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HPGCL

DEENBANDHU CHHOTU RAM THERMAL POWER PLANT

YAMUNA NAGAR

A Unit of Haryana Power Generation Corporation Ltd. (Regd. Office: Urja Bhawan, Sector 6, Panchkula)

Tele Fax No.: 01732-204055

Tender Documents

For

Development of Park on LHS of Main Road in

DCRTPP Colony Yamuna Nagar

NIT No. 29 / XEN / CMD – I / MTC – 237

Dated : 02.02.2012

Executive Engineer /CMD-I

For Chief Engineer, DCRTPP,

HPGCL, Yamuna Nagar

M-09355061867

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Please visit our website hpgcl.gov.in and check the tenders section. You are requested

to fill the following information and send along with the NIT details via email at

tender@hpgcl.gov.in.

Tender Information

Source (Name of power) DCRTPP, Yamuna Nagar

Classification Civil Works

NIT Number 29 /XEN /CMD-1/DCRTPP 2011-12 Dt 02.02.2012

Brief NIT Description Development of Park on LHS of Main Road in DCRTPP

Colony Yamuna Nagar

Tender Issue Date: .........

Document Sale Close Date

.........

Bid Submission Date 16.02.2012 upto 13.00 Hrs

Bid Opening Date 16.02.2012 upto 15.30 Hrs

Contract Info ……..

NIT Details Civil Work

Corrigendum detail Nil

EMD Amount Rs. 6800/-

Tender Document Cost Rs. 3394/-

Contract Classification

1. Supply of Material – Nil

2. Works Contract – Three Months

3. Equip. Supply & Erection – No

4. Scrap – Nil

5. Computer & Software – Nil

6. Miscellaneous (other) – N.A.

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INDEX Clause No. Description Page No. Tender Information 2

Index 3-4

Notice Inviting Tender (NIT) For Press Publication 5

General Terms and Conditions 6-13

General Rules & Directions for the guidance of contractor 14

Definitions 15

1 Scope of work & Variation clause 16

2 Compensation not payable for alteration 16

3 Possession prior to work 16

4 Extension of time 16

5 Completion of repairs and maintenance 16

6 Completion Certificate 17

7 T&P for construction 17

8 Ladders, scaffolding etc. 17

9 Sub-letting of work 18

10 Splitting of work 18

11 Damages to work in consequence of war 18

12 Public liability and property damage insurance 19

13 Electricity 19

14 Water Charges 19

15 Care of finished work 19

16 Standards 20

17 Drawings, specifications & designs 20

18 Alterations in specifications prescribed 21

19 Action where no specification prescribed 21

20 Inspection and Tests 21

21 Cleanliness & rubbish 22

22 Work to be executed in accordance with specifications, 22

Drawings, orders etc.

23 Power to reject sub-standard work 22

24 Dismantled material 22

25 Schedule and progress 23

26 Extra work shifts 23

27 Work to be open for inspection 23

28 Work to be under direction of Engineer-in-charge 23

29 Notice to be given before the work is covered up 23

30 Co-operation of contractor‟s 23

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31 Appointment of contractor‟s technical staff 23

32 Maintenance of peace 24

33 Fair wages clause 24

34 Compensation of workers 24

35 Safety arrangements for labour 25

36 Bills to be submitted monthly 25

37 Bills to be on printed forms 25

38 Payment of contractor‟s Bill 25

39 Recovery of Corporation‟s dues 25

40 Appropriation of dues 26

41 Sales and other taxes 26

42 Permits, Fees and taxes 26

43 Income Tax, Work contract Tax & worker‟s welfare cess 26

44 EPF 26

45 Public Liability 26

46 ESI 26

47 Service Tax 26

48 Determination and termination of contract 26-27

49 Change in constitution of contractor firm 28

50 Termination on death of contractor 28

51 Relative of contractors in corporation 28

52 Retired Government Servants taking to contract 28

53 Contractor‟s office, stores and workshop 28

54 Security rules 28

55 Watching and Lighting 29

56 Everything at contractor‟s risk 29

57 Site order book 29

58 Patent Right 29

59 Jurisdiction 29

60 Arbitration 30-31

61 to 68 Implementation of Labour Laws by the contractor 32-33

Price Bid (Part –II) 34

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NOTICE INVITING TENDER

NIT No. 29 /XEN/CMD-I/DCRTPP/2011-2012 Date: 02.02.2012 Sealed tenders are invited in two parts on behalf of Chief Engineer, Deen Bandhu Chhotu

Ram Thermal Power Project, Yamuna Nagar (DCRTPP), HPGCL, Yamuna Nagar from

contractors having labour license or should have applied for renewal and permanent Service tax,

EPF & ESI account No. for following work.

Description of Work Completion Period Earnest money

Development of Park on LHS of Main

Road in DCRTPP Colony Yamuna

Nagar

Three months Rs 6800/-

For all including societies

1. Date on which tender document would be

available on website : 04.02.2012

2. Date on which tender document would Close on website : 15.02.2012. at 16.00 Hrs

3. Last date of submission of tenders : 16.02.2012 up to 13:00 Hrs 4. Due date of opening of Tenders (Part-I) : 16.02.2012 at 15:30 Hrs 5. Cost of tender document: Rs. 1133/-in shape of Crossed Demand Draft/ Pay Order in favour

of the Sr. Accounts Officer, DCRTPP, HPGCL, Yamuna Nagar payable on State Bank of Patiala or any other Scheduled Bank payable at Yamuna Nagar.

6. NIT, Scope of Work and Qualifying Requirement can be seen and downloaded from

HPGCL‟s website- www.hpgcl.gov.in. The firm should also visit the site before submitting the tenders.

7. Telegraphic tenders will not be accepted. 8. Chief Engineer/ DCRTPP reserve the right to reject any or all the tenders without assigning

any reason whatsoever.

9. Negotiation shall be held with L-1 bidder only.

Executive Engineer/CMD-I for Chief Engineer/ DCRTPP,

HPGCL, Yamuna Nagar. M.: 09355061867

Deenbandhu Chhotu Ram Thermal Power Project, Yamuna Nagar

(A Unit of Haryana Power Generation Corporation Ltd.) (Tele-Fax. No. 01732-204055)

E-mail: secivildcrtppynr@yahoo.com

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GENERAL TERMS & CONDITIONS 1. GENERAL

1.1 The tender documents shall be accepted only of those contractors/ firms who are

found eligible and capable of handling such works. The tender documents should

accompany the following documents:-

a) Proof for having the contractor/ firm registered with the Labour Department

Govt. of Haryana and possessing the Labour License or undertaking to

register if labour deployed is more than 20.

b) Proof for having the contractor/ firm registered with the Provident Fund

Commissioner and possessing permanent EPF Registration Number/

Account Number.

c) Proof of experience for successfully carrying out such type of works in

Thermal Plants, NFL‟s, Refinery, Sugar Mills or any other similar large

industries in the last three years.

d) Proof of depositing Rs. 1133/-towards cost of tender documents and

Rs.6800/- towards EMD in shape of demand draft favouring Senior Accounts

Officer/DCRTPP Yamuna Nagar and drawn on any scheduled Bank at

Yamuna Nagar. No other mode shall be entertained.

1.2 The tender application received without earnest money shall not be considered.

1.3 Telegraphic/ Conditional tenders are liable to be rejected.

1.4 Post tenders clarifications shall not be considered and such tenders shall be

rejected out rightly.

1.5 This office reserves the right to reject any or all the tenders without assigning any

reason and no claim on this account shall be entertained.

1.6 The tender rates should be valid at least for 180 days from the date of opening of

tender.

1.7 The contractors/ firms are advised to visit the site before hand to acquaint them

fully about the quantum of work involved and the prevailing conditions, before the

submission of the tender. No claim on this account whatsoever shall be

entertained from the contractor or/ firm afterwards.

1.8 The firm should not submit the tender if any of his relative is posted in DCRTPP

and who is dealing with the day today work including passing of the bills etc. and

who is working in any capacity required him to give instructions as member of the

Board. In case of breach of these conditions, HPGCL may penalize the contractor/

firm and the work entrusted to him may be terminated. The term relative is meant

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wife/ husband, son/ daughter, brother & sister, uncle, cousins and their

correspondence in-laws. The tenders shall also supply the list of officers and

employees of HPGCL related to him.

1.9 Canvassing in connection with the tender is strictly prohibited and the tenders

submitted by the tenderer who resort to canvassing liable to be rejected.

1.10 All the works mentioned in the tender shall be treated as one unit for execution

and shall be awarded to one party alone whose rates would be overall lowest.

1.11 Haryana Power Generation Corporation Limited, DCRTPP, Yamuna Nagar

authorities does not bind itself to accept the lowest tender and reserves the right to

itself accept the whole or part of the tender and the tenderer shall be bound to

perform the same at the rates quoted in his tender.

1.12 The prescribed tender form and page of the technical specifications, scope of work

and general terms and conditions should bear the signature of the tenderer person

in English/ Hindi language. The rates quoted should also be written in English/

Hindi language in figures as well as in words in such a way that interpolation is not

possible. In case of figures, the words should also be written before the amount

and the word paise be written after decimal figures e.g. Rs. 2.51 paise and in case

of word „Rupees‟ should be written proceed and the word „paise‟ should be written

at the end. Unless the rate is the whole Rupees and followed by the word „only‟ it

should invariably be upto two decimal places.

1.13 Overwriting in rates shall make the tenders liable to be rejected. In case of cutting

in the rates, the same should be attested by the tenders by putting his full

signatures and the figures so attested should be mentioned in words also under

full signatures.

1.14 The tenders submitted shall comprise of prescribed form, general terms and

conditions, scope of work, technical specifications all to be enclosed in a sealed

envelope super-scribed as tender for Tender Enquiry No.- _____/XEN/CMD-I

shall consist of price bid on the prescribed form which should be sealed in

envelope super-scribed as Price Bid for Tender Enquiry No.- ____/XEN/CMD-I. It

should be noted that Earnest Money and Price Bids of the Tender Documents

should be submitted in separate sealed covers super-scribed as above.

1.15 The tenders received after the schedule date and time shall not be opened

irrespective of the facts whether these are sent by registered or unregistered post,

HPGCL DCRTPP shall not be responsible for any postal delay, loss or damage

etc. of the tenders at any stage.

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1.16 In case the last date, for submission and opening of tenders happens to be holiday

on any account the same shall automatically be shifted to be next working day.

1.17 The tenders duly completed and accompanied with requisite documents viz, proof

of depositing the required earnest money, proof for possessing the Labour License

from Labour Department, Govt. of Haryana and Permanent EPF Registration

number form Provident Fund Commissioner, Govt. of Haryana, Experience

Certificate for successfully carrying out similar job as prescribed in NIT from any

Thermal Project and Income Tax Clearance Certificate for the previous year etc.

shall be accepted upto 13.00 hrs shall be submitted on the due dates.

The tender containing technical Bid shall be opened at 15.30 hrs on the

same day in presence of those tenders or their representatives who wish to be

present there and the date and time of opening of price bid shall be scheduled

afterwards and intimated to the contractors accordingly.

2. QUALIFYING REQUIREMENT FOR BIDDER

2.1 The contractor should fulfill the following qualifying requirements

i. Contractors who have already undertaken similar jobs in Thermal Plants,

Refineries, NFL‟s & PWD (B&R) and other big organization etc. against single

tender of atleast 9.00 lacs or above in any of last 3 yrs. and produce

documentary proof in support of above.

ii. The financial turnover should be Rs. 20.00 Lacs in any one year of the last

three years.

iii. The contractor should have his own independent EPF & ESI account no. and

service tax no.

iv. The contractor should either be registered with the Labour Commissioner,

Haryana or should get himself registered immediately after award of the work

or give an undertaking that labour deployed on the work shall be less than 20.

3. MODE OF SUBMISSION OF TENDER

The tenders shall be submitted in a sealed outer cover having two separate

sealed envelopes containing following necessary documents & each envelope

should be suitably super scribed as Development of Park on LHS of Main Road in

DCRTPP Colony Yamuna Nagar.

(a) Part-I in 1st Envelope.

1. EMD

2. Qualifying Requirement & Techno Commercial Bid.

3. Cost of tender document

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(b) Part-II in 2nd Envelope.

1. Price Bid.

4. OPENING OF TENDER

4.1 The tenders will be opened in the office of XEN/CMD-I, DCRTPP, HPGCL,

Yamuna Nagar in the presence of authorized representative of the tenderers, if so

desired, at the time and date set for opening of tenders or in case any extension

has given thereto on the extended tender opening date and time notified to all the

tenderers who have submitted the tender documents. Tenderor authorized

representatives may attend the opening.

4.2 After opening the main cover, the envelope containing EMD shall be opened first.

Qualifying requirements for the Bidders and Techno Commercial offer shall be

opened subsequently, if EMD of requisite amount and in proper mode have been

submitted by the tenderer. Otherwise, the tenders shall not be opened and re-

sealed.

4.3 The Price Bid (Part-II of the tender) shall be opened after Part-I of the tenders

have been scrutinized and evaluated. The tenderers whose Part-I have been

approved, will be allowed to participate in opening of Price Bid (Part-II). The due

date and time for opening of Price Bid (Part-II) shall be informed later on.

5. VALIDITY OF BID

5.1 The tender rates shall be valid for 180 days from the date of opening of tenders.

5.2 On acceptance of tenders, the name of the authorized representatives(s) of the

tenderers, who would be responsible for taking instructions from the Engineer- in

Charge and shall be communicated to the Engineer-in-Charge immediately after

the allotment/start of work.

5.3 The Haryana Power Generation Corporation does not bind itself to accept the

lowest tender and reserves to itself the right to accept the whole or any part of the

tender and the tenderer shall be bound to perform the same at the rates quoted in

this tender.

5.4 The negotiation in rates shall be made with the L-1 bidder only.

6. PERIOD

6.1 The work shall remain in force for 12 months which can be extended for 3 months

at the discretion of Engineer in charge reckoned from the 7th day of issue of LOI.

6.2 The contractor/ firm shall neither sublet the contract nor suspend the work at any

time during the period of contract without any lawful excuse and without the earlier

permission of Project Authorities.

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6.3 The work will be carried out in the manner specified in the scope of work and

procedure laid therein and as per the instructions and to the satisfaction of Officer-

in-Charge.

7. SECURITY DEPOSIT

9.1 The earnest money already deposited by the contractor at the time of submission

of tender application shall be adjusted towards the security deposit.

9.2 Thereafter security @ 5 % from the running bills will be deducted at source. No

interest of any kind and on any account, whatsoever shall be paid on the said

security deposit.

9.3 The security deposit so deducted from the monthly bills shall however be refunded

in lump-sum after 90 days of successful completion and faithful execution of the

contract and defect liability period which shall be one year after completion of

work. The firm shall furnish clearance from EPF Department, for release of

security deposit.

9.4 The earnest money deposited by the tenderer before collecting the tender

documents will be refunded only to unsuccessful bidders after finalization of tender

without any interest, whether firm has submitted its offer or not.

8. E.P.F. REGULATION

8.1 The contractor/ firm should be registered with the provident fund commissioner,

Govt. of Haryana and should possess the permanent EPF Registration no.

8.2 The contractor/ firm shall ensure EPF deduction under the rules from the wages of

their workers/ employees engaged by him against the said work and shall deposit

the same along with the contractor‟s contribution with the EPF Department Or into

the nearest treasury every month under the intimation to this office, as a gesture of

proof, the photocopies of the receipted Challan shall be submitted by the

contractor/ firm along with the subsequent monthly bills. The individual A/C no. of

each employee, employed against the work shall also be supplied by the

contractor.

9. INSURANCE OF WORKERS

9.1 Immediate after the commencement of the work, a group insurance policy of

appropriate value in respect of all the workers shall be obtained by the contractor

to cover up the risk of injury/ non-fatal/ fatal accident to the workers deployed

against the subject cited work & the documentary proof of the same shall have to

be furnished to this office for reference & record.

9.2 The contractor/ firm shall adopt all safety rules while executing work and shall be

fully and wholly responsible for any mishap or any injury sustained by him/ their

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employee/ worker at site during the performance of the work under the contract

and HPGCL shall not entertain any claim on this account. However, if HPGCL is

forced to pay any compensation to any workman employed/ engaged by the

contractor, the amount of compensation so paid shall be recovered from the

contractor/ firm.

10. CONTRACT LABOUR ACT, RULES & REGUALTIONS

10.1 The contractor/ firm shall abide by al the labour acts, rules and regulations as

framed by Central/Haryana Govt. and as amended from time to time and

applicable to Deen Bandhu Chottu Ram Thermal Power Project, Yamuna Nagar

HPGCL such as contract Labour (R&A) Act, 1970 payment wages Act-1936,

payment of minimum wage Act.

10.2 The contractor/firm shall also maintain the necessary records/registers in respect

of his/their employees, as required under the labour rules and regulations and the

same shall be made available to the Officer-in-charge/Project Authorities/

Government of Haryana for checking/ inspection as and when required.

10.3 The contractor/firm shall have to put their labour registered with the labour

commissioner, Haryana and obtain a Labour license for the number of employees/

labour to be engaged/ deployed against this contract.

10.4 The contractor shall furnish the following documents after the receipt of this wok

order failing which the monthly bill shall not be processed.

i. Certificate of registration under section-7 of the Act.

ii. Labour license from Licensing Officer, Haryana under Section-12 of Act at least for

number of labour/ workmen required for execution of the contract.

10.5 The Labour Rules and Regulations shall be deemed as part of the contract and

breach there of shall be deemed as breach of the contract.

10.6 In order of cope with the obligations on the part of the contractor under the

Workmen Compensation Act-1923 it would be incumbent upon the contractor to

obtain the Workmen‟s Compensation Insurance Policy from an approved

insurance company as already asked for under Para (5) above to cover up the risk

of injury/death of the labour engaged by him at site, it is however, made clear that

the bill not be entertained in absence of submission of Insurance policy by the

contractor.

10.7 The contractor /firm shall indemnify department against all the obligations of

Labour Rules & Regulations such as Minimum Wages Act, EPF Act etc.

10.8 The contractor/ firm shall have to make the payment to the labour so engaged at

his end and as per prevailing Labour Rules & Wages Act.

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10.9 The contractor shall comply with all the Central and State Government Laws,

Statutory Rules, Regulations etc. such as the payment of Wages Act, Minimum

Wages Act Workman Compensation Act Contractor Labour (R & A) Act-1970

Employer‟s Liability Act, Industrial Disputes Act and any other acts, Laws Rules

and Regulations for labour as may be enacted by the Government during the

tenure of the contract and having force or jurisdiction at site. The contractor shall

give to the local Government Body, Police and other relevant authorities all such

notice/ information‟s as may be required by the law.

11. LOSS OF HPGCL PROPERTY DURING EXECUTION OF WORK

11.1 The contractor shall ensure that no damage or loss is done to HPGCL‟s property

or human being in the jurisdiction of work site. In case it is found that, there is any

loss to the plant equipments, HPGCL‟s property or human being due to negligence

of any labour/ worker the same shall be made good by the contractor at his own

cost.

12. SUBLETTING OF CONTRACT

12.1 Subletting or sub-contracting of the job against the works so awarded, is not

allowed without earlier permission of the Project Authorities.

13. PERFORMANCE

13.1 The performance of the contractor shall be reviewed by the Officer-in-charge

regularly at end of every month & if found unsatisfactory, contract can be

terminated & security deposit by contractor shall be forfeited.

13.2 The Officer-in-charge DCRTPP, HPGCL however, reserves the right to get the

wok done fully or partially by any other agency or contractor till the expiry of period

of contact at firm‟s risk and cost. However, before termination of the contract, a

notice of thirty days shall be served on the defaulting contractor.

13.3 In such events, it shall be lawful to the HPGCL to forfeit any balance

amount/security deposit or both which may otherwise be due to the contractor. If

the dues are not sufficient, it will be lawful for HPGCL to recover the amount

through the court of law.

14. ARBITRATION

14.1 In case of any question for dispute arising under this contract, the mater in dispute

shall be referred to the Chief Engineer/ DCRTPP (who being the Head of the

Project) shall be sole arbitrator and whose decision shall be final and binding on

both the parties.

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15. JURISDICTION

15.1 The contract shall be deemed to be entered into at Yamuna Nagar and all causes

of actions in relation to the contract shall, therefore be deemed to have arisen

within the jurisdiction of the court of Jagadhri, District Yamuna Nagar (Haryana) on

the related Hon‟ble High Court (Punjab & Haryana) Chandigarh.

16. MODE OF PAYMENT

16.1 The payment shall be made on monthly basis. The monthly bills shall be

processed within seven days after the same is presented (in triplicate) and after all

the formalities and objections are completed/cleared by contractor.

16.2 The payment shall be released by the office of the Sr. Account Officer, DCRTPP,

HPGCL, Yamuna Nagar by crossed cheque in favour of the contracting firm.

16.3 No bank charges of any kind shall be paid by the HPGCL i.e. all the bank charges,

if any, shall have to be borne by the contractor/ firm.

17. INCOME TAX AND OTHER TAXES DEDUCTIONS

17.1 The Income Tax & other taxes as applicable under the relevant tax act shall be

deducted at source from the monthly bills of the contractor/firm.

17.2 The contractor/ firm shall have to submit the Income Tax clearance certificate in

respect of the year immediately preceding the year for commencement of work

from the Income Tax Authorities before the execution of the contract agreement.

18. AGREEMENT

18.1 The work order alongwith the terms and conditions as mentioned in the Tender

documents will from the contract agreement between HPGCL and contractor.

Accordingly, the contractor is required to execute/ submit the contract agreement

with HPGCL on a non-judicial stamp paper of the appropriate value as required

under Indian Stamp Act within 15 days of the receipt of L.O.I. or award of work.

The cost of the stamp paper shall be borne by the contractor.

18.2 The contractor shall also give an undertaking/acceptance in writing on his letter

head that all the terms and conditions of the work-order are acceptable to him.

18.3 No bill shall be processed and no payment will be made till requisite agreement as

Sr. No. (18.1) is executed and the undertaking as per Sr.No. (18.2) is submitted by

the firm.

18.4 The firm shall furnish undertaking that wage payment made to the deployed

contract labour have been at the prescribed D.C. rates/ minimum wages as fixed

from time to time.

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GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACORS 1. All work proposed for execution by contract will be notified in a form of invitation to Tender

published in leading newspapers duly signed by the Chief Engineer/ Superintending Engineer / Executive Engineer.

2. This form will state the work to be carried out as well as the date for submitting & opening

of tenders, the time allowed for the carrying out the work and also the amount of earnest money to be deposited with the tender. Earnest money as specified in the tender documents shall be in the form of cash deposit / demand draft crossed for account payee only from the scheduled bank. Any tender unaccompanied by prescribed earnest money shall be summarily rejected. Copies of the specifications designs & drawings and any other documents required in connection with the above tender shall be open for inspection by the perspective tenders at the office of Chief Engineer/ DCRTPP during the office hours. Each tender shall contain the name, residence and place of business of the person/persons submitting the tender and shall be signed by the tender with his signature: Partnership tenders shall furnish the full name and address of all partners along with an attested copy of the partnership deed of the firm duly signed by the each partner and in event of the absence of any partner /partners, it must be signed on his /their behalf by a person /persons holding Power of Attorney authorizing him /them to do so. Tenders by a corporation shall be signed with the Legal name of the corporation followed by the name of the person, authorized to sign it in the matter and attested copy of such authorization should also be sent along with the tender.

3. Receipts for payment made on account of a works when executed by a firm must also be signed by the several partners except where the tenders are described in their tenders as a firm, in which case the receipt must be signed in the name of the firm by one of the partners, or by other person holding power of attorney authorizing him to do so by the other partners.

4. Any person who submits a tender shall fill in ink the usual printed form, stating at what

rate he is willing to under take each item of the work. Tender which pose any alteration in the work specified in the said form /invitation to tender or in the time allowed for carrying out the work or which contain any other conditions of any sort will be liable to rejection. No single tender shall include more than one work. Contractors who wish to tender for two or more works shall submit a separate tender for each. The Tender shall have the name and number of work to which they refer written outside the envelope.

a) The rates (s) and /or amount (s) must be quoted in decimal-coin-age.

5. The Chief Engineer /DCRTPP or his duly authorized officer will open tenders in the

presence of any Intending contractors who may be present at the time and will enter the amounts of the over all tenders in the register of tenders prescribed for this purpose.

6. The officer inviting tenders shall have the right of not opening the tenders, rejecting all or

any of the tenders, without assigning any reason and will not be bound to accept the lowest tender.

7. The tenders so opened shall remain valid for acceptance for a period of 180 daysfrom the

date of opening of the tender.

8. In the event of a tender being accepted due intimation there of will be communicated to the contactor in the form of a letter of acceptance. The earnest money of the unaccepted tenders thereupon be refunded and no claim whatever shall be made in the Haryana Power Generation Corporation.

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DEFINITIONS Clause-1

1) The contract means the document forming the tender and acceptance thereof and the formal agreement executed between the Haryana Power Generation Corp. and the contractor, together with the documents referred to therein including these conditions. The specifications, designs & drawings and instructions issue from time to time by the Engineer- in- charge and all those documents taken together shall be deemed to form the contract and shall be complimentary to one another.

2) In the contract, the following expressions shall unless the contract other requires, have the meaning hereby respectively assigned to them.

a) The expression work or works shall unless to something either in the subject or context repugnant to such constructions be constructed as taken to mean the work by or virtue of the contract contracted to be executed whether temporary or permanent and whether original alerted or substituted or additional.

b) The site shall mean the land other places on, into or through which the work is to be carried under the contract or any adjacent land, path, or street which may be allotted or used for the purpose of carrying out the contract.

c) Corpn. shall mean the Haryana Power Generation Corporation and shall include its successors in office and assignees.

d) Engineer- in- charge means the Chief Engineer/ DCRTPP or his authorized representative who shall supervise and be in- charge of the work.

e) The contractor/ supplier shall mean the person/ party with whom the contract is made and include his executer, administrator or successor and permitted assignees as the case may be.

f) Tenderer: the party or parties submitting as offer for the work covered by the tender documents.

g) Sub-contractor: the term sub-contractor used herein refers to a party or parties having direct contact with the contractor whom any part of the contract has been sublet by the contractor with the consent in writing of the Engineer- in- charge.

h) Manufacturer: the term manufacture used herein refers to party proposing to and/or manufacture the equipment & material as specified complete or in part.

i) Tender drawings: the term tender drawings refer to the drawings made part of the tender documents.

j) Detailed drawings: if necessary additional/ detailed drawings which may be furnished to the contractor for execution of the work and they will be form part of the contract.

k) Letter of acceptance shall mean the letter from the Chief Engineer/ DCRTPP, HPGCL, Yamuna Nagar conveying the acceptance of the tender subject to such reservations as may have been stated herein. The contract agreement will be signed by the Chief Engineer/DCRTPP on behalf of Haryana Power Generation Corporation Limited.

l) Plant equipments, stores, works or works- shall mean and include plant equipment and materials required for erection which shall be provided and work to be done by the contractor under the contract. When the words “Approved subject to approval”, satisfactory, proper as directed, accepted, permitted etc are used as the approval, determination, acceptance, permission, judgment, directions etc is understood to be a function of the Engineer- in- charge.

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SCOPE OF WORK ETC. Clause-2 scope of work

The scope of work includes Development of park on LHS of main road in DCRTPP Colony

Yamuna Nagar as per price bid Part-II. All T&P for development of park shall be arranged by

the contractor

2 a) Variation clause:

Prices and rates shall be firm for a variation in the total contract price by +10% with the provision that quantity of individual item may vary to any extent.

Clause -3 Compensation not payable for alteration in or restriction of work to be carried out:

If at any time after commencement of work the corporation shall for any reason whatsoever not require the whole works thereof as specified in the tender to be carried out, the Engineer- in- charge shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of work in full but which he did not drive in consequence of the full amount of the work not having been carried out, neither shall have specifications, drawings, designs, and instructions which shall involve any curtailment of the work as originally contemplated. Provided that the contractor shall be paid the charges on the cartage only of materials actually bonafide brought to the site of the work by the contractor and rendered surplus as a result of the abandonment or curtailment of the work of any portion thereof and then taken back by the contractor. Provided however, that the Engineer- in- charge shall have in all such cases the option of taking over all or any such materials at their purchase price or at local current rates whichever may be less. In the case of such stores having been issued from departmental stores supervision charges and storage charges shall be refunded in addition to the issue rate of materials.

Clause-4 Possession prior to completion

The Engineer- in- charge shall have the right to take possession of part of the work completed or partially completed work. Such possession or use shall not be deemed to be formal acceptance of any work not completed in accordance with the contract if such prior possession or use by the Engineer- in- charge delays the progress of the work an equitable adjustment in the time of completion will be made and the contract agreement shall be deemed to be modified accordingly.

Clause -5 Extension of time

If the contractor shall desire an extension of time for completion of work on the grounds of his having been unavoidably hindered in its execution or any other ground, he shall bring this to the notice of the Engineer- in- charge in writing within 30 days of such hindrance on account of which he desired such extension as aforesaid and the Engineer- in- charge/ competent authority shall if in his opinion (which shall be final) reasonable grounds be shown, authorize such extension of time, if any, as may in his opinion be necessary or proper.

Clause-6 Completion of repairs and maintenance

When the repairs and maintenance work is carried out during construction the splashes and droppings from white washing, colour washing, painting, etc on doors, floors, walls, windows fittings etc. shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters, premises or portions etc. where the work is done without waiting for the actual completion of all the other items of the work in the contract. In case the contractor fails to comply with the requirements of this clause, the Engineer- in- charge shall have the right to get this work done at the cost of the contractor either departmentally or through another party. Before taking such action the Engineer- in- charge shall give notice in writing to the contractor.

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Clause-7 Completion certificate

Within 10 days of the completion of the work the contractor shall give notice of such completion to the Engineer- in- charge and within 30 days of the receipt of such notice the Engineer- in- charge shall inspect the works and if there are no defects in the works shall furnish the contractor with certificate of completion. Otherwise a provisional certificate of completion including (a) defects to be rectified by the contractor and/ or (b) defects for which payment will be made at reduced rates shall be issued but no certificate of completion provisional or otherwise shall be issued nor shall the work be considered to be completed until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements required for his/her work people on the site in connection with the execution of the work as shall have to be executed or constructed by the contractor (s) and clear all dirt from all wood work, doors, windows, walls or other parts of any building in upon or about which the work is to be executed, of which he may have had possession for the purpose of the execution thereof and not until the work shall have been measured by the Engineer- in- charge. If the contractor shall fail to comply with the requirements of this clause as to removal of scaffoldings, surplus materials and rubbish etc. and dispose of the same as he thinks fit and clean off the dirt as aforesaid and the contractor shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

Clause-8 T & P for construction

The contractor shall furnish along with the tender a list of items of special T&P and the machinery which he will be deploying on the particular job. He will also make necessary arrangements for supplementing them or drawing any other items of machinery required to do so by the Engineer- in- charge at time of awarding of the contract or later as the work progresses.

The contractor shall furnish along with the tender a list of items of special T&P that may be supplied to the contractor on hire at the discretion of the Engineer- in- charge at a rate and conditions to be fixed by the Engineer- in- charge. The non provision of such equipments / machinery by the Engineer- in- charge or withdrawal of such equipments/ machinery originally provided by the Engineer-in-Charge shall not be taken by the contractor as a plea for delay in the work/works or for payment of any compensation whatsoever. The contractors are expected to make their own arrangements for all tools and plants required for successful execution of work.

If the tools and plants deployed by the contractor are found to be inadequate or defective in the opinion of the Engineer- in- charge, he shall have the right to supplement the T&P of the contractor by issue of the departmental T&P at the rates and terms and conditions as fixed by the corporation from time to time. Under such circumstances, the contractor shall have no risk to ask for extension of time on grounds of non availability of T&P or for any recovery affected from the contractor‟s monthly running bills and final bills if necessary.

Clause-9 Contractor to supply all plant, ladders, scaffoldings etc.

The contractor shall supply and provide at his own cost all materials (except such special materials if any as may in accordance with the contract be supplied from the stores of Haryana Power Generation Corp. Ltd). Plants, tools, appliances and implements, ladders, cordage, tackle, scaffoldings and temporary work requisites necessary for the proper execution of the work. Whether original altered or substituted and whether include in the specification or other documents forming part of the contract or referred to in these conditions or not or/of satisfying or complying with the requirements which may be necessary for the purpose 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 also supply without charge the requisite number of persons with the means and materials necessary for the purpose of settling out works, counting and weighing and assisting in measurements or examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer- in- charge at the expenses of the contractor (his decision being final in this respect) and the expenses may be

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deducted from any money due to contractor under contract of any other agreement for work, supply etc.

Clause- 10 Work not be sublet, contract may be rescinded and security deposited forfeited and subletting basis or if the contractor becomes insolvent

The contractor shall not assign or sublet any work or part thereof without the written approval of the Engineer in Charge. And if the contractor shall assign or sublet his contract or attempt to do so or becomes insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or any bribe, gratuity, gift, load, perquisite, reward or advantage, pecuniary or otherwise, shall directly or indirectly be given, in the employment of the corporation in any way relating to his office or employment or if any such officer or person all become in any way directly or indirectly interested of the corporation and in the event of any of these courses being adopted the consequences specified in the said clause 73 shall ensue.

Clause-11 Splitting of work

Engineer- in- charge reserves the right to separate or otherwise some items of work under the contract and if certain items of work are not operated at all, contractor shall have no claim whatsoever for anticipated profits or loss or for damage. The whole work may be split up between two or more contractors or accepted in part or in total as considered expedient.

Clause-12 Damage to work in consequence of hostilities or war-like operation

The work (whether fully constructed or not) and all materials, machines, tools, and plant scaffolding temporary building 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 material properly brought to the site for incorporation in the works being damaged or destroyed in consequence of hostilities or warlike operations, the contractor shall when ordered in writing by the Engineer- in- charge remove any debris from the site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged work and shall be paid at the contract debris, staking or removal of serviceable material and/ or the construction of all the work ordered by the Engineer- in- charge, such payment being in addition to the compensation into the value of the work damaged or destroyed but not already measured and paid for, the compensation shall be assessed by the Engineer- in- charge. The contractor shall be paid for the damage destruction suffered and for restoring the materials at the rates passed on the analysis of the rates tendered for in accordance with the provisions of this agreement. The certificate of the Engineer- in- charge regarding the quantity and quality of materials and the purpose for which they were collected shall be the final and binding on all parties to this contract.

Provided always that no compensation shall be payable for any loss in consequence of hostilities or warlike operations (a) unless the contractor had taken all such precautions as are deemed necessary by the Engineer- in- charge and (b) for any materials etc. not the site of work or for any tools, plants, machinery, scaffolding, temporary buildings and other things not intended for the work.

In the event of the contractor having carried out reconstruction as aforesaid, he shall be allowed such extension of time for its completion as is ordered by the Engineer- in- charge, but the contractor will not be entitled to any compensation on this account. Force Majeure: If any time during the continuance of the work, the performance in whole or in party by either party or any obligation under this contract shall be prevented or delayed by any reasons of war, hostility, acts of public enemy, civil commotion, sabotage fires, floods, explosions, epidemics, qurestine, restrictions or other acts of God, strikes and lockouts (herein after referred to as eventualities). Then provided notice of the happening of any such eventually is given by either party to other within 15 days from the date of occurrence thereof neither party shall by reason of such eventually be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such performance or delay performance and construction work in account of the above mentioned eventualities shall be prevented from fulfilling their contractual obligation, by a state of force majeure lasting continuously for a period of at least six months, both the parties should consult each other

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regarding the further implementation of the contract, provided always that if no mutually agreed agreement is arrived at within a period of one month from the expiry of 6 months referred to above, the contract shall be deemed to have expired at the end of the said six months referred to above. The above mentioned expiry of contract will imply that both the parties have obligation to reach an agreement regarding winding up & financial settlement of contract.

Clause-13 Public liability & property damage insurance

The contractor shall take out, pay all costs and maintain throughout the period of this contract public liability and property damage liability insurance with the following coverages:

i) Public liability limits for bodily injured or death not less than Rs.1,00,000/- for one person and Rs.2,00,000/- for each accident.

ii) Property liability limit for each accident not less than Rs.1, 00,000/-

The Engineer- in- charge shall have the right at any time to require public liability insurance and property damage liability insurance greater than those specified in sub-sections (i) and (ii) above. In any such event the additional premiums payable solely as the result of such increase in insurance shall be added to the contract sum.

In addition, the contractor is fully responsible for all equipments and material for damage or loss from any cause whatsoever until his complete work is formally accepted. This clause governs not withstanding the part payment which may be advance to the contractor from time to time. As such it is recommended (but not mandatory) that the contractor obtains insurance for his work upto the time the work is formally accepted by the Engineer- in- charge. In case the contractor does not obtain the insurance, he is allowed to dispense with taking the policy to protect against risks in respect of fire, theft, burglar, earthquake, tempest, flood, civil war in respect of the works to be constructed under the agreement and the contractor shall indemnify HPGCL against any loss that might arise in respect of the works under the agreement on account of any risk mentioned above and give an indemnify bond which shall be valid and binding upon him till the works are completed and handed over under satisfactory conditions to HPGCL by him.

The contractor shall submit all policies for insurance to the Engineer- in- charge for approval prior for executing such insurance and starting his work on the site.

Clause -14 Electricity

Electricity shall be given to the contractor free of cost at one point only.

Clause-15 Water

Water shall be given to the contractor free of cost at one point only in each Lawn/ Park..

Clause -16 Care of finished work protection from weather

The contractor shall effectively protect the work from action of weather and from injury or defacement and shall cover finished parts where required for their through protection. Face work shall be left perfectly clean and free from defects.

The contractor shall be responsible for protection work which has been completed by other contractor. Heavy planking shall be used when moving any equipment over finished work. Metal roller shall not be permitted.

The contractor shall continuously maintain adequate protection of all his work from damage and shall protect adjacent properly from injury or loss in connection with the contract operations. The contractor shall provide all passage ways, guard fences, lights and other facilities for protection required by public authorities or local conditions.

TECHNICAL SPECIFICATIONS

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Clause-17 Standards

The work shall be carried out as per detailed PWD specifications and where the specifications are inadequate in the opinion of the Engineer- in- charge the work shall be carried out as per C.P.W.D specifications (with latest additions). For items of work which are not available in the C.P.W.D specifications, they shall be carried out in accordance with the latest bureau of Indian Standards Codes except where otherwise specified in the description of items given in the schedule quantities. All works must be in accordance with or equal or superior to the above referred specifications. The decisions of the Engineer- in- charge in this respect shall be final.

Clause-18 Drawings, specifications, correspondence etc.

The contractor shall be deemed to have examined the general conditions of contract, specifications and drawings etc and also have satisfied himself as to the nature and character of work to be executed and where necessary of the site conditions and other relevant matters and details. Any information thus had or otherwise obtained from the Engineer- in- charge shall not in any way relieve the contract from his responsibility for supplying all materials and executing work in terms of contract including all details and incidental work and supply of all accessories or apparatus which may not have been specifically mentioned in the contract but necessary for ensuring complete erection and safe and efficient working. If he shall have any doubt as to the meaning of a portion of the contract, he shall before signing it set forth the particulars thereof and submit them to the Engineer- in- charge in writing in order that such doubt may be removed.

a) After assigning the contract the contractor will be given free of charge three copies of all contract drawings and revisions thereto and two complete sets of specifications. The contractor shall pay for any additional copies he requires.

b) Such further drawings or explanations as the Engineer- in- charge may furnish to the contractor to illustrate the work to be done will form a part of the contract documents and the contractor shall confirms thereto.

c) All drawings and specifications being instruments of service are the property of the Engineer- in- charge and shall be returned to him when work is complete.

d) Figured dimensions shall be followed in preference to scale and detailed drawings in preference to general layout drawings. The contractor shall verify all dimensions in the field before any work is completed.

e) All instructions and order given by the Engineer- in- charge are to be maintained in the site instructions book and will be taken to have been conveyed to the contractor for his compliance.

Interpretations

a) Decisions by the Engineer- in- charge shall be final and conclusive. Any dispute regarding the true intent and meaning of drawing and specifications shall be referred to the Engineer- in- charge whose decisions as to its true meaning shall be final.

b) The contractor shall study and compare the drawings, specifications and other instructions given to him by the Engineer- in- charge and shall report in writing to the Engineer- in- charge any discrepancies, inconsistencies or omissions of statements regarding materials and methods of constructions which he noted.

c) Verbal instructions or information purported to have come from the Engineer- in- charge‟s office will not be recognized by him unless confirmed in writing. This also applies to information given while estimating and after the contract is awarded.

d) The drawings and specifications are intended to coordinate between themselves so that any item set forth in either shall be recognized as if fully set forth in both.

Correspondence

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All correspondence regarding design, engineering, equipment layout etc shall be sent in quadruplicate to the Engineer- in- charge for proper distribution purposes.

Addendum

Details regarding distribution of letters, drawings and fabrication, reports and operating instructions may be modified at a later date.

Clause-19 Alterations to specifications and designs

The Engineer- in- charge shall have the power to make minor alterations and omissions and additions to or substitutions that may appear to him to be necessary during process of the work and the contractor shall carry out the work in accordance with any instructions which may be given to him in writing signed by the Engineer- in- charge and such alterations omissions additions or substitutions shall not invalidate the contractor and any altered added or substituted work which the contractor may be directed to do in the same manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which the contractor had agreed to do the main work. The time for the completion of the work shall be extended in proportion of the altered added or substituted work to the original work and the certificate of the Engineer- in- charge shall be conclusive as to such proportion. The rates for such additional altered or substituted work under this clause shall be worked out in accordance with the following provisions in their respective order:- i) If the rates for additional, altered or substituted work are specified in the contract for the

main work, the contractor is bound to carry out the additional, altered or substituted work at the same rates as are specified in the contract for the main wok.

ii) If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived by the Engineer-in-Charge from the rates for a similar class of work as are specified in the contract for the main work. This shall be binding on the contractor.

In the event there is no similar class of work specified in the contract or as stated in clause (ii) above, the contractor shall work out a rate for each item on the basis of the prevalent market rates and submit the same together with detailed analysis of the same to the Engineer-in-Charge within a period of 7 days.

The Engineer-in-Charge shall within a fortnight thereafter conduct necessary negotiations with the contractor to arrive at a mutually agreeable rate, in the event he does not agree to the rate as furnished by the contractor. The Engineer-in-Charge, however, reserves to himself the right to cancel his order to carry out such work and arrange to carry out in such manner as he may consider advisable.

Clause-20 Action where no specifications.

In case of any class of work for which there is no specification as is mentioned in Clause 17, such work shall be carried out in accordance with the directions to be furnished by the Engineer-in-Charge. No extra claims on account of the absence of such specification from the original tender documents shall be entertained.

Clause-21 Inspection and Tests

a) Inspection

Work under these tender documents shall be subject to the approval of the Engineer-in-Charge who shall determine the amount, quality, acceptability and fitness of the several kinds of works and materials which may arise as to the measurement of quantities and the fulfillment of the technical requirement of the tender documents.

The Engineer-in-Charge, his assistants and agents of the consultants shall at all times have access to all places where work is being done or where material are being prepared for use under this contract and they shall have full and safe facilities for the unrestricted inspection or such materials and work. The contractor shall furnish any aid or assistance required for proper inspection & examination of work.

b) Tests

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Physical and chemical tests at the cost of the contractor may be required by the Engineer- in- charge of the materials specified herein or proposed to be used in the work. The requirements to be met and the manner of testing shall herein after mentioned or as may be prescribed or approved by the Engineer- in- charge.

The Engineer- in- charge reserves the right to wave any of the above test requirements and to prescribe new test requirements if found necessary to expedite the work and confirm to the best and latest practice as may be shown by the standards prescribed by trade organizations, manufacturers or engineering societies. The expenses of such test will be born by the contractor unless specified otherwise.

The cost of concrete cubes/ cylinders, mortar briquettes and all materials, moulds and tools required for taking test samples as and when required by the Engineer- in- charge will be born by the contractor. The contractor shall furnish to the Engineer- in- charge for approval, as required by the specifications, adequate samples of the above materials and furnishes to be used in the work. Such samples shall be submitted before the work is commenced and in ample time to permit tests and examination thereof. All materials finally supplied shall be fully equal to the approved samples. Samples of hardware, equipment and similar materials will be returned to the contractor for incorporation into the work. The contractor shall also furnish samples for tests other than those indicated in the specifications, if in the opinion of the Engineer- in- charge such tests are necessary for confirming to the required standards.

Clause-22 Cleanliness and rubbish

The contractor shall from time to time remove all rubbish resulting from the execution of his work. Adjacent streets, drive ways and other areas shall be kept unobstructed at all times, the resulting rubbish shall be dumped in the areas indicated by the Engineer- in- charge or removed by the contractor as per instructions that may be issued by the Engineer- in- charge. In case contractor does not keep the area clean and if found necessary to get the area cleaned the Engineer- in- charge will issue a notice of 48 hours and get the area cleaned by some other agency. The cost of such cleaning shall however be born by the contractor. In case of rubbish accumulating due to deposition by more than one contractor the share of charges to be born by the contractor as indicated by the Engineer- in- charge shall be final.

DIRECTIONS FOR EXECUTION OF WORK Clause-23 Work to be executed in accordance with specifications, drawings, orders etc.

The contractor shall execute the whole and every part of the work in the most substantial way and in a manner showing high standard of workmanship both as regards materials used and labour employed. The contractor shall also confirm exactly, full and faithfully t the designs, drawings and instructions in writing in respect of the work furnished by the Engineer- in- charge.

Clause-24 Power to reject sub-standard work

The Engineer- in- charge shall have full powers to reject and require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default the Engineer- in- charge is at liberty to employ other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such material. In case of default, the Engineer shall also have full powers to acquire and supply proper materials to be substituted thereof and costs which may attend such removal and substitution are to be borne by the contractor.

Clause-25 Dismantled material

The contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work etc as a corporation‟s property and such materials shall be disposed off to the best advantage of the corporation according to the instructions in writing issued by the Engineer- in- charge.

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Clause-26 Schedule and Progress

The contractor shall furnish the Engineer- in- charge within two weeks after the award of the contractor a schedule showing when he will commence and complete the different portions of the work according to various sections of the specifications.

MONTLY PROGRESS REPORT UPON AWARD OF CONTRACT

(a) The contractor will indicate the construction progress which has been made during the previous month duly verified by the Engineer‟s field representative.

(b) The contractor shall also submit along with the above anticipated progress schedule for the next month.

Clause-27 Extra work shifts

Night work shall be permitted upon the written approval of the Engineer- in- charge provided that sufficient notice is given by the contractor where the exigencies of the work so warrants. The Engineer- in- charge may also direct the contractor to work extra shifts on holidays and in overtime to ensure completion of contract on schedule.

Clause-28 Work to be open to inspection

All work under or in course of execution or executed in presence of the contract shall at all time be open to the inspection and supervision of the Engineer- in- charge and his authorized representative and the contractor shall at all time during usual working hours and at all other time with reasonable notice of the intention of the w in Charge or his representative to visit the works shall have been given to the contractor, either himself be present to receive orders and instructions or have responsible agent duly accredited in writing to be present for that purpose.

Clause-29 Work to be executed under the direction of Engineer- in- charge

All the work shall be executed under the direction and subject to approval in all respects of the Engineer- in- charge who shall be entitled to direct at what points and in what manner they should commence and from time to time be carried on.

Clause-29A Notice to be given before the work is covered up

The contractor shall give not less than seven days notice in writing to the Engineer-in-Charge before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimension thereof be taken before the same is covered up or placed beyond the reach of measurement. The Engineer-in-Charge shall within the aforesaid period of seven days get work inspected and measured. If any work shall be covered or placed beyond the reach of measurement without such notice having been given or Engineer-in-Charge‟s consent being obtained, the same shall be uncovered at the contractor‟s expense or in default thereof no payment or allowance shall be made for such work or material with which the same was executed

Clause-30 Mutual Co-Operation of Contractors

The contractor shall arrange his schedule of work and method of operation to minimize inconvenience to other contractors in the project. In all matters of conflicts or interest the Engineer-in-Charge shall direct which compromise should be made.

Clause-31 Appointment of Technical Staff by Contractors

The contractor shall employ technical staff during the executions of the work having sufficient experience. The contractor is also required to supply all supervisory personnel necessary to complete his work in strict accordance with the applicable drawings and specifications and within the scheduled completion date for his work.

Clause-32 Contractor to preserve peace.

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The contractor shall at all times during the progress of work take all requisite precautions and use his best endeavour to prevent any riotous or unlawful behavior by or amongst the works and other employed on the works and for the preservation of peace and protection of inhabitants and the security of properly in the neighborhood of works. He shall also pay the charges of special police if any that may be deployed for maintenance of peace and law and order at the discretion of the Engineer-in-Charge.

LABOUR

Clause-33 Fair Wages clause Payment of wages to labour.

The contractor shall pay not less than fair wages to labours engaged by him on the work.

Explanation

a) Fair wages means whether for time of piece work notified at the time of inviting tenders for the work and where such wages have not been so notified, the wages prescribed by the competent authority under the minimum wages act for the district in which the work is done. It will be notified in consultation with the officers of the Industrial Relation Machinery located in the respective area and will not be less than the minimum rates of wages fixed by the local Central Government for the class of employees engaged on the type of work in the same area.

b) The contractor shall notwithstanding the provisions of any contract to the contrary cause to be paid fair wages to labours indirectly engaged on the work including any labour engaged by the sub contractor in connection with the said work as if the labours had been immediately employed by him.

c) In respect of all directly or indirectly employed in the works for performance of the contractor‟s part of this agreement, the contractor shall employ with or cause to be complied with the contractor‟s labour regulation made by local/ central Government from time to time in regard to payment of wages, wage period deductions from wages, recovery of wages not paid and deductions unauthorizedly made maintenance of wages books, wages slips, publication of scale of wages and other terms of employment inspection and submission of periodical return and all other matters of alike nature.

d) The Engineer-in-Charge or the officer concerned shall have the right to deduct from the money due to the contractor any sum required or estimated to be required for making good the loss suffered by a workers or workers by reasons of non-fulfillment of conditions of contract for the benefit of the workers, non-payment of wages or of deductions made by him from their wages which are not justified by the terms of the contract or on observance of the regulations.

e) Under the provisions of the minimum wages (central) rules, 1980 the contractor is bound to allow or cause to be allowed to the labourers directly or indirectly employed in the work one day rest for six days continuous work and pay wages at the same rate as for duty in the event of default, the Engineer-in-Charge of sub divisional officer shall have the right to deduct the sum not paid on account of wages for weekly holiday to any labourer, and pay the same of the persons entitled thereto from the Executive Engineer concerned.

f) Vis-à-vis the Haryana Power Generation Corporation Ltd. and the contractor shall be primarily liable to all payment to be made under and or the observances of the regulations aforesaid without prejudice to his right to claim indemnity from his sub contractors.

g) The regulations aforesaid shall be deemed to be part of this contract and any breach thereof shall deemed to be breach of this contract.

Clause-34 Compensation of workers

In very case in which by virtue of the provisions of section 12 sub-section (i) of the workmen‟s compensation act, 1923, the corporation is obliged to pay compensation to a workman employed by the contractor in the execution of the works the Corporation will recover from the contractor the amount of the compensation so paid with prejudice to the rights of the

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Corporation under section-12, sub section (2) of the said act, the Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the Corporation shall not be bound to contest any claim made against it under section 12 sub section (i) of the said act, except on the written request of he contractor and upon his giving to the Corporation fully security for all costs for which the Corporation might become liable in consequence of contesting such claims.

Clause-35 Safety arrangement for labour

In respect of all labour directly or indirectly employed in the work for the performance of the contractor‟s part of his agreement the contractor shall at his own expense arrange for the safety provisions. In case the contractor fails to make arrangements and provide necessary facilities, he shall be liable to pay a penalty of Rs.100/- for each default and in addition the Engineer-in-Charge shall be at liberty to make arrangements and provide facilities as aforesaid and recover the costs incurred in this behalf from the contractor.

Clause-36 Bills to be submitted monthly

A bill shall be submitted by the Contractor each month on or before the date fixed by the Engineer-in-Charge for all works executed in the previous month and the Engineer-in-Charge shall take cause to be taken the requisite measurement for the purpose of having the same verified, and all the claim as far as possible adjusted before the expiry of ten days from the presentation of the bill. If contractor does not submit the bill within the time fixed as aforesaid the Engineer-in-Charge may depute within seven days of the date fixed as aforesaid a subordinate to measure up the said work in the presence of the contractor whose counter signatures to the measurement list will be sufficient warrant and the Engineer-in-charge may prepare a bill for such list.

Clause-37 Bills to be printed forms.

The contractor shall submit all bills on the printed forms at the office of the Engineer-in-Charge and the changes in the bills shall always be entered and rate specified in the tender (unit) price list or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the tender at the rates therein after provided for such work.

Clause-38 Payment of contractor’s bills.

Payment due to the contractor shall be made by crossed cheque; such cheque shall be issued to the contractor on furnishing a stamped receipt for the amount of the cheque or to his authorized representative who has a power of attorney conferring authority of the contractor to receive such payment form the Engineer-in-Charge.

Clause-39 Recovery of Corporation’s dues.

i) Whenever any claim against the contractor for payment of a sum or money arises out of or under the contract. HPGCL shall be entitled to recover such sum by appropriating, in part or whole, the security deposit of the contractor, in the event of the security deposit being insufficient, the balance or the total sum recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to the contractor under this or any other contract with the Corporation. Should this sum be not sufficient to cover the full amount recoverable, the contractor shall pay to the Corporation on demand the balance remaining due. Similarly any sums due to the Corporation from the contractor on account of any other contract shall be recoverable from any sums due to the contractor under this contract.

ii) The Corporation shall have the right to cause an audit technical examination of the works 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 technical examination any sum is found to have been over paid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor shall liable to refund the amount or over payment and it shall be lawful for the Corporation to recover

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the same from him in the manner prescribed in sub clause (i) of this clause or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under the contract in shall be duly paid the Corporation to the contractor.

Clause-40 Appropriation of dues.

Any sum of money due and payable to the contractor including security deposit refundable to him under this contact and set off against any claim of the Corporation may be appropriated by it for the payment of such money arising out of or under any contact made by the contractor with the Corporation.

Clause-41 Sales and other taxes

a) Sales tax/octroi or any other tax in respect of this contract shall be payable by the contractor and the Corporation shall not entertain any claim whatsoever in any respect.

b) If pursuant to or under any law, rules, notification or orders, any royally, cess fee or the like is paid by the Corporation to the State Government/ Local authorities in respect to this contract, it shall be lawful for the Corporation and it will have the right and be entitled to recover the amount paid in the circumstances as aforesaid from the dues of the contractor.

Clause-42 Permits, Fees and Taxes

The contractor shall include in the tender price all tax properly applicable to his preparation. The contractor shall obtain and pay for all permits, licenses or other privileges necessary to complete the work, certificates of which shall be delivered to the Engineer-in-Charge, and will become the properly of the Engineer-in-Charge except the import licenses for imported material required and permits for controlled items will be obtained by the Engineer-in-Charge the requisition for which should be furnished to the Engineer-in-Charge well in advance.

Clause-43 Income Tax, Work Contract Tax and worker’s welfare cess

The income tax, Work Contract Tax and worker‟s welfare cess as applicable from time to time shall be deducted at source from the bills.

Clause-44 EPF

The contractor will deduct and deposit EPF of his labour staff/ worker as applicable from time to time in his own EPF A/c code and then produce a photocopy of documentary evidence of EPF Challan with each R.A. Bill for the concerned period.

Clause-45 Public Liability Cover

The contractor is liable for the Public liability cover/ group insurance for the labour/worker.

Clause-46 ESI

The contractor will deposit ESI Charges and will produce ESI Challan.

Clause-47 Service Tax No.

The contactor shall have service tax no. and service tax shall be paid extra.

GENERAL

Clause-48 Determination and termination of contract

The Engineer-in-Charge may without prejudice of his right against the contractor in respect of any delay or inferior workmanship or otherwise or to any claims for damages in respect of breaches of the contract and without prejudice to any rights or remedies under any of the

27

provision of this contract or otherwise and weather the date for completion has or has not elapsed by notice in writing, absolutely determine the contract in any of the following cases:

i) If the contractor having been given by the Engineer-in-charge a 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 unworkman like manner shall obey to comply with the requirements of such notice for a period of seven days or suspend the execution of the work so that either in judgment of the Engineer-in-Charge (which shall be final and binding) he will be unable to secure completion or he has already failed to complete the work by that date.

ii) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court or creditor to appoint to receiver or manager or which entitled the court to make a winding up order.

iii) If the contractor commits breach of any of the terms & conditions of this contract.

iv) If the contractor has made himself liable for action under any of the case aforesaid, the Engineer-in-Charge on behalf of the Corporation shall have powers:

a) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the contractor under the hand of the Engineer-in-Charge shall be conclusive evidence). Upon such determination or rescission the security deposit of the contractor available within the corporation at such time shall be liable to be forfeited and shall be absolutely at the disposal of the Corporation.

b) To employ labour paid by the DCRTPP thermal project Authorities and to supply material to carry out the works for any part of the work debiting the contractor 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 as if it had been carried out by the contractor under the terms of his contract. The certificate of the Engineer-in-Charge as the value of the work done shall be final and conclusive against the contractor provided always that action under the sub-clause shall only be taken after giving notice in writing to the contractor. Provided also that if the expense incurred by the Corporation are less than the amount payable to the contractor at his agreement rates, the difference shall not be paid to the contractor, in such an event, the security deposit of the contractor available with the Corporation at that the time shall be absolutely at the disposal of the Corporation.

c) After giving 15 days 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 expense which may be incurred in excess of such which would have been paid to the original contractor if the whole work had been executed by him (of the amount of which excess certificate in writing of the Engineer-in-Charge shall be final and conclusive) shall be born and paid by the original contractor and may be deducted from any money due to him by the Corporation under this contract or any other account whatsoever or from his security deposit on the proceeds of the contractor available with the Corporation at that time, shall be liable to be forfeited and shall be absolutely at the disposal of the Corporation.

d) In the event of any one or more of the above cases, 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 engagements or made any advances on account of and with a view to the execution of work of the performance of the contract. And in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work thereto fro actually performed under this contract unless and until the Engineer-in-Charge has

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certified in writing the performance of such work and the value payable in respect thereof and he shall only entitled to be paid the value so certified.

Clause-49 Change in constitution

Where the contractor is a partnership firm, the previous approval is 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 Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the work hereby undertaken by the contractor. If precious approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in contravention of clause 10 hereof and the same action may be taken and the same consequence shall ensure as provided in the said clause 10.

Clause-50 Termination on the death of contractor

Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the Engineer-in-Charge on behalf of the Corporation shall have the option of terminating the contract without compensation to the contractor.

Clause-51 Relatives of contractor in department

No one shall be permitted to tender for the works where any of his near relatives is posted to deal with the day to day duties including passing of bills etc. and who is working in any capacity requiring to give instructions/advice and in particular any officer/ official of the Corporation including the members of the Corporation. Any breach of this condition by any one shall render him liable to be removed from the list of the contractors for the Haryana Power Generation Corporation Ltd., and the work entrusted to him may be terminated thereof without any compensation whatsoever.

Note: By the term near relatives is meant wife/husband, parents and grand parents, children and grand children/brothers and sisters, uncles and cousins and their corresponding-in-laws.

Clause-52 Retired Government servants taking to contract

No engineer of gazetted rank or other gazetted officer employed in engineering or administrative duties in the Engineering Department of the corporation is allowed to work as contractor for a period of two years of his retirement from Corporation‟s service without the previous permission of the corporation. The contract is liable to be cancelled if either the contactor or any of his employees is found at any time to be a person who had not obtained the permission of the Corporation as aforesaid before submission of the tender or engagement in the contractor‟s service as the case may be.

Clause-53 Contractor’s office, stores, workshop etc.

Subject to availability, the Engineer-in-Charge shall at his discretion and for the duration of the execution of the contract make available at site, free of charge land for construction of contractor‟s field office, workshop, stores, assembling yard etc. required for execution of the contract. Leveling and dressing of site, and construction of temporary roads, offices, workshop etc. as per plan approved by the Engineer-in-Charge shall be done by the contractor at his own cost. The area of land required for constructing field office, stores etc. as per this clause shall be indicated separately in the prescribed form of DCRTPP Thermal Power Project Authorities. The payment of final bill shall not be made until and unless the contractor has handed over the vacant possession of land allotted to him for the above purpose.

Clause-54 Security Rules

The project area will be a protected are. The contractor, their employees and labourers will have to follow the security rules as may be imposed from time to time by the Engineer-in-Charge. If contractors, their employees or labourers are found to be reluctant to follow the rules, Engineer-in-Charge will have the right to prohibit such employees from entering into the project area.

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Clause-55 Watching & lighting

The contractor shall provide and maintain at his own cost all lights and watchman where necessary or required by the by the Engineer-in-Charge for the protection of the work or for the safety or convenience of the public or others.

Clause-56 Everything at Contractor’s risk

The contractor shall undertake all risk and liabilities of whatsoever kind arising out of the works including by way of application but not by way of limitation, all risks attended on the nature of the site, the soil, sub soil, the levels and consistency of straia in or on which the works are to be found or constructed. Also all risks of fire, floods, gales or winds, variation of water levels in sub soil, quantities of water to be pumped, discharge of existing water course and rains, traffic delays and other causes, whether in or beyond contractor‟s control, which may affect the works during the construction and all damages which may happen in any way however to the works during their progress shall be made good by the contractor at his own expense.

Clause-57 Site Order Book

The contractor shall maintain the site order book for recording day to day instructions given at site by the Engineer-in-Charge besides keeping a record of weather conditions, staff employed, progress of work etc.

Clause-58 Patent Rights

The contractor shall fully indemnify the Corporation against any action, claim or proceeding relating to infringement of use of any patent or design or any alleged patent of design rights and shall pay any articles or part thereof included in the contract.

In the event of any claim made under or action brought against Haryana Power Generation Corporation Ltd. In respect of any such matter as aforesaid the contractor shall be immediately notified thereof and the contractor shall be a liberty at his own expense to settle any dispute or to conduct any litigation that may arise there from. Provided that the contactor shall not be liable to indemnify the Corporation of the infringement of the patent or design of any alleged patent or design right is the direct result of an order passed by the Engineer-in-Charge in this behalf.

Clause-59 Jurisdiction

Irrespective of the place of delivery, the place of performance or place of payment under contract shall be deemed to have been made at the place from which the acceptance of the tender has been issued. As such the courts of the Jagadhri from where acceptance of this has been issued shall have jurisdiction to decide any dispute arising out of or in respect of contract.

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ARBITRATION

Clause-60 Arbitration

If any question, dispute, difference or objection whatsoever arises in any way connected with or arising out of the instrument or meaning or operation of any part thereof or the rights, duties or liabilities of either party, including the termination of the contractor by either party and correctness thereof, at any stage whatsoever, it shall be referred to the arbitration of the Chairman/Chief Engineer of HPGCL or his nominee not below the rank of a Superintending Engineer subject to the following conditions:

i) That in the first instance, before the matter to arbitration, it shall be referred by the contractor for being settled by the Engineer-in-Charge of the work at the time of such reference in writing. The Engineer-in-charge shall convey his decision or that of the Competent Authority in writing to the contractor within a period of 90 days from such a request in writing by the contractor. The decision given by the Engineer-in-Charge or the competent Authority shall be final and binding upon the contractor except where he moves the Engineer-in-Charge in writing for reference of such a claim or dispute to arbitration within a period of 60 days of his receipt of decision of the Engineer-in-Charge or the Competent Authority in writing. In case the contractor fails to make a writing request within stipulated period, the decision so conveyed to him by the Engineer-in-Charge will be final and will not be a subject matter of arbitration at all. In case the Engineer-in-Charge fails to convey his decision or that of the Competent Authority in writing within a period of ninety days as referred to above, the contractor may make a request to the Chairman within 60 day s of the expiry of the said 90 days to refer the matter to arbitration and the same shall be referred to arbitration in the manner provided hereinafter. The work under the contract shall be stopped and shall continue during the arbitration proceedings.

ii) That reference of dispute or difference referred to above for arbitration to an officer not below the rank of a Superintending Engineer, HPGCL shall be by designation. It will not be a valid objection to any such reference to the arbitration that the arbitrator so appointed is a servant of HPGCL or he had to deal with the matters to which the contract relates or that the said arbitrator has expressed his views on all or any of the matter in dispute.

iii) That in case the arbitrator appointed initially is transferred or dies, his successor in office shall be deemed to be an arbitrator as if he had been appointed initially by the Chairman/ Chief Engineer of HPGCL. In case the arbitrator is unable or unwilling to act as an arbitrator for any reason whatsoever, the Chairman shall be competent to appoint or nominate any other officer not below the rank of a Superintending Engineer as the arbitrator and the arbitrator so appointed shall be competent to proceed with the reference as if he had been appointed as the arbitrate initially.

iv) That no person other than the one appointed by the Chairman HPGCL/ Chief Engineer shall act as an Arbitrator and if for any reason it is not possible to appoint such an arbitrator, the matter shall not be referable to arbitration and the parties shall be at liberty to avail of civil remedy.

v) The arbitrator shall give a reasoned & speaking award in case the total amount allowed to either party against the other in the award exceeds Rs. ........./-. In case the award is below a total sum of Rs. ........./-, it shall be upto the arbitrator to give a reasoned or not. The arbitrator shall give his award each claim separately made by either party, whether originally or as a counterclaim.

vi) That the arbitrator shall hear the claims and counter claims put forward by both the parties notwithstanding that any particular party got the any particular party got the arbitrator appointed. This shall be subject to the provisions of this arbitration clause as a whole.

vii) In case the party invoking the arbitration is the contractor, the reference for arbitration

shall be maintainable only after the contractor furnishes to the satisfaction of Engineer-

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in-Charge a case security deposit @ 30% of the total amount claimed by him. The sum so deposited by the contractor shall on the termination of the arbitrator proceedings, be adjusted against the cost if any, and any amount awarded against the contractor. The remaining amount shall be refunded to the contractor. The remaining amount shall be refunded to the contractor within one month from the date of the award.

viii) That the stamp fee due on the award shall be payable by the party at the discretion of the arbitration and in the event of such of such party failing to pay the stamp, it shall be recoverable from any sum due to such party under this contract or any other contract.

ix) The venue of the arbitration shall be such place or places as may be fixed by the arbitrator from time to time at his sole discretion.

x) Neither party shall be entitled to bring a claim for arbitration if no move in writing for that purpose to the Chairman/ Chief Engineer has been made within 6 months.

a) Of the date of completion of work as certified by the Engineer-in-Charge or

b) Of the date of abandonment of the work or

c) Of its non commencement within 6 months from the date or abandonment or written order by the Engineer-in-Charge or his representative to commence the work as applicable or

d) Of the completion of the work through any alternative agency or means after withdrawal of work from contractor as a whole or in part and/or recession, or

e) Of receiving any information from the Engineer-in-charge that final payment due to or recovery from the contractor has been determined.

Whichever of (a) to (e) above is the latest I the matter of time.

If the matter is not referred to the arbitration within the period prescribed above, all the rights and claims of the parties against each, under the contract shall be deemed to have been forfeited or satisfied and barred by limitation.

xi) That the pendency of arbitration proceeding shall be dis-entitle the HPGCL or the Competent Authority to determine the Contract and make alternative arrangements for completion of work. This shall be subject to the liabilities of the parties towards each other under this contract.

xii) The arbitration shall be deemed to have entered the reference on the day fixed by the arbitrator for the appearance of the parties from the first time. The time for making and publishing the award by the arbitrator may be extended from time to time with the mutual written consent of the party.

xiii) Subject to the stipulation made in this clause, the arbitration proceeding shall be conducted in accordance with the provision of the Arbitration Act, 1996.

Note: Competent Authority means HPGCL, Full Time Members or Thermal Standing Committee, Hydel Standing Committee or Thermal Purchase Committee or Hydel Purchase Committee or Chief Engineer- in- charge according to financial implication involved and the competency under delegation of powers. Engineer-in-Charge means the Executive Engineer or the Chief Engineer or the engineer under whom the work is executed.

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IMPLEMENTATION OF LABOUR LAWS BY THE CONTRACTOR

Clause-61 Registration of Establishment (DCRTPP) & obtaining the Labour License Renewal

The Registration of DCR Thermal Power Plant with the list of working Contractors is required under Section-7 of Contract Labour Act, 1970. the name of working Contractor must be on the list of Contractors otherwise he (Contractor) will not get Labour License/ Renewal from the Labour Department, Haryana Govt. So as and when the work is awarded to the contractor other then included in the list of contactors attached with the Registration of DCR Thermal Power Station, the contractor will be ensure that his name on the prescribed Performa is intimated to the Centralized Agency by the officer in- charge of the work for getting his name including in the said list.

Further after the needful, the contractor will be under obligation to obtain labour license/ its renewal under section 12 of ibid Act from the Labour Department. Haryana Govt. by completing the requisite formalities.

Clause-62 Payment of wages to the workers deployed on the work Under Section 63 to 73 of Contract Labour Act-1970

The contractor will be bound to pay wages to the workers deployed by him on the work as per minimum wages fixed by the Labour Department, Haryana Govt., Chandigarh and follow revision from time to time. He will display on the notice Board of his site office, the date of making monthly wages payment which should be on or before 7th of every month. The payment shall be made in currency & coins in the presence of authorized representative of the Principal Employer/official from the Labour Department, Haryana Govt. In case of default, the contractor will be liable for prosecution under the ibid Act.

Clause-63 Maintaining the Registers and records Under Section – 74 to 78 (a to d) of Contact Labour Act – 1970.

The contractor shall maintain necessary records under the provisions of ibid Act viz. Register of workman employed (Section – 75), Issuing of Employment Cards (Section 76), Service Certificate (Section 77), Register of deduction, Register of advance, Register of fines, Issuing of Wages Slips, etc., the same shall be made available with the site incharge of the work or authorized representative of the contractor for checking/ inspection as and when required by the officer in-charge of production of the above Registers/ forms, under Section 23-24 of the ibid Act will be treated as offence and contractor will be liable for prosecutions by the Labour Department, Govt. of Haryana.

Clause-64 Age limit of the workers.

No labour below the prescribed limit of age i.e. 18 years and above 60 years shall be employed by the contractor on his allotted works.

Clause-65 Compliance of various Labour Acts.

The contractor shall abide by all the labour laws required to be followed and he shall furnish an undertaking on NJSP of appropriate value duly attested by the Notary Public to the effect that he will comply with al the Acts, laws and Regulations as may be applicable with regard to performance of work including Factory Act – 1948, Industrial Dispute Act – 1947, Employees State Insurance Act – 1948, Employee Provident Fund Act – 1952, Payment of Wages Act – 1936, Minimum wages Act – 1948, Contract Labour Act (R & A, 1970) Workmen compensation Act – 1923 and other rules and regulation as framed by the Central/ State Govt. in this regard from time to time.

B) The contractor shall also specify in the above undertaking that all the labour/ employees of the contractors for all intents and purposes and shall have no claim/ right on the HPGCL. All the risks, responsibilities and liabilities towards his labour shall be owned by him. The contractor will take such steps as may be directly responsible for any dispute arising between him and his labour/ workmen and keep the HPGCL and its officers indemnified from and against all losses, damages and any claim/ liability arising there from. Under no circumstances whatsoever, HPGCL would be held responsible in respect of contractor‟s

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workers. In case any expenditure is incurred by HPGCL as a result of certain due on the part of the contractor‟s labour or otherwise, the HPGCL is entitled to recover such dues/compensation from the contractor‟s pending payments bills or through court of law.

C) Besides the above, the contractor shall obtain an affidavit on the NJSP value duly signed and witnessed by him under his seal and duly attested by the Notary Public from his each and every individual worker/ employee that they will not claim any employment in HPGCL, in lieu of services renders by them to the contactor namely M/s_________________________________________ against Work Order No. ________________________ dated ______________ and all the disputes. Whatsoever and of any nature, will be settled by their contactor who has engaged them. These affidavits along with his own undertaking as per para –A&B above, shall be submitted by the contractor to the Officer-in-Charge (for ARC/AMC).

Clause-66 Deposit of EPF contribution of the workers along with Employer Share.

It is statutory obligation for the contractor to deduct EPF contribution for the employee drawing wages up to Rs.6500/- per month. The rate of deduction i.e. 12% on the minimum wages fixed of the labour by the Govt. or actual wages drawing (i.e. basic pay + DA + cash value of food concession + leave encashment) and deposit the same with his share @ 12% (8.33% in pension fund & 3.67% in employees contribution) and deposited the same with the EPF Department with 1.61% administrative charges in their allotted EPF code upto 15th of due month failing which interest and damages will be charged. Copy of the deposit challan for 25.61% as mentioned above shall be submitted alongwith running bills in the office of officer in charge of the work by the contractor. The monthly return on R-1 form by mentioning the social security No. of each worker which may be obtained from EPF Department shall also be submitted in the office of Regional Commissioner and copy of the same shall be submitted to the officer in-charge of the work/ Account Branch. The contractor possessing the EPF code of out of State of Haryana where R-1 form is not applicable/ introduced, they will supply the Form 3A, 6A, 12A, 5, 10 as applicable in that State by the EPF Department. It is responsibility of the contractor to make the inspection of record of deposit of EPF contribution of their labour from the EPF Department and copy of the same will be submitted to the officer in-charge of work/ Accounts Branch. The contractors having out of state EPF code will also get their record inspected from Local EPF office

Clause-67 Deposit of ESI Contribution of the workers along with Employer Share.

It is statutory requirement for the contractor under ESI Act, 1948 that the workers drawing gross wages up to Rs.15000/- 1.75% contribution is deducted from the wages of such worker and deposit along with Employer share of 4.75% i.e. total 6.5% with the authorized bank/ branches of ESI Department by the contractor to cover their workers under ESI scheme upto 21st of due month, otherwise, interest and damage will be charged on deposit of delayed payment. The contractor will get their ESI code.

It is also responsibility of contractor to get the facilities as provided under ESI scheme, extended to their workers viz, issuance of ESI Cards, filing the Returns on prescribed Form – 6 on due dates i.e. 12 May, 11 November, every year in local ESI office, otherwise he will be prosecuted by the ESI Department as provided in the ibid Act. In case of non issuance of ESI Cards, workers will not get medical facilities/pension benefits to widow which are provided by ESI Deptt. & contractors will be responsible for consequences.

Clause-68 Deposit of Labour Welfare Fund along with Employer share.

In pursuance of Haryana Govt. Labour Department Gazette Notification dated 4th April, 2007, the contractors are required to deduct Labour Welfare Fund @ Rs.5 from each worker and deposit the same with Employer‟s share @ Rs.10/- per worker (total Rs.15/- each worker) with the Welfare Commissioner, Haryana, Chandigarh in shape of Demand Draft in their favour along with list of workers for whom the same is being deposited. The copy of proof in this respect shall be submitted along with bills to officer-in-Charge/ Account Branch.

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Price Bid (Part – II)

Development of Park on LHS of Main Road in DCRTPP Colony Yamuna Nagar

Sr. NO.

Description Quantity Rate Amount

1 Supply of Bottle Palm (4' to 5' height) 30

2 Supply of Washingtonia Palm ( Leaves 3' to 4' ht.)

20

3 Supply of Roses (Different Variety) 1500

4 Supply of Pulmeria Alba (4' to 5' height) 12

5 Supply of Cycus Palm (Leaves ht. 2') 20

6 Supply of Ficus Benjamina (Ht. 3' to 4') 40

7 Supply of Arocaria (ht. 2' to 3') 4

8 Supply of Golden Bottle Brush (ht. 4') 12

9 Supply of Copper bottle brush (ht. 4') 12

10 Supply of Kaner Dwarf 100

11 Supply of Anermy Hedge 2000

12 Supply of Durranta 2000

13 Supply of Hamelia 2000

14 Supply of Motia 50

15 Supply of Raat ki Rani 10

16 Supply of Behonia (Black Eye) (ht. 2' to 3') 6

17 Supply of Anthrina (4' to 5' height) 6

18 Supply of Casia Frostula (Ht. 3' to 4') 6

19 Supply of Largestonia flos Rajni (ht. 2' to 3')

6

20 Supply of Cacutta Champa (ht. 2') 6

21 Supply of Arica Palm 30

23 Supply of good Earth in Cum 200

24 Supply of Grass ( Selection no. 1) for mounds

50

25 Supply of Burmi Compost in bags 50

26 Supply of Chloro- by -phas in ltr. 10

27 Supply of melathine perthine dust in Kg. 20

28 Plantation of all kinds of plants including making beds

1870

29 Plantation of all kinds of hedges including making beds

6000

30 Labour for making mounds L/s

Add maintenance for one month L/s

Total

Signature of Contractor