materials and other facilities, as
necessary, for the proper checking of layout and inspection of the points during construction.

25.3     The Contractor shall be entirely and exclusively responsible for the horizontal and
         vertical alignment, the level and correctness of every part of the Work & shall rectify
         effectively any errors or imperfections therein at his own cost.
26.0     SITE DRAINAGE, NUISANCE ETC.
26.1     All water which may accumulate on the Site during the progress of the Work, or in
         trenches and excavations, from other than the excepted Risks, shall be removed from
         the Site at his own cost to the satisfaction of the Engineer-in-Charge.
26.2     The Contractor shall not at any time do, cause or permit any nuisance on the Site or
         do anything which shall cause unnecessary disturbance or inconvenience to
         occupants of other properties near the Site and to the public generally. The
         Contractor shall at his own expense make necessary arrangements for undertaking
         Anti-Malaria measures and shall comply with the directions of the Engineer-in-
         Charge.




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                                                                                              28

       26.3   Protection of Trees
              Trees designated by the Engineer-in-Charge shall be protected from damage
         during the course of the Work and earth within 1 meter radius of each such tree shall
         not be excavated. Where necessary, such trees shall be protected by providing
         temporary fencing without any extra cost.
27.0     MATERIALS OBTAINED FROM EXCAVATION
27.1     Materials of any kind obtained from excavation on the Site shall remain the property
         of the MTNL and shall be disposed off as the Engineer-in-Charge may direct, except
         where otherwise specified.
27.2     Treasure, Trove, Fossils, etc.
         All fossils, coins, articles of value or antiquity and structures and other remains of
         things of geological or archaeological interest discovered on the Site shall be the
         absolute property of the MTNL and the Contractor shall take reasonable precautions
         to prevent his workmen or any other person from removing or damaging any such
         article or property and shall immediately upon discovery thereof acquaint the
         Engineer-in-Charge with such discovery and carry out removal and disposal of the
         same as directed by the Engineer-in-Charge which shall be at the expense of the
         MTNL.
28.0     NOTHING EXTRA PAYABLE FOR DEWATERING SYSTEM ETC.
         The detailed soil investigation report is available with the Engineer-in-Charge. It is
         obligatory on the part of the tenderer to go through the soil investigation report. It is
         deemed that the Contractor has studied the soil and sub-soil conditions of the Site.
         The Contractor shall study the measures to be taken to execute the Work under sub-
         soil water conditions and rates quoted shall have the provision of such extra costs, if
         any. Nothing extra, whatsoever, would be payable on this account. The system to be
         adopted for de-watering etc. if any, shall be got approved from the Engineer-in-
         Charge and such systems as required till the structural requirements of
         counterweights etc. are satisfied, shall be maintained by the Contractor at his own
         cost.

29.0    WATCH & WARD
        The Contractor shall provide and maintain caution boards, warning signs, all lights,
        guards, fencing and watch and ward when and where necessary or required by the
        Engineer-in-Charge for the protection of the Work or for the safety and convenience
        of those employed on the Work or the public at his own expense. No hindrance shall
        be caused to the traffic during the execution of the Work.
30.0     SUPERVISION OF WORKS
30.1     The Contractor shall be entirely responsible for executing the Work covered under the
         Contract in a workman like manner as per time schedule, specification and drawings
         etc.
30.2     The Contractor on award of the Work shall name and depute a minimum of one
         Graduate Engineer (CIVIL) for building works having at least five years experience in
         carrying out works of similar nature, to whom instruction for the Work shall be given.
         The Contractor shall also provide sufficient supervisory staff, in consultation with and
         to the satisfaction of the Engineer-in-Charge, to supervise different sub-groups and in



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                                                                                            29

       a such manner as will ensure best quality, expeditious working and efficient execution
       of the Work.
30.2.1 In case the Contractor fails to employ the Graduate Engineer having more than 5
       years experience as aforesaid, he shall be liable to Pay Rs.5000/-for each month of
       default. The decision of the Engineer-in-Charge as to the period for which the
       required technical staff was not employed by the Contractor and as to the
       reasonableness of the amount to be deducted on this account shall be final & binding
       on the Contractor.
30.2.2 The above sub-clauses shall apply to contracts above Rs. 10 Lakhs. In the case of
       contracts of value between Rs.2 Lakhs to Rs. 10 Lakhs one qualified diploma holder
       having at least three years experience shall be employed failing which the contractor
       shall be liable to pay Rs. 3000 per month of default.
30.3     Removal of workmen
         If any of the Contractor‟s foremen or employee, in the opinion of the Engineer-in-
         Charge be found guilty of any misconduct or be incompetent they will be substituted
         by qualified and competent persons. Should any of the Contractor‟s men negligent in
         the performance of their duties or that in the opinion of the Engineer-in-Charge, be
         undesirable for administrative or any other reasons, such person(s) so removed from
         the Work, shall not be employed again in connection with the Work without the written
         permission of the Engineer-in-Charge. Vacancy so created shall be immediately filled
         at the expense of the Contractor.
30.4     Work during Night or on Sundays and Holidays
         No work shall be carried out during night or on Sundays or on declared holidays
         without the permission in writing of the Engineer-in-Charge or his representative.
31.0     INSTRUCTIONS AND NOTICES
31.1     Subject to otherwise provided in the Contract, all notices to be given and all other
         actions to be taken on behalf of the MTNL may be given or taken by the Engineer-in-
         Charge.
31.2     All instruction, notices and communications, etc. under the Contract shall be given in
         writing and if sent by registered post to the last known place of abode or business of
         the Contractor shall be deemed to have been served on the date when in the ordinary
         course of post these would have been delivered to him.
31.3     The Contractor or his representative shall be in attendance at the site(s) during all
         working hours and shall superintend execution of the Work with such additional
         assistance in each trade as the Engineer-in-Charge may consider necessary. Orders
         given to the Contractor‟s representative shall be considered to have the same force
         as if they been given to the Contractor himself.
31.4     The Engineer-in-Charge shall communicate or confirm the instructions to the
         Contractor in respect of the execution of work in a Site Order Book for the Work
         maintained in the office of the Engineer-in-Charge and the Contractor or his
         authorized representative shall confirm receipt of such instructions by signing the
         relevant entries in this book. If required by the Contractor, a copy of such
         instruction(s) shall be supplied by the Engineer-in-Charge.
32.0     INSPECTION AND APPROVAL
32.1     The Engineer-in-Charge or his representative shall have powers at any time to
         inspect and examine any part of the work and the Contractor shall at his own cost,



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                                                                                              30

       give such facilities as may be required for such inspection and examination. The
       Contractor or his authorized representative shall at all times during the usual working
         hours and at all other times at which reasonable notice of the intention of the
         Engineer-in-Charge etc. to visit the Work shall have been given to the Contractor, be
         present to receive orders and instructions.
32.2     All works embracing more than one process shall be subject to examination and
         approval at each stage thereof and the Contractor shall give due notice to the
         Engineer-in-Charge or his authorized representative when each stage is ready. In
         default of such notice, the Engineer-in-Charge shall be entitled to appraise the quality
         and extent thereof.
32.3     No work shall be covered up or put out of view without the approval of the Engineer-
         in-Charge or his authorized representative and the Contractor shall afford full
         opportunity for examination and measurement of any work which is about to be
         covered up or out of view. The Contractor shall give due notice to the Engineer-in-
         Charge or his authorized representative whenever any such work or foundation work
         is ready for examination and the Engineer-in-Charge or his representative shall
         without unreasonable delay attend for the purpose of examining and measuring such
         works. In the event of the failure of the Contractor to given such notice, the
         Contractor shall, if required by the Engineer-in-Charge, uncover such work at his own
         expense for verification and shall reinstate and make good such part to the
         satisfaction of the Engineer-in-Charge at his own cost.
33.0     DELEGATION OF POWERS BY ENGINEER-IN-CHARGE
33.1     The Engineer-in-Charge may from time, in writing, nominate his representatives who
         shall inspect and supervise the Work, examine and test materials to be used and its
         workmanship. The Contractor or his representative shall receive instructions from the
         representatives of the Engineer-in-Charge as they are being given by the Engineer-
         in-Charge.
33.2     The representative(s) of Engineer-in-Charge shall not be authorized to order any
         extra item, substituted item or deviations from the Contract.
33.3     Failure of the Representatives of the Engineer-in-Charge to disapprove any work or
         materials shall not prejudice the power of the Engineer-in-Charge thereafter to
         disapprove such work or materials and to order the pulling down, removal or breaking
         up thereof.
33.4     If the Contractor shall be dissatisfied with any decision of the Representatives of the
         Engineer-in-Charge he shall be entitled to refer the matter to the Engineer-in-Charge
         who shall there upon confirm, reverse or vary such decision without any liability of the
         MTNL.
34.0     COMPLETION CERTIFICATE
34.1     As soon as the Work is completed, the Contractor shall give notice of such
         completion to the Engineer-in-Charge and within TEN DAYS of receipt of such notice
         the Engineer-in-Charge shall inspect the work and if in the opinion of Engineer-in-
         Charge there are no structural defects or other major defects and the building is
         habitable and can be usefully/functionally occupied, albeit some minor defects
         needing rectification, shall furnish the Contractor with a certificate of completion
         indicating (a) date of completion (b) defects to be rectified by the Contractor if any




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                                                                                               31

       and/or (c) items for which payment shall be made at reduced rates. The defects shall be
       rectified by the Contractor within a period of one month.
34.2     No certificate of completion shall be issued nor shall the Work be considered to be
         complete till the Contractor shall have removed from the Site all scaffolding,
         temporary work, surplus materials, rubbish and all huts and sanitary arrangements
         required for his workmen on the Site in connection with the execution of the Work, as
         shall have been erected by the Contractor or his workmen and cleaned all dirt from
         the parts of building in upon or about which the Work has been executed or of which
         he may have had possession for the purpose of the execution thereof and cleaned
         floors, gutters and drains, eased doors and sashes, oiled locks and fastenings
         labeled keys clearly and handed them over to the Engineer-in-Charge and made the
         whole premises fit for immediate occupation or use to the satisfaction of the
         Engineer-in-Charge. If the Contractor fails to comply with any of the requirements of
         these conditions as aforesaid on or before the date fixed for completion of the Work,
         the Engineer-in-Charge may at the expense of the Contractor, fulfill such
         requirements and dispose off the scaffoldings, surplus materials and rubbish, etc. as
         he thinks fit and the Contractor shall have no claim in respect of any such scaffolding
         or surplus materials etc. except for any sum actually realized by the sale thereof less
         the cost of fulfilling the requirements and any other amount that may be due from the
         Contractor. If the expense of fulfilling such requirements is more than the amount
         realized from such disposal as aforesaid, the Contractor shall forthwith on demand
         pay such expense failing which same shall be realized from any other sum due to the
         Contractor.
35.0     CONTRACTOR’S LIABILITY
35.1     Without prejudice to other provisions of the Contract the Contractor shall be
         responsible for taking precautions from commencement to actual completion of the
         Work, to prevent loss or damage that may happen to the Work or any part thereof
         from any cause whatsoever save and except the Excepted Risks and shall at his own
         cost repair and make good the same so that the completed Work shall be in good
         order and condition.
36.0     DEFECT LIABILITY PERIOD
36.1     If the Contractor or his workmen or employees shall break, deface, injure or destroy
         any part of the building in which they may be working or any building, road, fence,
         road kerns, enclosures, water-pipe cables, drains, electric or telephone posts or
         wires, grass, grassland or cultivated ground contiguous to the premises on which the
         Work or any part of it is being executed, or if any damage shall happen to the Work
         while in progress from any cause whatsoever or if any defect, shrinkage or other
         faults appear in the Work within SIX MONTHS after the issue of the completion
         certificate arising out of defective or improper materials or workmanship, the
         Contractor shall, on receipt of a notice in writing from Engineer-in-Charge, make
         good at his own cost, or in default the Engineer-in-Charge cause the same to be
         made good by other agencies and deduct the expenses from any sum that may be
         due or become due to the Contractor or from his Security Deposit.
36.2     If any defect as detailed at 36.1 shall occur, the Engineer-in-Charge shall inform- the
         Contractor thereof stating in writing the nature of the defect. If the Contractor replaces
         or renews any portion of the Work the provisions of the clause shall apply to portion




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                                                                                               32

       of the Work so replaced or renewed as if that portion had been taken over on the date
       of replacement or renewal.
36.3     The Contractor shall, if required by the Engineer-in-Charge in writing, search under
         the directions of the Engineer-in-Charge for the cause of any defect, imperfection or
         fault appearing during the progress of the Work or in the defect liability period. Unless
         such defect, imperfection or fault shall be one for which the Contractor is liable under
         the Contract, the cost of the works carried out by the Contractor in searching as
         aforesaid shall be borne by the MTNL. If such defect, imperfection or fault shall be
         one for which the Contractor is liable as aforesaid, the cost of the work carried out in
         searching as aforesaid shall be borne by the Contractor and he shall, in such case,
         repair, rectify and make good such defect, imperfection or fault at his own expense.
36.4     Certificate at expiry of Defect Liability Period
         Upon the completion of the Defect Liability Period and subject to the Engineer-in-
         Charge being satisfied that Work have been duly maintained by the Contractor as
         herein provided and that the Contractor has in all respect duly made up all
         subsidence and performed all his obligation under the Contract, the Engineer-in-
         Charge shall (without prejudice to the right of the MTNL to retain the provisions of
         relevant clause hereof) otherwise give a certificate, to the effect. The Contractor shall
         not be considered to have fulfilled the whole of his obligations under the Contract until
         this certificate shall have been given by the Engineer-in-Charge not withstanding any
         previous entry upon the Work and working possession, working or using of the same
         or any part thereof by the MTNL. The portion of the Security Deposit retained in
         accordance with clause 12 shall be released there after.
37.0     INSURANCE
         Without limiting the Contractor‟s obligations and responsibilities stated elsewhere in
         the Contract, the Contractor shall at his own cost arrange, secure and maintain
         Insurance in the joint names of the MTNL & the Contractor with any of the subsidiary
         of the General Insurance Corporation of India in such a manner that the MTNL and
         the Contractor are covered for all time during the period of Contract i.e. the time
         period allowed for completion of work, extended period and the defect liability period.
         The Insurances shall be effected in accordance with terms approved by the MTNL
         and the Contractor shall submit the Insurance policies to the Engineer-in-Charge
         within one week of signing of the Agreement along with the receipt of premium. The
         Contractor shall timely pay and submit the receipts of payment of premiums for
         extensions of policies, if any. The Insurances shall cover the following :-
         a)    Contractor’s All Risks Insurance
               The Contractor shall insure the Work for a sum equivalent to the Contract value
               or such additional sums as specified and the interests of the MTNL against ALL
               RISKS, claims, proceedings, loss or damages, costs, charges and expenses
               from whatsoever cause arising out of or in consequence of the execution and
               maintenance of the Work for which the Contractor is responsible under the
               Contract.
         b)    Workman Compensation & Employers Liability Insurance
               This Insurance shall be effected for all the Contractor‟s employees engaged in
               the performance of the Contract. The MTNL shall not be liable in respect of
               any damages or compensation payable at law in respect of or in consequence



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                                                                                         33

    of any accident or injury to any workman or any other person in the employment of the
    Contractor and the Contractor shall indemnify and keep indemnified the MTNL, against
            all claims, demands, proceedings, costs, charges and expenses, whatsoever in
            respect or in relation thereof.
      c)    Third Party Insurance
            The Contractor shall be responsible for making good to the satisfaction of the
            Engineer-in-Charge any loss or any damage to all structures and properties
            belonging to the MTNL or being executed or procured or being procured by the
            MTNL or of the other agencies within the premises of all work of the MTNL, if
            such loss or damage is due to fault and/or the negligence or willful acts or
            omissions of the Contractor, his employees, agents, representatives.
            The Contractor shall take sufficient care in moving his plants, equipments and
            materials from one place to another so that they do not cause any damage to
            any person or to the property of the MTNL or any third party including overhead
            and underground cables and in the event of any damage resulting to the
            property of the MTNL or to a third party during the movement of the aforesaid
            plant, equipment or materials, the cost of such damages including eventual
            loss of production, operation or services in any plant or establishment as
            estimated by the MTNL or ascertained or demanded by the third party, shall be
            borne by the Contractor.
            Before commencing the execution of the Work, the Contractor, shall insure and
            indemnify and keep the MTNL harmless of all claims, against the Contractor‟s
            liability for any material or physical damage, loss or injury which may occur to
            any property, including that of the MTNL or to any person including any
            employee of MTNL or arising out of the execution of the Work or in the carrying
            out of the Contract, otherwise than due to the matters referred to in the
            provision to (a) above. Such insurance shall be effected for an amount
            sufficient to cover such risks. The terms shall include a provision whereby, in
            the event of any claim in respect of which the Contractor, would be entitled to
            receive indemnify under the policy being brought or made against the MTNL,
            the insurer willfully indemnity MTNL, against such claims and any costs,
            charges and expenses in respect thereof.
      d)    The Contractor shall also at all times indemnify the MTNL against all claims,
            damages or compensation under the provisions of Payment of Wages Act,
            1936, Minimum Wages Act, 1948, Employer‟s Liability Act, 1938, the
            Workman‟s Compensation Act, 1947, Industrial Disputes Act, 1947, and
            Maternity Benefit Act, 1961, or any modifications thereof or any other Law
            relating thereof and rules made there under from time to time.
      e)    Contractor shall also at his own cost carry and maintain and all other
            insurance(s) which he may be required to take out under any law or regulation
            from time to time. He shall also carry and maintain any other insurance which
            may be required by the Engineer-in-Charge.
37.2 The Contractor shall prove to the Engineer-n-Charge from time to time that he has
      taken out all the insurance policies referred to above and has paid the necessary
      premiums for keeping the policies alive till expiry of the Defects Liability Period.
37.3 The aforesaid Insurance policies shall provide that shall not be cancelled till the
      Engineer-in-Charge has agreed for cancellation.




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                                                                                              34

       37.4   Remedy on the Contractor’s failure to insure
              If the Contractor shall fail to effect and keep in force the insurance referred to
         above or any other insurance which he/they may be required to effect under the
         terms of the Contract then and in any such case Engineer-in-Charge may, without
         being bound to, effect and keep in force any such insurance and pay such premium
         or premiums, as may be necessary for that purpose and from time to time deduct the
         amount so paid by the Engineer-in-Charge from any moneys due or which may
         become due to the Contractor or recover the same as a debt due from the
         Contractor.
38.0     GUARANTEE
         For works like water proofing, acid and alkali resistant materials, or any other
         specialized works etc., the Contractors shall invariably engage specialist in the field
         and firms of repute as sub-contractors. The Contractor shall obtain the necessary
         Guarantee for their workmanship and satisfactory functioning of the works and shall
         furnish such Guarantee to the Engineer-in-     Charge. Even after this, the Contractor
         shall remain responsible for quality & quantity of all the works executed by him
         through the sub-contractors.
39.0     SUB-CONTRACTING
39.1     No part of the Contract nor any share or interest therein shall in any manner or
         degree be transferred, assigned or subjected by the Contractor directly or indirectly to
         any person, firm or corporation whosoever provided the Contractor submits the list of
         sub-contractors as mentioned at sub-clause 3.10 for each individual sub-contract and
         the Engineer-in-Charge has given consent for engaging such agency for the Work.
         The Contractor engaging and entering into any sub-contract prior to the consent of
         the Engineer-in-Charge, shall be doing so at his risk & cost.
39.2     Termination of sub-contracts
         If any sub-contractor engaged upon the works at the Site executes any work which in
         the opinion of the Engineer-in-Charge is not in accordance with the Contract, the
         Engineer-in-Charge shall give written notice to the Contractor requesting him to
         terminate such sub-contract. The Contractor upon the receipt of such notice shall
         terminate the sub-contract and dismiss the sub-contractor. The Engineer-in-Charge
         shall have the right to remove such sub-contractor from the site if the Contractor fails
         to remove the sub-contractor immediately.
39.3     The employment of piece rate workers shall not be deemed as sub-contracting.
40.0     RIGHTS OF VARIOUS INTERESTS
40.1     The MTNL reserves the right to distribute the Work amongst more than one
         Contractor. The Contractor shall co-operate and afford other Contractors all
         reasonable opportunity for access to the Work for the carriage and storage of
         materials and execution of their works.
40.2     The Contractor shall, in accordance with the requirements of the Engineer-in-Charge
         afford all reasonable facilities to other contractors engaged contemporaneously on
         separate contracts in connection with the works and for departmental labour and/or
         labour of any other properly authorized authority or statutory body which may be
         employed at the Site for execution of any work not included in the Contract.



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                                                                                              35

       41.0   ADHERENCE TO GOVERNMENT REGULATIONS
               The Contractor shall conform in all respect with the provisions of any National or
         State Statutes, Ordinances or Laws or any regulations or bye-laws or orders of any
         local or other duly constituted authority which may be applicable to the Work and with
         such rules, orders and regulations of such authorities and companies whose property
         rights are affected or may be affected in any way by the Work and shall keep MTNL
         indemnified against all penalties and liability of every kind for breach of any such
         Statute, Ordinance or Law, regulation order or bye-law.
42.0     CHANGES IN CONSTITUTION
         Where the Contractor is a partnership firm, prior approval in writing of the Engineer-
         in-Charge shall be obtained before any change is made in the constitution of the firm.
         Where the Contractor is an individual or a Hindu Undivided family business concern
         such approval as aforesaid shall likewise be obtained before the Contractor enters
         into any agreement with other parties, where under which the reconstituted firm would
         have the right to carry out the work hereby undertaken by the Contractor. If prior
         approval as aforesaid is not obtained, the Contract shall be deemed to have been
         assigned in contravention of clause 39 hereof and the same action may be taken and
         the same consequences shall ensue as provided for in the said clause.
43.0     APPRENTICE ACT
         The Contractor shall comply with the provisions of the Apprentice Act, 1961 and the
         rules and orders issued there under from time to time. If the Contractor fails to do so,
         his failure will be a breach of the Contract and MTNL may, in its discretion, 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 Act.
44.0     MATERIALS
44.1     The Contractor shall at his own expenses, provide all materials required for the Work
         and shall be in conformity with the specifications laid down in the Contract and as per
         samples approved by the Engineer-in-Charge.
44.2     The Contractor shall, at his own expense, supply to the Engineer-in-Charge samples
         of materials and fittings proposed to be used in the Work sufficiently in advance for
         the approval of the Engineer-in-Charge. The Engineer-in-Charge shall be entitled to
         have the tests carried out as per Contract at his own cost. If the test of the samples
         fail, the Contractor shall arrange to supply fresh samples for testing to the Engineer-
         in-Charge and the testing charges shall be borne by the Contractor. Only materials,
         the samples of which pass the test, will be allowed to be used for the Work and
         testing charges of such samples paid by the Engineer-in-Charge. All other
         expenditure required to be incurred for taking the samples, conveyance, packing etc,
         shall be borne by the Contractor.
44.3     The Engineer-in-Charge shall have full powers to direct removal of all or any of the
         materials brought to the Site and which do not conform in character to the approved
         samples or specifications, within 24 hours of such written orders and in case of
         default on the part of the Contractor, the Engineer-in-Charge shall be at liberty to
         have them removed at the cost of Contractor who shall have no claims, whatsoever,
         on this account.




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                                                                                             36

       44.4 Materials required for the Work shall be stored by the Contractor only at places
       approved by the Engineer-in-Charge. Storage and safe custody of materials shall be
         responsibility of the Contractor.
44.5     The Engineer-in-Charge or his representative shall be entitled at any time to inspect
         and examine any materials intended to be used in or on the Work either on the Site
         or at factory or workshop or other places where these are lying and the Contractor
         shall give such facilities as may be required for such inspection and examination.
44.6     All materials brought to the Site shall become and remain the property of the MTNL
         and shall not be removed off the Site without the prior written approval of the
         Engineer-in-Charge but wherever the Work is finally completed and advance if any in
         respect of any such materials is fully recovered, the Contractor, at his own expenses,
         forthwith, remove from the Site all surplus materials.
45.0     LABOUR
45.1     The Contractor shall obtain a valid license under the Contract LABOUR (R&A) Act
         1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971 before
         the commencement of the Work and continue to have a valid license until the
         completion of the Work. Any failure to fulfill this requirement shall attract the penal
         provisions of the Contract arising out of the resultant non-execution of the Work. All
         regulations refer to or appended to this clause shall be deemed to be a part of
         Contract and any breach thereof shall deemed to be a breach of Contract.
45.2     The Contractor shall not employ in connection with Work any persons who is below
         eighteen years of age. Contractor shall employ labour in sufficient numbers to
         maintain the required rate of progress and quality to the satisfaction of the Engineer-
         in-Charge.
45.3     The Contractor shall comply with or cause to be complied with the Contractors
         Labour Regulations in regard to all matters provided therein and shall pay to labour
         employed by him either directly or through sub-contractors, wages not less than fair
         wages as defined in the Contractor‟s Labour Regulations as appended which shall
         also include the provisions of the Contract Labour (Regulations and Abolition) Act
         1970 and Contract Labour (Regulations & Abolition) Central Rules 1971 wherever
         applicable.
45.4     The Contractor shall be liable to pay his contribution and the employees contribution
         to the State Insurance Scheme in respect of all labour employed by him for the
         execution of the Contract, in accordance with the provision of the Employees State
         Insurance Act, 1948 as amended from time to time. In case the Contractor fails to
         submit full details of his account of labour employed and the contribution payable, the
         Engineer-in-Charge shall recover from the running bills of Contractor an amount of
         contribution as assessed by him. The amount so recovered shall be adjusted against
         the actual contribution payable for Employees State Insurance.
45.5     The Engineer-in-Charge shall on a report having been made by an Inspecting Officer
         as defined in the Contractor‟s Labour Regulations have the power to deduct from the
         moneys due to the Contractor any sum required or estimated to be required for
         making good the loss suffered by a worker or workers by reason of non-fulfillment of
         the conditions of the Contract for the benefit of workers, non-payment of wages or of
         deductions made from his or their wages which are not justified by the terms of the
         Contract or non-observance of the said Contractor‟s Labour Regulations.



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                                                                                              37

       45.6 The Contractor shall also comply with the provisions of the Payment of Wages
       Act, 1936. Minimum Wages Act,1948. Employer‟s Liability Act, 1938. Workmen‟s
         Compensation Act, 1923, Industrial Disputes Act, 1947. Maternity Benefit Act, 1961
         and Mines Act, 1952. Contract Labour (Regulation & Abolition) Act, 1970, or any
         modifications thereof or any other law relating thereto and rules made there under
         from time to time.
45.7     The Contractor shall furnish to the Engineer-in-Charge fortnightly returns indicating
         the number and description by trades of the work people employed on the work. The
         Contractor shall also submit on the 4th and 19th of every month to the Engineer-in-
         Charge true statement showing in respect of the second half of the preceding month
         and the first half of the current month (i) the number of labourers employed by him on
         the work (ii) their working hours (iii) the wage paid to them (iv) the accidents that
         occurred and the extent of damage or injury caused by them and
         (v) the number of female workers who have been allowed maternity benefits as
         provided in the Maternity Benefit Act, 1961 or Rules made there under and the
         amount paid to them. Failure in submission of the return or materially incorrect
         statement shall render the Contractor liable to pay a sum of Rs. 200/- per default. The
         decision of the Engineer-in-Charge in making deduction on this account shall be final
         & binding on the Contractor.
45.8     In the event of the Contractor committing a default or breach of any of the provisions
         of the Contractor‟s Labour Regulations as amended from time to time or furnishing
         any information or submitting or filling any form/Register /Slip under the provisions of
         these Regulations which is materially incorrect, then on the report of the Inspecting
         Officers as defined in the Contractor‟s Labour Regulations, the Contractor shall
         without prejudice to any other liability, pay to MTNL a sum not exceeding Rs. 200.00
         as liquidated damages for every default, breach or furnishing, making, submitting,
         filling materially incorrect statement as may be fixed by the Engineer-in-Charge and in
         the event of the Contractor‟s default continuing in this respect, the liquidated
         damages may be enhanced to Rs. 200.00 per day for each default and the total
         subject to a maximum limit of 5 % of the Contract value. The Engineer-in-Charge
         shall deduct such amount from bills or any other sum due to the Contractor. The
         decision of the Engineer-in-Charge in this respect shall be final and binding.
45.9     The Contractor shall indemnify the MTNL against any payments to be made under
         and for observance of the Acts / Laws stated in this clause and Contractor‟s Labour
         Regulations without prejudice to his right to claim indemnity from his sub-contractors.
45.10 The Contractor shall ensure that no amount by way of commission or otherwise is
      deducted or recovered by Jamadar from the wages of workman / labour.
46.0     MODEL RULES FOR LABOUR WELFARE & SAFETY CODE
46.1     The Contractor shall at his own expense comply with or cause to be complied with
         provisions of the Model Rules for Labour Welfare as appended to these Conditions
         or/and rules framed by the Government from time to time for the protection of health
         and for making sanitary arrangements for labour employed directly or indirectly on the
         work and with the provisions of the Model Safety Code as appended to these
         conditions and arrange for the safety provisions and as required by the Engineer-in-
         Charge, in respect of all labour directly or indirectly employed for performance of the
         Work and shall provide all facilities connection therewith. In case the Contractor fails
         to make arrangements and provide necessary facilities as aforesaid, the Engineer-in-
         Charge shall be entitled to do so and recover the cost thereof from the Contractor.



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                                                                                                38


       46.2 Failure to comply with Model Rules for Labour Welfare, provisions of the Model
         Safety Code etc. relating to report on accidents and to grant of maternity benefits to
         female workers shall make the Contractor liable to pay to the MTNL as liquidated
         damages an amount not exceeding Rs. 200.00 per default or materially incorrect
         statement. In addition, the Engineer-in-Charge shall be at liberty to make
         arrangements & provide facilities as aforesaid & recover the costs incurred in that
         behalf from any amount payable to the Contractor.
47.0     FAILURE TO COMPLY WITH LABOUR REGULATIONS / ACTS / RULES
47.1     In every case in which by virtue of the provisions of subsection (i) of Section 12, of
         the Workmen‟s Compensation Act, 1923, the MTNL is obliged to pay compensation
         to a workman employed by the Contractor in execution of the works, the Engineer-in-
         Charge shall recover from the Contractor the amount of the compensation so paid,
         and, without prejudice to the rights of the Engineer-in-Charge under sub-section (ii) of
         Section 12, of the said Act, the Engineer-in-Charge shall be at liberty to recover such
         amount or any part thereof by deducting it from the Security Deposit or from any sum
         due from the MTNL to the Contractor whether under this Contract or otherwise. The
         Engineer-in-Charge shall not be bound to contest any claim made against it under
         sub-section (i) Section 12, of the said Act, except on the written request of the
         Contractor and upon his giving to the Engineer-in-Charge full security for all costs for
         which the MTNL might become liable in consequence of contesting such claim.
47.2     In every case in which by virtue of the provisions of the Contract Labour (Regulation
         and Abolition) Act 1970 and to the Contract Labour (Regulation and Abolition) Central
         Rules, 1971, the MTNL is obliged to pay any amounts of wages to a workman
         employed by the Contractor in execution of the Work, or to incur any expenditure in
         providing welfare and health amenities required to be provided under the above said
         Act and the appended rules or Contractor‟s Labour Regulations, or under the Rules
         framed by the MTNL and/or Central/State Government from the time to time for the
         protection of health and sanitary arrangements for workers employed by the
         Contractor, the Engineer-in-Charge will recover from the Contractor the amount of
         wages so paid or the amount of expenditure so incurred; and without prejudice to the
         rights of the MTNL under sub-section (2) of Section 20 and sub-section (4) of Section
         21, of the said Act, except on the written request of the Contractor and upon his
         giving to the Engineer-in-Charge full security for all costs for which the MTNL, might
         become liable in contesting such claim(s).
47.3     Should it appear to Engineer-in-Charge that the Contractor is nor properly observing
         and complying with the provisions of the appended Contractor‟s Labour Regulations
         and Model Rules and the provisions of the Contract Labour (Regulation and
         Abolition) Act 1970, and the Contract Labour (R & A) Central Rules 1971, for the
         protection of health and sanitary arrangements for work-people employed by the
         Contractor (hereinafter referred as “the said Rules”) the Engineer-in-Charge shall
         have power to give notice in writing to the Contractor requiring that the said Rules be
         complied with and the amenities prescribed therein be provided to the work-people
         within a reasonable time to be specified in the notice. If the Contractor shall fail within
         the period specified in the notice to comply with and/or observe the said Rules and to
         provide the amenities to the work-people as aforesaid, the Engineer-in-Charge shall
         have the power to provide the amenities herein before mentioned at the cost of the
         Contractor. The Contractor shall erect. make and maintain at his own expense and to



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                                                                                             39

       approved standards all necessary huts and sanitary arrangements required for his work
       people on the Site in connection with the execution of the work, and if the same shall
         not have been erected or constructed according to approved standards, the
         Engineer-in-Charge shall have power to give notice in writing to the Contractor
         requiring that the said huts and sanitary arrangements be remodeled and/or
         reconstructed according to approved standards and if the Contractor fails to remodel
         or reconstruct such huts and sanitary arrangement according to approved standards
         within the period specified in the notice, the Engineer-in-Charge shall have the power
         to remodel or reconstruct such huts and sanitary arrangements according to
         approved standards at the cost of the Contractor.
48.0     RATES TO COVER
48.1     Rates to cover Constructional Plant, Materials, Labour etc.
         Without in any way limiting the provisions of other clauses the rates quoted by the
         Contractor shall be deemed to include and cover the cost of all constructional plant,
         temporary works, pumps, materials, labour insurance, fuel, stores and appliances to
         be supplied by the Contractor and all other matters in connection with each item of
         the schedule of quantities for the execution of the Work or any portion thereof
         finished complete in every respect and maintained as shown or described in the
         Contract documents or as may be ordered in writing during the continuation of the
         Contract.
48.2     Rates to cover Royalties, Rents and Claims
48.2.1 The rates quoted by the Contractor shall be deemed to include and cover the cost of
       all royalties and fees for the articles, processes, protected by the letters patent or
       otherwise incorporated in or used in connection with the work, also all royalties, rents
       and other payments in connection with obtaining material, of whatsoever kind, for the
       work and shall include an indemnity of the MTNL which the Contractor shall hereby
       gives against all actions, proceedings, claims, damages, cost and expenses arising
       from the incorporation in or use on the work of any such articles, processes or charge
       if levied on material, equipment or machinery to be brought to the Site for use on the
       Work, shall be borne by the Contractor.
48.2.2 Royalty at the prevalent rates shall have to be paid by the Contractor, direct to the
       Revenue authority or its authorized agent of the concerned State Government and
       nothing extra shall be payable on this account.
48.3     Rates to cover
         a)    The rates quoted shall include all incidental charges like cartage, storage, safe
               custody of materials cutting and wastage etc., whatsoever, and nothing extra
               shall be paid.
         b)    The rates quoted for each item of work shall be complete including cost of
               materials labour and other inputs what-so-ever.
         c)    The rates for different items of work shall be for all heights and depths of the
               building except where otherwise specified in the items of work.
         d)    The rates for centering and shuttering for suspended floors, roofs, landings,
               balconies and beams shall be for floor height upto and including 5.00 meters.
         48.3.2 Taxes for statues



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                                                                                             40

     a)             Pursuant to the Constitution (Forty Sixth Amendment) Act, 1982, if any
     further tax or levy is imposed by Statutes, after the date of receipt of tenders, and the
              contractors there upon necessarily and properly pay such taxes / levies, the
              Contractors shall be reimbursed the amount so paid provided such payment, If
              any, is not in the opinion of the Superintending Engineer-in-Charge / Deputy
              General Manager (Civil) (whose decision shall be final and binding) attributable
              to delay in executing the work within the control of the Contractor.
        b)    The Contractor shall, within a period of 30 days of imposition of any further tax
              or levy, pursuant to the Constitution (Forty Sixth Amendment) Act, 1982 give a
              written notice thereof to the Engineer-in-Charge that the same is given
              pursuant to this condition together with all necessary information relating there
              to.
       c)    SALES TAX :
             The Contractor shall include in his quoted rate all taxes. IT is specifically noted
             that the contractor shall pay sales tax on purchases made by him and works
             contract tax for fulfilling his obligations under this Contract and these shall be
             included in the quoted rates Works Contract Tax as applicable shall be
             recovered from every bills payable to the agency in pursuance of Government
             of Maharashtra order towards Works Contract Tax.
48.3.3 Taxes, duties, octroi etc.
       Subject to the provisions of sub clause 48.3.3, the Contractor shall bear full and
       exclusive liability for the payment of any and all taxes (except Works Contract Tax for
       which sub clause 48.3.2 (c) shall apply) octroi, now in force or hereafter imposed,
       increased or modified from time to time and all sales taxes, duties, in respect of
       Works and materials and all contribution and taxes for unemployment compensation,
       insurance and old age pensions or annuties now or hereafter imposed by any Central
       or State Government authorities which are imposed with respect to or covered by the
       wages, salaries or other compensations paid to the persons employed by the
       Contractor and the Contractor shall be responsible for the compliance with all
       obligations and restrictions imposed by the labour law or any other law affecting
       employer-employee relationship and the Contractor further agrees to comply and to
       secure the compliance of all sub-contractors with all applicable Central, State
       Municipal and local laws and regulations and requirements of Central, State or local
       Government agency or authority. The Contractor further agrees to defend, indemnify
       and hold the MTNL harmless from any liability or penalty which may be imposed by
       the Central, State of local authority by reason of any violation by Contractor or sub-
       contractor of such laws, regulations or requirement and also for all claims suits or
       proceeding that may be brought against the MTNL arising under growing out of or by
       reason of the Work provided for by this Contract. by third party, or by Central or State
       Government authority or any administrative sub-division thereof. The Contractor shall
       also obtain and pay for all permits or other privileges necessary to complete the work.
48.3.4 Demurrage dues
       The Contractor shall pay demurrage charges incurred by the Engineer-in-Charge
       because of the Contractor‟s failure to load or unload any goods or materials within the
       time allowed by the Railway and/or transport agency for such loading or unloading as
       charges incurred by the Engineer-in-Charge on materials not removed by the
       Contractor within the permissible time as also charges shall be deducted from any




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                                                                                              41

       sums which may be due or become due to the Contractor in terms of this Contract and
       or any other Contract.
48.4     No extra claims whatsoever shall be admissible beyond the quoted rates.
49.0     PATENT RIGHTS
         The Contractor shall fully indemnify the MTNL against any action, claim or proceeding
         relating to infringement or use of any patent or design of any alleged patent or design
         rights and shall pay any royalties or other charges which may be payable in respect
         of any article or material or part thereof included in the Contract. In the event of any
         claims made under or action brought against MTNL in respect of any such matters as
         aforesaid, the Contractor shall be immediately notified thereof and the Contractor
         shall be ay liberty, at his own expense, to settle any dispute or to conduct any
         litigation that may arise there from. The Contractor, however, shall not be liable to
         indemnity the MTNL if the infringement of the patent or design or any alleged patent
         or design right is the direct result of an order passed by the Engineer-in-Charge this
         behalf.
50.0     PAYMENTS
50.1     Record and method of measurements
         a)    The Engineer-in-Charge shall, except as otherwise stated, ascertain and
               determine by measurement the value of the work done in accordance with the
               Contract.
         b)    All items forming part of the Schedule of Quantities whether having a financial
               value or not, shall be entered in measurement Book, level book, etc. prescribed
               by the MTNL so that a permanent and complete record is maintained of all the
               work executed under the Contract.
         c)    Measurements may be taken jointly by the Engineer-in-Charge or his
               authorized representative and by the Contractor or his authorized
               representative. The measurements shall be recorded and signed with date by
               both parties.
         d)    Before taking measurements of any work, the Engineer-in-Charge or his
               authorized representative shall give reasonable notice to the Contractor. If the
               Contractor fails to attend or send authorized representative for measurements
               after such a notice or fails to accept or to record the objection within a week
               from the date of measurements, then in any such event measurements taken
               by the Engineer-in-Charge or by his authorized representative shall be taken to
               be correct measurements of the work and shall be binding on the contractor.
         e)    Except where any general or detailed description of the work in schedule of
               quantities expressly shows to the contrary, schedule of quantities shall be
               deemed to have been prepared and measurement shall be taken in
               accordance with the procedure set forth in the schedule of rates / Specifications
               applicable for the work. In case certain items approved for execution are not
               covered by the Scheduled of Rates / Specifications, measurements shall be
               taken in accordance with the relevant CPWD specifications or if the same is not
               covered therein then in accordance with the Standard Method of Measurement
               issued by the Bureau of Indian Standards.
         f)    For the purpose of recording measurements for preparing Running Accounts
               Bills, the abbreviated nomenclature indicated in the publication “Delhi Schedule



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                                                                                           42

    of Rates Abbreviated nomenclauture 1992” or in the Index to the Schedule of quantities
    for work shall be adopted. The abbreviated nomenclature shall be taken to cover all the
            materials and preparations as per complete nomenclature of the relevant items
            in the contract and other relevant specifications.
50.2 Payment on Account
       a)   Bills shall be submitted by the Contractor in prescribed form at monthly
            intervals for the Work executed. The Engineer-in-Charge shall then arrange to
            have the bill verified by taking or causing to be taken, where necessary, the
            requisite measurements of the Work. If the Contractor does not submit the bill,
            the Engineer-in-Charge may depute within seven days his representative to
            measure up the said Work in presence of the Contractor or his representative
            who shall accept the measurement and the Engineer-in-Charge may prepare a
            bill from such measurements.
       b)   Payment on account shall be made by the MTNL after the Engineer-in-Charge
            certifies the sum to which the Contractor is considered entitled by way of
            interim payment for the following
            i)     For the works executed, after deducting therefrom the amounts already
                   paid, as well as the advances and other amounts as may be deductible or
                   recoverable as per the terms of the Contract.
            ii) The Secured Advance
                  The Contractor on signing an indenture in the specified form shall be
                  entitled to be paid during the progress of the execution of work, a secured
                  advance                                equal                              to
                  (a) 90% of the estimated value of steel items & cement and (b) 75 % of the
                  estimated value of other non-perishable materials which have been
                  physically brought to the Site in connection therewith and are adequately
                  stored and/or protected against damage by weather or other causes but
                  which at the time of the advance had not been incorporated in the Work.
                  The Secured Advance shall be paid after observing all codal formalities of
                  CPWD Manual Vol II.
                  The material(s) brought should have been duly tested and should be
                  subjected to a safeguard of adequate insurance cover for all damages
                  including theft in favour of MTNL specifically assigning the policy to MTNL
                  as beneficiary unless not covered by insurance as at clause 37.0
      When these materials on account of which an advance has been made, are
      incorporated in the work, the amount of such advance shall be deducted from the
      next payment made under any of the clause of clauses of the Con tract. The
      Net secured advance at any stage shall be limited to 10 % of the Contract
      Value or Rs. 1 crore whichever is less.
50.3 Any interim certificate given relating to work done or materials delivered, may be
    modified or corrected by any subsequent interim certificate or by the final certificate.
    No certificate of the Engineer-in-Charge supporting an interim payment shall itself
    be conclusive evidence that any work or materials to which it relates is/are in
    accordance with the contract
50.4 All intermediate / interim payments shall be regarded as payment by way of
    advance against the final payment only and not as payment for the works actually
    done and completed, and shall not preclude the requiring of bad, unsound and
    imperfect or unskilled work to be removed and taken away and reconstructed or re-


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                                                                                          43

         erected or be considered as an admission of the due performance of the
         contract or any part thereof in any respect or the accruing of any claim nor shall
    it conclude, determine or affect in any way the powers of Engineer-in-Charge under
    these conditions or any of them as to the final settlement and adjustment of
    accounts or otherwise or in any other way vary or affect the contract.
50.5 Pending consideration of extension of date of completion interim payments shall
    continue to be made as herein provided.
50.6 Advance Payment
       Whenever there is likely delay in recording detailed measurements for making a
       running bill/payment, advance payment, without detailed measurements, for work
       done may be made in running account bill by the Engineer-in-Charge at his discretion
       on being satisfied that the work has been completed to the extent the advance
       payment is allowed. The advance payment allowed shall be adjusted in the
       subsequent running bill by taking detailed measurement thereof. The final payment
       shall be made only on the basis of detailed measurements.
50.7   Mobilization Advance
       Mobilization Advance may be given against an unconditional and irrevocable Bank
       Guarantee to be furnished by the Contractor in a manner acceptable to the Engineer-
       in-Charge at the following rates :
       a)    No Mobilization advance shall be paid for the works whose estimated cost put
             to tender is less than Rs.5 (five) crores.


50.8   Final Bill
       The final bill shall be submitted by the Contractor within one month of physical
       completion of the work. No further claims shall be made by the Contractor after
       submission of the final bill and these shall be deemed to have been waived and
       extinguished. Payment of those items of the bill in respect of which there is no
       dispute for quantities and at rates as approved by the Engineer-in-Charge shall be
       made within Six months from the date of receipt of the bill by the Engineer-in-charge.
       The Contractor shall submit list of disputed items within 90 (ninety) days from the
       payment of final bill and if he fails to do so, his claim shall be deemed to have been
       fully waived and absolutely extinguished.
50.9   Receipt of Payments
       The receipt of payments made on account of a work, when executed by a firm, must
       be signed by a person holding the power of attorney in this respect.
51.0   ESCALATIONS
       Clause No.51 fully deleted
51.1. If the prices of materials (not being materials supplied or services rendered at fixed
      prices by the MTNL in accordance with the provision in the Contract) and/or wages of
      labour required for execution of the Work increase, the contractor shall be
      compensated for such increase as per provision detailed below and the amount of
      the contract shall accordingly be varied subject to the condition that such
      compensation for escalation in prices shall be available only for the work done during
      the stipulated period the Contract including such period for which the contract is



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                                                                                           44

     validly extended under the provision of relevant clauses of the Contract and also subject
     to the condition that no such compensation shall be payable for a work for which the
       stipulated period of completion is 18(eighteen) months or less. Such compensation
       for escalation in the prices of materials and labour when due shall be worked out
       based on the following provisions:
51.1.1 The base date for working out such escalation shall be the date on which tenders
       were received.
51.1.2 The value of the Work on which escalation will be payable shall be reckoned as 85%
       of the cost of work as per the bills running or final excluding value of materials
       supplied or services rendered at fixed charges. In case of secured advance the full
       value of such materials as assessed by the Engineer-in-Charge (and not the reduced
       amount for which secured advance has been paid) shall be considered in the value of
       work done for operation of this clause, similarly when such materials are
       incorporated in the Work and the secured advance is deducted from the bill, the full
       assessed value of the materials originally considered for operation of this clause be
       deducted from the value of the work shown in the bill, running or final. Further the
       cost of work shall not include any work for which payment is made under clause 13 at
       prevailing market rates.
51.1.3 The compensation for escalation for materials and labour P.O.L shall be payable as
       per formula given below :

       (i)   VM         = [(W x X) - (Ws + Wc) x (M1 - Mo)
                                             Mo
             VM         = Variation in materials cost except value of reinforcement steel
                          and cement i. e. increase or decrease in the amount in rupees to
                          be paid or recovered.
             W          = Value of work done worked out as indicated in sub-para 51.1..2
                          above.
             X          = 0.75
                 Ws     =      Value of reinforcement steel
             Wc         = Value of cement.
             (M - Mo)
                 1      = All India whole sale index for all commodities for the period under
                          reckoning as published by the Economic Advised to Govt. of
                          India, Ministry of Industry and Commerce for the period under
                          consideration an that valid on the date of receipt of tenders,
                          respectively.
       ii)   VL         = W x Y x (L1 - Lo)
                                        Lo
             VL         = Variation in labour cost, i. e. increse or decrease in the amount in
                          rupees to be paid or recovered.
             W          = Value of work done worked out as indicted in sub-para 51..1.2
                          above
             Y          = 0.25




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                                                                                            45

               L1 - Lo      = Minimum daily wage in rupees of an unskilled make
     mazdoor as fixed under the law, statutory rule or order as applicable on the last day of
                         the quarter previous to the one for which the escalation is being
                         paid and that valid on the date of receipt of tenders, respectively.
51.1.4 The following principles shall be followed while working out the indices mentioned in
       sub clause 51.1.3 above :
       a)     The Index relevant for any month will be the arithmetical average of the indices
              relevant to the three calendar months proceeding the month in question
       b)     The base index will be the one relating to the month in which the tenders were
              received.
51.1.5 Escalation in Steel prices :
       The compensation for escalation for reinforcement steel shall be worked out as per
       the following formula :
       VS =     Ws x (S1 - So)
               --------------------
                           So
       VS =     Variation in reinforcement steel cost, i. e. increase or decrease in the amount
                in rupees to be paid or recovered.
       Ws =     The value of the reinforcement steel worked out based on the rate of
                reinforcement steel (star price) at Rs. ___________/- (Rupees
                ____________________________) is per metric ton and quantity of steel
                actually measured for payment.
       S1 & So =     The Indices of wholesale prices in India by Groups and Sub groups
                     (Averages) (Base 1981-82 = 100) or “Iron and Steel “ under “Basic
                     metals and alloys‟ published by the Economic Adviser, Ministry of
                     Industry, Government of India applicable for the month in which the steel
                     is brought on the site by the contractor and that valid on the date of
                     receipt of tenders respectively.
51.1.6 Escalation in Cement Prices
       The compensation for the escalation for Cement Shall           be worked out as per
       following
       formula :
       VC = Wc x (C1 - Co)
           --------------------
                       Co
       VC = Variation in cement cost.
       Wc = Value of cement based on the basic rate of Cement (star price)
            Rs.____________/-
           (Rs. __________________________________________) and quantity of
            cement on which escalation is payable.The quantity of cement shall be worked
            out on the basis of coefficients of cement consumption as per CPWD Deihi
            Schedule of Rates 1997 or actual over all bonafide consumption, whichever is
            less. The escalation for cement shall be payable only on the quantity of cement
            actually consumed in the work including R.M.C.



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                                                                                                 46

              C1 - Co =The wholesale price Index of cement published by the Economic Advisor,
       Ministry of Industries, Government of India applicable on the day cement is brought on the
                Site by the contractor and that valid on the date of receipt of tenders respectively.
                The quantity of cement shall be worked out on the basis of coefficients of cement
                consumptions as per CPWD Delhi Schedule of rates 1997 or actual consumptions,
                whichever is less. For items of works for which coefficient are not available in DSR
                97, the coefficient of cement consumption as certified by DGM (Civil) in-Charge of
                the work shall be final and binding.
51.1.7 The compensation or escalation shall be worked out at quarterly intervals and shall
       be with respect to the cost of work done during the previous three months The first
       such payment will be made at the end of three months after the month (excluding) in
       which the tender was accepted and thereafer at three months interval.
51.1.8 In the event the price of materials and/or wages of labour required for execution of
       the Work decrease(s), there shall be downward adjustment of the cost of Work so
       that such price of materials and/or wages of labour shall be deductible from the cost
       of work under this Contract and in this regard the formula herein stated under this
       clause shall mutatis mutandis apply.
       The Engineer-in-Charge shall otherwise be entitled to lay down the principles on
       which the provisions of the sub-clause shall be implemented from time to time and
       the decision of the Engineer-in-Charge in this regard shall be final and binding.
52.0     LIEN
52.1     Withholding and lien in respect of sums claimed
         i)   Whenever any claim arises out of or under this Contract against the Contractor,
              the Engineer-in-Charge shall be entitled to withhold and also have a lien to
              retain such sum of sums in whole or in part from the Performance Guarantee
              and/or Security Deposit furnished by the Contractor. In the event of the Security
              Deposit / Performance Guarantee being insufficient to cover the claimed
              amount, the Engineer-in-Charge shall be entitled to withhold and have a lien to
              retain to the extent of such claimed amount from any sum or sums, found
              payable to the Contractor under this Contract or any other Contract with the
              MTNL pending finalization on adjudication of any such claims.
              IT is an agreed term of the Contract that the sum of money or moneys so
              withheld or retained under the lien referred to above by the Engineer-in-Charge
              will be kept withheld or retained as such by the Engineer-in-Charge till the claim
              arising out of or under the Contract is determined by the Arbitrator, (If the
              Contract is governed by the arbitration clause) or by the Competent Court, as
              the case may be and that the Contractor will have no claim for interest or
              damages whatsoever on any account in respect of such withholding or
              retention under the lien referred to above and duly notified as such to the
              Contractor. For the purposes of this clause, where the Contractor is a
              Partnership firm or a limited Company, the MTNL shall be entitled to withhold or
              also have a lien to retain toward such claimed amount (s) 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.
52.2     Lien in respect of claims in other contracts
         Any sum of money due and payable to the Contractor including the Performance
         Guarantee / Security Deposit refundable / returnable to him under this Contract may
         be                                   withheld                                    or



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                                                                                                 47

       retained by way of lien by the MTNL in respect of payment of a sum of money arising
       out of or under any other contract made by the Contractor with the MTNL.
         It is an agreed term of the Contract that the sum of money so withheld or retained
         under this clause by the MTNL will be kept withheld or retained as such by the MTNL
         till his claim arising out of in the same contract is either mutually settled or determined
         by the Arbitrator (if the Contract is governed by arbitration clause) or by the
         competent Court, as the case may be, and that the Contractor shall have no claim for
         interest or damage whatsoever on this account or on any other ground in respect of
         any sum of money withheld or retained under clause and duly notified as such to the
         contractor.
53.0     ARBITRATION
53.1     For Contract other than with Public Sector Undertakings.
         Except as otherwise expressly provided in the contract all or any questions,
         differences claims and disputes relating to the meaning of specifications, designs,
         drawings and instructions herein before mentioned and as to the quality of
         workmanship or materials used on the work or as to any other question claim, right,
         breach, matter or thing whatsoever in any way arising out of or relating to this
         contract/tender documents, designs, drawings, specifications, estimates, instructions,
         order, conditions, meaning and operation or effect of the contract or breach thereof or
         otherwise concerning the works or the execution or failure to execute same whether
         arising during the progress of work or after the completion or abandonment thereof
         shall be referred to the sole arbitration of the person appointed by the Chief Engineer
         (BW) MTNL, Mumbai. It will be no objection to any such appointment that the
         arbitrator so appointed is a Government / MTNL servant, that he had to deal with the
         matters to which the contract relates and that in the course of his duties as
         Government / MTNL servant he has expressed views on all or any of the matters in
         dispute, or difference. The arbitrator to whom the matter is originally referred being
         transferred or vacating his office or being unable to act for any reason, at the time of
         such transfer or vacation of the office or inability to act the Chief Engineer (BW) as
         aforesaid at the time of such transfer, vacation or inability to act, shall appoint another
         person to act as an arbitrator in accordance with the terms of the contract. Such
         persons shall be entitled to proceed with the reference from the stage at which it was
         left by his predecessor. It is also a term of this contract that no person other than the
         person appointed by such Chief Engineer (BW), MTNL, Mumbai as aforesaid should
         act as an arbitrator. In all cases where the amount of the claim in the disputes is
         Rs.75,000/- (Rupees Seventy Five thousand only) and above, the arbitrator shall give
         reason for the award. Subject to as aforesaid the provisions of Indian Arbitration and
         Reconciliation Act, 1996 or any relevant statutory modification or re-enactment
         thereof and the rules made there under and for the time being in force shall apply to
         the arbitration proceedings under this clause. It is a term of the contract that the party
         invoking arbitration shall specify the dispute or disputes to be referred to the
         arbitration under this clause together with the amount or amounts claimed in respect
         of each such dispute. If the contractor does not make any demand for arbitration in
         respect of any claim(s) in writing to CE(BW) MTNL, Mumbai, within 90 days of
         receiving the intimation from the MTNL that the bill is ready for payment, the claim of
         the contractor(s) will be deemed to have been waived and absolutely barred and the
         MTNL shall be discharged and released of on liabilities under this contract in respect




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                                                                                               48

        of this claims. Arbitrator(s) may from time to time with the consent of both the parties
        enlarge the time for making and publication of the Arbitration Award.
53.2      For Contract with Public Sector Undertakings.
          In the event of any dispute or difference relating to the interpretation and application
          of the provisions of the Contract, such dispute or differences shall be referred by
          either party to the arbitration of one of the Arbitrators in the Dept. of Public
          Enterprises to be nominated by the Secretary to the Government of India in charge of
          the Bureau of Public Enterprises. The Arbitration Act, 1940 shall not be applicable to
          the arbitration under this clause. The award of Arbitrator shall be binding upon the
          parties to the dispute, provided, however, any party aggrieved by such award may
          make a further reference for setting aside or revision of the award to the Law
          Secretary, Dept. of Legal Affairs, Ministry of Law and Justice, Government of India.
          Upon such reference, the dispute shall be decided by the Law Secretary or the
          Special Secretary / Additional Secretary when so authorized by the Law Secretary,
          whose decision shall bind the parties finally and conclusively. The parties in the
          dispute will share equally the cost of arbitration as intimated by the Arbitrator.
53.3      TOOLS & PLANT, TEMPORARY WORKS AND MATERIALS
 i)       All constructional plant temporary works and materials provided by the Contractor
          shall, when brought to the site, be deemed to be exclusively intended for the
          execution of the job/works and the contractor shall not remove the same or any part
          thereof, except for the purpose of moving it from one part of the site to another,
          without the consent, in writing of the Engineer-in-Charge.
 ii)      Upon completion of the job/work the contractor shall remove from site all the said
          constructional tools and plant and temporary work remaining thereon and any unused
          materials provided by the contractor.
 iii)     The MTNL shall not at any time be liable for any loss or damage to any of the said
          constructional tools or plant, temporary works for materials.
 iv)      During the progress of the works the contractor shall keep the site reasonably clean
           and free from all unnecessary obstruction and shall store or dispose off any
           equipment/material and clear away and remove from site any wreckage, rubbish or
           temporary works no longer required at his own cost.




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                                                                                            49



                                   APPENDICES

                                             &

                                 ANNEXURES


            CONTRACTORS LABOUR REGULATIONS
                                  (Refer clause 45.0)

1.    These regulations may be called the Model Contractors Labour Regulations.
2.    Definitions : In these regulations, unless otherwise expressed or indicated, the
      following words and expressions shall have the meaning hereby assigned to them :
      a)    “Labour” means workers employed by a contractor, directly, indirectly through a
            sub contractor, or by an agent on his behalf to do any skilled, semiskilled or
            unskilled manual, supervisory, technical or clerical work.
      b)    “Fair Wage” means wages, which shall include wages for weekly day of rest
            and other allowances, whether for time or piece work, after taking into
            consideration prevailing market rates for similar employments in the neighbor
            hood but shall not be less than the minimum rates of wages fixed under the
            payment of Minimum Wages Act.
      c)    “Wages” shall have the same meaning as defined in the Payment of Wages
            Act.
      d)    “Contractor” for the purpose of these regulations shall include an agent or sub-
            contractor employing labour on the work taken on the Contract.
      e)    “Inspecting Officer” means any Labour Enforcement Officer, or Assistant
            Labour Commissioner of the Chief Labour Commissioner‟s Organization.
      f)    “Form” means a form appended to these Regulations.
3.    Notice of commencement : The Contractor, shall within SEVEN days of
      commencement
      of the work, furnish in writing to Inspecting Officer of the area concerned the following
      information :
      a)    Name and Situation of the work.
      c)    Particulars of the Department for which the work is undertaken.
      d)    Name and address of sub-contractor(s) as and when they are appointed.
      e)    Commencement and probable duration of the work.
      f)    Number of workers employed and likely to be employed.
      g)    Fair wages for different categories of workers.




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                                                                                                   50

      i)              Number of hours of work to constitute a normal working day.
      b)              Contractor‟s name and address.
                 The number of hours which shall constitute a normal working day for an adult
                 shall be NINE hours. The working day of an adult worker shall be so arranged
                 that it is inclusive of intervals, if any, for rest it shall not spread over more than
                 twelve hours on any day. When an adult worker is made to work for more than
                 NINE hours on any day or for more than FORTY EIGHT hours in any week, he
                 shall, in respect of overtime work, be paid wages at double the ordinary rate of
                 wages.
           ii)       Weekly day of rest: Every worker shall be given a weekly day of rest which
                 shall     normally be a Sunday unless otherwise fixed and notified at least
                 TEN days in advance. A worker shall not be required or allowed to work on the
                 weekly rest day unless he has or will have a substituted rest day, on one of the
                 five days immediately before or after the rest day, provided that no substitution
                 shall be made which will result in the worker working for more than ten days
                 consecutively without a rest day for a whole day.
4.         Where in accordance with the foregoing provisions a worker works on the rest day
           and has been given a substituted rest day he shall be paid wages for the work done
           on the weekly rest day at the overtime rate of wages.
           NOTE : The expression ordinary rate of wages means the fair wage the worker is
           entitled to
5.         Display of notice regarding Wages. Weekly day of Rest etc. : The Contractor
           shall before the commencement of his work on the Contract, display and correctly
           maintain and continue to display and correctly maintain in a clean and legible
           condition in conspicuous places on the works, notice in English and in the local Indian
           Languages, spoken by majority of workers, giving the rate of fair wages, the hours of
           work for which such wages are payable, the weekly rest days, workers are entitled to
           and name and address of the Inspecting Officer. The Contractor shall send a copy
           each of such notices to the Inspecting Officers.
6.1        Fixation of Wage Periods : The Contractor shall fix wage periods in respect of which
           wages shall be payable. No wage period shall normally exceed one month.
6.2        Payment of Wages :
           i)    Wages due to every worker shall be paid to him direct. All wages shall be paid
                 in current coins or currency or in both. The wages shall be paid without any
                 deductions of any kind except those specified by Central Government by
                 General Order or Special Order in this behalf of permissible under the payment
                 of wages act.
           ii)   Wages of every worker employed as contract labour in an establishment or by
                 Contractor are less, than one thousand, such workers shall be paid within
                 SEVEN days from the end of the Wage period; and before the expiry of the
                 10th day from the end of the wage period according as the number of workers
                 exceeds 1,000.




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      iii)          When employment of any worker is terminated by or on behalf of the
      Contractor, the wages earned by him shall be paid before expiry of the second working
              day, from the date on which his employment is terminated.
        iv)    All payment of wages shall be made at the work site on a working day except
               when the work is completed before expiry of the wage period, in which case
               final payment shall be made at the work site within 48 hours of the last working
               day and during normal time.
               NOTE : The term “working day” means a day on which labour is employed, and
               the work is in progress.
        7.    Register of Workmen : A register of workmen shall be maintained in the Form
              appended to these
              regulations and kept at the work site or as near to it as possible, and the
relevant particulars of
             every workman shall be entered therein within THREE days of his employment.
8.      Employment Card : The Contractor shall issue an employment card in the Form
        appended to these
                 regulations to each worker on the day of work or entry into his employment. If
                 a worker already has any such card with him issued by the previous
                 employer, the Contractor shall merely endorse that Employment Card with
                 relevant entries. The Contractor may, alternatively, issue an attendance-cum-
                 wage slip to each worker in the form appended. This card shall be valid for a
                 wage period, The Contractor shall mark attendance on the cards twice each
                 day and again after the rest interval before he actually starts the work. On
                 termination of employment the Employment Card shall again be endorsed by
                 the Contractor, service certificate issued and returned to the Worker.
9.      Register of Wages etc. :
        (i)    A register of Wages-Cum-Muster Roll in the Form appended to these
               regulations shall be maintained and kept at the work site or as near to it as
               possible.
        (ii)   A wage slip in the Form appended to these regulations shall be issued to every
               worker employed by the Contractor at least a day prior to disbursement of
               wages.
10.     Fines and deductions which may be made from Wages :
        (I)    Wages of a worker shall be paid to him without any deductions of any kind
               except the following -
        (a)    fines ;
        (b)    Deductions for absence from duty; i.e. from the place of his employment he is
               required to work. The amount of deductions shall be in proportion to the period
               for which he was absent ;
        (c)    Deduction for damage to or loss of goods expressly entrusted to the employed
               person for custody, or for loss of money which he is required to account for,
               where such damage or loss is directly attributable to his neglect or default;




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                                                                                          52

    (d)        Deductions for recovery of advances or for adjustment of over payment of
    wages. Advance granted shall be entered in a register; and
      (e)     Any other deduction which the MTNL may from time to time allow.
      (II)    No fines shall be imposed on any worker say in respect of such acts and
              omissions on his part as have been approved by the Chief Labour
              Commissioner or Competent Authority.
      (III)   No fine shall be imposed on a worker and no deductions for damage or loss
              shall be made from his wages until the worker has been given an opportunity of
              showing cause against such fines or deductions.
      (IV)    The total amount of fines which may be imposed in any one wage period on a
              worker shall not exceed an amount equal to three Paisa in a rupee of the
              wages payable to him in respect of that wage Period.
      (v)     No fine imposed on a worker shall be recovered from him in installments or
               after expiry of sixty days from the date on which it was imposed. Every fine
               shall be deemed to have been imposed on the day of the act or omission in
               respect of which it was imposed.
      (VI)    The Contractor shall maintain both in English and the local Indian language a
              list, approved by the Chief Labour Commissioner or Competent Authority
              clearly stating the acts and omissions for which penalty or fine may be imposed
              on a workman and display it in good condition in a conspicuous place on the
              work site.
      (VII) The Contractor shall maintain a register of fines and the register of deductions
            for damage or loss in the Forms appended to these regulations which should
            be kept at the place of work.
      (VIII) The Contractor shall display in a conspicuous place of work the list of acts and
             omissions for which the fines can be imposed. These are as under :
      (a)     Willful insubordination or disobedience, whether alone or in combination with
              someone.
      (b)     Theft, fraud or dishonesty in connection with the Contractors beside a business
              or property of MTNL.
      (c)     Taking or giving bribes or any illegal gratifications.
      (d)     Habitual late attendance.
      (e)     Drunkenness fighting, riotous or disorderly or different behaviour.
      (f)     Habitual negligence.
      (g)     Smoking near or around the area where combustible or other materials are
              stored.
      (h)     Habitual indiscipline.
      (i)     Causing damage to work in progress or to property of the MTNL or of the
              Contractor.
      (j)     Sleeping on duty.
      (k)     Malingering or slowing down work.



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                                                                                              53

      (l)               Giving of false information regarding name, father‟s name etc.
      (m)               Habitual loss of wage cards supplied by the employers
            (n)   Unauthorized use of employer‟s property of manufacture or making of
                  unauthorized articles at the work place.
            (o)   Bad workmanship in construction and maintenance by skilled workers which is
                  not approved by the MTNL and for which the Contractor is compelled to
                  undertake
                  rectifications.
            (p)   Making false complaints and/or misleading statements.
            (q)   Engaging on trade within the premises of the establishments.
            (r)   Any unauthorized divulgence of business affairs of the employees.
            (s)   Collection or canvassing for the collection of any money within the premises of
                  an
                  establishment unless authorized by the employer.
            (t)   Holding meeting inside the premises without previous sanction of the
                  employers.
            (u)   Threatening or intimidating any workman or employer during the working hours
                  within the premises.
11.         Register of Accidents : The Contractor shall maintain a register of accidents in such
            form as may be convenient at the work place but the same include the following
            Particulars :
            (a)   Full particulars of the labourers who met with accident.
            (b)   Rate of Wages
            (c)   Sex
            (d)   Age
            (e)   Nature of accident and cause of accident.
            (f)   Time and date of accident
            (g)   Date and time when admitted in hospital.
            (h)   Date of discharge from the hospital.
            (i)   Period of treatment and result of treatment.
            (j)   Percentage of loss of earning capacity and disability as assessed by Medical
                  Officer.
            (k)   Claim required to be paid under Workmen‟s Compensation Act.
            (l)   Date of payment of compensation.
            (m)   Amount paid with details of the person to whom the same was paid.
            (n)   Authority by whom the compensation was assessed.
            (o)   Remarks.




Signature of Contractor                                             Signature of EE (C)
                                                                                             54

      12.    Preservation of Registers : The Register of workmen and the Register of
      Wages-cum-Muster Roll required to be maintained under these Regulations shall be
        preserved for 3 years after the date on which the last entry is made therein.
13.     Enforcement : The Inspecting Officer shall either on his own motion or on a
        complaint received by him, carry out investigations, and send a report to the
        Engineer-in-Charge specifying the amounts representing Worker‟s dues and amount
        of penalty to be imposed on the Contractor for breach of these Regulations, that have
        to be recovered from the Contractor, indicating full details of the recoveries proposed
        and the reasons thereof. It shall be obligatory on the part of the Engineer-in-Charge
        on receipt of such a report to deduct such amounts from payments due to the
        Contractor.
14.     Disposal of amounts recovered from the Contractor : The Engineer-in-Charge
        shall arrange payment to workers concerned within FORTY FIVE days from receipt of
        a report from the Inspecting Officer except in cases where the Contractor had made
        an appeal under Regulation 16 of these Regulations. In cases where there is an
        appeal, payment of workers dues would be arranged by the Engineer-in-Charge,
        wherever such payments arise, within THIRTY days from the date of receipt of the
        decision of the Regional Labour Commissioner (R.L.C.)
15.     Welfare fund : All moneys that are recovered by the Engineer-in-Charge by way of
        workers dues which could not be disbursed to workers within the time limit prescribed
        above, due to reasons such as where about of workers not being known, death of a
        worker(s), etc. and also amounts recovered as penalty, shall be credited to a Fund to
        be kept under the custody of the MTNL for such benefit and welfare of workmen
        employed by the Contractor.
16.     Appeal against decision of Inspecting Officer : Any person aggrieved by a
        decision of the Inspecting Officer may appeal against such decision to the Regional
        Labour Commissioner concerned within THIRTY days from the date of the decision,
        forwarding simultaneously a copy his appeal to the Engineer-in-Charge. The decision
        of the Regional Labour Commissioner shall be final and binding upon the Contractor
        and the workmen.
17.     Representation of parties :
        (i)   A workman shall be entitled to be represented in any investigation or enquiry
              under these Regulations by an officer of a registered trade union of which he is
              a member or by an officer of a Federation of Trade Unions to which the said
              trade union is affiliated or where the workman is not a member of any
              registered trade union, by an officer of a registered trade union, connected with,
              or by any other workman employed in, the industry in which the worker is
              employed.
        (ii)  A contractor shall be entitled to be represented in any investigation or enquiry
              under these Regulations by an officer of an Association of Contractor‟s of which
              he is a member or by an officer of a Federation of Associations of Contractors
              to which the said association is affiliated or where the Contractor is not a
              member of any Association of Contractors, by an officer of association of
              employers, connected with, or by any other employer engaged in, the industry
              in which the Contractor is engaged.
        (iii) No party shall be entitled to be represented by a legal practitioner in any
              investigation or enquiry under these Regulations.



Signature of Contractor                                         Signature of EE (C)
                                                                                             55

      18.     Maternity benefits for female employees : The Contractor shall extend the
      leave, pay and other benefits as admissible to the female employees. No maternity
        benefits shall be admissible to a female worker unless she has been employed for a
        total             period             of             not            less            than
        6 months immediately preceding the date on which she proceeds on leave. The
        Contractor shall maintain a register of maternity benefits in prescribed form, and shall
        be kept in all the places of work.
19.     Inspection of Books and other Documents : The Contractor shall allow inspection
        of the Registers and other documents prescribed under these Regulations by
        Inspecting Officers and the Engineer-in-Charge or his authorized representative at
        any time and by the worker or his agent on receipt of due notice at a convenient time.
20.     Submission of Returns : The Contractor shall submit periodical returns as may be
        specified from time to time.
21.     Interpretation etc. : On any question as to the application interpretation or effect of
        these Regulations, the decision of the Chief Labour Commissioner or Deputy Chief
        Labour Commissioner (Central) shall be final and binding.
22.     Amendments : Central Government/MTNL may, from time to time, add to or amend
        these Regulations and issue such directions as it may consider necessary for the
        proper implementation of these Regulations or for the purpose of removing any
        difficulty which may arise in the administration thereof.




Signature of Contractor                                         Signature of EE (C)
                                                                                        56

       (REVERSE OF WAGE CARD)
                                           WAGE SLIP
                                       (Regulation 9)


(i)     Name                  of                the                              Contractor
        ______________________________________________________

(ii)    Place
        ____________________________________________________________________

        ____________________________________________________________________
        ____

1.      Name of the Worker with Father‟s/Husband‟s name

2.      Nature of Employment

3.      Wage Period

4.      Rate of Wages Payable

5.      Total attendance / Unit of work done

6.      Dates on which worked overtime

7.      Overtime Wages

8.      Gross Wages Payable

9.      Total Deductions (indicating nature of deductions)

10.     Net Wages Payable




Contractor‟s Signature / Thumb Impression                    Employees Signature / Thumb
Impression




 Signature of Contractor                                        Signature of EE (C)
                                                                                             57

                MODEL RULES FOR LABOUR WELFARE
                                   (Refer Clause 46.0)


1.    Definitions :
      (a)   „Workplace‟ means a place at which, on an average, twenty or more workers
            are employed on any day during the period which the Contract work is in
            progress.
      (b)   „Large Workplace‟ means a place at which, on an average, 500 or more
            workers are employed.
2.    First Aid :
      (a)   At every workplace, there shall be provided and maintained in a readily
            accessible place First Aid Appliances including an adequate supply of sterilized
            dressings and sterilized cotton wool as prescribed in the Factory Rules of the
            State in which the work is carried on. The appliances shall be kept in good
            order and, in large workplaces, they shall be placed under the charge of a
            responsible person who shall be trained in First Aid Treatment and who shall
            also be readily available during working hours. The First Aid Boxes shall be at
            the rate of not less than one Box for 150 Contract Labour or part thereof
            ordinarily employed. Adequate arrangement shall be made for immediate
            recoupement of items/equipment when necessary.
      (b)   At large work places, where hospital facilities are not available within easy
            distance of the works, First Aid Posts shall be established and be run by a
            trained compounder.
      Where large workplaces are remotely situated and far away from regular hospitals, an
      indoor ward shall be provided with one bed for every 250 employees.
      Where large workplaces are situated in cities, towns or in their suburbs and no beds
      are considered necessary owing to proximity of city or town hospitals, suitable
      transport shall be provided to facilitate removal of urgent cases to these hospitals. At
      other workplaces, some conveyance facilities shall be kept readily available to take
      injured person or persons suddenly taken seriously ill, to the nearest hospital.
      At large workplaces there shall be provided and maintained an ambulance room of
      the prescribed sizes, containing the prescribed equipment and in the charge of such
      medical and nursing staff as may be prescribed. For this purpose the relevant
      provisions of the Factory Rules of the State Government of the area where the work
      is carried on may be taken as the prescribed standard.
3.    Accommodation for Labour: The Contractor shall during the progress of the Works
      provide, erect and maintain necessary temporary living accommodation and ancillary
      facilities for labour at his own expense and to standard and scales as approved by
      the Engineer-in-Charge. However, following specifications shall be followed.
      (a) (i) The minimum height of each hut at the eaves level shall be 2.10 m (7 ft.)
                   and the floor area to be provided will be at the rate of 2.7 sq.m. (30 sq.ft.)
                   for each member of the worker‟s family staying with the labourer.
              (ii) The Contractor shall in addition construct suitable cooking places having a
                   minimum area of 1.80 m x 1.50 m (6‟x5') adjacent to the hut for each
                   family.



Signature of Contractor                                         Signature of EE (C)
                                                                                              58

                  (iii) The Contractor shall also construct temporary latrines and urinals for
     the use of the labourers, each on the scale of not less than four per each one hundred
                  of the total strength. Separate latrines and urinals be provided for women.
             (iv) The Contractor shall construct sufficient number of bathing and washing
                  places, one unit for every 25 persons residing in the camp. These washing
                  and bathing places shall be suitably screened.
       (b)   (i)    All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar
                    or other suitable local material as may be approved by the Engineer-in-
                    Charge. In case of sundried bricks, the walls should be plastered with mud
                    gobri on both sides. The floor may be katcha but plastered with mud gobri
                    and shall be at least 15 cm (6") above the surrounding ground. The roofs
                    shall be laid with thatch or any other materials as may be approved by the
                    Engineer-in-Charge and the Contractor shall ensure that throughout the
                    period of the occupation the roofs remain water-tight.
             (ii)   The Contractor shall provide each hut with proper ventilation.
             (iii) All doors, windows and ventilators shall be provided with suitable leaves
                   for security purposes.
             (iv) There shall be kept an open space at least 7.2 m (8 Yards) between the
                   rows of huts which may be reduced to 6 m (20 ft.) according to the
                   availability of site with the approval of the Engineer-in-Charge. Back to
                   Back construction will be allowed.
4.     Drinking Water :- In every workplace, there shall be provided and maintained at
       suitable places, easily accessible to labour, a sufficient supply of cold water fit for
       drinking.
       Where drinking water is obtained from an intermittent public water supply each
       workplace shall be provided with storage where drinking water shall be stored.
       Every water supply storage shall be at a distance of not less than 15 meters from any
       latrine, drain or other source of pollution. Where water has to be drawn from an
       existing well, which is within such proximity of latrine, drain or any other source of
       pollution, the well shall be properly chlorinated before water is drawn from it for
       drinking. All such wells shall be entirely closed in and be provided with a trap door
       which shall be dust and waterproof.
       A reliable pump shall be fitted to each covered well, the trap door shall be kept locked
       and opened only for cleaning or inspection which shall be done at least once a
       month.
5.     Washing and Bathing Places : Adequate washing and bathing places shall be
       provided separately for men and women. Such places shall be kept in clean and
       drained condition.
6.     Scale of Accommodation in Latrines and Urinals : There shall be provided within
       the precincts of every workplace latrines and urinals in a accessible place, and the
       accommodation, separately for each of these, shall not be less than at the following
       scales :
       Number of Seats
       (a) Where number of persons does not exceed 50        ..      ..     ..      ..
        2
       (b) Where number of persons exceeds 50 but does not exceed 100 .. ..             3



Signature of Contractor                                          Signature of EE (C)
                                                                                            59

              (c) For additional persons ..    ..   ..     ..            ..    3 per 100 or
      part thereof
        In particular cases, the Engineer-in-Charge shall have the power to increase the
        requirement, where necessary.
7.      Latrines and Urinals : Except in workplaces provided with water flushed latrines
        connected with a water-borne sewage system, all latrines shall be provided with
        receptacles on dry earth system which shall be cleaned at least four times daily and
        at least twice during working hours and kept in strictly sanitary condition. Receptacle
        shall be tarred inside and outside at least once a Year. If women are employed,
        separate latrine and urinals, screened from those for men and marked in the
        vernacular in conspicous letters “For women only” shall be provided on the scale laid
        down in rule 6. Those for men shall be similarly marked “For Men Only” A porter
        showing the figure of a man and of a woman shall also be exhibited at the entrance to
        latrines for each sex. There shall be adequate supply of water close to the latrines
        and urinals.

8.      Construction of Latrines : Inside walls shall be constructed of masonry or other
        non-absorbent material and shall be cement-washed inside and outside at least once
        a year. The dates of cement washing shall be noted in a register maintained for the
        purpose and kept available for inspection. Latrines shall have at least thatched roof.

9.      Disposal of Excreta : Unless otherwise arranged for by the local sanitary authority,
        arrangement for proper disposal of excreta by incineration at the workplace shall be
        made by means of a suitable incinerator approved by the local medical, health and
        municipal or cantonment authorities. Alternatively excreta may be disposed off by
        putting a layer of night soil at the bottom of pucca tank prepared for the purpose and
        covering it with a 15 cm layer of waste or refuse and then covering it with a layer of
        earth for a fortnight. (when it will turn into manure).

        The Contractor shall, at his own expense, carry out all instructions issued to him by
        the Engineer-in-Charge to effect proper disposal of soil and other conservancy work
        in respect of Contractor‟s work-people or employees on the Site. The Contractor shall
        be responsible for payment of any charges which may be levied by municipal or
        cantonment authority for execution of such work on his behalf. However sewer
        charges payable to BMC or other local bodies on plinth area basis shall be borne by
        the department.

10.     Provision of shelters during rest : At every workplace shall be provided, free of
        cost, four suitable sheds two for meals and two others for rest, separately for use of
        men and women labour. Height of each shelter shall not be less than 3 meters from
        floor-level to lowest part of roof.

        Sheds shall be kept clean and the space provided shall be at the basis of at least 0.5
        sq.m. per head.

11.     Creches : At a place at which 20 or more women workers are ordinarily employed,
        there shall be provided at least one hut for use of children under the age of 6 years
        belonging to such women. Huts shall not be constructed to a standard lower than that




Signature of Contractor                                         Signature of EE (C)
                                                                                              60

      of thatched roof, mud floor and wall with wooden planks spread over mud floor and
      covered with matting.

        Huts shall be provided with suitable and sufficient openings, for light and ventilation.
        There shall be adequate provision of sweepers to keep the places clean. There shall
        be two dais in attendance. Sanitary utensils shall be provided to the satisfaction of
        local medical, health and municipal or cantonment authorities, use of huts shall be
        restricted to children, their attendants and mothers of children.

        Where the number of women workers is more than 25 but less than 50, the
        Contractor shall provided at least one hut and one Dai to look after children of women
        workers.

        Size of creche(s) shall vary according to the number of women workers employed.

        Creche(s) shall be properly maintained and necessary equipment like toys, etc.
        provided.

12.     Canteen : A cooked food canteen on a moderate scale shall be provided for the
        benefit of workers wherever it is considered necessary.

13.     Planning : Setting and erection of the above mentioned structures shall be approved
        by the Engineer-in-Charge and the whole of such temporary accommodation shall at
        all times during the progress of the works be kept tidy and in a clean and sanitary
        condition as per requirements of the local bodies and to the satisfaction of the
        Engineer-in-Charge and at the Contractor‟s expenses. The Contractor shall confirm
        generally to sanitary requirements of local medical, health and muncipal or
        cantonment authorities and all times adopt such, precautions as may be necessary to
        prevent soil pollution of the site.

14.     Anti-malarial precautions : The Contractor shall at his own expense, confirm to all
        anti-material instructions given to him by the Engineer-in-Charge, including filling up
        any borrow pits which may have been dug by him.

15.     Enforcement : The Inspecting Officer mentioned in the Contractor‟s Labour
        Regulations or any other officer nominated on his behalf by the Engineer-in-Charge
        shall report to the Engineer-in-Charge all cases of failure on the part of the Contractor
        and or his sub-contractors to comply with the provisions of these Rules either wholly
        or in part and the Engineer-in-Charge shall impose such fines and other penalties as
        are prescribed in the conditions.

16.     Interpretations, etc. : On any question as to the application, interpretation of effect
        of these Rules, the decision of the Chief Labour Commissioner or Deputy Chief
        Labour Commissioner (Central) shall be final and binding.

17.     Amendments : Government / MTNL may, from time, add to or amend these Rules
        and issue such directions as it may consider necessary for the proper implementation
        of these Rules or for the purpose of removing any difficulty which may arise in the
        administration thereof.




Signature of Contractor                                          Signature of EE (C)
                                                                                           61

                                   MODEL SAFETY CODE

                                  (Refer Clause No. 46.0)
1.    Suitable scaffolds shall be provided for workmen for all work that cannot safely be
      done from the ground, or from solid construction except such short period work as
      can be done safely from ladders. When a ladder is used as extra mazdoor shall be
      engaged for holding the ladder and if the ladder is used for carrying materials as well,
      suitable footholds and hand-holds shall be provided on the ladder. It shall be given an
      inclination not steeper than 1/4 to 1 (1/4 horizontal and 1 vertical).
2.    Scaffolding or staging more than 3.60 meters above the ground or floor, swing or
      suspended from an overhead support or erected with statlonary support shall have a
      guard rail properly attached, bolted, braced and otherwise secured at least 1 meter
      high above the outside and ends thereof with only such opening as may be
      necessary for the delivery of materials. Such scaffolding or staging shall be so
      fastened as to prevent it from swaying from the building or structure.
3.    Working platform, gangways, and stairways shall be so constructed that do not sag
      unduly or unequally, and if a height of a platform or gangway or stairway is more than
      3.60 meters above ground level or floor level it shall be closely boarded, have
      adequate width and be suitably fenced as described in 2 above.
4.    Every opening in floor of a building or in a working platform shall be provided with
      suitable means to prevent fall of persons or materials by providing suitable fencing or
      railing with a minimum height of one metre.
5.    Safe means of access shall be provided to all working platform and other working
      places. Every ladder shall be securely fixed. No portable single ladder shall be over 9
      metres in length Width between side rails in a rung ladder shall in no case be less
      than 30 cm for ladders upto and including 3 meters in height. For longer ladders this
      width shall be increased at least 6 mm., for each additional 30 cm of length. Uniform
      step spacing shall not exceed 30 cm.
      Adequate precautions shall be taken to prevent danger from electrical equipment. No
      materials on any of the Site shall be so stacked or placed as to cause danger or
      inconvenience to any person or the public. The Contractor shall provide all necessary
      fencing and lights to protect public from accidents and shall be bound to bear
      expenses of defense of every suit, action or other proceedings at law that may be
      brought by any person for injury sustained owing to neglect of the above precaution
      and to pay any damages and costs which may be awarded in any such suit, action or
      proceedings to any such person or which may at the consent of the Contractor be
      paid to compromise any claim by such Person.
6.    Excavation and Trenching : All trenching 1.2 metres or more in depth shall at all
      times be supplied with at least one ladder for each 20 metres in length or fraction
      thereof. Ladder shall be extended from bottom of trench to at least 1 metre above
      surface of the ground. Sides of a trench which is 1.5 metres or more in depth shall be
      stepped back to give suitable slope or securely held by timber bracing, so as to avoid
      the danger of sides collapsing, Excavated material shall not be placed within 1.5
      metres of edge of trench or half of depth of trench whichever is more. Cutting shall be
      done from top to bottom. Under no circumstances shall undermining or undercutting
      be done.




Signature of Contractor                                       Signature of EE (C)
                                                                                            62

     7.    Demolition : Before any demolition work commences and also during the
     process of the work:
      (a)   All roads and open areas adjacent to the work Site shall either be closed or
            suitably protected ;
      (b)   No electric cable or apparatus which is liable to be a source of danger over a
            cable or apparatus used by operator shall remain electrically charged;
      (c)   All practical steps shall be taken to prevent danger to persons employed, from
            risk or fire or explosion, or flooding. No floor, roof, or other part of a building
            shall be so overloaded with debris or materials as to render it unsafe.
8.    All necessary personal safety equipment as considered adequate by the Engineer-in-
      Charge shall be available for use of persons employed on the Site and maintained in
      a condition suitable for immediate use; and the Contractor shall take adequate steps
      to ensure proper use of equipment by those concerned.
      (a)   Workers employed on mixing asphaltic materials, cement and lime mortars /
            concrete shall be provided with protective footwear and protective goggles.
      (b)   Those engaged in handling any material which is injurious to eyes shall be
            provided with protective goggles.
      (c)   Those engaged in welding works shall be provided with welder‟s protective eye
            shields.
      (d)   Stone breakers shall be provided with protective goggles and protective
            clothing and seated at sufficiently safe intervals.
      (e)   When workers are employed in sewers and manholes, which are in active use,
            the Contractor shall ensure that the following safety measures are adhered to:
            (i)    Entry for workers into the line shall not be allowed except under
                   supervision of the representative of the Engineer-in-Charge or any other
                   officer/official of the MTNL.
            (ii)   At least 5 to 6 manholes upstream and down-stream should be kept open
                   for at least 2 to 3 hours before any man is allowed to enter into the
                   manhole for working inside.
            (iii) Before entry, presence of Toxic gases should be tested by inserting wet
                  lead acetate paper which changes colour in the presence of such gases
                  and gives indication of their presence.
            (iv) Presence of Oxygen should be verified by lowering a detector lamp into
                 the manhole. In case, no oxygen is found inside the sewer line, workers
                 should be sent only with a Oxygen kit.
            (v) Safety belt with rope should be provided to the workers, while inside the
                manholes. Such rope should be handled by two men standing outside to
                enable him to be pulled out during emergency.
            (vi) The area should be barricaded or cordoned off by suitable means to avoid
                 mishaps of any kind. Proper warning signs should be displayed for the
                 safety of the public whenever cleaning works are undertaken during night
                 or day.




Signature of Contractor                                        Signature of EE (C)
                                                                                            63

    (vii)               No smoking or open flames be allowed near the blocked manhole
    being cleaned.
            (viii) The malba obtained on account of cleaning of blocked manholes and
                   sewer lines should be immediately removed to avoid accidents on account
                   of slippery nature of the malba.
            (ix) Workers should not be allowed to work inside the manhole continuously.
                 They should be given rest intermittently. The Engineer-in-Charge may
                 decide the time upto which a worker may be allowed to work continuously
                 inside the manhole.
            (x) Gas masks with Oxygen Cylinder should be kept at hand for use in
                emergency.
            (xi) Air blowers should be used for flow of fresh air through the manholes
                 when ever called for. Portable air blowers are recommended for ventilating
                 the manholes. The Motors for these shall be vapour proof and of totally
                 enclosed type. Non sparking gas engines also could be used but they
                 should be placed at least 2 metres away from the opening and on the
                 lowered side protected from wind so that they will not be source of friction
                 of any inflammable gas that might be present.
            (xii) The workers engaged for cleaning the manholes/sewers should be
                  properly trained before allowing to work in the manholes.
            (xiii) The workers shall be provided with Gumboots or non sparking shoes,
                   bump helmets and gloves, non sparking tools, safety lights and gas masks
                   and portable air blowers (where necessary). They must be supplied with a
                   barrier cream for anointing the limbs before working inside the sewer lines.
            (xiv) Workmen descending a manhole shall try each ladder step of rung
                  carefully before putting his full weight on it to guard against insecure
                  fastening due to corrosion of the rung fixed to the manhole wall.
            (xv) If a man has received a physical injury he should be brought out of the
                 sewer immediately and adequate medical aid should be provided to him.
            (xvi) The extent to which these precautions are to be taken depend on
                  individual situations but the decision of the Engineer-in-Charge regarding
                  the step to be taken in an individual case will be final.
      (f)   The Contractor shall not employ men and women below the age of 18 years on
            the work of painting with products containing lead in any form. For such
            workers, the following precautions should be taken:
            (i)    No paint containing lead or products shall be used except in the form of
                   paste or ready made paint.
            (ii)   Suitable face masks should be supplied for use by the workers when paint
                   is applied in the form of a spray on a surface having lead paint dry rubbed
                   and scraped.
            (iii) Overalls shall be supplied by the Contractor to the workmen and adequate
                  facilities shall be provided to enable the working painters to wash during
                  the cessation of work.



Signature of Contractor                                        Signature of EE (C)
                                                                                              64

      (iv)                (1.a) White lead, sulphate of lead or product containing these
      pigment,                                                                              shall
                           not be used in painting operation except in the form of paste of paint
                           ready for use.
                   (1.b) Measures shall be taken, wherever required in order to prevent
                         danger
                         arising from the application of a paint in the form of spray.
                   (1.c) Measures shall be taken, wherever practicable, to prevent danger
                         arising out of from dust caused by dry rubbing down and scraping.
              (iv) (2.a) Adequate facilities shall be provided to enable working painters to
                         wash
                         during and on cessation of work.
                   (2.b) Overall shall be worn by working painters during the whole of
                         working
                         period.
                   (2.c) Suitable arrangement shall be made to prevent clothing put off
                         during, working hours being soiled by painting materials.
                   (3.a) Cases of lead poisoning and suspected lead poisoning shall be
                         notified and shall be subsequently verified by a medical man
                         appointed by the Engineer-in-Charge.
                   (3.b) The Engineer-in-Charge may require, when necessary medical
                         examination of workers.
                   (4.)    Instructions with regard to special hygienic precautions to be taken
                           in the painting trade shall be distributed to working painters.
9.      When the work is done near any place where there is risk of drowning, all necessary
        equipments should be provided and kept ready for use and all necessary steps taken
        for prompt rescue of any person in danger and adequate provision should be made
        for prompt first aid treatment of all injuries likely to be attained during the course of
        the work.
10.     Use of hoisting machines and tackles including their attachments, anchorages and
        supports shall confirm to the following standards or conditions.
        (a)   These shall be of good mechanical construction, sound materials and adequate
              strength and free patent defects and shall be kept repaired and in good working
              order.
        (b)   Every rope used in hoisting or lowering materials or as a means of suspension
              shall be of durable quality and adequate strength, and free from patent defects.
        (c)   Every crane driver or hoisting appliance operator shall be qualified and no
              person under the age of 21 years should be in charge of any hoisting machine
              including any scaffolding which or give signals to operator.
        (d)   In case of every hoisting machine and of every chain ring hook, shackle swivel
              and pulley block used in hoisting or as means of suspension, the safe working
              load shall be ascertained by adequate means. Every hoisting machine and all
              gear referred to above shall be plainly marked with the safe working load. In
              case of a hoisting machine having a variable safe working load each safe
              working load and the condition under which it is applicable shall be clearly



Signature of Contractor                                          Signature of EE (C)
                                                                                             65

      indicated, No part of any machine or any gear referred to above in this paragraph shall
      be loaded, beyond the safe working load except for the purpose of testing.
        (e)   In case of a MTNL‟s machine, safe working load shall be notified by the
              Engineer-in-Charge, As regards the Contractor‟s machine the Contractor shall
              notify the safe working load of each machine to the Engineer-in-Charge
              whenever he brings it to Site of work and get it verified by the Engineer-in-
              Charge.
11.     Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting
        appliances shall be provided with efficient safeguards: hoisting appliances shall be
        avoided with such means as will reduce to the minimum, risk of accidental descent of
        load. Adequate precautions shall be taken to reduce to the minimum, risk of any part
        of a suspended load becoming accidentally displaced. When workers are employed
        on electrical installations which are already energised, insulting mats, working apparel
        such as gloves, sleeves and boots, as may be necessary, shall be provided. Workers
        shall not wear any rings, watches and carry keys or other materials which are good
        conductors of electricity.
12.     All scaffolds, ladders and other safety devices mentioned or described herein shall be
        maintained in a safe condition and no scaffold, ladder or equipment shall be altered
        or removed while it is in use. Adequate washing facilities shall be provided at or near
        places of work.
13.     These safety provisions shall be brought to the notice of all concerned by display on
        a notice board at a prominent place at the work spot. Persons responsible for
        ensuring compliance with the Model Safety Code shall be named therein by the
        Contractor.
14.     To ensure effective enforcement of the rules and regulations relating to safety
        precautions, arrangements made by the Contractor shall be open to inspection by the
        Engineer-in-Charge or his representatives and the Inspecting Officers as defined in
        the Contractor‟s Labour Regulation.
15.     Notwithstanding the above conditions 1 to 14 the Contractor is not exempted from the
        operation of any other Act or Rule in force.




Signature of Contractor                                         Signature of EE (C)
                                                                                            66

                                       ANNEXURE I
                              PROFORMA OF AGREEMENT
                     (On non-judicial stamp paper of appropriate value)
CONTRACT              AGREEMENT               FOR           THE         WORK            OF
_______________________________________ DATED ___________ 200 ____ Between
M/s. _________________________________________ (Refer Note at page A-35) in the
town of _____________ hereinafter called the Contractor (which term shall unless excluded
by or repugnant to the subject or context include its successors and permitted assignees) of
the one part and the MAHANAGAR TELEPHONE NIGAM LIMITED hereinafter called the
MTNL (Which term shall, unless excluded by or repugnant to the subject or context include
its successors and assignees) of the other part.
        WHEREAS
A.     The MTNL is desirous that the construction of ___________ at ________________
       should be executed as mentioned, enumerated or referred to in the tender
       documents including Press Notice Inviting Tender, General Conditions of the
       Contract, Special conditions of the Contract, Specifications, Drawings, Plans, Time
       Schedule of completion of jobs, Schedule of Quantities & Rates, Agreed Variations,
       other documents, has called for Tender.
B.     The Contractor has inspected the site and surroundings of the work specified in the
       tender documents and has satisfied himself by careful examination before submitting
       his tender as to the nature of the surface, strata, soil, sub-soil and ground, the form
       and nature of site and local conditions the quantities, nature and magnitude of the
       work, the availability of labour and materials necessary for the execution of work, the
       means of access to site, the supply of power and water thereto and the
       accommodation he may require and has made local and independant enquiries and
       obtained complete information as to the matters and things referred to or implied in
       the tender documents or having any connection therewith, and has considered the
       nature and extent of all probable and possible situations, delays, hindrances or
       interferences to or with the execution and completion of the work to be carried out
       under the Contract, and has examined and considered all other matters, conditions
       and things and probable and possible contingencies, and generally all matters
       incidental thereto and ancillary thereof affecting the execution and completion of the
       work and which might have influenced him in making his tender.
C.     The tender documents including the MTNL‟s Press Notice Inviting Tender, General
       Conditions of Contract, Special Conditions of Contract, Schedule of Quantities &
       rates, General obligations, Specifications, Drawings, Plans, Time schedule for
       completion of work, Letter of Acceptance of tender and any statement of agreed
       variations with its enclosures, copies of which are hereto annexed form part of this
       Contract though separately set out herein and are included in the expression
       Contract wherever herein used.
       AND WHEREAS
       The          MTNL            accepted         the          tender        of        M/s.
       ________________________________________ (Refer note at page A-35)
       (Contractor)     for     the    construction    of    ______________________          at
       ___________________ and conveyed vide letter no. _________ dated ___________
       at the rates stated in the Schedule of quantities for the work and accepted by the



Signature of Contractor                                        Signature of EE (C)
                                                                                 67

    MTNL (hereinafter called the Schedule of Rates upon the terms and subject to the
    conditions of the Contract.)




Signature of Contractor                                 Signature of EE (C)
                                                                                             68

     NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND DECLARED
     AS FOLLOWS:
1.    In consideration of the payment to be made to the Contractor for the work to be
      executed by him, the Contractor hereby covenants with the MTNL that the Contractor
      shall and will duly provide, execute, complete and maintain the said work and shall do
      and perform all other acts and things in the Contract mentioned or described or which
      are to be implied there-from or may be reasonably necessary for the completion of
      the said works and at the said times and in the manner and subject to the terms and
      conditions or stipulations mentioned in the Contract., AND,
2.    In consideration of the due provision, execution, completion and maintenance of the
      said work, the MTNL does hereby agree with the Contractor that the MTNL will pay to
      the Contractor the respective amounts for the work actually done by him and
      approved by the MTNL at the Schedule of Rates and such other sum payable to the
      Contractor under provision of this Contract, such payment to be made at such time in
      such manner as prescribed for in the Contract.
      It is specifically and distinctly understood and agreed between the MTNL and the
      Contractor that the Contractor shall have no right, title or interest in the site made
      available by the MTNL for execution of the works or in the building, structures or
      works executed on the said site by the Contractor or in the goods, articles, materials
      etc. brought on the said site (unless the same specifically belongs to the Contractor)
      and the Contractor shall not have or deemed to have any lien whatsoever charge for
      unpaid bills, will not be entitled to assume or retain possession or control of the site or
      structures and the MTNL shall have an absolute and unfettered right to take full
      possession of site and to remove the Contractor, their servants, agents and materials
      belonging to the Contractor, and lying on the site.
      In Witness whereof the parties hereto have here into set their respective hands and
      seals in the day and the year first above written.


      Signed and delivered for and on                           Signed and delivered for and
      on behalf of the MTNL                                     behalf of the Contractor




      (MAHANAGAR TELEPHONE NIGAM LTD.)                                  (CONTRACTOR)
      DATE _________________                                            DATE
      _______________
      PLACE _______________                                             PLACE
      _____________
                          IN PRESENCE OF TWO WITNESSES
      _________________                                                 ________________
      _________________                                                 ________________
                                      ANNEXURE II
                 PROFORMA FOR PERFORMANCE GUARANTEE



Signature of Contractor                                         Signature of EE (C)
                                                                                          69

                  (ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)
            THIS        DEED      OF        GUARANTEE             IS     MADE        THIS
      _________________________________ DAY OF ______________________
      between the MAHANAGAR TELEPHONE NIGAM LIMITED hereinafter called the
      MTNL with it‟s Registered Office at Jeevan Bharati Building Tower
      1, 12th floor, Connaught Circus, New Delhi 110 001 (which expression shall unless
      excluded by or repugnant to the context include its successors and assignees) of the
      one part and _______________ hereinafter called the Bank (which expression shall
      unless excluded by or repugnant to the context include its successors and assignees)
      of the other part.
      Whereas MAHANAGAR TELEPHONE NIGAM LIMITED accepted the tender of M/s.
      ___ ________________ hereinafter called the Contractor to execute the term
      contract_______________________ for year ____________________________ in
      GM _______________area of Mahanagar Telephone Nigam Limited as per letter
      conveyed vide MTNL letter No. ___________________ dated ________________
      (hereinafter referred to as the said Contract).
      AND WHEREAS the said Contract provides that the Contractor shall furnish
      unconditional and irrevocable Bank Guarantee to the extent of 5% of the contract
      value as and by way of performance Guarantee for the due observance and
      performance of the Contract. AND WHEREAS at the request of the Contractor the
      Bank has agreed to execute these presents.
      NOW THE DEED WITNESSED AND IT IS HEREBY AGREED AND DECLARED BY
      AND between the parties hereto as follows :
1.    That the bank hereby agrees and undertakes that if in the opinion of MTNL, any
      default is made by M/s. _____________________________ in performing any of the
      terms and or conditions of the agreement or if in the opinion of MTNL the Contractor
      commits any breach to the Contract or there is any demand by MTNL against Ms.
      ______________________ then on notice to the Bank by MTNL, the Bank shall on
      demand       and     without      demur     and     without    reference    to     M/s.
      ___________________________ immediately pay to MTNL in any manner in which
      they may direct, the said amount of Rs. _______ (Rupees ________________ only)
      or such portion thereof as may be demanded by MTNL not exceeding the sum of this
      Bank Guarantee and as MTNL may from time to time require. The liability of the Bank
      to pay is not dependant or conditional on the MTNL‟s proceedings against the
      Contractor and the bank shall be liable to pay the aforesaid amount as and when
      demanded by them merely on a claim being raised by MTNL.
      1.a) That on receipt of the demand for payment of the amount as aforesaid it will not
            be open to the Bank to challenge the said demand on any ground whatsoever
            including the formation of opinion about the default and/or breach of the
            Contract and such opinion of MTNL shall be final and binding on the bank. The
            notice of demand shall be in the form enclosed and when such notice is
            received, it shall be treated as notice in accordance with the terms of the Bank
            Guarantee.
      1.b) That the Bank undertakes to pay the amount as may be demanded by the
            MTNL as aforesaid within 2 (Two) days of the receipt of the demand. In case
            the payment is not made within 2 (Two) days as aforesaid, the Bank shall be
            liable to pay 24% interest per annum, for the delay in payment and it shall be



Signature of Contractor                                       Signature of EE (C)
                                                                                               70

       without prejudice to the MTNL‟s right for any other remedies that may be permissible
       under the law.
2.       That the Mahanagar Telephone Nigam Ltd. will have full liberty without reference to
         Bank and without affecting this Guarantee, postpone for any time or from time to time
         the exercise of any of the powers and rights conferred on MTNL under the contract
         with the said M/s. _________________ which under law relating to the sureties
         would but for the provisions have the effect of releasing the Bank.
3.       That the right of MTNL to recover the said sum of Rs. ______ (Rupees
         ___________________ only) from the Bank in manner aforesaid will not be affected
         or suspended by reason of the fact that any dispute or disputes have been raised by
         the said Ms. ______________________ ____ and/or whether any dispute or
         disputes are pending before any officer, Tribunal or Court.
4.a)     That the Guarantee herein contained shall not be determined or affected by the
         liquidation or winding up dissolution or change of constitution or insolvency of the
         said M/s. _______ _______________________ but shall in all respect and for all
         purposes be binding and operative until payment of all money due to the MTNL in
         respect of such liability or liabilities.
         b)     The Guarantee herein contained shall not be affected by any change in the
                constitution of the contractor or MTNL or the Bank and shall be a continuing
                one.
5.a)     That Bank further agrees that the Guarantee herein contained shall remain in full
         force and effect for a period of six months from the date hereof restricted to Rs.
         ___________ (Rupees _____________________________ only) and also that the
         extension of this Guarantee will be provided for by the Bank for such period beyond
         the said period of six months as the MTNL may feel necessary in this behalf in case
         the time of the original contract with the Contract is extended. Provided further that if
         any claim accrues or arises against the Bank before the expiry of the said period of
         _________ or an extension thereof, the same shall be enforceable against the Bank
         notwithstanding the fact the same is enforced after the said period of
         ______________ or any extension thereof provided the MTNL has given at least
         three calendar months written notice to the Bank.
 b)      The bank undertakes not to revoke this Guarantee during its currency except with the
         previous consent of the MTNL, in writing.
 c)      Any time concession or act of omission or indulgence granted by the MTNL to the
         Contractor/Bank will not constitute any waiver on the part of the MTNL nor the same
         shall in any way prejudice or adversely affect the Guarantee.
 d)      The Guarantee shall not be prejudiced or in any case discharged or vitiated if the
         MTNL holds any other undertaking/indemnity or any other securities for protection of
         their interest.
6.a)     That the Bank declares that it has power to issue this Guarantee in favour of the
         MTNL under its Memorandum and Articles of Association and the undersigned has
         full powers to execute it under the power of Attorney dated ___________ granted to
         him by the Bank.
 b)      That the Bank Guarantee can be invoked by anyone of the following Officers of the
         MTNL.
         1.     Chairman & Managing Director.
         2.     Officer of the rank of Superintending Engineer.



Signature of Contractor                                           Signature of EE (C)
                                                                                       71

            3.     Executive Engineer/Concerned Accounts Officer.
             The invocation of the Bank Guarantee by any of the above noted/defined
       officers of the MTNL will be regarded and deemed to be invocation of this Guarantee
       by the MTNL.
       IN WITNESS WHEREOF THE parties have executed these presents the day and
       year therein above writing.
Signed and delivered by                             Signed and delivered by
____________________                                _______________________
the constituted attorney                            FOR AND ON BEHALF OF THE
       MTNL
for and on behalf of the
Bank in the PRESENCE OF
1. ____________________                             1. ______________________
2. ____________________                             2. ______________________
N.B.: The Bank Guarantee shall be from the State Bank of India or any Scheduled Bank of
       India.




Signature of Contractor                                     Signature of EE (C)
                                                                                              72

                                         ANNEXURE - III
                         PROFORMA FOR BANK GUARANTEE
                         AGAINST MOBILISATION ADVANCE
        THIS        DEED          OF        GUARANTEE             IS       MADE          ON
        __________________________________ DAY OF _______________________
        between the Mahanagar Telephone Nigam Limited with its Registered Office at
        Jeevan Bharati Building, Tower - 1, 12th Floor, Connaught Circus, New Delhi - 110
        001. (hereinafter called MTNL) (which expression shall unless excluded by or
        repugnant to the context include its successors and asignees) of the one part and
        _____________________ hereinafter called the Bank (which expression shall unless
        excluded by or repugnant to the context include its successors and assignees) of the
        other part.
        WHEREAS MAHANAGAR TELEPHONE NIGAM LIMITED accepted the Tender of
        M/s. __________________ hereinafter called the Contractor to execute the work of
        Mahanagar Telephone Nigam Limited as per letter conveyed vide MTNL letter No.
        ________________ dated _____________ (hereinafter referred to as the said
        Contract) for the construction of _________________ at ____________.
        AND WHEREAS the said Contract provides that mobilization advance @10%
        rounded of to the nearest One Thousand Rupees of contract value may be given
        against unconditional and irrevocable Bank Guarantee to be furnished by the
        Contractor in the manner acceptable to the Engineer-in-Charge.
        AND WHEREAS at the request of the Contractor the Bank has agreed to execute
        these
        presents.
        NOW THE DEED WITNESSED AND IT IS HEREBY AGREED AND DECLARED BY
        AND between the parties hereto as follows :
1.(a)   That the bank hereby agrees and undertakes that if in the opinion of the MTNL, any
        default is made by M/s. ____________________ in performing any of the terms and
        or conditions of the agreement or if in the opinion of the MTNL the Contractor
        commits any breach to the Contract or there is any demand by the MTNL against
        M/s. __________________ of the said mobilisation advance or part thereof has
        otherwise become payable but has not paid/got adjusted by the Contractor then on
        notice to the Bank by the MTNL, the bank shall on demand and without demur and
        without reference to M/s. ___________________ immediately pay to the MTNL in
        any manner in which they may direct, the said amount of Rs. ____________ (Rupees
        ___________________ only) or such portion thereof as may be demanded by the
        MTNL not exceeding the sum of this Bank Guarantee. The liability of the Bank to pay
        is not dependent or conditional on the MTNL‟s proceedings against the Contractor
        and the bank shall be liable to pay the aforesaid amount as and when demanded by
        them merely on a claim being raised by the MTNL.
1.(b)   That on receipt of the demand for payment of the amount as aforesaid it will not be
        open to the Bank to challenge the said demand on any ground whatsoever including
        the formation of opinion about the default and/or breach of the Contract and/or liability
        to pay the said mobilisation advance or part thereof and such opinion of the MTNL
        shall be final and binding on the Bank. The notice of demand shall be in the form




Signature of Contractor                                          Signature of EE (C)
                                                                                             73

        enclosed and when such notice is received, it shall be treated as notice in accordance
        with the terms of the Bank Guarantee.
1.(c)     That the Bank undertakes to pay the amount as may be demanded by the MTNL as
          aforesaid within 2 (Two) days of the receipt of the demand. In case the payment is
          not made within 2 (Two) days as aforesaid, the Bank shall be liable to pay 24%
          interest per annum, for the delay in payment and it shall be without prejudice to
          MTNL‟s right for any other remedies that may be permissible under the law to the
          MTNL.
2.        That the Mahanagar Telephone Nigam Ltd. will have full liberty without reference to
          Bank and without affecting this Guarantee, postpone for any time or from time to time
          the exercise of any of the powers and rights conferred on the MTNL under the
          contract                        with                    the                      said
          M/s. ____________________ which under law relating to the sureties would but for
          the
          provisions have the effect of releasing the Bank.
3.        That the right of MTNL to recover the said sum of Rs. ___________________
          (Rupees __________________ only) from the Bank in manner aforesaid will not be
          affected                                                                            or
          suspended by reason of the fact that any dispute or disputes have been raised by the
          said
          M/s. __________________ and/or whether any dispute or disputes are pending
          before any officer, Tribunal or court.
4.(a)     That the Guarantee herein contained shall not be determined or affected by the
          liquidation or winding up dissolution or change of constitution or insolvency of the
          said M/s. ______ _____________________ but shall in all respects and for all
          purposes be binding and operative until payment of all money due to MTNL in
          respect of such liability or liabilities.
4.(b)     The Guarantee herein contained shall not be affected by any change in the
          constitution of the contractor or MTNL or the Bank and shall be a continuing one.
5.(a)     That the Bank declares that it has power to issue this guarantee in favour of the
          MTNL under its Memorandum and Articles of Association and the undersigned has
          full power to execute it under the power of Attorney dated ___________________
          granted to him by the Bank.
5.(b)     That the Bank Guarantee can be invoked by any one of the following officers of the
          MTNL.
          1. Chairman & Managing Director.
          2. Officers of the rank of Superintending Engineer.
          3. Executive Engineer/Concerned Accounts Officer.
          The invocation of the Bank Guarantee by any of the above noted/defined officers of
          the MTNL will be regarded and deemed to be invocation of this Guarantee by the
          MTNL.
          IN WITNESS WHEREOF THE parties have executed these presents the day and
          year therein above writing.
Signed and delivered by                                  Signed and delivered by
______________________                                   ______________________




Signature of Contractor                                          Signature of EE (C)
                                                                                     74

     the constituted attorney                           FOR AND ON BEHALF OF THE
     MTNL
for and on behalf of the
Bank in the PRESENCE OF
1. ________________                                ___________________
2. _________________                               ___________________
N.B. : The Bank Guarantee shall be from the State Bank of India or any Scheduled Bank of
       India.




Signature of Contractor                                    Signature of EE (C)
                                                                                    75

                                      ANNEXURE - IV
                          ANNEXURE TO BANK GUARANTEE
                      PROFORMA FOR NOTICE OF INVOCATION


To,
The Manager
________________ Bank,
________________ Branch,
________________




            Sub. : Invocation of Bank Guarantee No. ________ dated __________

Dear Sir,
You are to hereby to take notice that M/s. _______________________________ have made
default in performing terms and conditions of the agreement/has committed breach of the
Contract.
We accordingly invoke the above noted Bank Guarantee to the extent of Rs.
____________________ (Rupees ______________________________________ only) and
demand that the said sum be released in our favour without any demur and delay at the
earliest.
Thanking you,




                                                                        Yours
       sincerely,


                                                                        (
       )




Signature of Contractor                                   Signature of EE (C)
                                                                                              76

                                         ANNEXURE - V
                                    (Refer Clause No. 50.2)
              PROFORMA FOR INDENTURE FOR SECURED ADVANCE
THIS INDENTURE made on the _____________ day of ________________ 200
____________ between M/s. __________________ (hereinafter called the Contractor)
(Refer note at Page A-35) which expression shall, where the context so admits or implies be
deemed to include his executors, administrators and the assignees) on one part and the
Mahanagar Telephone Nigam Ltd. herein after called the MTNL (which expression shall
where the context so admits or implies be deemed to include its successors in office and
assignees) on other part.
Whereas by an agreement No. _____________ dated _______________ (hereinafter called
the said agreement) the Contractor had agreed _________________ AND WHEREAS THE
Contractor has applied to the MTNL that he may be so allowed advances on the security of
materials absolutely belonging to him and brought by him to the site of the work, the subject
of the said agreement for use in the construction of such of the works as he has undertaken
to execute at rate fixed for the finished work (inclusive of the cost of materials and labour and
other charges) and whereas the MTNL has agreed to advance to the Contractor an amount
upto Rs. _____________ (Rupees ____________________________ only) on the security
of the quantities and other particulars of the materials on the security of which the advance
are made as detailed in the secured advance account forming part of the running account
bills prepared from time to time and signed by the Contractor for the said works.
NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in
consideration of amounts aggregating to the sum of Rs. ______________ (Rupees
____________________ only) on or after the execution these presents paid to the
Contractor by the MTNL (The receipt whereof the Contractor hereby acknowledges), the
Contractor does hereby covenant and agree with the MTNL and declare the follows :
1.     That the said sum aggregating to Rs. ______________ (Rupees ____________
       only) is advanced by the MTNL to the Contractor as aforesaid shall be employed by
       the Contractor in or towards expediting the execution of the said works and for no
       other purpose whatsoever.
2.     That the material detailed in the said running account bills which have been offered to
       and accepted by the MTNL as security are absolutely the Contractor‟s own property
       and free from encumbrances of any kind and the Contractor will not make any
       application for or receive a further advance on the security of materials which are not
       absolutely his own property and free from encumbrances of any kind and the
       Contractor hereby agrees to indemnify the MTNL against all claims to any materials
       in respect of which an advance has been made to him as aforesaid.
3.     That the materials detailed in the said running account bills (hereinafter called the
       said materials) shall be used by the Contractor solely for the execution of the said
       works in accordance with the directions of the Engineer-in-Charge and in terms of the
       said agreement.
4.     That the Contractor shall make at his own cost all the necessary and adequate
       arrangements for the proper watch, safe custody and protect against all risk of the
       said materials and that until used in construction as aforesaid the said materials shall
       remain at the site of the said works in the Contractor‟s custody and his own
       responsibility and shall at all times be open to inspection by the Engineer-in-Charge



Signature of Contractor                                          Signature of EE (C)
                                                                                            77

     and in the event of the said materials or any part thereof being stolen, destroyed, or
     damaged, the Contractor will forthwith replace the same with other materials of like
       quality, or repair and make good the same as required by the Engineer-in-Charge.
5.     That the said materials shall not on any account be removed from site of the said
       works except with the written permission of the Engineer-in-Charge or an officer
       authorized by him on that behalf.
6.     That the advance shall be repayable when or before the Contractor receives payment
       from the MTNL of the price payable to him of the said works under the terms and the
       provisions of the said agreement provided that if any intermediate payments are
       made to the Contractor on account of works done then on the occasion of each such
       payment the MTNL will be at liberty to make recovery from the Contractor‟s bills for
       such payments by deducting there from the value of the said materials that are
       actually used in the construction and in respect of which recovery has not been made
       previously, the value of this purpose being determined in respect of each description
       of materials at the rates at which the amount of the advances made under these
       present were calculated.
7.     That if the Contractor shall at any time make any default in the performance in any
       respect of any of the terms and provisions of the said agreement the total amount of
       the advance or advances that he may still be owing to the MTNL together with the
       interest thereon at ___% per annum from the date of respective dates of such
       advances to the date of repayment with all costs, charges, damages and expenses
       incurred by the MTNL in the recovery thereof or the enforcement of the security or
       otherwise by reason of the default of the Contractor shall become payable by the
       Contractor and the Contractor hereby covenants & agrees with the MTNL to repay
       and pay the same respectively to him accordingly.
8.     That the Contractor hereby gives charges of all the paid materials for the repayment
       to the MTNL of the said sum aggregating to Rs. _________ (Rupees
       ________________ only) and all costs, charges, damages and expenses payable
       under these present PROVIDED ALWAYS AND it is hereby agreed and declared that
       notwithstanding anything in the said agreement and without prejudice to the powers
       contained therein if and whether the money owing shall not be paid in accordance
       herewith then the MTNL may at any time thereafter adopt all or any of the following
       course as it may deem best.
       a)    Seize and utilize the said materials or any part thereof in the completion of the
             said works on behalf of the Contractor in accordance with the provisions in that
             behalf contained in the said agreement debiting the Contractor with the actual
             cost of affecting such completion and the amount due in respect of advances
             under these presents and crediting the Contractor with the value of the work
             done as if he had carried out in accordance with the said agreement and the
             rates thereby provided. If the balance is against the Contractor, he is to pay the
             same to the MTNL on demand.
       b)    Remove and sell by the public auction the seized materials or any part thereof
             and out of the moneys realizing from the sale, retain all the sums aforesaid
             repayable to the MTNL under these presents and pay over the surplus (if any)
             to the Contractor.
       c)    Deduct all or any part of the money owing out for the performance and/or
             Security Guarantee or any sums due to contractor under the said agreement.




Signature of Contractor                                        Signature of EE (C)
                                                                                          78

    9.       That in event of any conflict between the provisions of these presents and the
    said agreement the provisions of the said agreement shall prevail and in the event of
       any dispute/difference arising over the construction or affect of these presents the
       settlement of which has not been herein before expressly provided for, the same shall
       be referred to arbitration as provided in the said agreement.
       IN WITNESS WHEREOF M/s. __________________________________ and the
       MTNL by the order and under the direction of the MTNL herein to set their respective
       hands the day month and year first written above.


       Signed, Sealed and delivered by the Contractor in the presence of
Witness                                              Signature
      ____________________________
                                                     Name
       _______________________________
                                                     M/s.
       _________________________________
                                                     Address
       _____________________________


Signed, by the order and direction of the MTNL in presence of
Witness                                              Signature
      ____________________________
                                                     Name
       _______________________________
                                                     Executive Engineer (Civil / Electrical)
                                                     Address
       _____________________________




Signature of Contractor                                         Signature of EE (C)
                                                                                             79

                                        ANNEXURE - VI
                                   (Refer Clause No. 38.0)

                     PROFORMA FOR GUARANTEE IN RESPECT
                            OF WATER PROOFING WORKS

This agreement for the work of _____________ made this ____________ day of
__________ two thousand __________ between M/s. ___________ (Refer note Page A-35)
in the town of ____________ hereinafter called the Contractor on the one part and the
Mahanagar Telephone Nigam Limited hereinafter called the MTNL on the other part.

WHEREAS THIS AGREEMENT is supplementary to the Contract (hereinafter called the
Contract) dated ___________ and made between the Contractor on the one part and the
MTNL on the other part, where by the Contractor interalia, undertook to render the building
and the structure work in the said Contract rendered completely water and leakproof.

AND WHEREAS THE CONTRACTOR agreed to give a Guarantee to the effect that the said
structures will remain water and leak-proof for ten years from the date of completion of the
work.

Provided that the Contractor will not be responsible for leakage caused by earthquake or
structural defects or misuse of roof or alteration and for such purpose.

       a)    Misuse of roof shall mean any operation which will damage water proofing
             treatment, like chopping of fire wood and things of the same nature which might
             cause damage to the roof.

       b)    Alteration shall mean construction of an additional storey or a part of the roof or
             construction adjoining to existing roof whereby water proofing treatment is
             removed
             in part.

       c)    The decision of the Engineer-in-Charge with regard to cause of leakage shall
             be final.

During this period of Guarantee, the Contractor shall make good all defects and in case of
any defect being found, render the building waterproof to the satisfaction of the Engineer-in-
Charge at the Contractor‟s cost and shall commence the work for such rectification within
seven days from the date of issue of the notice from the Engineer-in-Charge calling upon him
to rectify the defects failing which the works shall be got done by the MTNL by some other
contractor at the Contractor‟s risk and cost. The decision of the Engineer-in-Charge as to the
cost payable by the Contractor shall be final and binding.

That if the Contractor fails to execute the water proofing or commits breach there under, then
the Contractor will indemnify the MTNL against all loss, damage, cost, expenses or
otherwise which may be incurred by MTNL by reason of any default on the part of the
Contractor in performance and observance of this supplementary agreement. As to the
amount of loss and/or damage and/or cost incurred, the decision of the Engineer-in-Charge
will be final and binding.




Signature of Contractor                                         Signature of EE (C)
                                                                                         80

      IN WITNESS WHEREOF M/s. _____________ and the MTNL by the order and under
      the direction of the MTNL herein to set their respective hands the day, month and year
first written above.

Signed, Sealed and delivered by the Contractor in presence of

Witness                                              Signature
      ____________________________

(i)                                                  Name
       _______________________________

(ii)                                                 M/s
       _________________________________

                                                     Address
       _____________________________

Signed by the order and direction of the MTNL in presence of

Witness                                              Signature
      ____________________________

(i)                                                  Name
       _______________________________

                                                     Executive Engineer

(ii)                                                 Address
       _____________________________



                                          NOTE

For Proprietary Concern

Shri ____________ s/o __________ r/o ___________ carrying on business under the name
and style of _____________ at ___________ (hereinafter called the said Contractor which
expression shall unless the context requires otherwise include his heirs, executors,
administrators and legal representatives.)

For Partnership Concern

M/s. _________ a partnership firm having its registered office at ________ (hereinafter
called the said Contractor which expression shall unless the context requires otherwise
include his heirs, executors, administrators and legal representatives), The partners of the
firms are :

i)

ii)

M/s ______________________________________________ a company duly incorporated
under the Indian Companies Act, 1956 and having its registered office at
________________________ in the state of _______________________ (hereinafter called


 Signature of Contractor                                        Signature of EE (C)
                                                                                 81

    the said Contractor which expression shall unless the context requires otherwise
    include its successors and assignees).




Signature of Contractor                                 Signature of EE (C)
                                                                                               82

                                              LETTER OF

                          SUBMISSION OF TENDER

                      GENERAL TERMS AND CONDITIONS
                        FOR CONTRACTS WITH MTNL
LETTER OF SUBMISSION OF TENDER

From :
-------------------------------------------
-------------------------------------------
-------------------------------------------
To :
The Executive Engineer,
-------------------------------------------
-------------------------------------------
-------------------------------------------
                Sub : INVITATION           TO            BID                           FOR
                      _____________________________________
                         _____________________________________________________
                         _____
                         _____________________________________________________
                         _____
Dear Sir,
1.0    Having examined the Tender Document consisting of the Notice inviting Tender,
       Instructions to Tenderer, Form of Tender and Conditions of Contract, Additional
       Conditions of Contract, Schedule of Quantities, Proforma for Registers, Proforma for
       Guarantee / Advances / Earnest Money etc., Specifications, Drawings, Time
       Schedule. Schedule of Rates and other documents and papers all as detailed in the
       Tender Document and having understood the provisions of the said tender
       documents and having thoroughly studies the requirements of MTNL relating to the
       work tendered for in connection with the project and having conducted a thorough
       study of the job site s), the site conditions, soil conditions, climatic conditions, labour,
       power, water, material and equipment availability and suitability of borrow area, the
       availability of land for right of way and temporary office and accommodation quarters
       and all other factors and facilities and thing whatsoever necessary or related to the
       formation of the tender and the performance of the work, I/We hereby submit our
       tender for the performance of the proposed work in accordance with the terms and
       conditions and within the time mentioned in the tender documents and at the rate(s)
       quoted by me/us in the schedule of quantities included within the Tender Documents.




Signature of Contractor                                           Signature of EE (C)
                                                                                            83

    2.0     It has been explained to me/us that the time stipulated for completion of the
    work in all respects shall be in accordance with the Time Period stipulated in the Notice
      Inviting Tender and is essence of Contract. I/We agree that in the case of my/our
      failure of to strictly observe the time of completion for jobs or any of them and to the
      final completion of the work in all respect according to the schedule set out in the said
      “Time Schedule”, I/We shall pay compensation to the MTNL as per provisions of the
      tender documents.
3.0   I/We hereby declare that I/We shall treat the tender documents drawings and other
      records connected with the works as secret / confidential documents and shall not
      communicate information derived there from to any person(s) other than a person to
      whom I/We/am/are authorized to communicate the same or use the information in
      any manner prejudicial to the safety of the same.
4.0     I/We have annexed the following documents to this tender :
        i)     Original tender documents including schedule of quantities as issued to me/us
               and duly signed by me/us
        ii)    Partnership Deed and Power of Attorney of the Signatory of the Tender
        iii)   _________________________________________
        iv)    _________________________________________
5.0     I/We hereby undertake that the statement made herein and the information given in
        the Annexures referred to above as well as in the application form submitted for
        purchase of tenders, are true in all respects and in the event of any such statement or
        information being found to be wrong, misrepresented or concealed, at any stage
        before or after the award of work, then I shall abide by the decision of the MTNL to
        take necessary as per provisions of the contract to avoid any resultant contract and to
        cancel the contract without claiming any compensation from the MTNL for any
        eventual direct / indirect loss suffered by the undersigned.
6.0     I/We confirm having deposited the Earnest Monet of Rs. __________
        (Rupees___________ ___________________________________________ only)
        as detailed hereunder (strike off whichever is not applicable).
6. (a) Demand draft No. ________________                Dated    ____________      drawn    on
       __________________
        _________ Bank ___________ Branch ______________________ attached hereof.
6 (b)   Deposit at Call Receipt No. _____________ Dated _____________ from bank
        ____________
        _________________ Branch made in favour of AO (CC), MTNL, New Delhi.
        Dated this _________________________ day of _______________ 199.



                                                                Yours Faithfully,
                                                                SIGNATURE         OF       THE
        TENDERER




Signature of Contractor                                         Signature of EE (C)
                                                                 84

     Signature of witness
     (Name in Block letters)



Address
                               Name & Designation of Authorised
       person
                                     signing the tender on behalf of
the tenderer.




Signature of Contractor              Signature of EE (C)
                                                                                     85

                                          Form “C”

Name of Work



Name of Tenderer

                        List of Sub-Contractors proposed to be deployed


S. No.       Type of Work                            Details of subcontractor
              Name              Address        Particulars



Signature of Tenderer




Signature of Contractor                                        Signature of EE (C)
                                                                                     86

                                       Form “D”

Name of Work



Name of Tendere



                             Proposed Site Organisation

The tenderer is to indicate the Proposed Site Organisation he proposes to set up for
execution of the work. It is understood that this will be augmented from time to time
depending on the requirements for timely completion of the work, as directed by the
Engineer-in-Charge. It shall include Bio-Data of site-in-charge and other key personnel.




                                                                 Signature of Tenderer




Signature of Contractor                                    Signature of EE (C)
                                                                                     87

                                           Form “E”

Name of Work

Name of Tenderer



                                 List of Documents Enclosed

The tenderer is required to enclose the following documents as part of his tender,
(i)     Power of Attorney of signatory of the Tender
(ii)    Solvency certificate from Scheduled Bank Guaranteed by RBI
(iii) Income Tax/Sales Clearance Certificate in the proforma prescribed by the Govt. of
India
(iv)
(v)
(vi)
(vii)




         Signature of Tenderer




Note : In the absence of Income Tax Clearance Certificate, Tenderer may not be awarded
the work tendered for as per Central Govt. Directives.


SPECIFICATIONS FOR CONDITIONS
1. GENERAL:



 Signature of Contractor                                       Signature of EE (C)
                                                                                               88


          The work shall in general conform to the C.P.W.D specification for works 1996 Vol.
I to Vol VI with correction slips issued upto the date of receipt of tender, Should there be
any difference between the specifications mentioned above and the specification given in the
schedule of quantities the later shall prevail.

1.0 EARTH WORK:

     The contractor shall, at his own expenses and without extra charges, make provision for
all shoring, pumping, dredging or bailing out water, encountered from any sources such as
rains, floods, springs, subsoil water table being high or due to any other cause whatsoever.
The foundation trenches shall be kept free from water while all the works below ground level
are in progress without any extra payment. One test to be carried out for 1000 Sq.m. of
compacted area.

    Filling in plinth shall be consolidated with water and compacted with pneumatic
rammer of 8 - 10 T rollers wherever possible and 5 T hand roller in inaccessible area
of bldg. to achieve 90% relative density on testing. One test to be carried out for
1000 Sqm. Of compacted area.

    Any surplus earth beyond the requirement of the MTNL shall have to be disposed
by the contractor as permitted by the local body and will be paid as per relevant item.
Fees royalties or any other levies etc. shall be borne by the contractor.

2.0   PLAIN CEMENT CONCRETE AND REINFORCED CEMENT CONCRETE
      WORK:-

STONE AGGREGATE:-

   Stone aggregate used in the work shall be of hard broken stone to be obtained from
approved source(quarries) to be approved by the Engineer in Charge and shall conform to
relevant provision in the C.P.W.D specifications for works 1996.

SAND :-

   Sand to be used for the work shall be of standard quality River Sand only. Sand shall be
obtained from the source to be got approved by the Engineer in charge and washed if
required with appropriate equipment to bring down the chemical, inorganic and organic
impurities within the permissible limits as per the direction of the Engineer in charge. The
same shall consist of hard siliceous materials. It should conform to clause 3.1.4.4(a) of
C.P.W.D. Specification 1996 for fine sand and clause 3.1.4 4(b) of C.P.W.D. Specification
1996 for coarse sand.
  NOTE :- Where only one variety of sand is available, the sand will be sieved for use in
           finishing work as directed by the Engineer-In-Charge in order to obtain smooth
           surface and nothing extra will be paid on this account.

           Nothing extra shall be paid for screening or washing the sand as prescribed
           above.




Signature of Contractor                                          Signature of EE (C)
                                                                                                   89

     CENTRING SHUTTERING AND SCAFFOLDING :-

   All scaffolding, centring for R.C.C. shall be with properly designed system which shall be
got approved from Engineer in Charge, and brought to site well in advance so that the
progress of the work is not hampered for non availability of the same. All props and bracing
for centring, shuttering shall be made of M.S. Pipes or wooden ballies of required diameter.

   All shuttering for R.C.C. work except soffits of slab shall be in water proof shuttering ply.
Shuttering for slab and soffits shall be water proof shuttering ply or in good quality mild
steel plates free of dents, bents or warping and rusting as approved by the Engineer in
charge.

   Contractor should deploy complete one set of shuttering materials for minimum one
complete floor and the shuttering materials for beam bottom shall be minimum for two
complete floors.


READY MIXED CONCRETE (RMC)

a) The concrete shall be transported to the site in specially made Transit Mixers & shall
    have suitable retarders so that it should not set before its placing in position. The
    concrete shall have 0.45 water/cement ratio (maximum) with minimum cement content
    @ 385kgs./Cu.m. for M25 grade in super structure and 400 kg/cum, for pile foundation.
    The minimum 7 days compressive strength of concrete tubes shall be 235 kgs./Sq.cm. It
    should have sufficient flow so that at height the concrete shall be placed by pumping
    only.

b) Each Transit Mixer reaching site shall invariably have manufacturer‟s certificate
    containing details like name of manufacture, Truck No., Grade of mix, time of leaving the
    plant, time of reaching at site etc. A copy of the same shall be handed over to E-in-C or
    his authorised representative.

c) However samples for testing etc. shall be taken as per the mandatory tests prescribed in
    CPWD specifications 1996.

d) The water will be tested with regard to its suitability for use in RCC work and nothing
    extra will be paid for on this account.

e) Ready mixed concrete shall be obtained from one of the suppliers mentioned in the
    approved list attached with this document.

3.00 BRICK WORK:-
   Bricks used in the work shall be FPS to be obtained from kilns to be got approved from
the Engineer in Charge and shall be best quality well burnt ground moulded bricks as
available in the locality. They shall have a compressive strength of not less than 35
Kgs/Sq.cm and an absorption percentage of not more than 20 (Twenty) of its dry weight
when immersed in water for 24 hours. In all other respects they shall conform, to the
provisions in C.P.W.D. specifications for works 1996.

   Both the face of wall of thickness more than 23 cm shall be kept in the proper plane.
Walls of half brick thickness or less shall be measured separately and paid in Sqm . Half
brick thickness shall be taken as 115 mm Bricks walls beyond half brick thickness measured



Signature of Contractor                                            Signature of EE (C)
                                                                                                           90

     in multiple of half brick (i.e. 115mm) which shall be deemed to be inclusive of mortar
     joints. In all other respects they shall conform to the provision in C.P.W.D. Specification
1996.

   To receive anchor bolt/foundation bolts for Machines to be installed at later date, pockets
of size minimum 110 x 100 x 300 mm shall be kept while concreting of R.C.C. / C. C.
members and shall be filled with C.C. 1:1:2 with plasticiser and as per the direction of
Engineer in charge.


4.00 STONE WORK:-

   Stone used for stones masonry work shall be hard granite/basalt/quartz stone/sand stone
to be obtained from quarries to be got approved from the Engineer in Charge and shall
conform to the relevant provision in the C.P.W.D. specifications for works 1996.


5.00 WOOD WORK:-

Timber required for manufacture of chowkhats and shutters for doors, windows, ventilators,
partitions etc. in the work shall be kiln seasoned. The moisture contents of the wood used in
the work shall not be more than that stipulated in relevant clauses of C.P.W.D. specifications
for works 1996. The rate quoted for various items shall be inclusive of kiln seasoning and
preservative treatment of wood. In all other respects the wood used in the work shall
conform to the provision in C.P.W.D. Specification for works 1996.

Permissible tolerance on wood work shall be as under :-

a) Door frames of +3.0 mm, or – 2.0 mm.
b) Door shutters
    i) On width and height of +3.0 mm.
    ii) On thickness of +1.20mm.

    Transparent sheet glass (float glass) conforming to IS 1761-1970 shall be used. Minimum
thickness shall be governed as under unless otherwise specified in the Item.

--------------------------------------------------------------------------------------------------------
Area of glazing                                 Max Unsupported length                  Thickness
--------------------------------------------------------------------------------------------------------
For glazing area upto 0.5 sqm                            120 cm                           4.0 mm

For glazing area more than 0.5 sqm                      120 cm                            5.5 mm
--------------------------------------------------------------------------------------------------------

Glazing for toilets and in fixed ventilators shall be of frosted type.


6.0 STEEL WORK

   All steel doors, steel windows, steel ventilators, steel grill shall be according to the
Architect‟s detailed drawings and obtained from approved suppliers. These shall conform to




Signature of Contractor                                                        Signature of EE (C)
                                                                                                  91

      C.P.W.D specifications for works 1996 in the case of composite steel windows the rates
      shall include the cost of coupling mullions and transom etc.

    In the case of steel windows and doors, steel glazing, steel ventilators, rolling shutters,
grills etc. and approved quality priming coat of zinc chromate shall be applied over and above
a shop coat of primer. Nothing extra shall be payable for providing shop coat primer, but the
zinc chromate primer will be paid for separately.

   All welded steel works shall be confirming for quality of weld as laid in IS 822-1970.

    All steel windows, steel ventilators, steel glazing, shall be hot dipped galvanised and
thickness for galvanising shall conform to the C.P.W.D Specification for works 1996 and as
per relevant IS.

7.0 FLOORING

Terrazzo and Ceramic tiles to be used on the work shall be brought at site well in advance
and samples sent to laboratory for testing as per provision in C.P.W.D Specifications for
works 1996.




ABRASION TEST FOR TERRAZZO TILES:-

    When the terrazzo tiles are tested in the manner specified in C.P.W.D. specification for
works 1996 their average wear shall not exceed 3.5 mm and wear on any individual
specimen shall not exceed 4.00mm.

         The floor of technical rooms on the building shall laid in such a way that limits in
floor levels would not be exceeded as follows.

       The levels at any place when checked over a distance of one meters in any direction
would not show variation in floor level in excess of 3 mm.

       The levels when checked over a distance of 4 meters in any direction shall not
exceed 5 mm.

       The maximum permissible variation in the levels at any two points more than 4
meters away in any direction in the same room shall not be less than 8 mm.

8.0   SAMPLE OF MATERIALS:-

   Samples of all materials fittings and fixtures to be used in the work such as doors,
windows, terrazzo tiles, sanitary, water supply, drainage fittings and fixtures shall be
submitted well in advance and got approved from the Engineer-In-Charge of work in writing
before placing orders for the entire quantity required for completion of work.

   Within Three months from the date of award of work, sample, complete in all respect of
typical portion of works of repetitive nature such as typical room, toilet room, or any other
work desired by the Engineer-in-Charge shall be prepared by the contractor under the




Signature of Contractor                                            Signature of EE (C)
                                                                                                 92

       direction and to the satisfaction of the Engineer-In-Charge and got approved from him
       in writing before the commencement of these items for the entire work.

    The work shall be so arranged to be carried out that the requirements for preparation of
samples are observed and fulfilled without any detriment to the general progress of work. In
other words, this will not be allowed to have any effects on the general progress of work or
on any of the terms and conditions of the contract. No claims of any
 kind whatsoever including the claims of extension of time will be entertained due to the
incorporation of this requirements. Wherever required equivalents for the various materials
and material of approved make shall be got approved from the Engineer-In-Charge of work
in writing before using them on the work.


9.0    TESTS:-

   Materials brought at site of work shall not be used in the work before getting satisfactory
test results, some of the important test which are enumerated in the Annexure I are
enclosed. For details relevant provision in C.P.W.D. Specifications for works 1996 shall be
applied. Normally, part rate payment shall be allowed in the running account bills only if the
materials conforming to C.P.W.D. Specifications for works 1996 are tested and test results
are found to be satisfactory by the Engineer-in-charge.

    The Engineer-In-Charge of work shall check the test result and satisfy himself before
allowing any payment in the running / final bill.


10.0     CONDITION REGARDING THE PAYMENT OF WATER CHAREGES  IN
        CONNECTION       WITH THE          WATER USED FOR THE
        CONSTRUCTION       PURPOSE AND FOR DRINKING PURPOSE OF
        CONTRACTOR’S LABOURS RESIDING ON SITE OF WORK.

   Both the water charges (if any) incidents to water used by the contractor for construction
purpose and for the drinking purpose for his labours residing on site of work shall be borne
by the contractor/agency under the following cases:-

a) In case of temporary water connections from municipal mains:-

   Water charges (including the water used for construction purpose and drinking purpose of
the contractor‟s labours) have to be borne by the contractor/agency.

b) Water used from other sources:-

   Prior permission for using the water for construction purpose and drinking purpose of the
contractor‟s labours has to be obtained from Municipal Corporation / local body by the
contractor / agency. Water charges if any and other charges for use of water from other
sources for construction purposes / for drinking purposes of the contractor‟s labours have to
be borne by the contractor / agency.

    Any infringement and/or breach of the above specifications and conditions etc. shall
render the contractor liable to action under various clauses of the contract and such actions
stipulated in the conditions therein.

11.0 WATER PROOFING TREATMENT



Signature of Contractor                                          Signature of EE (C)
                                                                                                    93


      All the items for water proofing treatment with cement based water proofing treatment
for roof slab and sunken portion in schedule of quantities shall be guaranteed for ten years in
the case of cement based treatment by the tendering contractor as per proforma prescribed.
The waterproofing treatment work should be got done through an approved specialized
agency.

SPECIFICATION FOR INTEGRAL CEMENT BASED                                WATER       PROOFING
TREATMENT FOR SUNKEN FLOORS OF W.C’S ETC.

   The brickbats used on the work shall be from well brunt bricks. The proprietary water
proofing compound shall conform to I.S 2645-1975 in cement based water proofing
treatment, stone aggregate shall be used instead of brick aggregate without any extra cost
whatever required by the Engineer-in-Charge.

The finished surface after water proofing treatment shall have required slope.

   While treatment of sunken floors is done, it shall be ensured that the „S‟ or „P‟ traps as the
case may be have been fixed/eased and rounded off properly.

   MEASUREMENT:- Clear measurement from wall to wall only shall be measured for
payment. No deduction in measurements shall be made for either opening or races for „P‟ or
“S” traps and the likes for areas upto 0.40 sq.m and nothing extra shall be paid for forming
such opening.     For similar areas exceeding 0.40 sq.m. deduction will be made in
measurement for full opening and nothing extra shall be paid for making such openings.

The measurement for finished water proofing treatment for side wall shall be measured
beyond the initial height of 100 mm for the payment.

   GUARANTEE: The above water proofing treatment shall be guaranteed for ten years
against any leakage etc.


SPECIFICATION FOR INTEGRAL CEMENT                           BASED      WATER       PROOFING
TREATMENT FOR ROOF SURFACES:-

   The brickbats used on the work shall be well burnt bricks. The proprietary water proofing
compound shall conform to I.S. 2645 - 1975. In case the stone aggregate shall be needed
instead of brick aggregate the same shall be used without any extra cost wherever required
by the Engineer-in-Charge.

   The finished surface after water proofing treatment shall have a minimum slope of 1 in
70. However in general minimum thickness of the treatment shall not be less than 65 mm.

   While treatment of roof surface is done. It shall be ensured that the outlet drain pipes
have been fixed and mouth at the entrance have been eased and rounded off properly for
easy flow of water.

   The surface where the water proofing is to be done shall be thoroughly cleaned with wire
brushes. All loose scales shall be removed and dusted off and applied with coat of neat
cement slurry @2.75 kg/sq. meter admixed with proprietary water proofing compound, to
penetrate into crevices and fill up all the porosity‟s in the surface.




Signature of Contractor                                             Signature of EE (C)
                                                                                                   94

        After the slurry coat is laid, layer of well burnt bricks bats shall be laid in cement
     mortar 1:5 (1 cement : 5 sand) for mix as specified by the specialist firm) admixed
with proprietary water proofing compound to required gradient and joints filled to half the
depth. The brick bat layer shall be rounded at the junction with parapets etc. and tapered
towards top for a height of 300mm.Curing of this layer shall be done for 3 days.

  After for curing the surface shall be applied with coat of cement slurry @ 4.4. kg. per sq.
meter admixed with proprietary water proofing compound.

    Joints of brickbat layer shall be filled fully with cement mortar 1:4 (1 cement : 4 sand) or
in mix as specified by specialist firm admixed with proprietary water proofing compound and
finally top finished with average 20mm thick layer of same mortar including finishing the
surface smooth with cement slurry @ 4.4 kg. per sq. meter admixed with proprietary water
proofing compound. The final surface shall have marking of 300mmx300mm false squares to
give the appearance of tiles.

Curing of water proofing treatment shall be done for a minimum period of fifteen days

   MEASUREMENT:- Clear measurements from wall to wall only shall be measured for
payment. No deduction on measurements shall be made for either openings or recess for
chimney stacks, roof lights and the likes for areas up to 0.40 sq.m. and nothing extra shall be
paid for forming such openings. For similar areas exceeding 0.40 sq.m. deductions will be
made in measurements for full openings and nothing extra shall be paid for making such
opening.

   RATE :-The rate shall include the cost of all labour and materials involved in all the
operations described above.

GUARANTEE:- The above water proofing treatment shall be guaranteed for ten years against
any leakage etc., in the prescribed proforma.


BOX TYPE WATER PROOFING TREATMENT FOR BASEMENT/UNDERGROUND
WATER TANK :


Below raft slab

   The stone slabs shall be of Shahabad. They shall be of selected quality, hard sound,
durable and though free from cracks, decay, weathering and flaws. The edges shall be
chisel dressed and the angles shall be square. Before execution of the work the contractor
shall get the samples of slab approved from the Engineer-in-Charge.

   The proprietary water proofing compound shall conform to I.S. 2675-1975.

   The surface where the water proofing treatment is to be done shall be cleaned thoroughly
and wetted with water before laying the treatment.

    Cement mortar 1:3 (1 cement : 3 sand) or in mix specified by the specialist firm admixed
with proprietary water proofing compound shall be laid to uniform thickness of 20 mm and
20 mm nominal size stone chips shall be embedded in the mortar layer at random.




Signature of Contractor                                            Signature of EE (C)
                                                                                                    95

         After this, another 20 mm layer of the cement mortar of the same mix mentioned
      above shall be laid. Over this cement mortar layer, 15 mm to 20 mm thick stone slabs
shall be laid with joints, 15 mm to 20 mm wide and grouted properly and jointed with cement
slurry @ 4.4 kg. per sq. meter admixed with proprietary water proofing compound.

   A layer of 15 mm to 20 mm thick rough coat of plaster in cement mortar 1:3(1 cement:3
sand) or in mix specified by the specialist firm admixed with proprietary water proofing
compound shall be laid and trowel finished.

   25 mm dia G.I pipe of required length shall be provided as pressure releasing pipes
wherever required and at required intervals. These pipes shall be grouted with cement slurry
@4.4 kg. per sq. meter admixed with proprietary water proofing compound after the
foundation of the building is laid.

   Curing of water proofing treatment shall be done for a minimum period of 7 days.

   MEASUREMENT:- Length and breadth shall be measured correct to a cm and its areas
shall be calculated in square meters correct to two places of decimals.

   RATE:- The rate shall include the cost of all labours and materials involved in all
operations described above.

GUARANTEE:- The above water proofing treatment shall be guaranteed for ten years against
any leakage etc., in the prescribed proforma.




For retaining walls:-

The stone slab shall be of Shahabad stone as mentioned as above. The surface of retaining
walls footings columns etc. shall be hacked and shall be cleaned thoroughly and wetted
before the water proofing treatment is applied. 15 mm to 20 mm thick stone slab buttered
with stiff cement paste minimum at the rate of 4.4. kg. thick stone slab buttered with stiff
cement paste minimum at the rate of 4.4. kg. per sq. m admixed with proprietary water
proofing compound shall be laid leaving a gap of 10 mm to 15 mm between the external
face of R.C.C wall etc. and internal face for the stone slab and joints of slabs well filled with
the same stiff cement paste. After the stone facing is set, the gap between the wall and
stone layer shall be filled with cement grout made of cement slurry @ 4.4 kg. per sq. meter
and proprietary water proofing compound as per specialists specifications. Over this stone
layer a coat of cement plaster in cement mortar 1:4 (1 cement : 4 sand) or in mix specified
by the specialist firm admixed with proprietary water proofing compound shall be applied to
an average thickness shall be done for a minimum period of 7 days.

   MEASURMENTS:- Length and breadth shall be measured correct to a cm and its area
shall be calculated in square meters correct to two places of decimals.

   RATE:- The rate shall include the cost of all labour and materials involved in all the
operations described above. In case super sulphate or other specialized cement are required
for basement slab and retaining walls same shall be used for water proofing treatment also.

   GUARANTEE:- The above water proofing treatment shall be guaranteed for ten years
against any leakage in the prescribed proforma.



Signature of Contractor                                             Signature of EE (C)
                                                                                                   96


     12.0    WATER SUPPLY/SANITARY INSTALLATION:-

i) Sanitary fittings and other materials shall be obtained from one of the firms on the list of
    approved manufacturers of MTNL or shall bear I.S.I mark.

    The materials shall be tested as per provision in relevant I.S.I codes. The contractors
    rates for items involving the use of the above materials shall be deemed to cover the
    cost of samples.

ii) The SCI pipe G.I pipe wherever necessary shall be fixed to R.C.C columns, beams etc.
    with rawl plugs and nothing extra shall be paid for this.

iii) The contractor shall be responsible for the protection of the sanitary and water supply
    fittings and other fittings and fixtures against pilferage and breakage during the period of
    installation and there after until the building is handed over.

iv) Water tanks, taps, pipes fittings and accessories should also conform to bye law and
    specification of the Municipal bodies corporations etc. The contractor should engage
    licensed plumbers for the work and get material (Fixtures fittings) tested by the Municipal
    bodies/corporation authorities wherever required, at his own cost, the work shall be
    carried out according to the Municipal bye laws.


13.0 VARIATION IN CONSUMPTION OF MATERIALS:-

   The variation in consumption of material shall be governed as per C.P.W.D specification
and clauses of the contract to the extent applicable.



14.0 MISCELLANEOUS:-

   Materials manufactured by reputed firms and approved by the Engineer-in-Charge shall
only be used. Only articles classified as “First quality” by the manufacturers shall be used
unless other wise specified. Preference shall be given to those articles which bear ISI
certification marks. In case articles bearing ISI certification marks are not available the
quality of samples brought by the contractor shall be judged by the standards laid down in
the relevant C.P.W.D specifications 1996. For items not covered by C.P.W.D specifications
1996 relevant ISI standards shall apply.




15.0 CEMENT CONCRETE BLOCK MASONRY :-

        Cement concrete blocks used in the work shall be pre-cast hollow or solid blocks of
best quality, sound and free from cracks or other defects, free of chips and shall be conform
to IS 2185 for solid blocks or IS 2572 for hollow blocks.




Signature of Contractor                                            Signature of EE (C)
                                                                                                97

            Nominal size of blocks shall be 400 x 150 x 300 or 400 x 150 x 200 mm or as
     approved by the Engineer-in-Charge. Maximum variation in the dimention are as under
:-

Variation in length      + 5 mm           - 10 mm

Variation height         + 3 mm          - 10 mm

       All additives or admixtures used in the manufacturing of the C.C. blocks shall
conform to IS 9103 and be of melamine polymer based material and as approved by the
Engineer-in-Charge.

        C.C. blocks shall be manufactured in automatic/semi automatic movable „egg laying‟
type machine as approved by the Engineer-in-Charge and shall be kept wet for 14 ways in
curing tank and shall be dried for a period of 4 weeks before use in the works.

        C.C. blocks shall be tested as per Appendix A to F of IS 2185 (Part-I) for
measurements of dimensions as well as for determination of bulk density, compressive
strength, absorption, drying shrinkage and moisture movement for testing C.C. blocks, a
sample of 20 nos. of blocks from every consignment of 5000 blocks or part there of for same
size and same batch of manufacture shall be taken.

        All 20 nos. of blocks shall be tested for dimension check, out of 20 nos. of blocks 3
nos. shall be tested for density, 3 nos. for water absorption, 3 nos. for drying shrinkage, 8
nos. for compressive strength and remaining 3 blocks shall be reserved for retest if need
arises.

       Drying shrinkage shall not exceed 0.10%.         For water absorption mean value
determined shall not be more than 10% by mass.

        Dimension, Block density and compressive strength shall be greater than or equal to
the minimum limits specified in table 2 of IS 2185 (Part-I).

         Laying of C.C. blocks shall be as per the manufacturer‟s specifications, however all
blocks abutting concrete columns or walls shall be bonded toi the same at every alternate
course of blocks with 6 mm dia, 250 mm long galvanized M.S. dowels or G.I. butterfly ties
installed in the concrete columns while casting.




Signature of Contractor                                          Signature of EE (C)
                                                                                                   98

             SPECIAL CONDITIONS/ADDITIONAL SPECIFICATIONS

1) The contractor shall submit within 30 days of the date of award of the work, a bar chart
to the Engineer in Charge indicating the duration of various subheads of the work which shall
be within the frame work of overall proportionate progress if so required and the work shall
be executed as per the program approved by the Engineer n Charge.

2)    Unless otherwise specified in the schedule of quantities, the rates tendered by the
contractor shall be all inclusive and shall apply to all heights, lifts, leads, and depth of the
building and nothing extra shall be payable to him on this account.

3) No compensation whatsoever shall be payable to the contractor for any damage by rains,
lightening, wind, storm, floods, tornadoes, earthquakes, or any other natural calamities
during execution of work. He will make good all such damages at his own cost and no claim
on this account will be entertained.

4) The contractor shall execute the work in co-ordination with other agencies who will also
simultaneously execute the components of work allotted to them such as electrification,
horticulture, external services, and other building works. The contractor shall leave such
necessary holes opening etc. for laying/burying in the work pipes, cables, conduits, clamps,
boxes and hooks for fan clamps etc. as may be required for the electric and sanitary works
etc. and nothing extra shall be paid for the same.

5)    Before commencement of the work, the contractor shall obtain approval of the
Engineer-in-Charge regarding the location of cement godown, steel stacking and fabrication
yard, site office and shall from time to time take instructions from the Engineer-in-Charge
regarding collection and stacking of materials at the site. No excavated earth or building
materials shall be stacked or areas where other buildings, roads, services or compound wall
or any other structure are to be constructed.

6) Some restrictions may be imposed by the Department or its security staff etc. as the
working and /or movement of labour, materials etc. The contractor shall be bound to follow
all such restrictions/instructions and nothing extra shall be payable on this account.

7) The contractor shall take all precautions to avoid accidents by exhibiting necessary
caution such as day and night specification boards, red flags, red lights and providing
barriers. He shall be responsible for all damages and accidents caused due to negligence on
his part. No hindrance shall be caused to traffic during the execution of work.

8) The Contractor shall give performance test of the entire work as per standard
specifications before the work is finally accepted and nothing extra whatsoever shall be
payable to the contractor for the tests.

9) All operations required for continuing concrete work at the construction joints 0f better
bond are deemed to be included in the rates of the relevant items and nothing extra shall be
payable on this account.

10)      The royalty at the prevalent rates whenever payable shall have to be borne by the
Contractor on the boulders, metal, shingle, sand and bajri etc. or any other materials
collected by him for the work direct to the revenue authority of the District/ State
Government concerned and nothing extra shall be payable on this account.




Signature of Contractor                                            Signature of EE (C)
                                                                                                99
     11) The rates of all items of work, shall, unless clearly specified otherwise include cost of all labour,
materials and all other inputs required in the execution of the item, including octroi, sales tax and any other
taxes.

12) In case of items for which abbreviated nomenclature is not available in the above cited publication and
also in case of Extra and substituted items of work for which abbreviated nomenclature is not provided in the
agreement, the full nomenclature of item shall be reproduced in the measurement books and bill forms for
running account bills.

13) The contractor shall maintain in perfect condition all works executed till the completion of the entire work
allotted to him. Where phased handing over of completed portion of the work is required by the Engineer-in-
charge the provisions mentioned in the above para will apply to each phase.

14) The contractor is permitted to erect the huts for labour etc. at the site of work, in such a manner that it
shall not affect the construction activities. Decision of the Engineer-in-charge shall be final for the place and
locations for the same.

15) In case the contractor is not permitted to erect the huts for labour at the site of work, the contractor will
have to make his own arrangement to provide such accommodation elsewhere and nothing extra shall be paid
for this.

16) The contractor must see the site of the work, its approaches carefully before tendering, No claim of any
sort shall be entertained on account of any site conditions. If any approach from main road is required or
existing approach is to be improved and maintained, for cartage and materials by the contractor, the same
shall be provided, improved and maintained by him at his own cost.

17) The rates for all items of work wherein cement is used is inclusive of charges for curing.

18) The work shall be carried out in such a manner that whole work upto plinth level is   completed in first
stage. Work beyond plinth shall be carried out after receipt of commencement certificate beyond plinth from
local municipal authorities.

(B) CONDITIONS FOR RECEIPT AND STORAGE OF MATERIALS :-
i) Cement bags shall be stored in separate godowns to be constructed by Contractor at his own cost as per
    sketch at page 45 of C.P.W.D. specifications 1996 Vol. I to VI with weather proof roofs and walls. Each
    godown shall be provided with a single door with two locks. The keys of one lock shall remain with the
    authorised representatives and that of the other lock with the authorised agent of the contractor at the
    site of work so that the cement is removed from the godown according to the daily requirement with the
    knowledge of both the parties.

ii) The contractor shall be fully responsible for the safe custody of the materials brought by him even if the
    materials are under double lock system.

iii) The contractor shall construct suitable godowns - yards at the location of the site of work duly approved
    by the Engineer-in charge or his authorised representative for storing all other materials so as to be safe
    against damage by sun, rain, dampness, fire, theft etc. at his own cost and also employ necessary watch
    and ward establishment at his own cost. Materials to be charged directly to work and stipulated for issue
    free of cost shall also be issued to contractor soon as they are

    received at site or at the stipulated place of issue and provisions of this clause will equally and fully be
    applicable to these items as well.

iv) Measurement of reinforcement shall be as per procedure described below.




Signature of Contractor                                            Signature of EE (C)
                                                                                                                  100
           Tor/M.S./C.R.S. steel bar of diameter above 10 mm will be regulated on linear basis converted into
weight calculated with the help of the table given in Table 4 on page 71 CPWD Specifications 1996 Vol. I to VI
which is reproduced below.
------------------------------------------------------------------------------------------------------------------------
     Size                    Weight                             Size                             Weight
 (Diameter)                    Kg/M                         (Diameter)                              Kg/M
     mm
------------------------------------------------------------------------------------------------------------------------
       6                       0.222                              25                               3.850
       8                        0.395                            28                                4.830
      10                       0.617                              32                                6.310
      12                       0.888                              36                               7.990
      16                       1.580                             40                                9.850
      18                       2.000                             45                               12.500
      20                       2.470                             50                               15.420
      22                      2.980

(v) The actual average sectional weight for each dia of 10mm and below shall be arrived at from each samples
       taken from each lot of steel. The discretion of the Engineer-in-Charge shall be final for the procedure to be
       followed for determining the average sectional weight of each lot. Quantity of each diameter of steel received
       at site of work each day will constitute the single lot for this purpose.

(vi) The weight of each lot of a particular diameter of 10mm and below shall be reckoned as the weight as per
       actual issue multiplied by a factor equal to the standard sectional weight of the particular diameter (tabulated
       above) divided by the average sectional weight of the particular dia in a particular lot worked out as per para B
       (iv) above.

(vii) Measurement of all diameters of steel shall be taken on linear basis and will be converted into weight on the
       basis of standard sectional weight coefficients reproduced above.

(viii) M.S./Tor/C.R.S. Steel bar brought in length, shape and sizes as available in the market. No claim on this
       account shall be entertained. Nothing extra, will be paid for “Straightening of bars” received from market in
       coils or with bends. All incidental charges of any kind whatsoever including cartage, storage, safe custody of
       materials, cutting and wastage etc. shall not be paid to him on this account.

(ix)     The contractor shall maintain and render proper account of all materials brought by him to the site
        consumed by him on the work and balance if any.


C) TESTING OF MATERIALS :-

i) Samples of various materials required for testing shall be provided free of charges by the contractor. Testing
       charges if any, shall be borne by the Department. All other expenditure required to be incurred like
       conveyance for taking the samples for testing at the laboratory, packing etc. shall be borne by the contractor
       himself. If the test results do not conform to the specifications and standards laid down and the materials are
       rejected on this account the testing charges shall be recovered from the contractor. The place of testing of
       samples shall be decided by the Engineer-in-charge, whose decision shall be final and binding.

ii) The contractor shall be responsible to arrange at his own cost all necessary tools and plants required for
       execution of the work. The contractor shall provide at his own cost suitable weighing and measuring
       arrangement at site for checking the weight/dimensions as may be necessary for execution of work.


      Material brought at site of work shall not be used in the work before getting satisfactory test result.
   Some of the Important Mandatory tests are enumerated in the Annexure I. For details, relevant provision
   in the C.P.W.D. Specification 1996 for works shall be referred,



Signature of Contractor                                              Signature of EE (C)
                                                                                                 101

(D) SECURED ADVANCE :

MATERIALS BROUGHT TO SITE AGAINST WHICH ADVANCE CAN BE GRANTED AS PER C.P.W.D. MANUAL II.

                                                 CATEGORY ‘A’

                             [Items against which secured advance can be granted]

    1)   Bricks, Stone and stone Aggregate, Stone, finished product of brass iron, or steel such as doors and
         windows frames, wire mesh gate, G.I. Sheets etc. Pre cast R.C.C. products, such as pipes, jali, water
         storage tanks, doors and windows fittings, pipe and sanitary fittings, of C.I. S.C.I. and H.C.I.


CATEGORY ‘B’

(Items against which secured advance can be granted after obtaining insurance cover)

    1. Glazed tiles, terrazzo tiles, and similar articles, marble slab, asbestos, cement products, finished timber
           product such as doors, windows, flush doors, particle boards, (subject to mandatory tests being
           satisfactory) etc. Bitumen in sealed drums, bitumen felts, polythene pipes and fittings, sanitary
           fittings, and pipes of S.W. Porcelain and chinaware materials, limited / safety, one way vision, and
           bullet proof glasses, chemicals required for anti termite treatment (in sealed drums) paints,
           varnishes, distemper, pigments, spirit etc.


                                                 CATEGORY ‘C’

                     (Items against which no secured advance should be granted)

    1. Glass products other than those indicated in category B, sand moorum, chemical compound other than
         those under category B.

Secured advance on materials which are admissible as per detailed above and brought to site for use in the
work shall be paid only after.

    1. Receipt of satisfactory test result from the laboratory.
    2. Engineer-in-charge has personally verified that the materials brought at site of work for use in the work
         conforms to the samples approved by him.


(E) CONDITION REGARDING THE PAYMENT OF WATER CHARGES ETC.

   The contractor shall make his own arrangement for water. All water charges levied by the local bodies /
concerned authorities for the construction shall be borne by the contractor and the Department shall not bear
any liability on this account.

( F) INTEGRAL CEMENT BASED WATERPROOFING FINISHING



In case of Integral Cement Based water proofing works, if any defects is noticed during the guarantee period, it
shall be rectified by the contractor within seven days after the issue of
the notice in writing by the Engineer-in-charge and if not attended to, the same will be got done from another
agency at the risk and cost of the contractor.




Signature of Contractor                                             Signature of EE (C)
                                                                                               102
     (G) Any infringement and/or breach of the above specifications and conditions etc. shall render the
contractor liable to action under various clauses of the contract and such action as stipulated in the conditions
therein




                                List of approved Manufacturers / Agencies

Services / Materials to be obtained/consumed on the work shall be of the following
agencies/manufacturers. In case the required material/services is not available or the
materials/services is available with the manufacturers/services mentioned below are not up to
the mark(Decision of the Engineer in charge in this regard shall be final and finding), the
contractor shall obtain material;/services from the manufactures/agencies approved by the E-in-
C in writing.

 Sl. Materials                                           Manufacturers
 No.
 1   Ready mixed concrete                    Unitech Prefab Ltd., L&T, ACC,
                                             RMC India Ltd. Tarmac.
 2      Ordinary Portiant cement(Minimum Larsen & Toubro, Ambuja,
        43 grade)                            Vikram,        ACC,        Rajashree,
                                             Manikgarh, Vasavdatta
 3      Reinforcement/structural steel (Each SAIL, TISCO, RINL or BIS
        lot     shall      accompany     the approved manufacturer.
        manufacturer’s test certificate
 4      Stainless Steel                      Salem steel or as approved by E-
                                             in-C
 5      White cement                         J.K. White cement, Birla white
 6      Sand                                 Only river sand after approval of
                                             the sample
 7      Bricks, Stone slabs, lime, neeru     Sample to be got approved before
                                             use.
 8      Terazo title/Chequered tiles         Nitco, Bharat, Automatic
 9      Flush doors, Plywood products, block Mysore boards, Indian plywood
        board, particle board                manufacturers, Kit ply brand,
                                             Kutty flush Doors or any BIS
                                             approved branch.
 10     Fire doors                           Viper, Brand of Navier Int. Ltd.
                                             Kutty Brand.
 11     Aluminium fittings                   Earl Bihari, Shalimar, Crown,
                                             Classic.
 12     Hydralic floor springs               Everite, Garnish.
 13     Aluminium extruded sections          Jindal, Hindalco, Indalco or as
                                             approved by Engineer-in-Charge.
 14     Rolling shutters & grills            Swastik, standard, Dina
 15     Aluminium doors and windows          Crystal, Ajit India, Jupiter Alumilite
 16     Aluminium Grills                     Decogrille or as approved by E-in-
                                             C.
 17     Paints and distempers                Jenson & Nicholson, Asian, ICI



Signature of Contractor                                            Signature of EE (C)
                                                                            103
                                                  Nerolac.

     18   Glazing                               Float glass of Modi guard or TATA
                                                make Saint Gobasin or equivalent
                                                as approved by Engineer-in-
                                                Charge
     19   Water proofing works                  India water proofing, Modrn water
                                                proofing, Lik proof, B.K. Sharma
                                                Co. Construction water proofing
                                                Co. All India water proofing co.
     20   Hydraulic door closers                Eari Bihari, Yale Sterling.
     21   Ironmongeries and Brass fittings      Jiranna, CIEF, Shalimar or
                                                Amarbhai Dosa
     22   Water proofing paints                 Snowcem India, ICI Nerolac
     23   Granamite & ceramic tiles             As approved by E-in-C.
     24   Super plasticizer                     CICO, Me Bauchemic(India Ltd),
                                                Roffe Construction chemicals,
                                                Pidilite Ind. Ltd.
     25   Cast iron pipe and fittings (Spooles  BIC, HEP, MECO, AJMERA
     26   RCC pipes                             Indian hume pipe on Spun pipe
                                                co.,        Sementia,         Pranali
                                                Enterprises, C.H Patel and Co.
     27   Stoneware pipe and fittings           Trimurti, Perfect Potteries, Bharat,
                                                Rajura
     28   Cast iron LA class pressure pipes and TISCO, BRM, Kesoram, Electrical
          fittings                              steel castings.
     29   GI pipes BIS Approved                 Gujarat steel, ITC, TATA, Zenith,
                                                Jindal Tube Co.
     30   Gun metal valve and fittings          Premier, Leader, New
     31   G.I. fittings, ISI approval           Ring and cross brand, RR, Anil,
                                                Kirti B.M.
     32   C.I. Bluice valves check valve etc.   IVC       (CULCUTTA)        Kirloskar
                                                Upadhyaya
     33   CP Brass sanitaryware and water Essess, Jaquar, Soma, Bilmat,
          supply fittings                       Dirpless
     34   Vireous china Sanitarywares           Hindustan, EID Parryware, CERA,
                                                NEYCER
     35   W.C seats and cover                   Hindustan, EID Parryware, CERA,
                                                NEYCER
     36   Polyehelyne/polypropelyne Cisstern    Everlast,       Flushflo,    Easyflo,
                                                Challenger,               Champion,
                                                Commander, Marvel
     37   C.I Fixtures                          Ashok Iron works, Bombay Iron
                                                works Hussinji Ismaliji




Signature of Contractor                              Signature of EE (C)
                                                                                           104


                                                  SCHEDULE OF QUANTITY

Name of Work:- Annual maintenance contract for Automatic Sliding Gate and Glass door and

                 Urinal sensor of CETTM and Hostel Building at Powai.

Sl.No                Description of items                          Quantity    Rate      Unit    Amount
1     Annual maintenance contract for repair of electrical and
        mechanical part of sliding gate and glass door for one
        Year of following and attend the break down call
        in 24 – 48 hours with no extra charges. ( The charge are
        exclusive of cost of any spare parts ).
    a    Automatic sliding gate.                                      03                 Each
    b    Sensor operated glass door.                                  03                 Each

2       Annual maintenance & servicing contract for Non
        Comprehencsive type of electrical operated urinal
        Sensors Regular visit of techinician twise in a week
        For checking of all the sensors and maintaining in
        Working condition Break down call with in 24-48 hours
        With no extra charges(The charges are exclusive of cost

        Of any spare parts.damage or injury for equipment by
        Fire water accident)(The payment will be made in
        4 equal installment.)                                       74.00                Each


                                                      Total Rs.




        Executive Engineer(C),
        MTNL, CETTM Building, 6th floor,
        Powai,Mumbai-76.




          Signature of Contractor                                  Signature of EE (C)
                                                105




Signature of Contractor   Signature of EE (C)

				
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