IHC, PORT LOUIS, MAURITIUS

CONTRACT DOCUMENT
for
“DEVELOPMENT OF INFRASTRUCTURE
WORK FOR PROJECT-2”

(Volume- 8/8)

TENDER No: RITES/AP/MEA-2/2018

(A Govt of India Enterprise)

w f r a R lt c r t; fte o p t- e ■ ■
-

AIRPORTS DIVISION, RITES OFFICE COMPLEX-II,

RITES BHAWAN, PLOT NO-144, SECTOR-44,
GURGAON -122003
CTURE^at
 RITE
TENDER DOCUMENT
for
““DEVELOPMENT of INFRASTRUCTURE at
AGALEGA Island, MAURITIUS”

A U T H E N T IC T E N D E R D O C U M E N .PART - 3 (RITES GCC)

S E T N O .... ......................
IS S U E D T O .........

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N »E R N o : RITES/AP/MEA-2/2018

(A Govt of India Enterprise)

AP DIVISION, RITES OFFICE COMPLEX-II,
RITES BHAWAN, NO-144, SECTOR-44, GURGAON - 122003.
 RITES

GENERAL CONDITIONS OF
CONTRACT FOR WORKS

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P A R T - 3 (G C C )

RITES LTD.
GENERAL CONDITIONS OF CONTRACT FOR WORKS

CONTENTS

[Link]. Details Page

SECTION No 7 Conditions of Contract > —t \
SECTION No 8 Clauses of Contract 175-
SECTION No 9 RITES Safety Code H i-IS j
SECTION No 10 RITES Model Rules for Protection of ig
Health and Sanitary Arrangements for
Workers.
SECTION No 11 RITES Contractor’s Labour Regulation 11

N ote: Section Nos. 1 to 6 and Financial Bid (Schedule of Quantities) are contained in
RITES Tender and Contract Document which is issued to the Tenderers as a
bidding set in case of physical (hard copy) bidding process.
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S ’"

P A R T - 3 (G C C )

S ectio n - 7

CONDITIONS OF CONTRACT
Before Issue A fte r Receipt
Insertions (1)................. -1 .u Insertions ( I) .................. ;
Corrections (C R ).......... S ^ 2- Corrections (C R ).......... '
Cutting (C T )................. Cutting (C T )............... h i i
Omissions (O M )........... I v Omissions (O M )........... / JPZXW
Over Writing (O W )..... ^ yT* Over W riting (O W )........' ^ "

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D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

SECTION - 7

CONDITIONS OF CONTRACT

Definitions:

1. The Contract means the documents forming the tender and

acceptance thereof and the formal agreement executed between
the competent authority on behalf of the Employer and the
Contractor, together with the documents referred to therein
including these conditions, the specifications, designs, drawings and
instructions issued from time to time by the Engineer-in-Charge and
all these documents taken together, shall be deemed to form one
Contract and shall be complementary to one another.

Meaning of Expressions

2. In the Contract, the following expressions shall, unless the context

otherwise requires, have the meanings, hereby respectively assigned
to them:

(i) The expression works or work shall, unless there be something

either in the subject or context repugnant to such construction,
be construed and taken to mean the works by or by virtue of the
contract contracted to be executed whether temporary or
permanent, and whether original, altered, substituted or
additional.

(ii) The Site shall mean the land/or other places on, into or through
which work is to be executed under the Contract or any adjacent
Before Issue A fter Receipt
Insertions ( I) insertions(I)..... .
Corrections (C R ) Corrections (C R )..........
Cutting (C T ). Cutting (C T )...............
Omissions (O M ) Omissions (O M )...... .^r. ____ .
O ver W riting (O W Over Writing (O W ^ T .... J g & l U ''V '
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ”

P A R T - 3<GCC)

land, path or street through which work is to be executed under

the Contract or any adjacent land, path or street which may be
allotted or used for the purpose of carrying out the Contract

(iii) The Contractor shall mean the individual, firm, company or joint
venture (if allowed), whether incorporated or not, undertaking the
works and shall include the legal personal representative of such
individual, or the persons composing such firm, company or joint
venture (if allowed) or the successors of such firm, company or
joint venture (if allowed) and the permitted assignees of such
individual, firm, company or joint venture (if allowed).

(iv) The Employer means the organization as mentioned in

Schedule T ’ represented by R IT ES Ltd. for and on behalf of it,
as an Agent/Power of Attorney Holder.

(v) The Engineer-in-charge means the Engineer Officer of R IT ES

Ltd. acting for and on behalf of the Employer as Agent/Power
of Attorney Holder and who shall supervise and be in-charge
of the work and who shall sign the Contract on behalf of the
Employer, as mentioned in Schedule ’F' hereunder.

(vi) The Engineer means the person to whom the Engineer-in-

charge entrusts as his authorised representative his
responsibility to act on his behalf and perform any or all the
functions of the Engineer-in-Charge under the Contract.

(vii) Accepting Authority shall mean the authority mentioned in

Sch ed u le'P.

(viii) Excepted Risks are risks due to war (whether declared or

not), invasion, act of foreign enemies, hostilities, civil war,
any acts of Government and other causes over which the
contractor has no control and accepted as such by Accepting
Before Issue A fter Receipt
Insertions ( I) ................. »i Insertions (I).
Corrections (C R ).......... L Corrections (C R ).
Cutting (C T ).. ........... Cutting (C T)..
Omissions (O M )........... I Omissions (O M ).
Over Writing (O W ). O ver W riting (O W )../ ..
M11’* f, V

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P A R T -3<GCC)

Authority or causes solely due to use or occupation by the

Employer of the part of the works in respect of which a
certification of completion has been issued or a cause solely due
to Employer’s faulty design of works.

(ix) Market Rate shall be the rate as decided by the Engineer-in-

charge on the basis of the cost of materials and labour at the site
where the work is to be executed plus the percentage mentioned
in Schedule 'F* to cover all overheads and profits.

(x) Schedule (s) referred to in these conditions shall mean the

relevant schedule (s) annexed to the tender papers or the
Standard Schedule of Rates mentioned in Schedule 'F*
hereunder, with the amendments thereto issued up to the date of
receipt of the tender.

(xi) Specifications means the Technical specifications to be followed

by the Contractor on the work to be executed.

(xii) Tendered value means the value of the entire work as

stipulated in the letter of award.

'xiii) Date of commencement of the work: It will be the date arrived

at after providing for the Mobilization period as stipulated in
Schedule F or the first date of handing over of site whichever is
later. Time allowed for execution of the work will be reckoned
from the Date of commencement of works.

^ (xiv) Stipulated date of completion: It is the date arrived at by adding

^^ the time allowed for completion as specified in Schedule ‘F’ to the
date of commencement of the work.

Before Issue A fter Receipt

Insertions ( I) .......... Insertions ( I ) .........
Corrections (C R ).... Corrections (C R )....
Cutting (C T ).......... Cutting (C T )......
Om issions (O M ).... Omissions (O M ).
Over W riting (O W ) Over W riting (O W )/ .

///
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P A R T - 3 <GCC>

(xv) Replacement Cost means (a ) tendered value plus (b) cost of

materials supplied by the Employer (assessed cost of such
materials if the materials are supplied free of cost) plus 10% of
both (a) and (b).

Scope and Performance

3. Where the context so requires, words imparting the singular only

also include the plural and vice versa. Any ■. reference to
masculine gender shall whenever required include feminine gender
and vice versa.

Headings and Marginal Notes

4. Headings and Marginal notes to these General Conditions of Contract

shall not be deemed to form part thereof or be taken into
consideration in the interpretation or construction thereof or of the
Contract.

Documentation to be supplied to the Contractor

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

W orks to be carried out

6. The work to be carried out under the Contract shall, except as

otherwise provided in these conditions, include all labour, materials,
tools, plants, equipment and transport which may be required in
Before Issue
Insertions ( I) ...... Insertions (I).
Corrections (CR). Corrections (C R ),
Cutf:— Cutting (C T ).....
Om: Omissions (O M ).
Ove Over W riting (O W ).

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 D E V E L O P M E N T o f IN F R A S T R U C T U R E ai A G A L E G A Island. M A U R IT IU S ’

P A RT - 3 (G C C )

preparation of and for and in the full and entire execution and
completion of the works. The descriptions given in the Schedule of
Quantities (Part 2 of GCC-Financial Bid) shall, unless otherwise
stated, be held to include wastage on materials, carriage and
cartage, carrying and return of empties, hoisting, setting, fitting and
fixing in position and all other labours necessary in and for the full
and entire execution and completion of the work as aforesaid in
accordance with good practice and recognized principles.

Sufficiency of Tender

7. The Contractor shall be deemed to have satisfied himself before

tendering as to the correctness and sufficiency of his tender for the
works and of the rates and prices quoted
in the Schedule of Quantities, which rates and prices shall, except as
otherwise provided, cover all his obligations under the Contract and
all matters and things necessary for the proper completion and
maintenance of the works.

Discrepancies and Adjustment of Errors

8. The several documents forming the Contract are to be taken as

mutually explanatory of one another, detailed drawings being
followed in preference to small scale drawings and figured
dimensions in preference to scale and Special Conditions in
preference to General Conditions.

8.1 In the case of discrepancy between the Schedule of Quantities, the

Specifications and/or the Drawings, the following order of preference
shall be observed:

Before Issue *
Insertions ( I ) .....
Corrections (C R )
Cutting (C T ).....
Omissions (O M )
Over W riting (O ’
D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

i. Description of Schedule of Quantities.

ii. Technical Specifications and Special Conditions/Specifications, if

any.

iii. Drawings

iv. CPW D
Specifications

v. Indian Standard Specifications of B IS.

8. 2 If there are varying or conflicting provisions made in any one

document forming part of the Contract, the Accepting Authority shall
be the deciding authority with regard to the intention of the document
and his decision shall be final and binding on the Contractor.

8. 3 Any error in description, quantity or rate in Schedule of quantities

or any omission there from shall not vitiate the Contract or release
the Contractor from the execution of the whole or any part of the
works comprised therein according to drawings and specifications
or from any of his obligations under the Contract.

Signing of Contract

9. (a) The successful tenderer /Contractor, on acceptance of his

tender by the
Accepting Authority shall, within 28 days from the Letter of
Acceptance of the work
sign the Contract consisting of:

Befo
Inser
Com
Cutti
Omi:
Over
D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Islind, M A U R IT IU S "

PA R T - 3 (G C C )

(i) the Notice Inviting Tender and Instructions to Tenderers, ail the
documents including drawings, if any, forming the tender set as
issued at the time of invitation of tender and acceptaa^a thereof
together with any correspondence leading thereto.
(ii) General Conditions of Contract for works, issued to the
bidder(s), consisting o f:

Conditions of Contract
Clauses of Contract
- R IT ES Safety Code / Government of the Republic of
Mauritius applicable for site of works.

R IT ES Model Rules for the protection of health and

sanitary arrangements for workers / Government of
the Republic of Mauritius applicable for site of works.

R IT ES Contractor's Labour Regulations / Government of

the Republic of Mauritius applicable for site of works.

(b) Each page of the Contract Agreement should be signed by the

Engineer-in-Charge and the Contractor's authorized signatory. If
there are any corrections, cuttings, omissions, over writings,
insertions etc (after issue of Tender Document) their number
should be clearly mentioned on each page of the Contract
Document before signing.

(c) No payment for the work done will be made to the

Contractor till the Contract Agreement is signed by the
Contractor and Performance Guarantee and Additional

Before Issue A fter Receipt

Insertions ( I ) ................. /j Insertions ( I) .................
Corrections (C R ).......... I Corrections (C R ).......... If
Cutting (C T )................. 1 Cutting (C T )................. P &
Omissions (O M )........ , .f - Omissions (O M )......... y '
O ver Writing (O W ) A .i.U j? Over W riting ( O W ) y l..

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P A R T - 3 (G C C )

Performance Guarantee (if applicable) have been submitted by

the Contactor.
10. Miscellaneous Conditions of Contract

(i) The Contractor whose tender is accepted will be required to

submit an irrevocable Performance Guarantee of 5% (Five
Percent) of the tendered amount and Additional Performance
Guarantee, if stipulated, for an amount specified in the Letter of
Acceptance in any of the forms stipulated in Clause 1 of
Clauses of Contract with in the period specified in Schedule ‘P .
In addition, towards Security Deposit a sum at the rate of 5% of
the gross amount of each running bill will be deducted till the
sum along with the sum already deposited as Earnest Money
will amount to Security Deposit of 5% of the tendered value of the
work. However the Earnest Money Deposited in the form of BG
of the will be returned to the successful bidder as & when
equivalent sum ( Rs 14.00 Cr IN R) is recovered from RA Bills
in the form of Security Deposit.
(ii) On acceptance of the tender, the name of the accredited
representative(s) of the Contractor who would be responsible
for taking instructions from the Engineer-in- Charge shall be
communicated in writing to the Engineer-in-Charge.

(Hi) In case the tender for this work includes in addition to building
work all other works such as sanitary and water supply
installations, drainage installation, electrical work, landscaping
work, roads and paths etc, the tenderer must associate
^ Jijm self with agencies of appropriate^dass/Govemment Licensed
^Agencies after prior approval of Engineer-in-Charge. j

The Contractor shall comply with the provisions of the

(iv)
Apprentices Act 1961, and the rules and orders issued there
under from time to time. If he fails to do so his failure will be a
breach of the Contract and the Engineer-in-Charge / the
_______ Employer may in his discretion without prejudice to any other
Before Issue
Insertions ( I ) ...... Insertions (I)....
Corrections (C R ). Corrections (C R )
Cutting (C T ).......... \o Cutting (C T )....
Omissions (O M ) Omissions <OM)
Over W riting (O ' V Over Writing (O

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P A R T - 3 (G C C )

right or remedy available in law cancel the Contract. The

Contractor shall also be liable for any pecuniary liability arising
on account of any violation by him of the provisions of the said
Act.

Before Issue A fter Receipts

Insertions (I) Insertions ( I ) .................
Corrections (CR). Corrections (C R ).......... \y
Cutting (C T )
ft Cuttir^g (C T )...............
Omissions (OM ). Omissions (O M )...... r
Over W riting (O W ). Over W riting (O W )/ :....

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S e c t io n - 8

12.
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P A R T - 3 (G C C )

CLAUSES OF CONTRACT
SECTION - 8
CLAUSES OF CONTRACT

CONTENTS

CLAUSE NO. SUBJECT

I Perform ance G uarantee

1A Recovery of Security Deposit

2 Com pensation for Delay

2A Incentive for early com pletion

3 When C ontract can be Determ ined

3A Action in case of delay in start of work

4 Contractor liable to p ay com pensation even if action not

taken under Clause 3

5 Time and extension for Delay

5A Shifting of Stipulated D ate of Com pletion

6 Measurem ent of work Done

6A Com puterized Measurem ent Book

7 Paym ent on interm ediate Certificates to be regarded as

Advances

8 Com pletion C ertificate

8A Contractor to keep Site C lean

8B Com pletion Plans and O perating/M aintenance M anual to be

submitted by the Contractor

Before Issue A fter Receipt

Insertions (I). Insertions ( I) .................. /
Corrections (C R ).......... Corrections (C R ).......... . ,
Cutting (C T )................. Cutting (C T ).................. Y
Omissions (O M ).......... i I Omissions (O M )......
Over W riting (O W )..... J fcs*1 ' Over Writing(OW).<^T...
\'./-ON

■ 2606 j ^
v '

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2 6 JUN 2018
rpCR7S0^xS^
 P A R T - 3 (G C C )

9 Paym ent of Final Bill

9A Paym ent of Contractor’s Bill to Banks

10 M aterials supplied by the Employer

10 A M aterials to b e provided by the Contractor

10B Secured Advance on Non-perishable Materials. Mobilization

A dvance, Plant M achinery & Shuttering M aterial Advance,
Interest & Recovery

IO C Paym ent on Account of Increase in Prices/Wages due to

Statutory Order (s) - DELETED

10 CA Paym ent due to variation in prices of materials after receipt of

tender - DELETED

10 CC Paym ent due to increase/decrease in prices/wages after

Receipt of Tender for Works

10 D Dismantled M aterial Employers’ Property

11 Work to be Executed in A ccordance with Specifications,

Drawings, Orders etc.

12 Deviations/Variations Extent and Pricing

13 Foreclosure of Contract due to Abandonment or Reduction in

Scope of Work

14 Taking aw ay part work due to default of the contractor and

recovery of additional cost

15 Suspension of Work

16 Action in case Work not done as per specifications

17 Contractor Liable for Dam ages, defects during m aintenance

period and Refund of Security Deposit

18 Contractor to Supply Tools & Plants etc.

18 A Recovery of Compensation paid to Workman

18 B Ensuring Paym ent and Amenities to Workers if Contractor fails

19 Labour Laws to be com plied by the Contractor

Before Issue A fter Receipt

Insertions (I) Insertions ( I) .................. ,
Corrections (C R ) Corrections (C R ).......... /
Cutting (C T ) Cutting (C T )..............
Omissions (OM ). Omissions (O M ).
Over W riting (O W ) Over W riting (O W )./ ...

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PA R T - 3 (G C C )

19 A Employment of Under-age Labour

19 B Paym ent of w ages

19C Com pliance with provisions in Safety C ode

19 D Submission of Fortnightly Labour Report

19 E Com pliance with the Rules on Health and Sanitary

arrangements

19 F Maternity Benefits

19 G Action in case of Non-observance of Rules and Regulations

19 H Provision of Labour Cam p with Amenities

191 Com pliance with instructions on rem oval from site of

undesirable person

19 J Unauthorized occupation of building during construction

20 Minimum W ages A ct to be com plied with

21 Work not to be sublet. Action in case of insolvency & illegal

Gratification etc.

22 Paym ent of Com pensation

23 Changes in firm’s Constitution to be intim ated

24 Execution of works under the Direction of the Engineer-in-

Charge

25 Settlem ent of Disputes & Arbitration

26 Contractor to Indemnify the Employer against Patent Rights

27 Lump sum Provisions in Tender

28 Action w here no Specifications are specified

29 With-holding and lien in respect of sums due from Contractor

29 A Lien in respect o f claim s in other Contracts

Before Issut A fte r Receipt

Insertions ( I) ............... Insertions ( I) .................. s
Corrections (C R )......... Corrections (C R )........... / f
Cutting (C T )............... Cutting <CT).................. \V/
Om issions(OM ).......... Omissions (O M )......... . y v
Over Writing (O W )...... ... Oyer W ritin g (O W ).,Z ..
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P A R T - 3 <GCC)

CLAUSE NO. SUBJECT

30 Em ploym ent of co a l mining or controlled area labour not

permissible

31 Unfiltered w ater supply required for the work

31 A Em ployer’s w ater supply, if availab le

32 Alternate w ater arrangem ents

33 Return of Surplus M aterials

34 Hire of Plant & M achinery

35 Conditions relating to use of asphaltic materials

36 Em ploym ent of Technical Staff an d em ployees

37 Levies/Taxes/Cesses p ayab le by Contractor

37A Royalty p ayab le on Minor M inerals - Em ployer to be

indem nified

38 Conditions for reimbursement of levy/tax/Cess if levied

after receip t of tenders

39 Termination of Contract on d eath of Contractor

40 If a relative working in the Em ployer’s Organization then

the Contractor not allow ed to tender

41 No G azetted Engineer to work as Contractor within one

year of retirem ent

42 Return of m aterial and recovery for excess m aterial issued

43 Com pensation during warlike situations

44 Apprentices A ct provisions to be com plied with

45 Release of Security Deposit after Labour O fficer clearance

45 A Release of Security Deposit after C learan ce by State

Before Issue A fter Receipt

Insertions (1)................. « Insertions ( I) .................
Corrections (C R ).......... I f iiu Corrections (C R ).......... f
Cutting (C T )................. Cutting (C T )................
Om issions(O M )........... Omissions (O M )........... ,V
Over W riting (O W )..... „ J ^ Over Writing (O W )

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P A RT - 3 (G C C )

Governm ent Authority for M ineral Extraction

46.0 G eneral Obligations of the Contractor

46.1 Contractor’s G eneral Responsibilities

46.2 Giving Notices and Paym ent of Fees

46.3 Com pliance with Statutes, Regulations, etc.

46.4 Fossils etc.

46.5 Opportunities for other Contractors

46.6 Interference with Traffic and adjoining properties

46.7 Highways Traffic

46.8 W atching and Lighting

Before Issnc A fter Receint

Insertions ( I) ..................n Insertions ( I) ................. y
Connections <CR).......... Corrections (C R ).......... r
Cutting (C T ).................. ^ Cutting (C T )..............y
Omissions (O M )........... Omissions (O M )........ y ''
Over Writing (O W )...... Over W riting (O W ^ / .„

M/
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 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T - 3 (G C C )

CLAUSE NO. SUBJECT

46.9 W ay leaves e tc.

46.10 Site O ffice for the Em ployer

46.11 Electricity Supply required a t the works

46.12 Land for C ontractor’s Offices, Godow n, Workshop

46.13 & Land for Labour Accom m odation

46.13A

46.14 Excavated M aterial

46.15 Production of vouchers etc by the Contractor

46.16 Law governing the Contract

46.17 Court Jurisdiction

47.0 Insurances to be taken by the C ontractor & Em ployer to

be indem nified

47.1 Insurance of Works etc

47.2 Third Party Insurance

47.3 Workmen’s Insurance

47.4 Recovery from the Contractor

47.5 Shortfall in paym ent to Contracor by the Insurance

Com pany

47.6 Insurance by Sub-Contractors

47.7 Period of Policies

47.8 Rem edy on Contractor’s Failure to Insure

47.9 Dam age to Persons and Property - Em ployer to be

indem nified

48.0 Safety and Security

Before Issue A fter Receipt ,

Insertions ( I) ................... i Insertions ( I) .......... ....... I
Corrections (C R ).......... m Corrections (C R ).......... ^ \ /
Cutting (C T )............ Cutting (C T )............... H
Omissions (O M )...... Omissions (O M )........ q
Over Writing (O W ).. Over Writing (O W )./ ...
V
 D E V E L O P M E N T o flN F R A S T R U C T U R H al A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

48.1 Codes etc to b e com plied with

48.2 First Aid & Industrial Injuries

48.3 G en eral Safety Rules

48.4 A ccidents - Precautions a t Worksite

48.5 Electrical Equipm ents - Precautions

48.6 M aintenance of Safety D evices

48.7 Personal Safety

48.8 Storing Fuel, Oil and Lubricant

48.9 Fire Extinguishing

Before la m A fter Receipt

Insertions ( I) ............................ 4 Insertions ( I) .................
Corrections (C R ).......... G r ille Corrections (C R )..........
Cutting (C T ).................
Omissions (O M )...........
. .
I? Cutting (C T )................. . * \ S
Omissions (O M )......... ^ 0 •
’ .
O ver W riting (O W )..... }«•* Over Writing (OW).^<\.. ■
 CLAUSE NO. SUBJECT
48.10 Fire Precautions

48.11 Protection arrangem ents a t work site

48.12 Safety Arrangem ents for labour

48.13 Safety M anual

48.14 Accidents - Reporting

48.15 Security Measures

49.0 Q uality Assurance

49.1 Submission of Q uality Assurance M anual

49.2 G uidance in preparation

50.0 Ecological Balan ce

51.0 Execution of Works

51.1 Mobilization

51.2 Setting out of Works

51.3 Boreholes and Explanatory Excavation

51.4 Temporary Works

51.5 Plant, Temporary Works & Materials - Exclusive use

51.6 Use of Site only for Works

51.7 Nam e Board a t Site

51.8 Site Drainage/Cleaning/Nuisance

51.9 Disposal of Rubbish

51.10 Shift Working

51.11 Urgent Repairs

Before Issue A fter Recei

Insertions (I) ................. .. Insertions ( I ) ..........
Corrections (C R ).......... L fsjlv— Corrections (C R )..................... ,y
Cutting (C T ).................. Cutting (C T )...............
Omissions (O M )........... I ^ ^ Omissions (O M ).........7V
Over Writing (O W )...... yV* Over W riting (O W ).
/ //<£

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 51.12 Contractor to Search

52.0 Program m e and Perform ance

52.1 Review of Program m e

52.2 Progress Reports

52.3 M aintenance of Records & Registers

52.4 Site Co-ordination M eetings

52.5 Site O rder Book

52.6 Progress Photographs

53.0 Inspection of Work

53.1 Site Access

53.2 Exam ination of Work before covering up

53.3 Uncovering and Making O pening

54.0 Q uality Audit

55.0 Sam ple Floor

Before Issue A fter Receipt

Insertions ( I ) ........... Insertions ( I) ..................
Corrections (C R ).......... L pM*-» Corrections (C R ).......... ,-^y /
Cutting (C T )................. L a m ^ Cutting (C T ).............. .
rT
Omissions (O M )........... Omissions (O M )..... y / .
Over W riting (O W ).. Over Writing (O W )/ .... /-K./’-V

2614
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D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

ANNEXURES
CLAUSE No. SUBJECT
REF.

1 (0 Annexure - “A ”. Form of Perform ance Security Bank

G u aran tee Bond

1A Annexure - “A -l ".Form of Bank G uarantee for replacing

Security Deposit from cash to B.G

5.1(b) Arinexurc - “A-2”, Form of Bank Guarantee for release of with-held amount
for non acheivement of milestone(s)
10A Annexure - “B -l”, Field Laboratory and Reid Testing
Instruments, List of Equipm ents for Field Testing Laboratory

10A Annexure-“B-2", Sp ecial Conditions for Cem ent and Steel

10B (ii) Annexure* “C ”, Proform a for Bank G uarantee for

M obilization A d vance

10 B (ill) Annexure-“D”, Proform a for Hypothecation D eed for Plant

& M achinery A d van ce

17 Annexure - “E -l”, G uarantee Bond in Respect of W ater

Proofing Works

17 Annexure - “E-2”, G uarantee Bond for Anti Termite

Treatm ent Works

25 (3) Annexure - “F”, Form O f contractor’s Notice for

Appointm ent of Arbitrator

37(A ) Annexure - “G", Indem nity Bond

47.9 Annexure - “H”, Indem nity Bond

10B Annexure - “1” , Indenture for Secured Advances

5.3 Annexure - “J", Form at of Application for Extension of

Time

6A, 7 Annexure - “K”, Form at of bill

Before Issue A fter Receipt

Insertions ( I) ............ Insertions ( I) .....
Corrections (C R ).......... j j \v_^ 0 2_ Con-ections (C R ).
Cutting (C T )............ . Cutting (C T ) *
Omissions (O M ).. ........ ^ R Omissions (O M ).......
O ver Writing (O W )... 0ver W riting ( O W ) / .. .//A

2615 #
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iZ 6 JDH-ZM&.
 SECTION- 8
I i
I
CLAUSES OF CONTRACT
C LA U SE 1

Performance Guarantee

(i) The contractor shall submit an irrevocable Performance Guarantee o

5% (Five Percent) o f the tendered value and also an Additional
; Performance Guarantee, if his offer is less than 90% of the estimated
cost of work put to tender, of an amount by which the bid falls short of
j 90% of the estimated cost, for the contractor’s proper performance of
. the contract agreement (notwithstanding and/or without prejudice to any i
other provisions in the contract) within the period specified in Schedule
F from the date o f issue o f Letter o f Acceptance. This period can be
I further extended by the Engineer-in-Charge up to a maximum period as
| specified in Schedule ‘F’ on written request of the Contractor stating the
reason for delays in procuring the Bank Guarantee, to the satisfaction
of the Engineer-in- Charge. This guarantee shall be in the form of Fixed
| Deposit Receipts or Guarantee Bonds of any Scheduled Commercial Bank
or the State Bank of India in accordance with the form given at Annexure
I ‘A ’. The Engineer-in-charge reserves the right to get the Bank
Guarantee confirmed from the issuing bank. In case a Fixed Deposit
Receipt of any Bank is furnished by the Contractor to the Em ployer as part
*i of the Performance Guarantee and Additional Perform ance Guarantee and
the Bank is unable to make payment against the said Fixed Deposit
I Receipt, the loss caused thereby shall fall on the Contractor and the
H Contractor shall forthwith on demand furnish additional security to the
Em ployer to make good the deficit.

(ii) The Performance Guarantee and Additional Performance Guarantee shall

be initially valid up to the stipulated date of completion plus 60 days
beyond that. In case the time for p h y sica l completion of work gets
enlarged, the Contractor shall get the validity of Perform ance Guarantee
and Additional Performance Guarantee extended to cover such enlarged
Before Issue A fter Receipt
Insertions (I) Insertions ( I) .....
Corrections (C R ) Corrections (C R )
Cutting<CT) Cutting (C T ).....
Omissions (O M ) Omissions (O M ).
Over W riting (O W ). Over Writing (O W

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$ D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S '

PART - 3 CGCC)
tim e for completion of work. A fter recording of the “C om pletion
C e rtific a te " o r “Provisional C ertificate of Physical completion” as defined
in Clause 8 below for the work by the competent authority, the
Perform ance Guarantee and Additional Perform ance G uarantee shall be
returned to the Contractor, without any interest The Engineer-in-Charge
m ay return the Additional Perform ance Guarantee earlier if, in his opinion,
the unbalanced portion of the bid has been completed.

(Hi) The Engineer-in-charge shall not m ake a claim under the Perform ance
Guarantee and Additional Performance Guarantee exoept for am ounts to which
the Em ployer is entitled under the Contract (notwithstanding and/or
without prejudice to any other provisions in the Contract agreem ent) in
the event o f:

(a ) Failure by the Contractor to extend the validity of the Perform ance

Guarantee and Additional Perform ance Guarantee as described herein
above, in which event the Engineer-in-Charge may claim the full amount
of the Perform ance Guarantee and Additional Perform ance Guarantee.

(b) Failure by the Contractor to pay the Em ployer any amount due, either
as agreed by the Contractor or determined under any of the Clauses/
Conditions of the Agreement, within 30 days of the service of notice to
this effect by Engineer-in- Charge.

(iv) In lieu of the Perform ance Guarantee and/or Additional Perform ance
Guarantee,
the Contractor may submit Demand Draft of the like amount issued by
a
scheduled commercial bank.

(v) In the event of the Contract being determ ined or rescinded under provisions
of any of the dause/condition of the Agreement, the Perform ance
Guarantee and Additional Perform ance Guarantee shall stand forfeited in
full and shall be absolutely at the disposal of the Employer.

C LA U SE1 A

Before Issue A fte r Receipt

Insertions (P Insertions ( I ) .....
Corrections Corrections (C R )
Cutting (C T )............ Cutting (C T )..............
Omissions (O M )...... Omissions (O M )........
O ver W riting (O W K^ Over Writing (O W )../ ...
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C )

Recovery of Security Deposit

The person/persons whose tender(s) may be accepted {hereinafter called the
Contractor) shall permit the Em ployer at th f time of making any payment to him
for work done under the Contract to deduct a sum at the -rate of 5 % of the gross
amount of each running bill till the sum along with the sum already deposited as
Earn est Money will amount to Security Deposit of 5 % of the tendered value of
the work.

Earnest Money deposit in the form of BG of the successful bidder would

be retained. Security deposit will be recovered from 1st RA bill &
Earnest Money Deposit in the form of BG would be released as and
when equivalent amount is recovered in cash from RA bills.
All compensations or the other sums of money payable by the Contractor under
the terms of this Contract may be deducted from, or paid by the sale of a sufficient
part of his Security Deposit or from the interest arising therefrom, or from any
sums which may be due to or may become due to the Contractor by the
Em ployer on any account whatsoever and in the event of his Security Deposit
being reduced by reason of any such deductions or sale as aforesaid, the
Contractor shall within 10 days make good in cash, any sum or sums which
may have been deducted from, or raised by sale of his Security Deposit or any
part thereof. The Security Deposit shall be collected from the running bills of the
Contractor at the rates mentioned above and the Earnest Money deposited at
the time offenders will be treated as part of the Security Deposit.

Security Deposit (SD) shall not be released against BG. The release of
SD shall be only after the Defect Liability period of 24 Months or receipt
of funds from the client whichever is later.

Before Issue A fter Receipt

Insertions ( I) .......... 1---
Corrections (C R )...
Cutting (C T ).........
Omissions (O M )__
Over W riting (O W )
D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

PA R T - 3 <GCC)

C LA U SE2
Compensation for Delay
If tfie Contractor fails to m aintain the required progress in terms of clause 5 or to
complete the work and d e ar the site on or before the Contract or extended
date of completion, he shall, without prejudice to any other right or remedy
available under the law to the Em ployer on account of such breach, pay as
agreed compensation the amount calculated at the rates stipulated below as the
authority specified in Sch ed u le *F (whose decision in writing shall be final and
binding) m ay decide on the amount of tendered value of the work for every
completed day/ month (as applicable) that the progress rem ains below that
specified in Clause 5 or that the work rem ains incomplete.
This will also apply to item s or group of items for which a separate period of
completion has been specified.
Compensation for delay of work @ 1.50% of tendered value per month of delay
to be computed on per day basis
Provided always that the total amount of com pensation for delay to be paid
under this condition shall not exceed 10% of the Tendered Value of work or of
the Tendered Value of the item or group of items of work for which a separate
period of completion is originally given.
The amount of compensation may be adjusted or set-off against any sum
payable to the Contractor under this or any other Contract with the Em ployer.
In case, the Contractor does not achieve a particular milestone mentioned in
Schedule-F, or the rescheduled m ilestone(s) in terms df Clause 5.4, the
amount shown against that m ilestone shall be withheld, to be adjusted against
the compensation levied at the final grant of Extension of Time. Withholding of
this amount on failure to achieve a milestone, shall be automatic without any

Before Issue A fte r R e ce ip t.

Insertions (I) .......... Insertions ( I) .................. / j
Corrections (C R ).... Corrections (C R ).......... ‘ '
Cutting (C T ).......... 2-6 Cutting (C T )..............^
Omissions (O M ).... Omissions (O M )........
Over Writing (O W ) Over W riting (O W )./ ^ ,1^ /
 S 4 -? i

D E V E L O P M E N T of IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T - 3 (G C C )

notice to the Contractor. However, if the Contractor catches up

with the -progress of W ork on the subsequent m ilestone^), the withheld amount
shall be released. In case the Contractor fails to make up for the delay in
subsequent m ilestone(s), amount mentioned against each milestone missed
subsequently also shall be withheld. However, no interest, whatsoever, shall be
payable on such withheld amount.

C LA U SE 2A

In cen tive for e a rly com pletion

In case, the Contractor com pletes the work ahead of scheduled completion time,
a bonus @ 1 % (one percent) of the tendered value per month computed on per
day basis, shall be payable to the Contractor, subject to a maximum limit of 5 %
(five percent) of the tendered value. The amount of bonus, if payable, shall be
paid along with final bill after completion of works. Provided always that
provision of the Clause 2A shall be applicable only when so provided in
‘Schedule F\

C LA U SE 3

W hen C ontract can be Determ ined

Subject to other provisions contained in this clause, the Engineer-in-Charge

may, without prejudice to his any other rights or remedy against the Contractor
in respect of any delay, inferior workmanship, any claims for dam ages and/ or
any other provisions of this Contract or otherwise, and whether the date of
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 detective work or that the work is
being performed in an inefficient or otherwise improper or unworkmanlike
manner shall omit to comply with the requirement of such notice for the period
of seven days thereafter.

(ii) If the Contractor has, without reasonable cause, suspended the progress of
the work or has failed to proceed with the work with due diligence so that in
the opinion of the Engineer-in-Charge (which shall be final and binding) he
will be unable to secure completion of the work by the date for completion
Before Issue A fter Receipt
Insertions ( I) .................... i Insertions ( I) .................. ^
Corrections (C R ).......... jr Jlu 7-1 Corrections (C R )..........
Cutting (C T )................. I Cutting (C T )...............y J ' ^
Omissions (O M )........... 1 ™ Omissions (O M )...... .y . .
Over W riting (O W ).........J Over W riting ( O W )^ l... f y '/ '!& '

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P A R T - 3 (G C C )
\

and continues to do so after a notioe in writing of seven days from the

Engineer-in-Chaige.
(iii) if the Contractor fails to complete the work within the stipulated date or items
of work with individual date o f completion, if any stipulated, on or before
such date(s) erf completion and does not complete them within the period
specified in a notice given in writing in that behalf by the Engineer-in-Charge.
(iv) If the Contractor persistently neglects to cany out his obligations under the
Contract and/or commits default in complying with any of the terms and
conditions of tfie Contract and does not remedy it or take effective steps
to remedy it within 7 days after a notice in writing is given to him in that
behalf by the Engmeer-in-Charge.

(v) If the Contractor shall offer or give or agree to give to any person in the
Em ployer service or to any other person on his behalf, any gift or
consideration of any kind as an inducement or reward for doing or forbearing
to do or for having done or forborne to do any action in relation to the
obtaining or execution of this or any other Contract for the Em ployer.
(vi) If the Contractor shall enter into a Contract with the Em ployer in
connection with which commission has been paid or agreed to be paid by
him or to his knowledge, unless the particulars of any such commission
and the terms of payment thereof have been previously disclosed in
writing to the Accepting Authority/Engineer-in-Charge.
(vii) If the Contractor shall obtain a Contract with the Em ployer as a result of
wrong tendering or other non-bonafide methods of competitive tendering.
(viii) If the Contractor being an individual, or if a firm, any partner thereof shall at
any time be adjudged insolvent or have a receiving order or order for
administration of his estate made against him or shall take any proceedings
for liquidation or composition (other than a voluntary liquidation for the
purpose of amalgamation or reconstruction) under any insolvency Act for
the time being in force or make any conveyance or assignm ent of his
effects or composition or arrangem ent for the benefit of his creditors or
purport so to do, or if any application be made under any Insolvency Act for
the time being in force for the sequestration of his estate or if a trust deed
be executed by him for benefit of his creditors.

(ix) If the Contractor being a company shall pass a resolution or the court shall

Before Issue A fter Receipt

Inseitior
Correcti
Cutting l
Omissio
O ver W i

r:
 £

D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S ”

P A R T - 3 (G C C )

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 circum stances shall
arise which entitle the Court or the Creditor to appoint a receiver or a
manager or which entitles the court to make a winding up order.
(x) If the Contractor shall suffer an execution being levied on his goods and allow
it to be continued for a period of 21 days.
(xi) If the Contractor assigns, transfers, sublets {engagem ent of labour on a
piece-work basis or of labour with m aterials not to be incorporated in the
work, shall not be deem ed to be subletting) or otherwise parts with or
attempts to assign, transfer, sublet or otherwise parts with the entire works
or any portion thereof without the prior written approval o f the Accepting
Authority;
W hen the Contractor has m ade him self liable for action under any of the cases
aforesaid, the Engineer-in-charge, on behalf of the Em ployer, shall have pow ers:

(a ) To determine the Contract as aforesaid {of which termination notice in writing

to the Contractor under the hand of Engineer-in-Charge shall be conclusive
evidence). Upon such determination, the Earnest Money Deposit, Security
Deposit already recovered Perform ance Guarantee and Additional
Performance Guarantee (if any) under the Contract shall be liable to be
forfeited and shall be absolutely at the disposal of the Employer.

(a) {i) Further, the contractor shall be deemed to be declared a ‘Poor Perform er’ as
per Clause 52.7 hereinafter (without issuance of any notice in this regard) and
shall not be eligible for a period of upto two years, to participate in tenders of
other works which may be invited by R IT E S Ltd.
(b ) After giving notice to the Contractor to m easure up the work of the Contractor
and to take such whole, or the balance or part thereof, as shall be un­
executed out of his hands and to give it to another Contractor to complete
the work. The Contractor, whose Contract is determined as above, shall not
be allowed to participate in the tendering process for the balance work.
In the event of above courses being adopted by the Engineer-in-charge, the
Contractor shall have no daim to compensation for any loss sustained by him
by reasons of his having purchased or procured any m aterials or entered into
any engagements or made any advances on account or with a view to the
execution of the work or the performance of the ContracL And in case
action is taken under any o f the provision aforesaid, the Contractor shall not
be entitled to recover or be paid any sum for any work thereof or actually

Before Issue A fter Receipt

insertions ( I ) .........
Corrections (C R )...
Cutting (C T ).........
Omissions (O M )....
O ver W riting (O W )
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

P A R T ~ 3 (G C C )

performed under this Contract unless and until the Engineer-in-Charge has
certified in writing the performance of such work and the value payable in
respect tfiereof and he shall only be entitled to be paid the value so certified.

CLAUSE 3A
Action in case of delay in start of work
In case, the work cannot be started due to reasons not within the control of the
Contractor within 1/8th of the stipulated time for completion of work, either
party may dose the Contract In such eventuality, the Earnest Money deposit,
the Perform ance Guarantee and Additional Perfoimance Guarantee (if any) o f the
Contractor shall be refunded, but no payment on account of Interest loss of profit
or damages etc. shall be payable at all.

CLUASE 4
Contractor liable to pay compensation even if action not taken under Clause 3
In any case in which any of the powers conferred upon the Engineer-in-Charge
by Clause 3 hereof, shall have become exercisable and the same are not
exercised, the non- exercise thereof shall not constitute a waiver of any of the
conditions hereof and such powers shall notwithstanding be exerdsable in the
event of any future case of default by the Contractor and the liability of the
Contractor for compensation shall remain unaffected. In the event of the
Engineer-in-Charge putting in force all or any of the powers vested in him under
the preceding dause he may, if he so desires after giving a notice in writing to
the Contractor, take possession of (or at the sole discretion of the Engineer-
in-Charge which shall be final and binding on the Contractor) use as on hire (the
amount of the hire money being also in the final determination of the Engineer-
in-Charge) all or any tools, plant materials and stores, in or upon the works,
or the site thereof belonging to the Contractor, or procured by the Contractor
and intended to be used for the execution of the work/ or any part thereof, paying
or allowing for the sam e in account at the Contract rates, or, in the case of these
not being applicable, at current market rates to be certified by the Engineer-in
Charge, whose certificate thereof shall be final and binding on the Contractor.
The Engineer-in-Charge may also direct where required, tie clerk of the works,
foreman or other authorized agent of the Contractor to remove such tools,
plant, m aterials or stores from the premises (within a time to be specified in such
notice). In the event of the Contractor failing to comply with any such requisition,
the Engineer-in-Charge may get them removed at the Contractor's expense or

Before Issue A fter Receipt

Insertions ( I) ........... Insertions ( I) ..... ........
Corrections (C R ).... Corrections (C R ).........
Cutting (C T )........... Cutting (C T )...............
Omissions (O M )..... Omissions (O M )......... ,5 ^
Over W riting (O W ). Over Writing (O W )..,.. J'qj >•

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!* [p io tN o . ui. S rcIO f-
D E V E L O P M E N T ^ 'IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ’

P A RT - 3 (G C C )

sell them by auction or private sale on account of the Contractor and his risk in
all respects and the certificate o f the Engineer-in- Charge as to the expenses of
any such removal and the amount of the proceeds and expenses of any such
sale shall be final and conclusive against the Contractor.

C LA U SE 5

Tim e and extension for D elay

5.1 (a ) The time allowed for execution of the works as specified in the
Schedule T ' or the extended time in accordance with these conditions shall
be the essence of the Contract. The execution of the works shall commence from
such time period as mentioned in Sch ed u le ‘F ’ 90 D ays from the date of issue
of Letter of Acceptance or from the first date of handing over of the site
whichever is later. If the Contractor commits default in commencing the
execution of the work as aforesaid, the Em ployer shall without prejudice to any
other right or remedy available in law, be at liberty to forfeit the Earnest Money,
Performance Guarantee and Additional Perform ance Guarantee (if any)
absolutely.

(b ) As soon as possible after the Contract is concluded the Contractor shall

submit a Net work (PER T /C PM ) Tim e and Progress Chart for each activity and
milestone and get it approved by the Engineer-in-Charge. The Chart shall be
prepared in direct relation to the time stated in the Contract documents for
completion of items of the works, it shall indicate sequence of various activities of
the phased requirement of plant and equipment to be deployed by the
Contractor, the forecast of the dates of commencement and completion of
various trades of sections of the work and may be amended as necessary by
agreement between the Engineer-in-Charge and the Contractor within the
limitations of time imposed in the Contract documents, and further to ensure good
progress during the execution of the work, the Contractor shall in all cases in
which the time allowed for any work, exceeds one month (save for special jobs
for which a separate programme has been agreed upon) complete the work as
per milestones given in Sch ed u le *F failing which the amounts specified in
Schedule ‘F ’ shall be withheld for non-achievement of m ilestones. The
withheld amount may be released when Hie subsequent m ilestone(s) is/are
achieved.

Before Issue
Insertions ( I) .....
Corrections (C R )
Cutting (C T ).....
Omissions (O M )
Over Writing (O '
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S ''

PA RT - 3 (G C C )

(c) Method of Working

(i) The Contractor shall also submit to the Engineer-in-Charge for his approval
the

Method Statem ent supported by the following information -

(a ) A general tentative lay out plan of construction plant and

equipment for the execution of work within time period stipulated in
schedule.
(b) Drawings showing the locations of major plants and other
facilities which he proposes to put up [Link] site, including any
changes in the general layout, at least 15 days prior to the
commencement of the respective work.
(c) Layout and details of temporary works that the Contractor wants to
carry out to fulfill his obligation under the Contract.

(ii) Within 7 days, the Engineer-in-charge through the Engineer shall give
his approval to proceed with work with or without modification. However
acceptance of programme and method of working as submitted by the
Contractor or with any modification thereto by the Engineer-in-Charge
shall not relieve the Contractor of any of his contractual obligation.

(iii) All these programmes and plans submitted by the Contractor and
approved by the Engineer-in-Charge shall become part of the Contract

(iv) The acceptance of programmes as submitted by the Contractor or with

any
modification thereto by the Engineer-in-Charge shall not entitle the.
Contractor
for any extension of time unless delay, if any, is expressly sanctioned by the
Engineer-in-Charge.

(d ) Plan t Requirem ents

The Contractor shall submit, with the programme and method statement
mentioned above a comprehensive plant schedule which shall include the dates
of arrival on and removal from site of each major item of plants.
Before Issue A fter Receipt^
Insertions ( I) .................. 1 Insertions ( I) ............ .......
Conections (C R ).......... I Corrections (C R )........... / \f \
Cutting (C T )................. ] 3 Cutting (C T )............. ^
Omissions (O M )................................................................................................................................ Omissions (O M )....... A
Over W riting (O W ) J Over Writing (O W )../ ...
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

PART 3 (G C C )

(e ) Su fficie n cy o f R esources

The Contractor shall take upon himself the full and entire responsibility for the
sufficiency of plants, centering, scaffolding, timbering, machinery, tools and
implements and generally for all means used for the fulfillment of the Contract
notwithstanding any previous approval or recommendation that may have been
given by the Engineer.

5.2 If the w ork{s) be delayed b y :

I. force majeure, or

II. abnormally bad weather, or

III. serious loss or damage by fire, or

IV. civil commotion, local commotion of workmen, strike or lockout, affecting

any of the trades employed on the work, or

V. delay on the part of other Contractors or tradesmen engaged by

Engineer-in-Charge in executing work not forrfiing part of the Contract or

VI. non-availability of stores, which are the responsibility of the Em ployer

to supply or

V II. non-availability or break down of tools and plant to be supplied or

supplied by the Employer, or

V III. any other cause which, in the absolute discretion of the Engineer-
in-Charge is beyond the Contractor’s control.

then upon the happening of any such event causing delay, the
Contractor shall immediately give notice thereof in writing to the Engineer-in-
Charge but shall nevertheless use constantly his best endeavors to prevent or
make good the delay and shall do all that may be reasonably required to the
satisfaction of the Engineer-in-Charge to proceed with the works.
Before Issue A fter Receipt
Insertions-('' Insertions ( I) .....
Corrections .Corrections (C R )
Cutting (C l Cutting (C T ).....
Omissions t Omissions-(OM).
O ver W ritii Over Writing (O
 D E V E L O P M E N T o f IN F R A S T R U C T U R E K A G A L E G A Island, M A U R IT IU S "

PA R T - 3 (G C C )

5.3 Request for rescheduling o f M ilestones and extension of time, to be

eligible for consideration, shall be made by the Contractor in writing to the
Engineer-wvCharge through the Engineer in the format given at Annexure-J as
soon as possible after the happening of the event causing delay. Such request
shall, however, be made not later than three months prior to the stipulated date of
completion in respect of all hindrances encountered till then. For subsequent
hindrances the request for extension of time shall be submitted in the sam e
format not later than 30 days prior to the stipulated date of completion or
previously extended date of completion. W hile requesting for extension of time,
the Contractor may also, if practicable, indicate the period for which extension is
desired.

5.4 In any such case the Engineer-in-Charge may give a fair and reasonable
extension of time and reschedule the milestones for completion of work.
Such extension shall
be communicated to the Contractor by the Engineer-in-Charge in writing, within
3 months of the date of receipt of such request. Non application by the
Contractor for extension of time shall not be a bar for giving a fair and reasonable
extension by the Engineer-in-Charge and this shall be binding on the Contractor.

C LA U SE SA D ELETED .

Before Issue A fter R ctein t.

? fJlL.
Insertions (I). Insertions ( I) .....
Corrections (C R ).... -Corrections (C R ).
Cutting (C T ).......... 3 Cutting (CTO............... a '
Omissions Omissions (O M )........ .A?.
Over W ritii Over W riting (O W )./ &

2627
6 JUN 2018
 — 2 yT
; D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

j P A R T - 3<GCC)

CLAUSE 6
Measurement of Work Done
Engineer-in-charge shall, through the Engineer or Engineer’s representative, except
as otherwise provided, ascertain and determ ine by measurement the value in
accordance with the Contract of work done.

All measurements of all items having financial value shall be entered in Measurement
Book and/or level field Book so that com plete record is obtained of all works
performed under the Contract.
All measurements and levels shall be taken jointly by the Engineer or his authdrized
representative and by the Contractor or his authorized representative from time to
tim e during the progress of the work and such measurements shall be signed and
dated by the Engineer and the Contractor or their representatives in token of their
acceptance. If the Contractor objects to any of the measurements recorded, a note
shall be made to that <sffi» it iS k n e a i^
measurem ent taken by the Engineer in the presence of the Contractor or in his
absence after due notice has been given to him in consequence of objection made
by the Contractor shall be final and binding on the Contractor, and no claim
whatsoever shall thereafter be entertained regarding the accuracy and classification
of the measurement.

If for any reason the Contractor or his authorized representative is not available
and the work of recording measurements is suspended by the Engineer or
his representative, the Engineer-in-Charge shall not entertain any claim from the
Contractor for any loss or damages on this account If the Contractor or his
authorized representative does not remain present at the time of such
m easurements after the Contractor or his authorized representative has been given
a notice in writing three (3) days in advance or fails to countersign or to record
objection within a week from the date of the measurement, then such
measurements recorded in his absence by the Engineer or his representative
shall be deemed to be accepted by the Contractor.
The Contractor shall, without extra charge, provide all assistance with every
appliance, labour and other things necessary for measurements and recording levels.
Except where any general or detailed description of the work expressly shows to
the contrary, measurements shall be taken in accordance with the procedure set
forth in the specifications notwithstanding any provision in the relevant Standard
Method of measurement or any general or local custom. In the case of items which
are not covered by specifications, measurements shall be taken in accordance with
the relevant standard method of measurements issued by the Bureau of Indian
standards and if for any item no such standard is available, then a mutually agreed
Before Issue A fter Receipt
Insertions (I)............ insertions ( I) .................
Corrections (C R )___ IS Corrections (C R ).......... ^
Cutting<CT)...........
irm Cutting (C T )..............—
Om issions (O M ) ......l ^ K . v Om issions(O M )....ri:y»:
O ver W riting (O W ).... \ Over Writing '
I

2628 v . . ' V -

6 JUiM Z0J8 ...

 2?
D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T - 3 (G C C )

method shall be followed.

The Contractor shall give not less than seven days' notice to the Engineer or his
authorized representative incharge of the work before covering up or otherwise
placing beyond the reach of measurement any work in order that the sam e may be
m easured and correct dimensions thereof be taken before the sam e is covered up
or placed beyond the reach of measurement and shad not cover up and place
beyond reach of m easurem ent any work without consent in writing of the
Engineer or his authorized representative incharge of the work who shall within
the aforesaid period o f seven days inspect Hie work, and if any work shall be
covered up or placed beyond the reach of measurements without such notice
having been given or the Engineer's consent being obtained in writing, 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 the m aterials with which the sam e was
executed.
Engineer-in-Charge or his authorized representative m ay cause either
them selves or through another officer of the Em ployer to check the
measurements recorded jointly or otherwise as aforesaid and all provisions
stipulated herein above shall be applicable to such checking of measurements or
levels.
It is also a term of this Contract that recording of measurements of any item of work
in the measurement book and/ or its payment in the interim, on account or final bill
shall not be considered as conclusive evidence as to the sufficiency of any work or
m aterial to which it relates nor shall it relieve the Contractor from liabilities from
any over measurement or defects noticed till completion of the defects liability
period.

C LA U SE 6 A
C O M PU T ER ISED M EA SU R EM EN T BO O K
Clause 6 A will be applicable if stipulated in Schedule <p»v/
Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
measurement the value of work done in accordance with the Contract. All
measurements of all items having financial value shall be entered by the Contractor
and compiled in the shape of the Computerized Measurement Book having pages o f ’
A~4 size as per the format laid down by the Engineer-in-Charge, so that a complete
record is obtained of all the items of woiks performed under the Contract.
All such measurements and levels recorded by the Contractor or his authorized
representative from tim e to time, during the progress of the work, shall be got
Before Issue After Receipt
Insertions (I) Insertions ( I) .......... ....... (
Corrections (CR), Corrections (C R ).......... v
Cutting (C T ) Cutting (C T )..............
Omissions (O M ) Omissions (O M )......... X
Over Writing (O W ) Over Writing (O W ).../ ..

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 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ’*

P A RT - 3 <GCC)

checked by the Contractor from the Engineer or his authorized representative as per
interval of program fixed in consultation with Engineer or his authorized
representative. All calculations shall be done using relevant formulae. M carried
forward figures be those in the measurement portion or in the abstract, shall have
linkage to the cell wtiere from it is carried forward. No quantity without linkage to its
reference cell shall be permitted. Measurements thus recorded shall however be
admitted for payment only after confirmation of com pliance to other stipulations laid
down in the contract.

After the necessary corrections made by the Engineer, the measurement sheets
shall be returned to the Contractor for incorporating the corrections and for
resubm ission to the Engineer for the dated signatures by the Engineer 'and the
"Contractor or their representatives in token of their acceptance.

W henever Bill is due for payment, the Contractor would initially submit draft " j <-3/V'v
computerized measurement sheets and these measurements would be got (q ,] j ; w
checked/test checked by the Engineer and/or his authorized representative. The V,' 31 (
Contractor will, thereafter, incorporate such changes arising out of these checks/test {
checks, in his draft computerized measurements, and submit to the Engineer a \
computerized Measurement Book, duly bound, and with its pages machine/computer \
numbered. The Engineer and/or his authorized representative would thereafter )
check the M B, and record the necessary certificate for their checks/test checks.
The final, fair, computerized Measurement Book given by the Contractor, duly bound,
with its pages machine/computer numbered, should be 100% correct, and no cutting
or over-writing in the measurements would thereafter be allowed. If at all any error is
noticed, the Contractor shall have to submit a fresh computerized M B with its pages
duly machine/computer numbered and bound, after getting the earlier M B cancelled
by the Engineer. Thereafter, the M B shalLfaeJakenio^Jhe-EoQineer’s Office records,
ja nd allotted a number as per the Reaister olJC otiiouterized-JylBs. th is shall be done
"by the EngineeFBefore this corresponding Bill is submitted to the Office of Engineer-
in-Charge for payment. The Contractor shall submit two spare copies of such
computerized M B’s for the purpose of reference and record by the various officers of
the Employer.

The Contractor shall also generate a separate computerized M B containing Abstract

of Cost and submit to the Engineer along with the B ill based on these measurements,
duly bound, and its pages machine/computer numbered along with two spare copies
of the Bill. The Contractor shall submit his bill in the format given at Annexure - K.

Before Issue After Receti

Insertions (I).
Corrections (C R )
Cutting (C T )
Insertions ( I ) .....
Corrections (C R )
Cutting (C T )
/O r
Omissions (O M ) Omissions (O M )
Over Writing (O W ). Over Writing (O W )..

• 2630
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2 6 JU,M2018
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ”

P A R T - 3 (G C C )

Thereafter, this B ill w ill be processed by the Engineer and allotted a number as per
the computerized M B record in the sam e w ay as done for the Measurem ent Books
m eant for m easurem ents and Abstract of C o st
The contractor shall subm it separate soft and hard copies of Measurem ent Books
containing details of m easurem ents and a separate soft and hard copy of abstract of
measurements. For recording measurements and also for preparing abstract, the
contractor shall use black font with standard type and size. Change of font type, size
(font size 12) and colour shall be seen as violation of billing procedure. The
contractor shall certify that there are no hidden cells in the computerized
measurement books.
If the measurements are taken in connection with a running contract, the contractor
shall record a reference to the last set of measurements, if any. If the entire job or
contract has been completed, the date of completion shall be mentioned. If the
measurements taken are the first set of measurem ents on a running account or the
first and final m easurem ents, this fact shall be suitably noted by the contractor
against the entries in the Measurem ent Book and in the latter case, the actual date of
completion shall also be mentioned.
All pages of the m easurem ent book shall have header oivina the name of work
contract package in abbreviated form and the footer shall be numbered^ Entries shall
be recorded continuously and no blank page left or tom out. Any page or space left
blank inadvertently shall be cancelled by diagonal line, the cancellation being
attested and dated by the contractor. In cases where “part rate” is claimed for any
item, brief reason and rationale for arriving at part rate shall be recorded in the
Measurement Book by the Contractor. In such cases the quantities shall be correctly
indicated for each part rate (in case of more than one rate assigned for the same
item) based on m easurem ents. The Engineer / Engineer-in-Charge reserves the right
to modify the part rate and/or the quantity to which such part rate is assigned.
The Contractor shall, without extra charge, provide all assistance with every
appliance, labour and other things necessary for checking of measurements/levels by
the Engineer-in-Charge or his representative.
Except where any general or detailed description of the work expressly shows to the
contrary, measurements shall be taken in accordance with the procedure set forth in
the specifications notwithstanding any provision in the relevant Standard Method of
measurement or any general or local custom. In the case of items which are not
covered by specifications, measurements shall be in accordance with the relevant
standard method of measurem ent issued by the Bureau of Indian Standards and if
for any item no such standard is available then a mutually agreed method shall be
followed.

The Contractor shall give not less than seven days’ notice to the Engineer or his
authorized representative in charge of tf^ w orjrt^ fore covering up or otherwise
Before Issue
Insertions (I) Insertions (I).
Corrections (C R ) Corrections (C R )...........v
Cutting (C T ) Cutting (C T )............. Sfc.
Omissions (O M ) Omissions (O M )..... I . . . (is ''
Over W riting (O W ). Over Writing (O w /..

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PA R T - 3 (G C C )

placing beyond the reach of checking and/or lest checking the measurement of any
work in order that the sam e may be checked and/or test checked and correct
dimensions thereof be taken before the sam e is covered up or placed beyond the
reach o f checking and/or test checking measurement and shaH not cover up and
place beyond reach of measurement any work without consent in writing of the
Engineer or his authorized representative in charge of the work who shall with the
aforesaid period of seven days inspect the work, and if any work shall be covered up
or placed beyond the reach of checking and/or test checking measurements without
such notice having been given or the Engineer's consent being obtained in writing
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 the m aterials with which the
sam e was executed.
Engineer or his authorized representative may cause either them selves or through
another agency to check the measurements recorded by the Contractor and all
provisions stipulated herein above shall be applicable to such checking of
measurements or levels.
It is also a term of this Contract that checking and/or test checking the measurements
of any item of work in the measurement book and/or its payment in the interim, on
account of final bill shall not be considered as conclusive evidence as to the
sufficiency of any work or material to which it relates and it shall not relieve the
contractor from liabilities from any over measurement or defects noticed till
completion of the defects liability period.

C LA U SE7

Paym ent on interm ediate C ertificates to be regarded as A dvances

No payment shall be made for work, estimated to cost Rupees One Lakh or less till
after the whole of the work shall have been completed and certificate of completion

L>
given. For works estimated to cost over Rupees One Lakh, the interim or running
account bills shall be submitted by the contractor in the format given at Annexure ‘K ’ ;
for the work executed on the basis of recorded measurements, in triplicate on or
before the date of every month fixed for the same by the Engineer-in-Charge. Such
interim or running bills shall be submitted along with the supporting documents. The
Contractor shall not be entitled to be paid any such interim paym ent if the gross work
done together with net payment/ adjustment of advances for m aterial collected, if any, A
since the last such payment is less than the amount specified in Schedule *F in
which case the interim bill shall be prepared on the appointed date of the month
after the requisite progress is achieved. The Engineer-in-Charge in his sole
discretion may modify the periodicity of running bill from one month to such

Before Issue After Receipt

Insertions ( I ) ....... Insertions ( I ) ...........
Corrections (C R ).. Corrections (C R )......
C uttin g(C T).................. Cutting (C T )............. . a \’'
Omissions (O M )........... f ' K t i s ' Omissions (O M )...... .X
Over W riting (O W )..... J Over W riting (O W )/ . '

.2632 '/

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f D E V E L O P M E N T of IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ”

P A R T - 3 (G C C )

lesser/longer time as he considers appropriate, Engineer-in-Charge shall arrange to

have the bill verified by taking o r causing to be taken, where necessary, the requisite
measurem ents of the work. In the event of the failure of the Contractor to subm it the
biHs, Engineer-in-Chatge shad prepare or cause to be prepared such bills in which
event no claim s whatsoever due to delays on paym ent including that of interest
shall be payable to the Contractor. Paym ent on account of amount adm issible
shall be m ade by the Eng ineer-m-Charge certifying the sum to which the Contractor
is considered entitled by w ay o f interim paym ent at such rates as decided by the
Engineer-in-Charge.
75% of bill amount may be paid within 10 working days (excluding the day of
submission)of presentation of the bill by the Contractor to the Engineer-
in-Charge or his Engineer together with the account of the material issued by
/ the Employer,
U IV U ll^ f lW ^ d j or
V I dismantled materials,
U Iw IIIV IIM v w lllf If any. In
liw l ICira| II I I I the M
case ofI works
Mv V outside
W W IVW W W V W the
Uni
/ headquarters of the Engineer-in-Charge the period of three working days will
s be extended to five working days. Balance amount of bill mav be paid within 22
/ working days of the presentation of bill. The time limit of 10 days/ 22 days
/ " mentioned above will be adhered to by the Engineer-in-Charge as far as
{ possible and the contractor will not be entitled to any compensation or claims
or damages by way of interest etc. in case of delay in payment
All such interim payments shall be regarded as paym ent by way of advances against
that payment only and shall not preclude the requiring of bad, unsound and
im perfect or unskilled work to be rejected, removed, taken away and reconstructed
or re-erected. Any certificate given by the Engineer-in-Charge relating to the work
done or materials delivered forming part of such payment, may be modified or
corrected by any subsequent such certificate (s ) or by the final certificate and shall
not by itself be conclusive evidence that any work or m aterials to which it relates
is/ are in accordance with the Contract and specifications. Any such interim
payment or any part thereof shall not in any respect conclude, determine or affect
in any w ay powers of the Engineer-in-Charge. Under the Contract or any of such
payments be treated as final settlem ent and adjustment of accounts or in anyway
vary or affect the Contract.
Pending consideration of extension of date of completion, interim payments shall
continue to be made as herein provided, without prejudice to the right of the Em ployer
to take action under the terms o f this Contract for delay in the completion of work, if
the extension of date of completion is not granted by the competent authority.
The Engineer-in-Charge in his sole discretion on receipt of written request from
Contractor and on the basis of a certificate from the Engineer may make interim
advance payments without detailed measurements for work done at 75% of the
assessed value based on approximate quantities executed. The advance payments
so allowed shall be processed like any other interim bill and given a separate bill
R*fAr» kfiii* Aft^r RffMint
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

PA R T - 3 (G C C )

number. Such paym ent shall be adjusted in the subsequent interim bill by taking
detailed measurem ents thereof. If at any stage, in the opinion of Engineer-in-Charge, it
is found that the amount of interim advance payment (without detailed
m easurem ents) claim ed by the Contractor w as excessive, this facility of interim
advance paym ent shall be withdrawn.
Since the Contract is being entered into with the Contractor by R IT E S acting for
and on behalf of the Em ployer a s Agent/Power of Attorney Holder, no Bill will be
paid unless sufficient funds have been made available by the Em p|oyer:j

C LA U SE 8

Com pletion C ertificate

Within ten days of the completion of the work, the Contractor shall give notice
of such completion to the Engineer-in-Charge and within thirty days of the
receipt of such notice the Engineer-in-Charge shall inspect the work and if there
is no defect in the work shall furnish the Contractor with a final certificate
of completion, otherwise a provisional certificate of physical completion
indicating defects (a) to be rectified by the Contractor and/or (b) for which
payment will be made at reduced rates, shall be issued. Provisional Certificate
of Physical Completion will be issued only after the Contractor has completed the
entire scope of work allotted to him except fo r:

i) the work not required to be done by the Employer; and / or

ii) some minor defects which do not affect the usage and structural integrity
of the work; and / or
iii) some minor incompletions which are dependent upon completion of work
by other agencies.
But no final certificate of completion shall be issued, nor shall the work be
considered to be complete 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/ their work people
on the site in connection with the execution of the works as shall have been
erected o r constructed by the Contractor (s) and cleaned off the dirt from all
wood work, doors, windows, walls, floor or other parts of the building, in, upon,
or about which the work is to be executed or 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
Before Issue After Receipt
Insertions ( I) Insertions ( I ) .....
Corrections (C R ) Corrections (C R )
Cutting (C T ). *\ Cutting (C T ).....
Omissions (O M ) Omissions (O M ).
Over W riting (O W ) Over Writing (O W )

2634 f-:'

6 JUN 2018
D E V E L O P M E N T or IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

comply with the requirements of this Clause as to rem oval of scaffolding,

surplus m aterials and rubbish and all Labour cam ps with Portable cabins and
sanitary arrangem ents as aforesaid and cleaning off dirt on or before the date
fixed for the completion of work, the Engineer-in-Charge m ay at the expense of
(he Contractor remove such scaffolding, surplus m aterials and rubbish etc. and
dispose of the sam e as he thinks fit and dean off such dirt as aforesaid, and the
Contractor shall have no claim in respect of scaffolding or surplus m aterials as
aforesaid except for any sum actually realized by the sale thereof.

CLAUSE8A
Contractor to keep Site Clean
When the annual repairs and m aintenance of works are carried out, the
splashes and droppings from white washing, colour washing, painting etc. on
walls, floor, windows, etc. shall be removed and the surface cleaned
simultaneously with the completion of these items of work in the individual
rooms, quarters or prem ises etc. where the work is done without waiting for the
actual completion of all the other items of work in the Contract In case the
Contractor foils to comply with the requirem ents of this clause, the Engineer-in-
charge shall have the right to get this work done at the cost of the
Contractor either departm ental^ or through any other agency. Before taking
such action the Engineer-in- Charge shall give ten days notice in ,w riting to the
Contractor.

CLAUSE 8B
C ompletion Plan s and O perating /M aintenance M anual to be subm itted b y the
Contractor

The Contractor shall submit Completion plans for all Civil, Sanitary, Plumbing,
Structural and all other types of works as applicable, vyithin thirty Hays nf thg
completion -oti he^work. The Contractor shall submit complete 'record'
drawings periodically corrected to show each and every change from
working drawings, on tracings / reprodudbles /CDs, as directed by the
Engineer-in-Charge. In case the works indude items which require specialized
maintenance and/or Plant & Equipment which will require periodic m aintenance,
the Contractor shall supply along with the Completion Drawings three sets of
Operating/Maintenance Manuals as required.

In case, the Contractor foils to submit the Completion plan and /or Operating/

Befon
Insertii
Correc
Cuttini
Omissi
Over \
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ”

P A R T - J( G C C )

Maintenance Manual, as aforesaid, he shall be liable to pay a sum equivalent to

2 .5 % of the value of the work subject to a ceiling of R s.S lakhs (Rupees Five
lakhs only) as m ay be fixed by the Engineer-in-Charge and in this respect the
decision o f the Engineer-in-charge shall be final and binding on the Contractor.

CLAUSE 9
Paym ent o f Fin al B ill

The Final Bill shall be submitted by the Contractor in the sam e manner as
specified in interim bills within three months of physical completion of work or
within one month of the date of the final certificate of completion fam ished by the
Engineer-tn-Charge w hichever is earlier. No further claim s shall be made by the
Contractor after subm ission of the Final B ill and these shall be deem ed to have
been waived and extinguished. Paym ents of those items of the bill in respect of
which there is no dispute and of items in dispute, for quantities and rates as
approved by Engineer-in-Charge, will, as far as possible be made .within the
period specified herein under, the period being reckoned from the date of receipt
of the bill by the Engineer-in-Charge or his authorized Engineer, complete with
account of materials issued by the Em ployer and dismantled m aterials.
(i) If the Tendered value o f work is upto Rs. 1 Crore : 3 months
(ii) If the Tendered value of work exceeds Rs. 1 Crore : 6 months

The Contractor will not how ever be entitled to any compensation or claim s or
dam ages by way of interest etc. in case of delay in payment.

In case the Contractor fails to submit his final bill along with supporting
documents within the tim e stipulated above for such submission, the Engineer-in-
Charge may prepare o rcau se to be prepared the final bill in which event no claim
"w h S ls o e ^ of difference in quantities or rates and due to delay in
paym ent including interest, shall be payable to the Contractor.

CLAUSE 9 A
Payment of Contractor's Bill to Banks

Paym ent due to the Contractor may, if so desired by him, be made to his Bank,
registered financial, co-operative or thrift societies or recognized financial
institutions instead of direct to him provided that the Contractor furnishes
to the Engineer-in-Charge (1 ) an authorization in the form of a legally valid
document such as power of attorney conferring authority on the Bank,
Before Issue After Recei
Insertions ( I) Insertions <I)..........
Corrections (C R ) Corrections (C R )___
Cutting (C T ) Cutting (C T )...............
Omissions (O M ) Omissions {O M )......... .IT
Over W riting (O W ). O ver Writing (O W )./ . •\

*
2636
JUN 2018
 D E V E L O P M E N T o f IN F R A S T R U C T U R E a! A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

registered financial, cooperative or thrift societies or recognized financial

institutions to receive payments and (2) his own acceptance o f the correctness of
the amount made out as being due to him by the Em ployer or his signature on
the biU or other daim preferred against the Em ployer before settlem ent by the
Engineer-in-Chafge of the account or daim by payment to the Bank,
registered financial, cooperative or thrift societies or recognized financial
institutions. W hile the receipt given by such Bank; registered finandal,
cooperative or thrift societies or recognized financial institutions shad constitute
a full and sufficient discharge for the paym ent the Contractor shall whenever
possible present his bills duly receipted and discharged through his Bank,
registered finandal, cooperative or thrift societies or recognized finandal
institutions.
Nothing herein contained shall operate to create in favour of the Bank; registered
finandal, cooperative or thrift societies or recognized institutions any rights or
equities vis-a-vis the Employer.

C L A U S E 10

Materials supplied by the Employer

M aterials which the Employer will supply are shown in Sch edu le *B' which also
stipulates quantum, place of issue and rate (s) to be charged in resped thereof.
The Contractor shall be bound to procure them from the Engineer-in-Charge.
As soon as the work is awarded, the Contractor shall finalise the programme
for the completion of work as per dause 5 of this Contract and shall give
his estimates of m aterials required on the basis of drawings/ or schedule of
quantities of the work. The Contractor shall give in writing his requirement to
the Engineer-in-Charge which shall be issued to him keeping in view the
progress of work as assessed by the Engineer-in- Charge, in accordance with
the agreed phased programme of work indicating monthly requirements of
various materials. The Contrador shall place his indent in writing for issue of \~
such materials at least 7 days in advance of his requirement
Such materials shall be supplied for the purpose of the Contract only and the
value of the m aterials so supplied at the rates spedfied in the aforesaid
schedule shall be set off or deduded, as and when m aterials are consumed
in items of work {induding normal wastage) for which paym ent is being made
to the Contrador, from any sum then due or which may therefore become due
to the Contrador under the Contract or otherwise or from the Secu rity Deposit.
At the time of submission of bills the Contrador shall
certify that balance of materials supplied is available at site in original good
condition.
Before Issue
Insertions ( I ) ....... Insertions (I).
Corrections (C R ).......... Corrections (C R ).........
Cutting (C T )................. | A ,,L' Cutting (C T )..............
Omissions (O M )........... I Omissions (O M ).........
O ver W riting (O W )....... \ Over Writing (O W )...'.

263’
6 JUN 2018
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S ’

P ART - 3<GCC)

The Contractor shall submit along with every running bill (on account or
interim bill) material-wise reconciliation statements supported by complete
calculations reconciling total issue, total consumption and certified balance
(diameter/ section-wise in the case of steel) and resulting variations and
reasons therefor. Engineer-in-Charge shall
(whose decision shall be final and binding on the Contractor) be within his
rights to follow the procedure of recovery in Clause 42 at any stage of work if
reconciliation is not found to be satisfactory.

The Contractor shall bear the cost of getting the m aterial issued, loading,
transporting to site, unloading, storing under cover as required, cutting,
assembling and joining the several parts together as necessary. Not
withstanding anything to the contrary contained in any other clause of the
Contract all stores/materials so supplied to the Contractor or procured with the
assistance of the Em ployer shall remain the absolute property of the Em ployer
and the Contractor shall be the trustee of the stores/ m aterials, and the said
stores/ m aterials shall not be removed/ disposed off from the site of the work on
any account and shall be at all tim es open to inspection by the Engineer-in-
Charge or his authorized agent. Any such stores/materials remaining unused
shall be returned to the Engineer-in-charge in as good a condition in which they
were originally supplied at a place directed by him, at a place of issue or any
other place specified by him as he shall require, but in case it is decided not
to take back the stores/ m aterials the Contractor shall have no claim for
compensation on any account of such stores/ m aterials so supplied to him as
aforesaid and not used by him or for any wastage in or damage to in such stores/
materials.

On being required to return the stores/ materials, the Contractor shall hand over
the stores/ materials on being paid or credited such price as the Engineer-in-
Charge shall determine, having due regard to the condition of the stores/
m aterials. The price allowed for credit to the Contractor, however, shall be at
the prevailing market rate not exceeding the amount charged to him, excluding
the storage charge, if any. The decision of the Engineer-in- Charge shall be
final and conclusive. In the event of breach of the aforesaid condition, the
Contractor shall in addition to throwing him self open to account for
contravention of the terms of the licences or permit and/or for criminal breach of
trust, be liable to the Em ployer for all advantages or profits resulting or which in
the usual course would have resulted to him by reason of such breach.
Provided that the Contractor shall in no case be entitled to any compensation or
dam ages on account of any delay in supply or non-supply thereof all or any such
m aterials and stores provided further that the Contractor shall be bound to
execute the entire work if the m aterials are supplied by the Em ployer within the
original scheduled time for completion of the work plus 50% thereof or
Before Issue After R.
Insertions (I). Insertions ( I) .........
Corrections (C R ) Corrections (C R )..........
Cutting (C T ) Cutting (C T )......
Omissions (O M )__ Omissions (O M )........J T
Over W riting (O W ) Over Writing (O W )/.../.
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

scheduled time plus 6 months whichever is more if the time of completion of

works exceeds 12 months but if a part of the m aterials only has been supplied
within the aforesaid period then the Contractor shad be bound to do so much of
the work as may be possible with the m aterials and stores supplied in the
aforesaid period. For the completion of the rest of the work, the Contractor shall
be entitled to such extension of time as m ay be determined by the Engineer­
in ' Change whose decision in this regard shall be final and binding on the
Contractor.

The Contractor shall see that the required quantities of materials are got issued.
Any such m aterials remaining unused and in perfectly good/ original
condition at the time of completion or determination of the Contract shall be
returned to the Engineer-in-Charge at the stores from which it was issued or at a
place directed by him by a notice in writing. The Contractor shall not be entitled
for loading, transporting, unloading and stacking of such unused m aterial
except for the extra lead, if any involved, beyond the original place of issue.

Provided, further that the Contractor shall not be entitled to daim any
compensation from the Em ployer for the loss suffered by him on account of de/ay
by the Em ployer in the supply of m aterials in Sch ed u le ‘B 1where such delay is
covered by difficulties relating to the supply of wagons, force majeure including
non allotment of such m aterials by controlling authorities, acts of God, sots of
enem ies of the State/Country or any reasonable cause beyond the control of the
Employer.

C LA U SE1 0 A
M aterials to be provided by the C ontractor

The Contractor shall, at his own expense, provide all" materials required for the
works other than those which are stipulated to be supplied by the Employer.
The C ontractor shall, at his own expense and without delay, supply to the
E n g in e ^ ^ ^ C tu ifs^ jsam iMe^ of m aterials to be used on the"work and shall
get these approved in advance. All such m aterials to be used on the work
shall be in conformity with the specifications laid down or referred to in the
Contract. The Contractor shall, if requested by the Engineer-in-charge furnish
proof, to the satisfaction of the Engineer-in-Charge that the m aterials so
comply. The Engineer-in-Charge shall within thirty days of supply of samples
or within such further period as he may require intimate to the Contractor in
writing whether samples are approved by him or not If samples are not
Before Issue
Insertions ( I) ........... Insertions (I).
Corrections (C R ).... 1 Corrections (CR).
Cutting (C T )........... Cutting (C T )............ . A y
Omissions (O M )..... Omi ssions (O M )....... ^
Over W riting (O W ). Over Writing (O W )./'.... ^
D E V E L O P M E N T of IN FR A S T R U C T U R E ai A G A L E G A Island. M A U R IT IU S "

P A R T - 3 <GCC)

approved, the Contractor shall forthwith arrange to supply to the Engineer-in-

Charge for his approval fresh sam ples complying with the specifications laid
down in the Contract W hen m aterials are required to be tested in accordance
with specifications, approval of the Engineer-in- Charge shall be issued after the
test results are received.
The Contractor shall at his risk and cost submit the sam ples of m aterials to be
tested or analyzed and shall not make use of or incorporate in tfie work any
materials represented by the sam ples until the required tests or analysis have
been made and materials finally accepted by the Engineer-in-Charge. The
Contractor shall not be eligible for any claim or compensation either arising out
of any delay in the work or due to any corrective measures required to be taken
on account of and as a result of testing of materials.

The Contractor shall, at his risk and cost make all arrangem ents and shall
provide all facilities as the Engineer-in-Charge may require for collecting, and
preparing the required number of sam ples for such tests at such time and to
such place or places as may be directed by the Engineer-in-Charge and
bear all charges and cost of testing unless specifically provided for
otherwise elsewhere in the Contract or specifications.
T
he Engineer-in-Charge or his authorized representative shall at all times have
access to the works and to all workshops and places where work is being
prepared or from where materials, manufactured articles or machinery are
being obtained for the works and the Contractor shall afford every facility and
every assistance in obtaining die right to such access.

The Engineer-in-Charge shall have full powers to 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 shall be at liberty
to employ at the expense of the Contractor, other persons to remove the
sam e without being answerable or accountable for any loss or damage that
may happen or arise to such materials. The
Engineer-in- Charge shall also have full powers to require other proper
materials to be substituted thereof and in case of default the Engineer-in-
Charge may cause the same to be supplied and all costs which may attend
such removal and substitution shall be borne by the Contractor.

If stipulated in Schedule ‘F ’ the Contractor shall at his own expense, provide a

material testing lab at the site for conducting routine field tests. The lab shall
be equipped with the testing equipment as specified in Annexure ‘B-1’ except
where otherwise stipulated in Sch ed u le ’F ’.
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

The Contractor shall comply with special conditions relating to procurement,

testing and storage of cem ent and steel as given in Annexure ‘B-2’.

CLAUSE 10 B
Secured Advance on Non-perishable Materials
\ ' (i) The Contractor, on signing an indenture in the form g ive n a t A n n e x u r e T
shall be entitled to be paid during the progress of the execution of the work up to
90% of the assessed value of any m aterials which are in the opinion of the
Engineernrh Charge non-perishable, non-fragile and non-combustible and are in
accordance with the Contract and which have been brought on the site in
connection therewith and are adequately stored and/ or protected against
damage by weather or other causes but which have not at the time of advance
been incorporated in the works. W hen m aterials
on account of which an advance has been made under this sub-clause are
incorporated in the work the amount of such advance shall be
recovered/deducted from the next payment made under any of the clause or
clauses of this Contract.
Such secured advanoe shall also be payable on other items of perishable
nature, fragile and combustible with the approval of the Engineer-in-Charge
provided the Contractor provides a comprehensive insurance cover for the full
cost of such m aterials. The decision of the Engineer-in-Charge shall be final and
binding on the Contractor in this matter. No secured advance, shall however,
be paid on high-risk m aterials such as ordinary glass, sand, petrol, diesel etc.

M obilisation A dvance

(ii) Mobilization advance not exceeding 15% of the tendered value may be given, if_
requested by the Contractor in writing within one month of the order to
commence the work.
Such advance shall be paid in Iwo equal installments. The first installment of such
advance shall be released on a request made by the Contractor to the Engineer-in-
Charge in this behalf. The second installment shall be released by the Engineer-in-
Charge only after the Contractor furnishes a proof of the satisfactory utilization of
the earlier installment to the entire satisfaction of the Engineer-in-Charge.
Before any installment of advance is released, the Contractor shall furnish Bank
Guarantee Bonds aggregating to 110% of the installment amount and not
exceeding three in number from any Scheduled Commercial Bank as per form
Before Issue After Ri
Insertions ( I) ........... Insertions (I).
Corrections (C R ).... Corrections (C R ).
Cutting (C T )........... Cutting (C T ).............
Omissions (O M )..... Omissions (O M )....... ;
Over Writing (O W ). Over W riting (O W )./.b /v <€/ V
V \

2641
26
 D E V E L O P M E N T of IN F R A S T R U C T U R E al A G A L E G A Island. M A U R fT IU S ”

P A R T - 3 (G C C )

given in Annexure ‘C\ Mobfeation Advance shall be released only after receipt of
confirmation of the Bank Guarantee from the issuing Bank. H ie BG Bonds shall be
furnished initially valid for the full contract period. If the oontract period gets
extended due to any reasons, the BG Bonds shall be kept renewed from time to
time to cover the balance amount to be recovered together with interest @ 10%
and valid for the likely period of complete recovery. The BG Bonds shall be
discharged progressively depending upon the amount of mobilization advance
recovered along with interest

Plant, Machinery & Shuttering Material Advance

P> An advance for plant, machinery & shuttering material required for the work
and brought to site by the Contractor may be given if requested by the
Contractor in writing within one month of bringing such plant, m achinery or
shuttering material to site. Such advance shall be given on such plant, machinery
or shuttering material which in the opinion of the Engineer-in-Charge will add
to the expeditious execution of work and improve the quality of work. The
amount of advance shall be restricted to 5 % of tender value. In the case of
new plant and equipment to be purchased for the work, the advance shall be
restricted to 90% of the price of such new plant and equipment paid by the
Contractor for which the Contractor shall produce evidence satisfactory to
the Engineer-in-Charge. In the case of second hand and used plants and
equipment, the amount of such advance shall be limited to 50% of the
depreciated value of plant and equipment as may be decided by the Engineer-in-
Charge. The Contractor shall, if so required by the Engineer-in-Charge, submit
the statement of value of such old plant and equipment duly approved by a
Registered Valuer recognized by the Central Board of Direct Taxes under the
Income-Tax Act, 1961. No such advance shall be paid on any plant and
equipment of perishable nature and on any plant and equipment of a value less
than Rs.50,000/-. Seventy five per cent of such amount of advance shall be paid
after the plant and equipment is brought to site and balance twenty five
per cent on successfully commissioning the same.

Leasing of equipment shall be considered at par with purchase of equipment

and shall be covered by tripartite agreement with the following:
1. Leasing company which gives certificate of agreeing to lease
equipment to the Contractor.

Before Issue
Insertic Insertions ( ( ) .....
Correct Corrections (C R ).
Cutting (C T ).......... Cutting (CT).
Omissions (O M ).... Omissions (O M ).
Over W riting (O W ). Over Writing (O W

• 2642
6 JUN 2018
 P A R T - 3 (C C C )

2. Engineer-in-Chafge, and

3. The Contractor

This advance shall further be subject to the condition that such plant and
equipment (a ) are considered by the Engineer-in-Charge to be necessary for the
works; (b) and are in and are maintained in working order, (c ) hypothecated to
the Em ployer as per proforma of Hypothecation Deed given in Annexure 'D*.
before the payment of advance is released. The Contractor shall not be
permitted to remove from the site such hypothecated plant and equipment without
the prior written permission of the Engineer-in-Charge. The Contractor shall be
responsible for maintaining such plant and equipment in good working order
during the entire period of hypothecation falling which such advanoe shall be
entirely recovered in lump sum. For this purpose, steel scaffolding and form work
shaH be treated as plant & equipment
The Contractor shall insure the Plant and machinery for which mobilization
advance is sought and given, for a sum sufficient to provide for their
replacem ent at site.
A
ny amounts not recovered from the insurer will be borne by the Contractor.

In terest & R eco very

v/iv) The mobilization advance and plant and machinery advance in (ii) & (iii) above
bear simple interest at the rate of 10 per cent per annum and shall be
calculated from the date of payment to the date of recovery, both days
inclusive, on the outstanding amount of advance. . Recovery of such sums
advanced shall be made by deduction from the Contractor's bill
commencing after first ten percent of the gross value of the work is executed
and paid on pro-rata percentage basis to the gross value of the work billed
beyond 10% in such a w ay that the entire advance is recovered by the time
eighty percent of the gross value of the Contract is executed and paid together
with interest due on the entire outstanding amount up to the date of recovery of
the installment. Recovery of advance at any intermediate stage shall be
effected, If necessary , by encashment of part Bank Guarantees it the
appropriate prorata amount of advance is not available from the work done by the
Contractor.

\/v) If the circumstances are considered reasonable by the Engineer-in-Charge,

the period mentioned in (ii) and (iii) for request by the Contractor in writing for
grant of mobilization advance and Plant and Machinery advance may be
Before Issue After
Insertions ( I) ........... Insertions ( I ) .....
Corrections (C R )__
2, Corrections (C R )
fJlU-
Cutting (C T )........... Cutting (C T ).....
Omissions (O M )..... Omissions (O M ).... <v.
Over W ritin g (O W ). Over Writing (O W ).(
V'!-

2643
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A I.E G A Island. M A U R IT IU S ”

P A RT - 3 (G C C )

extended in the discretion o f the Engineer-in-Charge.

^ A d d itio n a l Advance
v vi) An Additional Advance, not exceeding 5 % of the tendered value, may be given
''n to the
Contractor by the Engineer-in-Charge if, in his opinion, giving of such advance
will result in improvement in the pace of construction and its likely completion
within the stipulated period or by already extended date of completion. The
Additional Advance shall be given against a Bank Guarantee for an amount equal
to 115% of the Additional
Advance issued by a scheduled commercial bank in a format sim ilar to that
given in
Annexure C. Additional Advance shall not be given unless 50% of the tendered
value of work has been completed. The rate of interest chargeable on the
Additional Advance shall be 3 (three) percentage points per annum above the
Base Rate of State Bank of India on the date of advance. Recovery of such
advance shall be made by deduction commencing from the Contractor's first
bill received after payment of advance on pro-rata percentage basis to the gross
value of the work billed in such a way that the entire advanoe is recovered by the
time eighty percent of the gross value of the Contract is executed and paid
together with interest due on the entire outstanding amount up to the date of
recovery. Recovery of advance at any intermediate stage shall be effected,
if necessary , by encashm ent of part Bank Guarantees if the appropriate prorata
amount of advance is not available from the work done by the Contractor.
^ vii) Applicability of Clause 10 (B ) (ii) to (vi)

Provided always that provisions of CJause B (ii) to (vi) shall be applicable only
when so provided in Sch ed u le ‘F 's S ^ ( iO ( '0 0? ^

C LA U SE 1 0 C

Paym ent on A ccount of In crease in Prices/ W ages due to Statutory

O rd e r(s) Deleted

C LA U SE 10 CA

Paym ent due to variation in p rices o f m aterials after receipt of tender

Deleted

Before Issue After Receipt

S7
Insertions (I) Inseitions<I)................. /
Corrections (C R ) Corrections (C R ).......... y y ^
Cutting <CT) Cutting<CT)............. . S '
Omissions <OM) Omissions (O M )...... . J L .
Over W riting (O W ). Over W riting ( O W ) / . , ^ -

2644 6 JUN 2018

D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T - 3 (G C C )

CLAUSE 10 CC
Payment due to increase/decrease in prices/wages after Receipt of Tender
for
Works
This dause will be applicable only when so provided in Schedule * F .j

If the prices of m aterials (not being m aterials supplied or services rendered at

fixed prices by the Em ployer in accordance with Clauses 10 & 34 hereof) and/
or wages of labour required for execution of the work increase, the Contractor
shall be compensated for such increase as per provisions detailed below and the
amount of the Contract shall accordingly be varied, subject to the condition that
such compensation for escalation in prices and wages shall be available only
for the work done during the stipulated period of the contract including the
justified period extended under the provisions of Clause 5 of the contract without /
any action under Clause-2. However, for works executed during the justified
period extended as above, the compensation as detailed below w ill be lim ited
to the indices/wages prevailing at the time of stipulated date of completion or as
prevailing for the period under consideration, whichever is less. Such
compensation for escalation in the prices of m aterials and labour, when due,
shall be worked out based on the following provisions:-
i) The base date for working out such escalation shall be the last stipulated date of
receipt of tenders including extension, if any.
ii) The cost of work on which the escalation will be payable shall be reckoned as
below :

a) Gross value of work done upto this quarter (A )

b) Gross value of work done upto the last quarter (B )

c) Gross value of work done since previous quarter (A-B) (C ) >

d) Full assessed value of Secured Advance fresh paid in this (D )

quarter

e ) Full assessed value of Secured Advance recovered in this (E )

quarter

f) Full assessed value of Secured Advance for which F (D - E )

Before Issue After Reytofr-

Insertions ( I) ..................i Insertions ( I) .......... ....... / (X
Corrections (C R ).......... ] j j | i _ Corrections (C R ).......... >J
Cutting (C T ).................. N S2 ~ Cutting (C T )..............^
Omissions (O M )........... Omissions (O M )....... j ..
Over W riting (O W )....... ) Over W riting (O W )../.... I

.^1
t
RITESQhawao
I [P^N O . [Link].40M4
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2645 m w'8
\‘OA Gurgacav'22003
$
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S "

PA R T - 3 (G C C )

escalation ) is payable in this quarter

g) Advance payment made -during this quarter: <G)

h) Advance payment recovered during this -quarter: (H ) (G-H)

i) Advance payment for which escalation is payable in this (0

quarter

j) Extra items, Substituted Items and Deviated Quantities paid (J)

as per Clause 12 based on prevailing market rates during this
quarter

Then, M = C + F + I- JN = 0.85 M

k) Less cost of material supplied by the Em ployer as per (K)

Clause 10 and recovered during the quarter

I) Less cost of services rendered at fixed charges as per (L>

Clause 34 and recovered during the quarter Cost of work for which escalation
is applicable:

W = N - (K + L)

iii) Components of cement, steel, m aterials, labour, PO L, etc. shall be pre­

determined for every work and incorporated in the conditions of Contract
attached to the tender papers included in Schedule 'E '. The decision of the
Engineer-in-Charge in working out such percentage shall be final and binding on
the Contractors. The percentages stipulated for the different components in
Schedule ‘E ’ will continue to be applicable even if the percentages vary as per
actuals at the stage of execution of works.

iv) The compensation for escalation for cement, steel, m aterials, and PO L
shall be worked as per the formula given below :

Before Issue After Recahrt

Insertions ( I) ................. 1 Insertions ( I ) .......... ....... / f
Corrections (CR). Corrections (C R ).......... | / f
Cutting (C T )...... Cutting<CT)............ .ck
Omissions (O M ). Omissions (O M )..... n __
Over Writing <OW Over W riting (O W Y ...... y^ - x

2646
JUN 2018
D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

a ) Adjustment for component of "Cement*

V c =W x Xc x C i- C to
100 C lo

V c : Variation in cem ent cost i.e. increase or decrease in the amount in rupees to be
paid or recovered.

W : Cost of work done, worked out as indicated in sub-para (ii) above.

X c: Com ponent of cem ent expressed as percent of the total value of work

C l: Monthly W holesale Price Index for G re y cem ent for the period under
consideration as published by the Econom ic Advisor to Govt, of India,
Ministry of Commerce & Industry

C lo : Monthly W holesale Price Index for G rey cem ent as published by the
Econom ic Advisor to Govt, of India, Ministry of Commerce & Industry as valid
on the last stipulated date of receipt of tenders including extension, if any.

b) Adjustment for component of 'S te e l'

Vs = W x Xs x S I - S lo
100 Slo
Vs : Variation in steel cost i.e. increase or decrease in the amount in rupees to be
paid or recovered.
W : Cost of work done, worked out as indicated in sub-para (ii) above.

Xs : Component of steel expressed in percent of the total value of work

S I : Monthly W holesale Price Index for steel (Rebar) for. the period under
consideration as published by the Econom ic Advisor to Govt, of India, Ministry
of Commerce & Industry. However, the Price Index shall be minimum of the
following:-
i) Index for the month when the last consignment of steel reinforcement for the
work is procured or
ii) Index for the month by which half of the stipulated Contract period is
D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L B G A Island. M A U R IT IU S "

PART - 3(GCC|
over.

iii) index for the period under consideration

Sk>: Monthly W holesale Price Index for steel (R eb ar) published by the Econom ic
Advisor to Govt, o f India, Ministry of Com m erce & Industry as valid on the
last stipulated dale of receipt of tenders including extension, if any.

c) Adjustment for component of

'M aterials'

VM = W x XM x M l - Mlo
100 Mlo

VM : Variation of m aterial cost i.e. increase or decrease in the amount in rupees

to be paid or recovered.

W : Cost of work done, worked out as indicated in sub-para (ii) above.

Xm : Component of 'm aterials' expressed as percent of the total value of work.

Ml : Monthly W holesale Price Index for a ll commodities for the period

under consideration as published by Econom ic Advisor to Govt, of India,
Ministry of Commerce & Industry.

M lo :Monthly W holesale Price Index for all commodities valid on the last
stipulated date of receipt of tender including extension, if any, as
published by Econom ic Advisor to Govt, of India, Ministry of Commerce
& Industry.

Adjustm ent fo r Com ponent o f PO L

V F =W x Z x F I - Flo
100 Flo

V F : Variation of cost of Fuel, O il & Lubricant i.e. increase or decrease in the

amount in rupees to be paid or recovered._________________________________
Before Issue
Insertions ( I ) ......
Corrections (CR)
Cutting (C T ).....
Omissions-(OM).
 D E V E L O P M E N T o f IN F R A S T R U C T U R E a! A G A L E G A Island, M A U R IT IU S "

PA R T - 3 (G C C )

W : Cost of work done, worked out as indicated in sub-para (ii) above.

Z : Component of Fuel, O il & Lubricant expressed as percent of the total value of

work. F I FI Monthly W holesale Price Index for High Speed D iesel for
the period under consideration as published by Econom ic Advisor to G o vt
of India, Ministry of Com m erce & Industry, New Delhi.

Flo :Monthly W holesale Price Index for High Speed D iesel valid on the last
stipulated date of receipt of tender including extension, if any as published
by Econom ic Advisor to Governm ent of India, Ministry of Commerce &
Industry.
v) The following principles shall be followed while working out the indices
mentioned in para

(iv) above.

(a ) The compensation for escalation shall be worked out at quarterly intervals

and shall be with respect to the cost of work done as per bills paid during
the three calendar months of the said quarter. The first such payment shall
be made at the end of three months after the month (excluding) in which
the tender was accepted and thereafter at three months interval. At the
time of completion of work, the last period for payment might become
less than 3 months, depending on the actual date of completion.
(b) The index (C l, S I, Ml, F I etc.) relevant to any quarter/ period for which such
compensation is paid shall be the arithmetical average of the indices
relevant to the three calendar months. If the period upto date of
completion after the quarter covered by the last such installment of
payment, is les than three months, the index C l, S I, Ml and F I shall be
the average of the indices for the months frilling within that period.
vi) The compensation for escalation for labour shall be worked out as per the
formula given below :
V L = W x _Y x LI - Llo
100 Llo

V L : Variation in labour cost i.e. increase or decrease in the amount in rupees

to be paid or recovered.

W : C ost of work done, worked out as indicated in sub-para (ii) of Clause 10 CC.

Bcton
Inserti
Correc
Cuttini
Omiss
Over \
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A I JI G A Island. M A U R IT IU S ' ■jC
P A R T - J(G C C )

Y : Component of labour expressed as a percentage of the total value of the

work.

Llo : Highest Minimum daily wage in rupees of an unskilled adult male

mazdoor, fixed under any law, statutory rule or order as on the last
stipulated date o f receipt of tender including extension, if any.

LI : H ig hest Minimum wage in rupees of an unskilled adult male mazdoor,

fixed under any law, statutory rule or order as applicable on the last date of
the quarter previous to the one under consideration.

vii) The following principles will be followed while working out the compensation as
per sub- para (vi) above.

(a) The minimum wage of an unskilled m ale mazdoor mentioned in sub-para

(vi) above shall be the higher of the wage notified by Government of India.
Ministry of labour and that notified by the local administration both relevant
to the place of work and the period of reckoning. It is not necessary that Llo
and LI should be those notified by the sam e Body.

(b) The escalation for labour also shall be paid at the sam e quarterly
intervals when escalation due to increase in cost of materials and/ or PO L
is paid under the clause. If such revision of minimum wages takes place
during any such quarterly intervals, the escalation compensation shall be
payable at revised rates only for work done in subsequent quarters.

(c ) Irrespective of variations in minimum wages of any category of

labour, for the purpose of this clause, the variation in the rate for an
unskilled adult m ale mazdoor alone shall form the basis for working out
the escalation compensation payable on the labour component.
viii) In the event the price of m aterials and/ or wages of labour required for
execution o f the work decrease/s, there shall be a downward adjustment of the
cost of work so that such price of m aterials and/or wages of labour shall be
deductible from the cost of work under this Contract and in this regard the
formula herein before stated under this Clause 10CC shall mutatis mutandis
apply, provided th a t:

Before Issue After Receipt

Insertions (1) Insertions(I)....
Corrections ( Corrections (C R )
Cutting (C T ) Cutting (CT)__
Omissions (( Omissions ^vivi^
vtuiaaiiiiu (OM)
O ver Writing Over W riting(O

6 JUN-2018
 D E V E L O P M E N T o f IN FRA STR U C T U RE a! A G A L E G A Island, M A U R IT IU S ”

P A R T - 3 (G C C )

(a ) no such adjustment for the decrease in the price of m aterials and/ or wages
of labour aforementioned would be m ade in case of Contracts in which the
Clause 10 CC is not applicable as indicated in Sch ed u le *F .
(b) the Engtneer-in-Charge shall otherwise be entitled to lay down the
procedure by which the provisions of this sub-clause shall be implemented
from time to time and the decision of the Engineer-in-Charge in this behalf
shall be final and binding on the Contractor.

(ix) The Contractor shall furnish the basic data, initially and periodically during the
course of work about C l, C lo , S I, Slo , M l, Mlo, FI, FI6 , LI, Lid etc. required
for computations under clause 10CC, along with copy of supporting documentary
evidence.

C LA U SE1 0 D

D ism antled M aterial Em ployers’ Property

The Contractor shall treat all m aterials obtained during dismantling of a

structure, excavation of the site for a work, etc. as the Em ployer's Property and
such materials shall be disposed off to the best advantage of the Em ployer
according to the instructions in writing issued by the Enqineer-in-Charqe.

C LA U SE 11

W ork to be Executed in A ccordance w ith Sp ecificatio n s, D raw ings, O rders etc.

The Contractor shall execute the whole and every part of the work in the most
substantial and workmanlike manner both as regards m aterials and otherwise
in every respect in strict accordance with the specifications. The Contractor
shall also conform exactly, fully and faithfully to the design, drawings and
instructions in writing in respect of the work signed by the Engineer-in-Charge
and the Contractor shall be furnished free of charge one copy of the Contract
documents together with specifications, designs, drawings and instructions
as are not included in the standard specifications of Central Public works
Department or any other organization specified in Schedule 'F ' or in any
Bureau of Indian Standard or any other, published standard or code or,
Schedule of Rates or any other printed publication referred to elsew here in the
Contract
Before Issue
Insertions (I)......
Corrections (C R).
Cutting (C T ).............. .
Omissions (O M )..........
Over W riting (O W ).....

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P A RT - 3 (G C C )

Any reference made to the standards, specifications issued by the B IS and other
sim ilar organizations 6hall be deemed to include the latest edition of issue of
such standards, specifications and bye-laws including all
revisions, amendments, and addenda subsequently issued. W here IS I
Standards exist in respect of m aterials, then the m aterials shall in all respects
comply with the relevant and current IS I. In such cases where IS I
Specifications do not exist nearest equivalent International Standards/
Specifications will be followed. in absence of either the specified
m anufacturers' specifications shall be followed. In absence of all these, the
Engineer's instructions shall be followed.

If any ambiguity arises as to the meaning of any of portion of the

specifications and drawings or as to execution or quality of any work or m aterial
or as to measurement of the works, the decision of the Engineer-in-Charge shall
be final and binding on the Contractor.

The Contractor shall com ply with the provisions of the Contract and with the
care and diligence execute and maintain the works and provide all labour and
m aterials, tools and plants including for measurements and supervision of all
works, structural plans and other things of temporary or permanent nature
required for such execution and maintenance in so far as the necessity for
providing these, is specified or is reasonably inferred from the Contract. The
Contractor shall take full responsibility for adequacy, suitability and safety of all
the works and methods of construction.

CLAUSE 12

DEVIATIONS/VARIATIONS EX TEN T AND PRICING

The Engineer-in-Charge shall have power (i) to make alteration in,
omissions from, additions to, or substitutions for the original specifications,
drawings, designs and instructions that may appear to him to be necessary or
acMsable during the progress [Link]. ang^in fo o m T a part of the works in
“case oFnoh-availability of a portion of the site or for any other reasons and the
Contractor shall be bound to cany out the works in accordance with any
instructions given to him in writing signed by the Engineer-in-charge^ and such
alterations om issions^TiiM tionsor substitutions shall form part of toe Contract as
if originally provided therein and any altered, additional or substituted work
which the Contractor m ay be directed to do in the manner specified above as
part of toe works, shall be carried out by the Contractor on the sam e conditions
in all respects including price on which he agreed to do the main work except as
Before I s s u e A fter Receii
Insertions (1)............
Corrections (C R )___
Cutting (C T )...........
Omissions (O M ).....
fJll-
Insertions ( I ) ..........
Corrections (C R )—
Cutting (C T )..............
Omissions (O M )...... .Sr.
/
T y-
Over W riting (O W ). Over Writing (O W )^ !.. ^ •'
D E V E L O P M E N T (^ IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

PA R T - 3 (GCC1

hereafter provided. The Contractor shall not carry out any exjra item or
substituted iteou qr quantity tn eiooess ^ o u ia te d in
Schedule *F of ^em s coyened bylSchedule of Quantities, without specific
^ Engpneer-jn-Chanae" In M s u c h cases^the Corifractor
shall advise the Engineer-in-Charge tn writing as soon as he observes the
necessity for execution o f such item or excess quantity.

12.1 The time for completion of the works shall, in the event of any deviations
resulting in additional cost over the tendered value sum being ordered, be
extended, if requested by the Contractor, as follows:
i) in the proportion which the additional cost of the altered, additional or
substituted work, bears to the original tendered value plus
ii) 25% of the time calculated in <i) above or such further additional tim e as
may be considered reasonable by the Engineer-irvCharge which decision
shall be final and binding on the Contractor.

12.2 (a) Deviation, Extra items and Pricing

In the case of extra item (s) (item s that are completely new and are in addition to
the items contained in the Contract) the Contractor may within fifteen, .days trf^
receipt of order or occurrence of the item (sj claim rates, supported by proper
analysis, for the work and ihe Engineer^n-Charge shall within one m orithof
the receipt of the claim s supported by analysis, after giving consideration to
the analysis of the rates submitted by the Contractor, determine the rates on the
basis of the market rates and the Contractor shall be paid in accordance with
the rates so determined.

(b) Deviation, Substituted Items, Pricing

In the case of substituted item s (item s that are taken with partial substitution or
in lieu of items of work in the Contract) the rate for the agreement item (to be
substituted) and substituted item shall also be determined in the manner as
mentioned in the following para.
(i) If the market rate for the substituted item so determined is more than the market
rate of the agreement item (to be substituted) the rate payable to the
Contractor for the substituted item shall be the rate for the agreement item (to be
substituted) so increased to the extent
of the difference between the market rates of substituted item and the
agreement item (to be substituted).

Before Issue After Receipt

Insertions (I)...... Insertions ( l) .......... ....... /
Corrections (C R ). Corrections (C R ).......... s j 1
Cutting (C T ) »Jll_ Cutting (C T )....
Omissions (O M ).... Omissions (O M )
Over W riting (O W ) Over Writing (O W ).

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P A R T - 3 (GCC)

<«> If the market rate for the substituted item so determined is less than the market
rale of the agreem ent item (to be substituted) the rate payable to- the
Contractor for the substituted item shall be the rate for the agreem ent item (to be
substituted) so decreased to the extent of the difference between the market
rates of substituted item and the agreem ent item (to be substituted).

(c) D eviation, D eviated Q uantities, Pricin g P J'

In the case of Contract items, Substituted items an^ Contract cum Substituted
items which exceed the limit laid down in Sch ed u le ‘F ’ the following procedure
shall be followed in making payment for the Quantity as actually executed.

<0 If the Contract Quantity is A units and Deviation percentage stipulated in

Sch edu le’ F ’ is B % , the payment will be effected at Contract BO Q unit
rate for that item for the Quantity (A + A x B ) termed as (say) C
\

(®3 For the Quantity exceeding C and upto 1.20C, payment will be effected at
97% of Contract BOQ unit rate.
(iii) For the Quantity exceeding 1.2Q C,iheContractor may within fifteen days
of receipt of order or occurrence of the extra, claim revision of. the rate
supported by proper an alvsis., If the rate so claim ed Is in excess of 97%
of ContracTBO Q unit rate for that item, the Engineer-in-Charge shall
within one month of receipt of the claim supported by analysis, and after
giving*'consideration to the analysis of the rates submitted by the
Contractor, determine the rate on the basis of the market rates and the
Contractor shall be paid in accordance with the rate as determined. In
case where the Contractor does not submit any claim for revision of rate
and the Engineer-in-Charge is of the opinion that even 97% of Contract
BOQ unit rate is on the higher side, he can determine the rate on the
basis of the market rate analysis and the Contractor shall be paid in
accordance with such revised rate as determined by the Engineer-in-
Charge.
12.3 In case the quantity executed is less than the Contract Quantity for any item,
payment will be effected at the Contract BO Q rate if the executed quantity is
within the Deviation limit stipulated in Sch edu le ‘F ’. If the executed quantity is
even lesser than that the paym ent w ill s till be e ffe cte d o n ly a t BO Q rate
for the fu ll q u an tity as ex ecu ted .
12.4 The Contractor shall send to the Engineer-in-Charge onoe every three months
an upto date account giving complete details of all daim s for additional
payments to which the Contractor may consider himself entitled and of all
additional work ordered by the Engineer-in-Charge which he has executed

Before Issue After Rec<

Insertions (I). Insertions ( I ) .................. /
Corrections (C R ).......... Corrections (CR)..........
Cutting (CT). JsilL- u Cutting (CT)............ . Ik
Omissions (OM). Omissions (O M )__ o
Over Writing (O W ) Over Writing (OW)L..... V '

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D E V E L O P M E N T o flN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ”

P A R T - 3 (G C C )

during the preceding quarter failing which the Contractor shall be deemed to
have waived his right. However, the Engineer-in-Charge may authorize
consideration of such claim s on merits.

12.5 For the purpose of operation of Schedule ‘F , except in cases where there is a
specific definition of Foundation in Schedule ‘F , the following works shall be
treated as works relating to foundation.
i) For Buildings: A ll w orks upto 1.2 meters above ground level or upto floor
1 level, whichever is lower.

ii) For abutments, piers and wqli steining:- All works upto 1.2 m above the bed
level.
iii) For retaining walls, wing w alls, compound walls, chimneys, over head
reservoirs/tanks and other elevated structures: All works upto 1.2 metres
above the ground level.
iv) For reservoirs/tanks (other than overhead reservoirs/tanks). All works
upto 1.2 m above the ground level.
v) For basem ent: All works upto 1.2 m above ground level or upto floor 1
level, w hichever is lower.
vi) For Roads, all items of excavation and filling including treatment of sub-base.

12.6 Any operation incidental or necessarily has to be in contemplation of tenderer

while filing tender, or necessary for proper execution of the item included
in the Schedule of quantities or in the Schedule of Rates mentioned above,
whether or not, specifically indicated in the description of the item and the
relevant specifications, shall be deemed to be included in the rates quoted by
the tenderer or the rate given in the said Schedule of Rates, as the case may
be. Nothing extra shall be adm issible for such operations.

CLAUSE 13
Foreclosure of Contract due to Abandonment or Reduction in Scope of Work
If at any time after acceptance of the tender the Em ployer shall decide to
abandon or reduce the scope o f the works for any reason whatsoever and
hence not require the whole or any part of the works to be carried out, the
Engineer-in-Charge shall give notice in writing to that effect to the Contractor
and the Contractor shall act accordingly in the matter. The Contractor shall
have no claim to any payment of compensation or otherwise whatsoever, on
Before Issue
Insertions ( I ) .....
Corrections (C R ).
Cutting (C T )..........
Omissions (O M ).....
Over W riting (O W ),

j \j n 20M
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S ''

P A R T - 3 (G C C )

account of any profit or advantage which he might have derived from the "
execution of the works in full but which he did not derive in
consequence of the foreclosure of frie whole or part of the works.

The Contractor shall be paid at the rates as stipulated in C lause 12 for works
executed at site and, in addition, a reasonable amount as certified by the
Engineer-in-Charge whose decision shall be final and binding on the
Contractor, for the items hereunder mentioned which could not be utilized on
the work to the full extent in view of the foreclosure:

i) Any expenditure incurred on preliminary site work, e.g. temporary >

access roads, temporary labour huts, staff quarters and site office, ^
storage accommodation and water storage tanks.

ii) The Employer shall have the option to take over Contractor’s m aterials or
any part thereof either brought to site or of which the Contractor is legally
bound to accept delivery from suppliers (for incorporation in or incidental
to the work) provided, however, the Em ployer shall be bound to take
over the materials or such portions thereof as the Contractor does not
desire to retain. For materials taken over or to be taken over by the ^
Em ployer cost of such materials as detailed by Engineer-in- Charge
shall be paid. The cost shall, however, take into account purchase price,
cost of transportation and deterioration or damage which m ay have been
caused to materials whilst in the custody of the Contractor.

iii) If any materials supplied by the Em ployer are rendered surplus, the
same except normal wastage shall be returned by the Contractor to the
Employer at rates not exceeding those at which these w ere originally
issued less allowance for any
deterioration or damage which may have been caused whilst the
m aterials were in the custody of the Contractor. In addition, cost of
transporting such materials from site to the Em ployer's stores, if so
required by the Em ployer shall be paid.

iv) Reasonable compensation for transfer of T & P from site to Contractor's

permanent stores or to his other works, whichever is less. If T & P are not
transported to either of the said places, no cost o f transportation shall be
payable.

Before Issue After Receipt

Insertions (I).............. Insertions ( I) .................. /
Corrections (CR)...... . Corrections (C R ).......... . J
Cutting (CT).............. Cutting (C T ).............. ,
Omissions (OM)........ Omissions (O M )........Ja •
Over Writing (OW)... Over Writing (O W )./ :... P /
D E V E L O P M E N T of IN F R A S T R U C T U R E at A G A L E G A Island, M A URITIU S**

P A R T - 3 (G C C )

v) Reasonable compensation for repatriation of Contractor's site staff and

imported labour to the extent necessary.

The Contractor shall, if required by the Engineer-in-Charge furnish to him

books of account, wage books, time sheets and other relevant documents
and evidence as may be necessary to enable him to certify the
reasonable amount payable under this condition.

f The reasonable amount of items on (j), (iv) and (v) above shall notbe injaxoess
“ of 2 % of the cost of the work remaining incomplete on the date of closure, i.e.
,n E ^ rs fiF £ ila l^ :^ T ^ '^ '^ i^ M ''j^ r "a c o e p ^ ''£ e n id e n ^ s the cost of work
actually executed under the Contract and less the cost of Contractor’s materials
at site taken over by the Em ployer as p er item (ii) above. Provided always that
against any payments due to the Contractor on this account or otherwise, the
Engineer-in-Charge shall be entitled to recover or be credited with any
outstanding balances due from the Contractor for advance paid in respect of
any tool, plants and materials and any other sums which at the date of
termination were recoverable by the Em ployer from the Contractor under the
terms of the Contract.

CLAUSE 14

Taking away part work due to defaujt of the Contractor and recovery of
additional cost

If Contractor:

At any time makes default during currency of work or does not execute any part
of the work with due diligence and continues to do so even after a notice in
writing of 7 days in this respect from the Engineer-in-Charge; or

Commits default in complying with any of the terms and conditions of the
contract and does not remedy it or does not take effective steps to remedy it
within 7 days even after a notice in writing is given in that behalf by the
Engineer-in-Charge; or

Fails to complete Hie work(s) or item s of work with individual dates of

completion, on or before the date (s) so determined, and does not complete
them within the period specified in the notice given in writing in that behalf by the
Engineer-in-Charge.

Before Issue After Receipt

Insertions ( I) ................. » Insertions ( I ) ..........
Corrections (C R )....... . Corrections (C R ).....
Cutting (CT)............... Cutting (C T )........... .
Omissions (O M )......... Omissions (O M ) ....-$>-'■
Over Writing (O W ).... Over W riting (O W )# ^ /.. R /

■£/ "0- V
RITES Bhsv.-an 9 \
|PtotNal4*. £. .\v :
\
2657
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/> >
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D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S ’

P A R T -3 < G C C )

The Engineer-in-Charge on behalf of the Employer, without invoking action under

clause 3 may, without prejudice to any other right or remedy against the contractor
which have either accrued o r accrue thereafter to the Employer, by a notice in writing
to take the part work / part incomplete work of any item (s ) out oH ms han<te and sHali
have powers to:

a) Take possession of the site and any m aterials, constructional plant, implements, /
stores etc., thereon; and / or L,
(
b) Carry out the part work / part incomplete work of any item (s) by any other Agency.

In such an event, the Contractor shall be liable for loss / damage suffered by the
Em ployer because of action under this dause and to compensate for this loss or
damage, the Em ployer shall be entitled to recover a sum equivalent to 20% of the
value of the part vyork / part incoimblete work so taken away subject to a maximum
nfirSit'of To% of the Tendered value of the work. 1 1^ t/f
The value of the work taken away shall be calculated for the items and Q uantities
taken away, at the Agreement rates including price variation as applicable on the date
when notioe in writing for taking aw ay part work, was issued to the Contractor. The
Contractor from whom part work is being taken out, shall not be allowed to participate
in jh e tenderinaprocess for carrying out such work,j

The amount to be recovered from the Contractor as determined above, shall, without
prejudice to any other right or rem edy available to the Employer as per law or as per
agreement, will be recovered from any money due to the Contractor on any account
and if such money is insufficient, the contractor shall be called upon in writing and he
shall be liable to pay the same within 30 days.

If the contractor fails to pay the required sum within the aforesaid period of 30 days,
the Engineer-in-Charge on behalf of the Em ployer shall have the right to sell any or all
of the Contractor’s unused m aterials, constructional plant, implements, tem porary
building at site etc., and adjust the proceeds of sale thereof towards the dues
recoverable from the contractor under the contractor and if thereafter there rem ains
any balance outstanding, it shall be recovered in accordance with the provisions of the
contract.

In the event of above course being adopted by the Engineer-in-Charge, the contractor
shall have no claim to compensation for any loss sustained by him by reasons of his
having purchased or procured any m aterials or entered into any engagements or
made any advance on any account or with a view to the execution of Hie work or the
performance of the contract
Before Issue After Receipt
Insertions (I)................... \ Insertions ( I) ................. /
Corrections (CR)........... \ Corrections (C R ).......... .
Cutting (CT).................... Cutting (C T )............ -
Omissions (OM) ........ Omissions (O M ).....-Jv,
Over Writing (OW)......J k Over Writing (OW)^..._ y-
D E V E L O P M E N T o f IN F R A S T R U C T U R E ai A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

CLAUSE 15

Suspension of Work

i) The Contractor shall, on receipt of the order in writing of the Engineer-in-

Charge, (whose decision shall be final and binding" on the Contractor) suspend
the progress of the works or any part thereof for such time and in such
manner as the Engineer-in-Charge may consider necessary so as not to cause
any dam age or injury to the work already done or endanger the safety thereof
for any of the following reasons:

a) on account of any default on the part of the Contractor or;

b) for proper execution of the works or part thereof for reasons other than the
default of the Contractor; or

c) for safety of the works or part thereof.

The Contractor shall, during such suspension, properly protect and secure the
works to the extent necessary and carry out the instruction given in that behalf
by the Engineer-in- Charge.

ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above.

a) The Contractor shall be entitled to an extension of time equal to the period of

every such suspension plus 25%, for completion of the item or group of items
”"6fw ork for which a separate" period ofcom pletion is sp ed fied tnthe Contract
and of which the suspended work forms a part, and;

b) If the total period of all such suspensions in respect of an item or group of

items of work for which a separate period of completion is specified in the
Contract exceeds thirty days, the Contractor shall, in addition, be entitled to
such compensation as the Engineer-in- Charge may consider reasonable in
respect of salaries and/ or wages paid by the Contractor to his employees
and labour at site, remaining idle during the period of suspension, adding
Before Issue
Insertions (I).
Corrections (C R ).
Cutting (C T )......
Omissions (O M ).
Over Writing (OW).
 D E V E L O P M E N T of IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S "

P A R T - 3 <GCC)

thereto 2 % to cover indirect expenses of the Contractor. Provided the

Contractor submits his daim supported by^ details, to .the E i^ in ^ H r^ h a rge_.
within fifteen days offifre'ejipfy of ^

iv) If the works or part thereof is suspended on the orders o f the Engineer-
in-Charge for more than three months at a time, except when suspension
is ordered for reason (a) in sub-para (i) above, the Contractor may after
receipt of such order serve a written notice on the Engineer-in-Charge
requiring permission within fifteen d a v s ro m receipt by the Engineer-in-
Charge of the said notice, to proceed with the work or part thereof in
regard to which progress has been suspended and if such permission is
not granted within that time, the Contractor, if he intends to treat the
suspension, where it affects only a part of the works as an omission of
such part by the Em ployer or where it affects whole o f the works, as an
abandonment of the works by the Em ployer, shall within ten days of
expiry of such period of 15 days give notice in writing of his intention to the
Engineer-in-Charge. In the event of the Contractor treating the suspension
as an abandonment of the Contract by the Em ployer, he shall have no
claim to payment of any compensation on account o f any profit or
advantage which he might have derived from the execution o f the work in
full but which he could not derive in consequence of the abandonment.
He shall, however, be entitled to such compensation, as the Engineer-in-
Charge may consider reasonable, in respect of salaries and/ or wages
paid by him to his em ployees ard labour at site, remaining idle in
consequence adding to the total thereof 2 % to cover indirect expenses of
the Contractor provided the Contractor submits his daim supported by
details to the Engineer-in-Charge within 30 days of the expiry of the period
of 3 months.

Provided further that the contractor shall not be entitled to daim any
compensation from the Em ployer for the loss suffered by him on account
of delay by the Em ployer in supply of m aterials in Schedule *B’ where such
delay is covered by difficulties relating to the supply of wagons, force
majeure induding non-allotment of such m aterials by controlling
authorities, acts of God, acts of enem ies of the state/country or any
reasonable cause beyond the control of the Employer.

CLAUSE 16

Action in case Work not done as per specifications

Before Issue After Receipt

Insertions (I).................... Insertions (1).......... ....... y T \ '
Corrections (CR).......... I / “I Corrections (C R ).......... V f
Cutting (CT).................. / N u —■ Cutting (C T )........... .jS . '
Omissions (OM)........... Omissions (O M )...../ .. X y .
Over Writing (OW) J Over W riting (O W f ...... *
P A R T - 3 (G C C )

A1I works under or in course of execution or executed in pursuance of the

Contract shall at alt tim es be open and accessible to the inspection and
supervision of the Engrneer hv Charge, his authorized subordinates in charge
of the work and ail the superior officers, officer of the Quality Control
Organization of the Em ployer or any organization engaged by the Em ployer for
Q ualify Assurance and of the C hief Technical Exam iner's Office, and the
Contractor shall, at all tim es, during the usual working hours and at all other
tim es at which reasonable notice of the visit of such officers has been given
to the Contractor, either him self be present to receive orders and instructions
or have a responsible agent duly accredited in writing, present for that
purpose. Orders given to the
Contractor's agent shall be considered to have the sam e force as if they
had been given to the Contractor himself.

If it shall appear to the Engineer-in-Charge or his authorized subordinates

incharge of the work or to the Chief Engineer-in-Charge of Quality Control or
his subordinate officers or the officers of the organization engaged by the
Em ployer for Q uality Assurance or to the Chief Technical Exam iner or his
subordinate officers, that any work has been executed with unsound.
imperfect, or unskillful vrorkmanship^ or v^ m a te ria ls or articles^ provided _by
him for the execution of the work which are unsound or of a quality inferior to
that contracted or otherwise not in accordance with the Contract, the
Contractor shall, on demand in writing which shall be made within twelve
months of the completion of the work from the Engineer-in-Charge specifying
the work, m aterials or articles complained of, notwithstanding that the same
may have been passed, certified and paid for, forthwith rectify, or remove and
reconstruct the work so specified in whole or in part, as the case may require
or as the case may be, remove the materials or articles so specified and
provide other proper and suitable m aterials or articles at his own charge and
cost. In the event of his failing to do so within a period specified by the
Engineer-in-Charge in his demand aforesaid, then the Contractor shall be
liable to pay com pensation at the sam e rate as under clause 2 of the Contract
(for non-completion of the work in tim e) for this default.

In such case the Engineer-in-Charge may not accept the item of work at
the rates applicable under the Contract but may accept such items at
reduced rates as the authority specified in Sch ed u le 'F may consider
reasonable during the preparation of on account bills or final bill if the item is
so acceptable without detriment to the safety and utility of the item and the
structure or he m ay reject the work outright without any payment and/or get it
and other connected and incidental items rectified, or removed and re-
executed at the risk and cost of the Contractor. Decision of the Engineer-in-
Before Issue After Receii
Insertions (I) Insertions (1).........
Corrections (C R ) Corrections (C R )...
Cutting (C T ) Cutting (C T ).........
Omissions (O M )
Over Writing (O W Over W ritin g (O w g /....
'i !
\

2661 »s»**
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P A R T - 3 (G C C )

Charge to be conveyed in writing in respect o f the same will be final and binding
on the Contractor.

C L A U S E 17

C on tractor Liab le for D am ages, defects during M aintenance Perio d and Refund
o f Se cu rity D eposit
If the Contractor or his working people or servants shall break, deface, injure
or destroy any part of building in which they m ay be working, or any building,
road, road kerb, fence, enclosure, w ater pipe, cables, drains, electric or
telephone post or wires, trees, grass or grassland, or cultivated ground
contiguous to the prem ises on which the work or any part is being executed, or
if any damage shall happen to the work while in progress, from any cause
whatever or if any defect, shrinkage or other faults appear in the work within the
maintenance period specified in Schedule F after a certificate final or otherwise
of its completion shall have been given by the Engineer-in-Charge as
aforesaid arising out of defect or improper materials or workmanship,
the Contractor shall upon receipt of a notice in writing on that behalf make the
sam e good at his own expense or in default the Engineer-in-Charge shall
cause the same to be made good by other workmen and deduct the expense
from any sums that may be due or at any time thereafter may becom e due to
the Contractor, or from his Security Deposit or the proceeds of sale thereof of a
sufficient portion thereof. The^ ggG yx^D eg^ tjof^ ejC ^ nfractor^ shall, no^.te
refunded before the expiry of the m aintenance period mentioned in Schedule -
F after the issue of t he certificate final or otherwise, of completion of
work, or till the final bill has been prepared and passed w hichever is later.
Provided that in the case of road work, if in the opinion of the Engineer-in-
Charge, half of the Security Deposit is sufficient to meet all liabilities of
the contractor under this contract, half of the Security Deposit will be
refundable on expiry of half the specified maintenance period and the
remaining half after expiry of the full m aintenance period from the date of issue
of the said certificate of completion or till the Final Bill has been prepared
and passed, whichever is later.

The specialized items of work

proofing work, kith seasoned and chem ically treated I wooden _shutters etc.

give specific guarantees that they shall be .responsible for rem oval of any
defect cropping up in these works executed by [Link]"!fce G u a ra n ty ...
p§fii^Ttie~T6im 7n which^ Itfie Guarantee is to be executed by the Contractor
on ar"‘stamp paper of the required value is at Annexure F1 & F 7

Before Issue After Receipt

Insertions (I).
Corrections (C R ).
fjiu Cutting (CT).....
Omissions
v i i i i j o i u i u (O M ). . . . . •y t. . «

Over Writing (O W )/ .( ..

2662
'2 6 JUN ?0 l 8
 s<i-gr cs

D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

PA R T - 3 (G C C )

respectively for W ater Proofing W orks and Anti Termite Treatm ent W orks.
The Contract shall not be considered as completed until a Maintenance
Certificate shad have been signed by the Engineer-in-Charge and delivened to
the Em ployer stating that the works have been completed and maintained to
his satisfaction. The M aintenance-Certificate .shall be given by the Engineer-
in^tjarge^^y^in, after the expiry ot—Aha Period of
Maintenance as stipulated above or as soon thereafter as any works ordered
during such period, shall have been completed to the satisfaction of the
Engineer-in-Charge and full effect shall be given to this clause,
notwithstanding any previous entry on the W orks or taking the possession,
working or using thereof or any part thereof by the Employer.

Not withstanding anything contained in the clause, Security Deposit of the work
will not be refunded unless the stipulations in clauses 45 and 45A are complied
with.

CLAUSE 18
Contractor to Supply Tools & Plants etc.
The Contractor shall provide at his own cost all m aterials (except such special
materials if any, as may in accordance with the Contract be supplied from the
Engineer-in-Charge's stores), machinery, tools and plants, appliances,
implements, ladders, cordage, tackle, scaffolding and temporary works
required for the proper execution of the work, whether original, altered or
substituted and whether included in the specification or other documents
forming part of the Contract or referred to in these conditions or not, or which
may be necessary for the purpose of satisfying or complying with the
requirements of the Engineer-in-Charge as to any matter as to which under
these conditions he is entitled to be satisfied, or which he is entitled to require
together with carnage therefore 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 setting out works and counting,
weighing and assisting the measurement for examination at any time and from
time to time of the work or m aterials. Failing his so doing the sam e may be
provided by the Engineer-in-Charge at the expense of the Contractor and the
expenses may be deducted, from any money due to the Contractor, under this
Contract or otherwise and/or from his security deposit or the proceeds of

Before Issue A fter

Insertions ( I ) ........... Insertions ( I) ......... .......... j
Corrections (C R )___
Cutting (C T )...........
70 Corrections (C R ).........
Cutting (C T ).............
Omissions (O M )..... Omissions (O M )........ S - . ',
Over W riting (O W ).. Over Writing (O W )./ . ,^'jj

2683
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 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T -3<GCC>

sale thereof, or of a sufficient portions thereof.

List of m andatory machinery, Tools and Plants to be deployed at site shall be as

CLAUSE 18 A
Recovery of Compensation paid to Workman
In every case in which by virtue of the provisions under sub-section (1) of
Section 12 of the Workmen’s Compensation Act, 1923, the Em ployer is
obliged to pay compensation to a workman employed by the Contractor, in
execution of the works, the Em ployer will recover from the Contractor the
amount of the compensation so paid; and, without prejudice to the rights of
the Em ployer under sub-section (2) of Section 12 of the said Act, the Em ployer
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 Employer to the
Contractor whether under this Contract or otherwise. The Employer shall not
be bound to contest any claim made against it under sub-section (1 ) Section
12 of the said Act, except on the written request of the Contractor and upon his
giving to the Employer full security for all costs for which the Employer might
becom e liable in consequence of contesting such claim.

CLAUSE 1 8 B
Ensuring Payment and Amenities to Workers if Contractor fails
In every case in which by virtue of the provisions of the Contract Labour
(Regulation and

Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition)
Central Rules,

1971, the Em ployer is obliged to pay any amounts of wages to a workman

em ployed by the Contractor in execution of the works, or to incur any
expenditure in providing welfare and health amenities required to be provided
under the above said Act and the rules under Clause 19H or under the
R IT E S Contractor’s Labour Regulations, or under the Rules framed by
Governm ent from time to time for the protection of health and sanitary
arrangem ents for workers employed by the Employer's Contractors, the

Before Issue
Insertions (I).
Corrections (C R )
Cutting (C T )...... 7/
Omissions (O M ).
O ver W riting (O W ).
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S "

P A RT - 3 (G C C )

Employer will recover from the Contractor the amount of wages so paid or the
amount of expenditure so incurred; and without prejudice to the rights of the
Em ployer under sub-section (2) of Section 20, and sub-section (4 ) of Section
21, of the Contract Labour (Regulation and Abolition) Act, 1970, the Em ployer
shall be at liberty to recover such amount or any part thereof by deducking it
from the Security Deposit or from any sum due by the .Em ployer to the
Contractor whether under this Contract or otherwise. The Em ployer shall not
be bound to contest any claim made against it under sub-section (1 ) of
Section 20, sub- section (4 ) of Section 21, of the said Act, except on the
written request of the Contractor and upon his giving to the Em ployer full
security for all exists for which the Em ployer might become liable in contesting
such daim.

CLAUSE 19
Labour Laws to be complied by the Contractor
i) The Contractor shall obtain a valid licence under the Contract Labour (R& A )
Act, 1970 and the Contract Labour (Regulation and Abolition) Central
rules 1971, before the commencement of the work, and continue to have a
valid license until the completion of the work. The Contractor shall also
abide by the provisions of the Child Labour (Prohibition and Regulation)
Act, 1986.

ii) The Contractor shall also comply with the provisions of Building and Other
Construction W orkers (Regulation of Employment and Conditions of Service)
Act 1996 and the B u ild in g and Other Construction W orkers’ W elfare Cess
Act, 1996.
Any failure to fulfill these requirements shall attract the penal provisions of this
Contract arising out of the resultant non-execution of the work.

CLAUSE 19 A
Employment of Under-age Labour
No labour below the age of fourteen years shall be employed on the work.

B e f o r e Iss u e
In sertio n s ( I ) ........
Corrections (CR)
Cutting (C T )................. ^ 'U '/ 2 -
Omissions (O M )....
Over Writing (OW ).
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T - 3 <GCO

C L A U S E 19 B

Paym ent o f w a g e s :

i) The Contractor shall pay to labour employed by him either directly or

through sub- Contractors, wages not less than fair wages as defined in the
R IT E S Contractor’s Labour Regulations or as per the provisions of the
Contract Labour (Regulation and Abolition) Act 1970 and the Contract
Labour (Regulation and Abolition) Central Rules, 1971, wherever applicable.
ii) The Contractor shall, notwithstanding the provisions of any Contract to the
contrary, cause to be paid fair wage to labour indirectly engaged on the work,
including any labour
engaged by his sub-Contractors in connection with the said work, as if the
labour had been immediately employed by him.
iii) In respect of all labour directly or indirectly employed in the works for
performance of the Contractor's part of this Contract, the Contractor shall
comply with or cause to be complied with R IT E S Contractor's Labour
Regulations from time to time in regard to payment of wages, wage period,
deductions from wages, recovery of wages not paid and deductions
unauthorisedly made, m aintenance of wage books or wage slips, publication of
scale of wages and other terms of employment, inspection and
submission of periodical returns and all other matters of the like nature or as
per the provisions of the Contract Labour (Regulation and Abolition) Act
1970, and the Contract Labour (Regulation and Abolition) Central Rules,
1971, wherever applicable.
iv) a) The Engineer-in-Charge concerned shall have the right to deduct from the
moneys due to the Contractor any sum required or estimated to be required
for making good the loss suffered by a worker or workers by reason of
nonfulfillment of the conditions of the Contract for the benefit of the
workers, non-payment of wages or of deductions made from his or their
wages which are not justified by their terms of the Contract or non-
observance of the Regulations.

b) Under the provision of Minimum W ages (Central) Rules 1950, the

Contractor is bound to allow to tte la ^ ^
in the works one' day rest for 6 days continuous work and pay wages at
'll% _s a m e ra te a sf 9J duty, in the even to fd efau it the Engineer-in-Charge
' I s f i a i r F a v e " d e d u c t the sum or sums not paid on account of
wages for weekly holidays to any labours and pay the sam e to the
persons entitled thereto from any money due to the Contractor by the
Engineer-in-Charge concerned.
Before Issue After Reteii
eiot
Insertions ( I) , .......... Insertions ( I ) ......
Corrections (CR)__ /

£
Corrections (C R ). f t
Cutting (C T )........... Cutting (C T )......
’’OtQissions (O M )..... Omissions (O M )........v . j>
O veTW riting (O W ).. Over W riting (O W )*/ ..,. y

2666 2 6 JUM 2018

 In the case of Union Territory of Delhi, however, as the all inclusive minimum
daily wages fixed under Notification of the Delhi Administration No.F.12 (162)
MWO/DAB/43884-91 dated 31.12.1979 as amended from time to tim e are
inclusive of wages for the weekly day of rest, the question of extra payment for
weekly holiday would not arise.

v) The Contractor shall comply with the provisions of the Paym ent of W ages Act,
1936, Minimum W ages Act, 1948, Em ployees Liability Act, 1938, Workm en’s
Compensation Act, 1923, Industrial Disputes Act, 1947, M aternity Benefits Act,
1961, the Contractor's Labour (Regulation and Abolition) A ct 1970, E S I A ct 1948
and E P F & M P Act, 1952 or the modifications thereof or any other laws relating
thereto and the rules made thereunder from time to time.
vi) The Contractor shall indemnify and keep indemnified the Em ployer against
payments to be made under and for the observance of the laws aforesaid and
the R IT E S Contractor’s Labour Regulations without prejudice to his right to
claim indemnity from his sub- Contractors.
vii) The laws aforesaid shall be deemed to be a part of this Contract and any breach
thereof shall be deemed to be a breach of this Contract.
viii) W hatever is the minimum wage for the time being, or if the wage payable is
higher than such wage, such wage shall be paid by the Contractor to the
workmen directly without the intervention of Jam adar and that Jam adar shall not
be entitled to deduct or recover any amount from the minimum wage payable to
the workmen as and by way of commission or otherwise.
ix) The Contractor shall ensure that no amount by way of commission or otherwise
is deducted or recovered by the Jam adar from the wage of workmen.

x) The Contractor shall comply with the provisions of E P F & M P Act, 1952 and E S I
Act, 1948 and also ensure that all his employees including all construction/site
workers are provided with Universal Account Number (UAN ) by registering
them on the EPFO Portal and that they are registered online under the E S I
Schem e
xi) The contractor shall submit proof of recovery and remittance of Em ployees
Provident Fund (E P F ), Em ployees Pension Schem e (E P S ), Em ployees Deposit
Linked Insurance (ED LI) and Em ployees State Insurance (E S I) as and when
required.

Before Issue After Receipt

Insertions ( I) ........... Insertions (I)................./
Corrections (CR)__ Corrections (CR)........
Cutting (CT)............ 74 Cutting (CT).............
Omissions (OM)..... Omissions (OM)...
Over Writing (OW).. Over Writing (OW)./.. .ji<.

2667 6 )ir-> 2 0 '*

D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S "

PA RT 3 (G C C )

CLAUSE 19C
Compliance with provisions in Safety Code
In respect of all labour directly or indirectly em ployed in the work for the
performance of the Contractor’s part of this Contract, the Contractor shall at his
own expense arrange for the safety provisions as per R IT E S Safety Code
framed from time to time and shall at his own expense provide for all facilities in
connection therewith. In case the Contractor fiaj|snJto iriaKe a iT a r^ n ^ t and
provide necessary facilities as aforSsaiffhe stiail be liatrfe to pay a p a ja liy Qf
Rs.200/- for eac* d e i^ the Engineer-irvCharge shall be at
lib iity 'to make arrangement and provide facilities as aforesaid and recover the
costs incurred in that behalf from the Contractor.

CLAUSE 19D
Submission of Fortnightly Labour Report
The Contractor shall submit by the 4th and 1 9 th of; every jjjjO fjJh , to the
Engineer-in- Charge a true statement showing in respect of the second half of
the preceding month and the first half of the current month respectively:
1) the number of labourers employed by him on the work,

2) their working hours,

3) the wages paid to them,

4) the accidents that occurred during the said fortnight showing the
circumstances under which they happened and the extent of damage and
injury caused by them, and
5) the number of fem ale workers who have been allowed maternity benefit
according to Clause 19F and the amount paid to them.

Failing which the Contractor shall be liable to pay to the Em ployer a sum not
exceeding Rs.200/- for each default or m aterially incorrect statement. The
decision of the Engineer- in-Charge shall be final in deducting from any bill due
to the Contractor the amount levied as fine and be binding on the Contractor.

CLAUSE 19 E
Compliance with the Rules on Health and Sanitary arrangements
Before Tctup After Receii
Insertions^!)...........
Corrections <CR).....
Cutting(CT)............ IS Insertions (I)...................y
Corrections (CR)......... • /
Cutting (CT)............A .
Omissions (OM)..... Omissions (OM)......£.. ^
Over Writing (OW).. Over Writing (OW*.

2668 26 JUN 2018

D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

In respect of all labour directiy or indirectly employed in the works for the
performance of the C ontactor's part of this Contract, the Contractor shall
comply with or cause to be complied with all the rules framed by R IT E S from
time to tim e for the protection of health and sanitary arrangements for workers
employed by the Em ployer and its Contractors.

CLAUSE 19 F
Maternity
Benefits

Leave and pay during leave shall be regulated as follow s:

1. Le a ve :

(i) in the case of delivery - m aternity leave not exceeding 8 weeks, 4 weeks
upto and including the day of delivery and 4 weeks following that day,
(ii) in the case of m iscarriage - upto 3 weeks from the date of miscarriage.

2. Pay:
(i) in the case of delivery - leave pay during maternity leave will be at the
rate of the women's average daily earnings, calculated on total wages
earned on the days when full time work was done during a period
of three months immediately preceding the date on which she gives
notice that she expects to be confined or at the rate of Rupee one only a
day whichever is greater.

(ii) In the case of m iscarriage - leave pay at the rate of average daily earning
calculated on the total wages earned on the days when full time work was
done during a period of three months immediately preceding the date of
such m iscarriage.
3. Conditions for the grant of Maternity Leave :

No maternity leave benefit shall be adm issible to a woman unless she

has been employed for a total period of not less than six months immediately
preceding the date on which she proceeds on leave.
4. The Contractor shall maintain a register of Maternity (Benefit) in the Prescribed
form as shown in Appendices I and II in the Proforma of Registers attached to
R IT E S Contractor’s Labour Regulations and the same shall be kept at the place
of work.

Before Issue After Re

Insertions (I)..................j Insertions (I)..................../yX*
' '■■

Corrections (CR).......... Corrections (CR).......... j/ ’V

Cutting (CT)............ Cutting (CT).............. i: ' '
Omissions (OM)..... Omissions(OM)........X V
Over Writing (OW).. Over Writing (OW).

1 I ^
R ITE S Bhawan
! * | Plot No. 144, Sector-
2669
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P A R T - 3 (G C C )

CLAUSE 19 G
Action in case of Non-observance of Rules and Regulations
In the event of the Contractor committing a default or breach of any of the
provisions of R IT ES' Contractor's Labour Regulations and Model Rules for the
protection of health and sanitary arrangements for the workers as amended
from time to time or furnishing any information or submitting or filing any
statement under the provisions of the above Regulations jand Rules which is
m aterially incorrect, he shall, without prejudice to any other liability, pay to the
Em ployer a sum not exceeding Rs.200/- foj^every default, breach or furnishing,
making, submUMfgrfilffig^
of the Contractor defaulting continuously in this respect the penalty may be
enhanced to Rs.200/- per day for each day of default subject to a maximum of 5
per cent of the estimated cost of the work put to tender. The decision of the
Engineer-in-Charge shall be final and binding on the parties.

Should it appear to the Engineer-in-Charge that the Contractor is not

properly observing and complying with the provisions of the R IT E S
Contractor's Labour Regulations, Model Rules and the provisions of the
Contract Labour (Regulation and Abolition) Act 1970, and the Contract
Labour (R & A) Central Rules 1971, for the protection of health and
sanitary arrangements for work-people employed by the Contractor
(hereinafter referred as "the said Rules") the Engineer-in-Charge shall have
power to give notice in writing to the Contractor requiring that the said
Rules be complied with and the amenities prescribed therein be provided to the
work-people within a reasonable time to be specified in the notice. If the
Contractor shall fail within the period specified in the notice to comply with and
observe the said Rules and to provide the am enities to the work-people as
aforesaid, the Engineer-in-Charge shall have the power to provide the
am enities hereinbefore mentioned at the cost of the Contractor.. The
Contractor shall erect, make and maintain at his ownexpense and to
approved standards all necessary huts and sanitary arrangements required
for his/ work-people on the site in connection with the execution of the works,
and if the same shall not have been erected or constructed, according to
approved standards, the Engineer-in-Charge shall have power to give
notice in writing to the Contractor requiring that the said huts and
sanitary arrangements be remodelled and/or reconstructed according to
_______approved standards and if the Contractor shall fail to remodel or reconstruct
Before Issue -__ After Receipt
Insertions (1)...........
Corrections (CR)....
Cutting (CT)........... 17
Omissions (OM)....
Over Writing (OW),
/.
D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S ”

PA R T - 3 (G C C )

such huts and sanitary arrangem ents according to approved standards

within the period specified in the notice, the Engineer-in-Charge shall have the
power to remodel or reconstruct such huts and sanitary arrangements
according to approved standards at the cost of the Contractor.

CLAUSE 19 H
Provision of Labour Camp with Amenities
The Contractor shall at his own cost provide his labour with a sufficient
number of huts (hereinafter referred to as the camp) of the following
specifications on a suitable plot of land to be approved by the Engineer in-
Charge.

i) a) The minimum height of each hut at the eaves level shall be 2.10m (7ft.) and
the floor area to be provided will be at the rate of 2.7 sq.m. (30 [Link] ) for
each member of the worker’s fam ily staying with the labourer.

b) the Contractor shall in addition construct suitable cooking places

having at minimum area of 1.80m x 1.50m (6'x5‘) adjacent to the hut for
each family.

c) The Contractor shall also construct tem porary latrines and urinals for the
use of the labourers each on the scale of not less than four per each one
hundred of the total strength, separate latrines and urinals being provided
for women.

d) The Contractor shall construct sufficient number of bathing and washing

places, one unit for every 25 persons residing in the camp. These i
bathing and washing places shall be suitably screened.

ii) a) Ail the huts shall have walls of sun-dried or burnt bricks laid in mud mortar
or other suitable local m aterials as may be approved by Engineer-in-
Charge. In case of sun-dried bricks, the walls should be plastered with
mud gobri on both sides. The floor m ay be kutcha but plastered with mud
gobri and shall be at least 15 cm (6 ") above the surrounding ground.
The roofs shall be laid with thatch or any other m aterials as may be
approved by the Engineer-in-Charge and the Contractor shall ensure that
throughout the period of their occupation the roofs remain water-tight.
Before Issue
Insertions (I). Insertions (I).....
Corrections (CR). Corrections (CR).
Cutting (CT)...... (CT)..............
Cutting (CT)__
Omissions (OM). Omissions (OM).
(OM)...
Over Writing (OW). Over Writing (OW

2671
6 JUN 2018 _
 £ 4 S S

r w
D E V E L O P M E N T o f IN F R A S T R U C T U R E a* A G A L E G A Island, M A URITIU S*

P A R T - 3 (G C C )

b) The Contractor shall provide each hut with proper ventilation.

c) All doors, windows, and ventilators shall be provided with suitable leaves for
security purposes.

d) There shall be kept an open space of at least 7.2m <8 yards) between the
rows of huts which may be reduced to 6m (20 ft.) according to the
availability of site with the approval of tfie Engineer-in-Change. Back to
back construction will be allowed.

iii) W ater Supply - The Contractor shall provide adequate supply of water for the
t use of labourers, The provisions shall not be less than two gallons of pure
and wholesome water per head per day for drinking purposes and three
gallons of clean water per head per day for bathing and washing purposes.
j W here piped water supply is available, supply shall be at stand posts
j and where the supply is from well or river, tanks which m ay be of metal or
masonry, shall be provided. The Contractor shall also at his own cost make
!
arrangements for laying pipe lines for water supply to his labour camp from the
i existing mains wherever available, and shall pay all fees and charges therefor.

iv) The site selected for the camp shall be high ground, removed from jungle.

v) Disposal of Excreta - The Contractor shall make necessary arrangements for

the disposal of excreta from the latrines by trenching or incineration which shall
be according to the requirements laid down by the Local Health Authorities. If
trenching or incineration is not allowed the Contractor shall make arrangements
for the removal of the excreta through the Municipal Committee/authority and
inform it about the number of labourers employed so that arrangements may
be made by such committee/ authority for the removal of the excreta. All
charges on this account shall be bome by the Contractor and paid direct by him
to the Municipality/authority. The Contractor shall provide one sweeper for
BTifH every eight seats in case of dry system.

vi) Drainage - The Contractor shall provide efficient arrangements for draining
away sullage water so as to keep the camp neat and tidy.
i
J vii) The Contractor shall make necessary arrangements for keeping the camp area
i sufficiently lighted to avoid accidents to the workers.

Before Issue After Receipt i

Insertions (I). Insertions (!)
Corrections (CR). Corrections (CR)..
Cutting (CT)....... Cutting (CT)....... a *
Omissions{OM). issions(OM)..
Over Writing (OW). ^ D v e r Writing (OW;
t

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P A R T - 3 (G C C )

viii) Sanitation - The Contractor shall make arrangements for conservancy and
sanitation in the labour cam ps according to the rules of the Local Public
Health and Medical Authorities.

CLAUSE 191
Compliance with instructions on removal from site of undesirable person
The Engineer-in-Charge m ay require the Contractor to dismiss or remove from
the site of the work any person or persons in the Contractor's employ upon the
work who may be incompetent or misconduct him self and the Contractor shall
forthwith comply with such requirements.

CLAUSE 19 J
Unauthorized occupation of building during construction
It shall be the responsibility of the Contractor to see that the building under
construction is not occupied by anybody unauthorized during construction, and
is handed over to the Engineer-irvCharge with vacant possession of complete
building. If such building though completed is occupied illegally, then the
Engineer-in-Charge shall have the option to refuse to accept the said building/
buildings in that position. Any delay in acceptance on this account will be
treated as the delay in completion and for such delay a levy upto 5 % of
tendered value of work m ay be imposed by the Engineer-in-Charge whose
decision shall be final both with regard to the justification and quantum and
be binding on the Contractor.

However, the Engineer-in-Charge, through a notice, may require the Contractor

to remove the illegal occupation any time on or before construction and delivery.
CLAUSE 20
Minimum Wages Act to be complied with
The Contractor shall comply with all the provisions of the Minimum W ages
Acts, 1948, and Contract Labour (Regulation and Abolition) Act, 1970,
amended from time to time and rules framed thereunder and other labour law’s
affecting Contract labour that may be brought into force from time to time.

CLAUSE 21
Work not to be sublet, Action in case of insolvency & Illegal Gratification etc.
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C >

The Contract shall not be assigned o r sublet without the written approval of the
Engineer- in-Charge. The permitted subletting of work by the Contractor
shall not establish any contractual relationship between the Sub-Contractor and
the Em ployer and shall not absolve the Contractor of any responsibility under
the Contract. The execution o f work by petty Contractors under the direct and
personal SuperViSidn of the Contractor or his agent shall not be deemed to be
subletting under this Clause. And if the Contractor shall assign or sublet his
or attempt to do so, or becom e insolvent or commence any
insolvency proceedings or make any composition with his creditors or attempt to
do so, or if any bribe, gratuity, gift, loan, perquisite, reward or advantage
pecuniary or otherwise, shall either directly o r indirectly, be given, promised or
offered by the Contractor, or any o f his servants or agent to any public officer or
person in the employ of the Em ployer in any way relating to his office or
employment, or if any such officer or person shall become in any way directly
or indirectly interested in the Contract, the Engineer-in-Charge on behalf of the
Em ployer shall have power to adopt the course specified in Clause 3 hereof in
the interest of the Em ployer and in the event of such course being
adopted the consequences specified in the said Clause 3 shall ensue.

CLAUSE 22
Payment of Compensation
A ll sums payable by w ay of compensation under any of these conditions
shall be considered as reasonable compensation to be applied to the use of the
Em ployer without reference to the actual loss or damage sustained and
whether or not any dam age shall have been sustained.

CLAUSE 23
Changes in firm's Constitution to be intimated
W here the Contractor is a partnership firm, the previous approval in
writing of the Engineer-in-Charge shall be obtained before any change is
made in the constitution of the firm. W here the Contractor is an individual
or a Hindu undivided fam ily 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 works hereby undertaken by the Contractor. If previous approval as
aforesaid is not obtained, the Contract shall be deemed to have been
assigned in contravention of Clause 21 hereof and the sam e action may be
taken, and the same consequences shalf ensue as provided in the said Clause
21.
Before Issue After Receipt
Insertions (I)................... Insertions ((f).
f ) .......... ....... /
Collections (C R ).......... <:
Cutting (C T )................. fiM-* Si
Q jp ic c in n c
Ov<
D E V E L O P M E N T o f IN F R A S T R U C T U R E ai A G A L E G A Istond. M A U R IT IU S "

P A R T - 3 (G C C )

CLAUSE 24
Execution of works under the Direction of the Engineer-in-Charge
All worics to be executed under the Contract shall be executed under the
direction and subject to the approval in all respects of the Engineer-in-Charge
who shall be entitled to direct at what point or points and in what manner they
ate to be commenced, and from time to time carried on.

CLAUSE 25
Settlement of Disputes & Arbitration
Except where otherwise provided in the Contract all questions and disputes
relating to the meaning of the specifications, design, drawings and instructions
herein before mentioned and as to the quality of workmanship or m aterials
used on the work or as to any other question, daim , right, matter or thing
whatsoever in any w ay arising out of or relating to the Contract, designs,
drawings, spedfications, estim ates, instructions, orders or these conditions or
otherwise concerning the works or the execution or failure to execute the
sam e whether arising during the progress of the work or after the
cancellation, termination, completion or abandonment thereof shall be
dealt with as mentioned hereinafter:

1) If the Contractor considers any work demanded of him to be outside the

requirements of the Contract, or disputes any drawings, record or dedsion
given in writing by the Engineer on any matter in connection with or arising
out of the Contract or carrying out of the work, to be unacceptable, he shall
promptly within J5 days request the Engineer-in- Charge in writinaJoE'.written
instrudion or deasion. Thereupon, the tngineer-in^Chirge shall give his
written instructions or dedsion within a period of one month from the receipt of
the Contractor's letter.

If the Engineer-in-Charge fails to give his instructions or dedsion in writing

within the aforesaid period or if the Contrador is dissatisfied with the
instructions or dedsion of the Engineer-in-Charge, the Contractor may, within
15 days of the receipt of the Engineer-in- Charge dedsion, appeal to the
Appellate Authority spedfied in Schedule ’Fa who shall afford an opportunity
to the Contrador to be heard, if the latter so desires, and to offer evidence in
support of his appeal. The Appellate Authority shall give his dedsion within
30 days of receipt of Contrador’s appeal. If the Contrador is dissatisfied
Before Issue After Receipt

ez

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P A R T - 3 (G C C )

with this decision, the Contractor shall within a period of 30 days from receipt of
the decision, give notice to the Appointing Authority specified in Schedule *F*
for appointment-of arbitrator
failing which the said decision shall be final binding and conclusive and not
referable to adjudication by the arbitrator.

2) Except where the decision has become final, binding and conclusive in terms of
Sub Para (1) above, disputes or difference shall be referred for adjudication
through arbitration by a sole arbitrator appointed by the Appointing Authority.
The selection of Arbitrator by the Appointing Authority will be governed by the
fact whether the dispute is (i). between two Public Sector Enterprises or (ii)
between a Public Sector Enterprise and a Government Department or (iii)
Otherwise.

In case the dispute does not fall under item (i) or (ii) of this Para, the Appointing
Authority shall appoint the sole Arbitrator. W ithin 30 days of receipt of notice
from the Contractor to refer the dispute for Arbitration, the Appointing Authority
stipulated in Schedule F shall send to the Contractor names of three persons .
The Contractor shall, within 15 days of receipt of this list select and
communicate to the Appointing Authority, the name of one person from the list
who shall then be appointed as the Sole Arbitrator. If the Contractor fails to
communicate his selection of name within the stipulated period, the Appointing
Authority shall without delay, select one person from the list and appoint him as
the Sole Arbitrator.

3) In case the dispute falls under item (i) or (ii) of Sub Para (2) above, the
Appointing Authority shall refer the dispute for Arbitration by one of the
Arbitrators in the Department of Public Enterprises to be nominated by the
Secretary to the G o vt of India in charge of the Department of Public
Enterprises. The Arbitration & Conciliation Act 1996 shall not be applicable to
the Arbitration in such a case. The Award of the Arbitrator shall be binding
upon the parties to the dispute, provided however that any party aggrieved
by such award may make a further reference for setting aside or revision of the
Award to the Law Secretary, Department of Legal Affairs, Ministry of Law &
Justice, Govt, of India. Upon such reference, the dispute shall be decided
by the Law Secretary or the Special Secretary/Additional Secretary when so
authorized by the Law Secretary, whose decision shall bind the parties finally
and conclusively. The Parties to the dispute will share equally the cost of
Arbitration as intimated by the Arbitrator. The Arbitrator shall make a speaking
Award and the Award m ay be published on plain paper. In the event of the Sole
Before Issue After Receipt
Insertions ( I) ................. Insertions(I)..........
Corrections (CR).... Corrections (C R ).
Cutting (CT)........... Cutting (C T )..........
Omissions (O M ).... Omissions (O M ).....
Over W riting (O W ). Over Writing (O W ).
P A R T - 3 (G C C )

Arbitrator dying, neglecting or refusing to act or being unable to act for any
reason, it shaH be lawful for the Secretary to the Govt of India in charge of the
Department of Public Enterprises to nominate another person in place of the
outgoing Arbitrator to act as So le Arbitrator. The new Arbitrator as appointed
shaH as far as practicable proceed from the stage where it w as left by the
outgoing Arbitrator.

tt is a term of this Contract that the party invoking arbitration shall give a list of
disputes with amount claim ed in respect of each such dispute along
with the notice for appointment of arbitrator and giving reference to the
rejection by the Appellate Authority of the appeal in the form at Annexure 'F .
It is a term o f this Contract that "Excepted matters” or matters where the
decision of the Engineer-in-Charge or any higher authority has been stipulated
as "Final and Binding" in various Clauses of Contract, stand specifically
excluded from the purview of Arbitration Clause.

It is also a term of this Contract that no person other than a person appointed
by such Appointing Authority as aforesaid should act as arbitrator and iif for any
reason that is not possible, the matter shall not be referred to arbitration at all. It
is also a term of this Contract that if the Contractor does not make any
demand for appointment of arbitrator in respect of any claim s in writing as
aforesaid within 120 days of receiving the intimation from the Engineer-in-
Charge that the final bill is ready for payment, the daim of the Contrador
shall be deemed to have been waived and absolutely barred and the
Em ployer shall be discharged and released of all liabilities under the Contrad
in respect of these daim s.

4) Obligation during pendency of arbitration

Work under the Contract shall unless otherwise direded by the Engineer-
in-Charge continue during the Arbitration proceeding and no payment due
or payable by the Em ployer shall be withheld on account of such proceedings,
provided however, it shall be open for the Arbitrator to consider and dedde
whether or not such work should continue during arbitration proceedings.

5) Signing of "No Claim " certificate

The Contrador shall not be entitled to make any daim whatsoever against the
Em ployer under or by virtue of or arising out of the Contract, nor shall the
Before Issue
Insertions ( I) Insertions (I).
Corrections (C R ) Corrections (C R ).
Cutting (C T ) Cutting (C T )......
Omissions (O M ) Omissions (O M ).......^ L, ^
Over W riting (O W Over Writing (O W ). '

W S B

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P A R T - 3 (G C C )

Em ployer entertain or consider any such claim if made by the Contractor after
he shall have signed a "No Claim Certificate" in favour of the Employer in such
form as stipulated by the Em ployer, after the works are finally m easured up.
The Contractor shall be debarred from disputing the correctness of any item
covered by the "No Claim Certificate" or demanding a reference to arbitration in
respect thereof.

6) Parties to be impleaded in the arbitration proceedings

In case of any claims by the Contractor, the Em ployer as well as R IT E S Ltd

acting as

Agent to the Employer will implead themselves as parties to the Arbitration

Proceedings.

7) The arbitration shall be conducted in accordance with the provisions of the

Arbitration and Conciliation Act, 1996 (26 of 1996) or any statutory
modifications or reenactment thereof and the rules made there under and
for the tim e being in force shall apply to the arbitration proceeding under
this clause, except for cases falling under para 2 (i) or (ii).

8) It is also a term of this Contract that the arbitrator shall adjudicate on only such
disputes as are referred to him by the appointing authority and give separate
award against each dispute and claim referred to him and in all cases where the
total amount of the claims by any party exceeds Rs. 1,00,000/- the arbitrator
shall give reasons for the award.

9) It is also a term of the Contract that where the arbitral award is for thepayment
of money, no interest shall be payable on whole or any partof themoney for
any period till the date on which the award is made.

10) It is also a term of this Contract that the arbitrator shall

indicate i) the Award amount payable on the date of
award

ii) the period within which it is to be

paid and

Before Issue After Reeeint

Insertions ( I) .......... Insertions ( I ) .....
Corrections (C R ).... t Corrections-(CR)
Cutting (C T ).......... Cutting (C T ).....
Omissions (O M ).. .. .Omissions (O M ).
Over Writing (O W ).
D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ”

P A R T - 3 (G C C )

iii) Sim ple rate of interest applicable beyond the stipulated free period for
making payment of Award amount.

11) it is also a term o f the Contract that if any fees are payable to the arbitrator
these shall be paid equally by both the parties.
12) It is also a term of the Contract that the arbitrator shall be deemed to have
entered on the reference on the date he issues notice to both the parties
calling them to submit their statement of claim s and counter statem ent of
claim s. The venue of the arbitration shall be such place as m ay be fixed by
the arbitrator in his sole discretion. The fees, if any, of the arbitrator shall, if
required to be paid before the award is made and published, be paid half and
half by each of the parties. The cost of the reference and of the award
(including the fees, if any, of the arbitrator) shall be in the discretion of the
arbitrator who may direct to any by whom and in what manner, such costs or
any part thereof shall be paid and fix or settle the amount of costs to be so paid.

CLAUSE 26
Contractor to Indemnify the Employer against Patent Rights
The Contractor shall fully indemnify and keep indemnified the Em ployer
against any action, claim or proceeding relating to infringement or use of any
patent or design or any alleged patent or design rights and shall pay any
royalties which may be payable in respect of any article or part thereof
included in the Contract. In the event of any claim s made under or action
brought against the Em ployer in respect of any such matters as aforesaid the
Contractor shall be immediately notified thereof and the Contractor shall be at
liberty, at his own expenses, to settle any dispute or to conduct any litigation
that may arise therefrom, provided that the Contractor shall not be liable to
indemnify the Em ployer if the infringement of the patent or design or any
alleged patent or design right is the direct result of an order passed by the
Engineer-in-Charge in this behalf.

CLAUSE 27
Lumpsum Provisions in Tender
W hen the estimate on which a tender is made includes lump sum in respect of
parts of the work, the Contractor shall be entitled to payment in respect of
the items of work involved or the part of the work in question at the same
rates as are payable under this Contract for such items, or if the part of the
Before Issue A fter Receii
Insertions (I), Insertions ( I) ................. ,
Corrections (C R ) Corrections (C R )........... '
Cutting (C T ) Cutting (C T )............... ^
Omissions (O M ) Omissions (O M )...... £
Over Writing (O W ) Over Writing (O W )^ / .^

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P A R T - 3 (G C C )

work in question is not, in the opinion of the Engineer-in-Charge payable o f

measurement, the Engineer-in-Charge may at his discretion pay the
lumpsum amount entered in the estim ate, and the certificate in writing of the
Engineer-in-Charge shall be final and conclusive against the Contractor with
regard to any sum or sums payable to him under the provisions of the Clause.

CLAUSE 28
Action where no Specifications are specified
In the case of any class of work for which there is no such specification as
referred to in Clause 11, such work shall be carried out in accordance with
the Bureau of Indian Standards Specifications. In case there is no such
specification in Bureau of India Standards, the work shall be carried out as
per m anufacturer's specifications. In case there are no such specifications as
required above, the work shall be carried out in all respects in accordance
with the instructions and requirements of the Engineer-in-Charge.

CLAUSE 29
With-holding and lien in respect of sums due from Contractor
i) W henever any claim or claims for payment of a sum of money arises out of or
under the

Contract or against the Contractor, the Engineer-in-Charge or the Employer

shall be entitled to withhold and also have a lien to retain such sum or sums
in whole or in part from the Security Deposit and Performance Guarantee,
if any deposited by the Contractor, pending finalization or adjudication of
any such daim . In the event of the Security Deposit and Perform ance
Guarantee, being insufficient to cover the claimed amount or amounts or if no
Security Deposit and Performance Guarantee has been taken from the
Contractor, the Engineer-in-Charge or the Em ployer shall be entitled to withhold
and have a lien to retain to the extent of such claimed amount or amounts
referred to above, from any sum or sums found payable or which may at any
time thereafter become payable to the Contractor under the same Contract or
any other Contract with the Engineer-in-Charge of the Em ployer or any
Contracting person througlu-tfTS Engineer-in-Charge pending finalization
of/adjudication of any such jzfaim.

It is an agreed term of the Contract that the sum of money or moneys so

IL
Before Issue After Rec
Insertions <I)....... Insertions ( I ) ................. /
Corrections (C R ).......... 7 . Corrections (C R ).......... \ f
Cutting (C T )....................f lJ , U *7 Cutting (C T )........... . A
Omissions (O M )........... I Omissions (O M )..... .p.. .•
O ver W riting (O W ). ‘ ' Over Writing (O W )/ ... ^

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PA R T - 3 (GCC)

withheld or retained under the lien referred by the Engineer-in-Charge or the

Employer will be kept withheld or retained as such by the Engineer-in-Charge
or the Employer tilt the daim arising out of or under the C ontrad is
determined by the arbitrator (if the Contrad is governed by the arbitration
clause) or by the competent court, as the case m ay be and that the Contractor
will have no daim for interest or damages whatsoever on any account in
respect of such withholding or retortion under the lien referred to above and
duly notified as such to the Contractor. For the purpose of this dause, where
the Contrador is a partnership firm or a limited company, the Engineer-in-
Charge or the Em ployer shall be entitled to withhold and also have a lien to
retain towards such daim ed amount or amounts in whole or in part from any
sum found payable to any partner/ limited company as the case m ay be,
whether in his individual capacity or otherwise.

ii) The Em ployer shall have the right to cause an audit and technical
examination of the worfcs and the Final TBilf of the Gonltracfof ihdiicfing a ll
supporting vouchers, abstract, etc. to be made after paym entl3fthe_Firial Bill
and if as a result of such audit and technical examination, any sum is found
to have been overpaid in respect of any work done by the Contrador under the
Contrad or any work daim ed to have been done by him under the C ontrad
and found not to have been executed, the Contractor shall be liable to refund
the amount of over-payment and it shall be lawful for the Em ployer to recover
the same from him in the manner prescribed in sub-dause (i) of this dause or
in any other manner legally perm issible; and if it is found that the Contractor
was paid less than what w as due to him under the C ontrad in resped of any
work executed by him under it, the amount of such under payment shall be
duly paid by the Em ployer to the Contrador, without any interest thereon
whatsoever.

Provided that the Employer shall not be entitled to recover any sum overpaid,
nor the Contrador shall be entitled to payment of any sum paid short where
such payment has been agreed upon between the Engineer-in-Charge on the
one hand and the Contractor on the other under any term of the C ontrad
permitting payment for work after assessm ent by the Engineer-in-Charge.

C LA U SE 29 A

in respect of claim s in other C ontracts

Any sum of money due and payable to the Contractor (induding the Security
Before Issue After Receipt
Insertions <1)......
Corrections (CR).
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A I.E G A Island, M A U R IT IU S ’

P A R T - 3 <GCC)

Deposit and Perform ance Guarantee returnable to him) under the Contract may
be withheld or retained by way of Hen by the Engineer-in-Charge or the
Em ployer or any other contracting person or persons through Engineer-in-
Charge against any claim o f the Engineer-in-Charge or the Em ployer or such
other person or persons in respect of payment of a sum of money arising out
of or under any other Contract made by the Contractor with the Engineer-in-
Charge or the Em ployer or with such other person o r persons.
It is an agreed term of the Contract that the sum of money so withheld or
retained under this clause by the Engineer-in-Charge or the Em ployer will be
kept withheld or retained as such by the Engineer-in-Charge or the Em ployer
till his daim arising out of the sam e Contract or any other Contract is either
mutually settled or determined by the arbitration clause or by the competent
court, as the case may be and that the Contractor shall have no daim for
interest or damages whatsoever on this account or on any other ground in
respect of any sum of money withheld or retained under this dause and duly
notified as such to the Contractor.

CLAUSE 30
Employment of coal mining or controlled area labour not permissible
The Contractor shall not employ coal mining or controlled area labour falling
under any category whatsoever on or in connection with the work or recruit
labour from area within a radius of 32 km (20 m iles) of the controlled area.
Subject as above the Contractor shall employ imported labour only from area,
from which import is permitted.
W here ceiling price for imported labour has beep fixed by State or Regional
Labour

Committees not more than that ceiling price shall be paid to the labour by the
Contractor.

The Contractor shall immediately remove any labourer who may be pointed
out by the Engineer-in-Charge as being a coal mining or controlled area
labourer. Failure to do so shall render the Contractor liable to pay to the
Em ployer a sum calculated at the rate of Rs.10/- per day per labourer. The
certificate of the Engineer-in-Charge about the number of coal mining or
controlled area labourers and the number of days for which they worked shall be
final and binding upon all parties to this Contract.
It <s dedared and agreed between the parties that the aforesaid stipulation in
this dause is one in which the public are interested within the meaning of the
exception in Section 74 of Indian Contract Act, 1872.
Before Issue After Receipt
Insertions (!) Insertions ( I) ................... {
Corrections<CR)........... 'imV- Corrections (CR)............\ y
Cutting(CT)................... I Cutting (CT)..............
Omissions (OM)............ ^ Omissions (OM)..
Over Writing (OW) Over Writing (OW)
h'

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P A R T - 3 (G C C )

Explanation : Controlled Area m eans the following

a re a s :

Districts of Dhanbad, Hazaribagh, Jam tara-a Sub-division under Santhal

Pargana

Commissionery, Districts of Bankuara, Birbhum, Burdwan, District of

Bilaspur.

Any other area which may be declared a Controlled Area by or with the
approval of the Central Government.

CLAUSE 31
Unfiltered water supply required for the work
The Contractor shall make his own arrangements for water required for the
work and nothing extra will be paid for the same. This will be subject to the
following conditions.
i) That the water used by the Contractor shall be fit for construction purposes
to the satisfaction of the Engineer-in-Charge.
ii) The Engineer-in-Charge shall make alternative arrangem ents for supply of
water at the risk and cost of the Contractor if the arrangem ents made by
the Contractor for procurement of water are in the opinion of the Engineer-
in-Charge, unsatisfactory.

CLAUSE 31 A
Employer's water supply, if available
W ater if available may be supplied to the Contractor by the Em ployer
subject to the following conditions:
i) The water charges @ 1 % shall be recovered on gross amount of the work
done.

ii) The Contractor shaH make his own arrangement of water connection and
laying of pipelines from existing main of source of supply.
iii) The Employer does not guarantee to maintain uninterrupted supply of
water and it will be incumbent on the Contractor to make alternative
___________ arrangements for water at his own cost in the event of any temporary break
Before Issue
Insertions (I)...... Insertions (I)......
Corrections (CR) Corrections (CR),
Cutting (CT)...... Cutting (CT)...........
Omissions (OM) Omissions (OM)......
Over Writing (O1 Over Writing (OW)’

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P A R T -3 (G C C )

down in the Em ployer's water main so that the progress of his work is not
held up for want of water. No daim of dam age or refund of w ater charges
will be entertained on account of such break down.

C LA U SE 32

Alternate water arrangements

i) W here there is no piped water supply arrangement and the water is taken
by -the Contrador from the wells or hand pump constructed by the Em ployer,
no charge shall be recovered from the Contrador on that account The
Contractor shad, however, draw water at such hours of the day that it does not
interfere with the normal use for which the hand pumps and w ells are intended.
He will also be responsible for all damage and abnormal repairs arising out of
his use, the cost of which shall be recoverable from him. The Engineer-in-
Charge shall be the final authority to determine the cost recoverable from the
Contrador on this account and his dedsion shall be final and binding on the
Contrador.
ii) The Contrador shall be allowed to construd tem porary w ells in the Em ployer's
land for taking water for construction purposes only after he has got permission
of the Engineer- in-Charge in writing. No charges shall be recovered from the
Contractor on this account, but the Contrador shall be required to provide
necessary safety arrangements to avoid any acddents or damage to adjacent
buildings, roads and service lines. He shall
be responsible for any acddents or damage caused due to construction and
subsequent maintenance of the wells and shall restore the ground to its
original condition after the wells are dismantled on completion of the work.

CLAUSE 33
Return of Surplus Materials
Notwithstanding anything contained to the contrary in this Contrad, where any
m aterials for the execution of the Contrad are procured with the assistance of
the Em ployer either by issue from the Em ployer's stocks or purchase made
under orders or permits or licences issued by the Em ployer the Contractor
shall hold the said m aterials econom ically and solely for the purpose of the
Contract and not dispose of them without the written

permission of the Em ployer and return, if required by the Engineer-in-Charge,

all surplus or unserviceable materials that may be left with him after the
completion of the Contrad or at its termination for any reason whatsoever on
Before Issue After Receipt
Insertions (I)..................
Corrections (CR)....
Cutting (CT)...........
Omissions (OM)....
Over Writing (OW).
D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S "

P A R T - 3<GCC)

being paid or credited such price as the Engineer-in-Charge shall determine

having due regard to the condition of the m aterials. The price allowed
to the Contractor however shall not exceed the amount charged to him
excluding the elem ent of storage charges. The decision of the Engineer- in-
Charge shall be final and conclusive. In the event of breach of the aforesaid
condition the Contractor shall in addition to throwing him self open to action for
contravention of the term s of the licence or permit and/ or for criminal
breach of trust, be liable to the Em ployer for all moneys, advantages or
profits resulting or which in the usual course would have resulted to him by
reason of such breach.

C L A U S E 34

H ire o f P la n t & M achinery

i) The Contractor shall arrange at his own expense all tools, plant
m achinery and equipment (hereinafter referred to as T & P ) required for
execution of the work except for the Plant & Machinery listed in Sch ed u le 'C*
and stipulated for issue to the Contractor. If the Contractor requires any item of
T & P on hire from the T& P available with the Em ployer over and above the T&P
stipulated for issue, the Em ployer will, if such item is available, hire it to the
Contractor at rates to be agreed upon between him and the Engineer-in-
Charge. In such a case all the conditions hereunder for issue of T& P shall
also be applicable to such T & P as is agreed to be issued.
ii) Plant and Machinery when supplied on hire charges shown in Sch ed u le 'C '
shall be made over and taken back at the Em ployer's equipment yard/ shed
shown in Schedule 'C ' and the Contractor shall bear the cost of carriage from
the place of issue to the site of work and back. The Contractor shall be
responsible to return the plant and machinery in the condition in which it was
handed over to him, and he shall be responsible for all damage caused to the
said plant and m achinery at the site of work or elsewhere in operation or
otherwise or during transit including damage to or loss of parts and for all
losses due to his failure to return the same soon after the -completion of the
work for which it was issued. The Engineer-in-Charge shall be the sole judge
to determine the liability of the Contractor and its extent in this regard and his
decision shall be final and binding on the Contractor.
iii) The plant and machinery as stipulated above will be issued as and when
available and if required by the Contractor. The Contractor shall arrange his
programme of work according to the availability of the plant and machinery and
no claim , whatsoever, will be entertained from him for any delay in supply by the

Before Issue After Receipt

 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

Emptoyer.
iv) The hire charges shall be recovered at the prescribed rates from and inclusive of
the date the plant and machinery made over upto and inclusive of the dale of
the return in good order even though the sam e may not have been working
for any cause except major breakdown due to no fault of the Contractor or
faulty use requiring more than three working days continuously (excluding
intervening holidays and Sundays) for bringing the plant in order. The
Contractor shall immediately intimate in writing to the Engineer-in- Charge
when any plant or machinery gets out of order requiring major repairs
as aforesaid. The Engineer-in-Charge
shall record the. date and tame of receipt of such intimation in the log sheet
of the plant or machinery. Based on this if the
major breakdown has occurred before lunch, period of m ajor breakdown will
be computed considering half a day's breakdown on the day of complaint. If the
breakdown occurs post lunch, the period of major breakdown will be
computed starting from the next working day. In case o f any dispute under
this clause the decision of the Engineer-in-Charge shall be final and binding on
the Contractor.
v) The hire charges shown in Sch ed u le ‘C ’ are for each day of 8 hours
(inclusive of the one hour lunch break) or part thereof.

vi) Hire charges will include service of operating staff as required and also
supply of lubricating oil and stores for cleaning purposes. Pow er fuel of
approved type, firewood, kerosene oil etc. for running the plant and machinery
and also the full time chowkidar for guarding the plant and m achinery against
any loss or damage shall be arranged by the Contractor who shall be fully
responsible for the safeguard and security of plant and machinery. The
Contractor shall, on or before the supply of plant and m achinery, sign an
agreement indemnifying the Em ployer against any loss or damage caused to
the plant and machinery either during transit or at site of work.
vii) Ordinarily, no plant and machinery shall work for more than 8 hours a day
inclusive of one hour lunch break. In case of an urgent work however, the
Engineer-in-Charge may, at his discretion, allow the plant and m achinery to be
worked for more than normal period of 8 hours a day. In that case the hourly
hire charges for overtime to be borne by the Contractor shall be 50% more
than the normal proportionate hourly charges (1 /8th of the daily charges)
subject to a minimum of half day's normal charges on any particular day. For
working out hire charges for overtime a period of half an hour and above will
be charged as one hour and a period of less than half an hour will be ignored.
Before Issue After Receipt
Insertions (I)....... Insertions (I)......
Corrections (CR). Corrections (CR).
Cutting (CT)........... Cutting (CT)...........
Omissions(OM).... Omissions (OM)......
Over Writing (OW). Over Writing (OW).

g |. 2686
7

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viii) The Contractor shall release the plant and machinery every seventh day for
periodical servicing and/or wash out which may take about three to four
hours or more.
H
ire charges for full day shall be recovered tiom the Contractor for the day of
servicing/ wash out irrespective of the period employed in servicing.

ix) The plant and machinery once issued to the Contractor shall not be returned
by him on account of lade of arrangem ents of labour and m aterials, etc. on his
p art The sam e will be returned only when they are required for major repairs
or when in the opinion of the Engineer-in-Charge the work or a portion of
work for which the same w as issued is completed.

x) Log Book for recording the hours of daily work for each of the plant and
m achinery supplied to the Contractor will be maintained by the Engineer-in- I\
Charge and will be countersigned by the Contractor or his authorized agent
daily. In case the Contractor contests the correctness of the entries and/or
fails to sign the Log Book the decision of the Engineer-in-Charge shall be final
and binding on him. Hire charges w ill be calculated according to the entries in
the Log Book and will be binding on the Contractor. Recovery on-account of
hire charges for Road Rollers shall be made for the minimum number of days
worked out on the assumption that a Roller can consolidate per day maximum
quantity of m aterials or area surfadng as will be advised to the Contractor
by the Engineer-in- Charge at the time of hiring out the Road Roller. In case
Rollers for consolidation are em ployed by the Contractor himself, log book for
such Rollers shall be maintained in the same manner as is done in the case of
the Em ployer's Rollers. Maximum quantity of any item to be consolidated for
each Roller day shall also be sam e as stipulated above by the
Engineer-in-Charge. For less use of Rollers recovery for the less Roller days
shall be made at the stipulated issue rate.

xi) In the case of concrete mixers, the Contractor shall arrange to get the hopper
cleaned and the drum washed at the dose of the work each day or each
occasion.
xii) The Contractor shall be responsible to return the plant and machinery in the
condition in which it was handed over to him and he shall be responsible for all
dam age caused to the said plant and machinery at the site of work or
elsewhere in operation or otherwise or during transit induding damage to or
loss of part, and for all losses due his failure to return the sam e soon after
the completion of the work for which it was issued. The Engineer-in-charge
shall be the sole judge to determ ine the liability of the Contrador and its extent
Before Issue After Receipt
Insertions (I)................. Insertions (I)..............
Corrections (CR). fjlt_ Corrections (CR).........
Cutting (CT).............. .
x ^ ^ J O tft^ n s (OM).... Omissions (OM).........
W f Over^Wifing (OW). Over Writing (OW). /

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in this regard and his dedsion shall be final and binding on the Contrador.
xHi) The Contrador will be exempted from tevy o f any hire charges for the number
of days he is called upon in writing by the Engineer-in-Charge to suspend
execution of the work, provided the Em ployer's plant and m achinery in question
have, in fad , rem ained idle with the Contractor because of the suspension.
xiv) In the event o f the Contractor not requiring any item of plant and machinery
issued by the Em ployer though not stipulated for issue in Sch ed u le ’C ’, any
time after taking delivery at the place o f issue, he may return it after two days
written notice or at any time without notice if he agrees to pay hire charges
for two additional days without, in any way, affecting the right of the
Engineer-in-Charge to use the said plant and machinery during the said period
o f two days as he likes induding hiring out to a third party.

C LA U SE 35
Condition relating to u se o f asp h altic m aterials i
t

i) The Contrador undertakes to make arrangement for the supervision of the

work by the firm supplying the tar or bitumen used.
ii) The Contrador shall co lled the total quantity of tar or bitumen required for the
work as per standard formula, before the process of painting is started and
shall hypothecate it to the Engineer-in-Charge. If any bitumen or tar remains
unused on completion of the work on account of lesser use of m aterials in
adual execution for reasons other than authorized changes of specification
and abandonment of portion of work, a corresponding dedudion equivalent to
the cost of unused m aterials as determined by the Engineer-in- Charge shall
be made and the m aterial returned to the Contrador. Although
the materials are hypothecated to the Employer, the Contrador undertakes the
responsibility for their proper watch, safe custody and protection against all
risks. The m aterials shall not be removed from site of work without the
consent of the Engineer-in-Charge in writing.
iii) The Contrador shall be responsible for rectifying defects noticed within a year
from the date of completion of the work and the portion of the Security Deposit
relating to asphaltic work shall be refunded after the expiry o f this period.

C LA U SE 36

Em ploym ent of T ech n ical S ta ff and em ployees

Before Issue After Receipt

Insertions (I).......
Corrections (CR). I
Cutting (CT)...................
Omissions(OM)...........
Over Writing(OW)...;___
I
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P A R T - 3 (G C C )

Contractor's Superintendence, Supervision, Technical Staff & Em ployees.

i) The Contractor shaH provide all necessary superintendence during execution of

the work and as long thereafter as m ay be necessary for proper fulfilling of the
obligations under the Contract.
The Contractor shall immediately after receiving Letter, of Acceptance of the
tender and before commencement of the work, intimate in writing to the
Engineer-in-Charge the name, qualifications, experience, age, address and other
particulars along with certificates, of the Principal Technical Representative and
Deputy Technical Representative to be in charge of the work. Such qualifications
and experience shall not be lower than those specified in Sch ed u le *F. The
Engineer-in-Charge shall within five working davs o f receipt of such
communication intimate in writing his approval or otherwise of such a
representative to the Contractor. Any such approval may at any time be withdrawn
and in case of such withdrawal the Contractor shall appoint another such
representative according to the provisions of this clause. Decision of the
Engineer-in-Charge shall be final and binding on the Contractor in this respect.
Such a FYindpal Technical Representative and Deputy Technical Representative
shall be appointed by the Contractor soon after receipt of the approval from
Engineer-in-Charge and shall be available at site within fifteen days of start of work.
All the provisions applicable to the Principal Technical Representative under the
Clause will also be applicable to other Technical Representative(s). The Principal
Technical Representative and/or other Technical Representative shall be present
at the site of work for supervision at all times when any construction activity is in
progress and also present himself/themselves as required to the Engineer-in-
Charge and/or his representative to take instructions. Instructions given to the
Principal Technical Representative or other Technical Representative shall be
deemed to have the sam e force as if these have been given to the Contractor.
The Principal Technical Representative and/or other Technical Representative
shall be actually available at site fully during all stages of execution of work,
during recording of measurement of works and whenever so required by the
Engineer-in-Charge and shall also note down instructions conveyed by the
Engineer-in- Charge or his designated representative in the site order book and
shall affix his/their signature in token of noting down the instructions and in
token of acceptance of measurements/test checked m easurements. The
representative shall not look after any other work. Substitutes duly approved by
Engineer-in-Charge in sim ilar manner as aforesaid shall be provided in the event of
absence of any of the representatives by more than two days.
If the Engineer-in-Charge, whose decision in this respect is final and binding on
the Contractor, is convinced that no such Technical Representative is/are
effectively appointed or is/are effectively attending or fulfilling the provision of this
dause, a recovery (non refundable) shall be effected from the Contractor as
Before Issue After Receipt
Insertions (I)
Corrections (CR).
Cutting (CT)...........
Omissions (OM)......
Over Writing (OW).
 D E V E L O P M E N T o f IN F R A S T R U C T U R E M A G A L E G A Island. M A U R IT IU S ”

P A R T - 3 (G C C )

specified in para (iv) below and the decision of the Engineer-in-Charge as

recorded in the Site O rder Book and measurement recorded/test checked in
Measurem ent Books shali b e final and binding on the Contractor. Further if
the Contractor fails to appoint a suitable Principal / Deputy Technical Representative
or other Technical Representative and if such appointed persons are not
effectively present or are absent by more than 2 days without duly approved
substitutes or do not discharge their responsibilities satisfactorily, the Engineer-in-
Charge shall have full powers to suspend the execution of the work until such
date as another suitable Technical Representative^) is/are appointed and the
Contractor shall be held responsible for the delay so caused to the work. The
Contractor shall submit a certificate of employment of the _ Technical
pn^uoe"
evidence ifa fa n y tiWe‘sol^uireaT)y"tt> e E r^ f^ M n J’Charge. ’ ~'

ii) The Contractor shall provide and employ on the site only such technical
assistants as are skilled and experienced in their respective fields and such
foremen and supervisory staff as are competent to give proper supervision to
the work.

The Contractor shall provide and employ skilled, semiskilled and unskilled
labour as is necessary for proper and timely execution of the work.
The Engineer-in-Charge shall be at liberty to object to and require the
Contractor to remove from the works any person who in his opinion
misconducts himself, or is incompetent or negligent in the performance of
his duties or whose employment is otherwise considered by the Engineer-in-
Charge to be undesirable. Such person shall not be employed again at
works site without the written permission of the Engineer-in- Charge and the
persons so removed shall be replaced as soon as possible by competent
substitutes.
(iii) Supporting Engineers

For effective supervision of the Works, the Contractor must depute adequate
number of technical assistants who are skilled and experienced in their
respective callings as specified in Schedule *F*.
iv) Recovery for non deployment of Engineers

Schedule ‘F’.
A s specified in

Note: In "Schedule F” the rates of recovery should be mentioned with the

approval of the Authority com petent to accept the Tender.

Before Issue After Receip

Insertions (I)........ Insertions<l)...........
Corrections (CR)........... . Corrections (CR)........... / I /
Cutting (CT).................... j fl,L' Cutting (CT)................
Omissions-(OM)....... Omissions(OM)....... .. hr.w
Over Writing (OW).. Over Writing (O W). .

M
/«£>
. . R IT E S Bhawan
•* | R o t No. 144, S crtO f-4* ,)
Gurgaorv-122003
2690
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 DEVELOPMENT o f INFRASTRUCTURE at AGALEGA Island, MAURITIUS’
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CLAUSE 37
Levies/Taxes/Cesses payable by Contractor
The Contractor shall have valid registration with Excise Deptt. for Service Tax
and with W orks Contract C ell of Sale s Tax Deptt. of the State and shall submit a
copy o f the sam e to the Engineer along with first running account bill.
i) Sates Tax/VAT (except Service Tax) or any other Tax on m aterials, Sales
Tax on W orks (ft any) and Tax of any type on Labour and Cess under
"The Building and other Construction W orkers W elfare Cess Act 1996
and C ess Rules 1998" in respect of this Contract shall be payable by
the Contractor and ihe Em ployer, shall not entertain any daim
whatsoever in this respect However, in resped of Service Tax, sam e
should be paid by the Contractor to the concerned Department on demand
and it will be reimbursed to him by the Engineer-in-Charge after satisfying
that it has been actually and genuinely paid by the Contrador.
ii) The Contrador shall deposit royalty and obtain necessary permit for
supply of the red bajri, stone, kankar, etc. from local authorities.
iii) If pursuant to or under any law, notification or order any royalty, cess or
the like becomes payable by the Em ployer and does not any time
become payable by the Contrador to the State Government or Local
authorities in respect of any m aterial used by the Contrador in the works
then in such a case, it shall be lawful to the Employer and it will have the
right and be entitled to recover the amount paid in the drcum stances as
aforesaid from dues of the Contrador.
iv) Tax Dedudion at Source will be done by the Employer towards Income
Tax, Sales Tax on works, Labour W elfare Cess and any other tax (except
S e rvice Tax) as required by law, from the Running Account and Final
Bills.

CLAUSE 37 A
Royalty Payable on minor minerals - Employer to be indemnified
W here the State Governm ent has enaded any legislation to the effect that
the user of minor minerals such as red bajri, stone, kankar etc., will be
responsible to ensure that for the minerals used in the work, the quarry
operator extracting the minerals has paid royalty as due to the State
Governm ent, before any Bill is paid to the Contrador, the Contractor should
furnish a dedaration to the Em ployer confirming that royalty as due has
been paid to the State Governm ent for the minerals used in the works. The
Contrador should also indemnify the Em ployer against any legal adion that
Before Issue
Insertions (I)........... . Insertions (I).
Corrections (CR).... I
Cutting (CT)............. M1U
Omissions (OM)...... CM2-"*
Over Writing (OW).
V
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may be instituted against the Em ployer by the State Governm ent

consequent on violation of the provisions in the relevant Act by the
Contractor. A copy of the format for the Indemnity Bond is at Annexure
•G’

CLAUSE 38
Conditions for reimbursement of levy/tax/cess if levied after receipt of tenders.
i) All tendered rates shall be inclusive of all taxes, levies and cesses (except
Servioe Tax) payable under respective statutes. However, pursuant to the
Constitution (46th Amendment) Act, 1982 if any further tax or levy or cess
is imposed by Statute, after the last stipulated date for the receipt of tender
including extensions if any and the Contractor thereupon necessarily and
property pays such taxes/levies/cesses, the Contractor shall be
reimbursed the amount so paid, provided such payment, if any, is not, in
the opinion of the Engineer-in-Charge (whose dedsion shall be final and
binding on the Contrador) attributable to delay in execution of work within
the control of the Contrador.

ii) The Contractor shall keep necessary books of accounts and other
documents for the purpose of this condition as may be necessary and
shall allow inspection of the sam e by a duly authorized representative of
the Em ployer and/or the Engineer-in- Charge and further shall furnish
such other information/document as the Engineer- in-Charge may require
from time to time.

(A vfv
iii) The Contrador shall, within a period of 30 days of the imposition of any
; such further tax or levy or cess, pursuant to the Constitution (Forty Sixth
/ Amendment) A d 1982, give a written notice .thereof to the Engineer-in-
Charge .that the sam e is o iv ^ .jjb iuarrt'to this co n d itio a tt^ th e r with all
/ necessary information relating thereto.

CLAUSE 39
Termination of Contract on death of Contractor
Without prejudice to any of the rights or rem edies under this Contrad
Before Issue
Insertions (I)............. Insertions (I)
Corrections (CR)........... , Corrections (CR)
Cutting (CT)....................
Omissions (OM)............. I
J Cutting (CT)......
Omissions (OM)....... .K.
Over Writing (OW).. * Over Writing(OW)./;.^^/

2692
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PA R T - 3 (G C C )

Contractor dies, the Engineer-in-Charge on behalf of the Em ployer shall

have the option of terminating the Contract without compensation to the
Contractor.

CLAUSE 40
If a relative working in the Employer's Organisation then the
Contractor not allowed to tender
The Contractor shall not be permitted to tender for works in the Em ployer's
R IT E S concerned SBU Unit (responsible for award and execution of Contracts)
in' which his near relative is posted as Associated Finance Officer between the
grades o f A G M (F) and JM (F ) or as an officer in any capacity between the
grades of the GGM/GM and Engineer or equivalent (both inclusive). He shall
also intim ate the names of persons who are working with him in any capacity or
are subsequently employed by him and who are near relatives to any Gazetted
Officer or equivalent officers in the Em ployer's organization. Any breach of this
condition by the Contractor would render him liable to be removed from the
approved list of Contractors if any of this Em ployer.
NO TE : By the term "near relatives" is meant wife, husband, parents and grand
parents, children and grand children, brothers and sisters, uncles, aunts and
cousins and their corresponding in-laws.

CLAUSE 41
No Gazetted Engineer to work as Contractor within one year of retirement

No engineer of gazetted rank or other gazetted officer employed in

engineering or administrative duties in an engineering department of the
Em ployer shall work as a Contractor or employee of a Contractor for a period
of one year after his retirem ent from the Em ployer's service without the
previous permission of the Em ployer in writing. This Contract is liable to be
cancelled if either the Contractor or any of his em ployees is found at any time to
be such a person who had not obtained the permission of the Em ployer as
aforesaid, before submission of the tender or engagem ent in the Contractor's
service, as the case may be.

USE 42 ■:W

Return of material and recovery for excess material issued

Before Issue After Receipt

Insertions (I).............. Insertions (I)............. /
Corrections fC R I Corrections (CR)..........
Cutting (i . 7 tJU- i oo Cutting (CT)................
Omission . I Omissions (OM)......... .r „
Over Wri ^_J . Over Writing (OW).../.. jU

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0 After completion of the work and also at any intermediate stage in the event
of non- reconciliation o f materials issued, consumed and in balance - (see
Clause 10), theoretical quantity of m aterials issued by the Em ployer for use in
the work shall be calculated on the basis and method given herein under:
a) Quantity of cement & bitumen shall be calculated on the basis of quantity of

& bitumen required for different items of work as shown in the Schedule
of Rates mentioned in Schedule ’F\ In case any item is executed for
which standard constants for the consumption of cement or bitumen are
not available in the above mentioned schedule/ statement or cannot be
derived from the sam e shall be calculated on the basis of standard
formula to be laid down by the Engineer-in- Charge.

b) Theoretical quantity of steel reinforcement or structural steel sections shall

be taken as the quantity required as per design or as authorized by
Engineer-in-Charge, including authorized lappages, chairs etc. plus 3%
wastage due to cutting into pieces, such theoretical quantify being
determined and compared with the actual issues each diam eter wise,
section wise and category wise separately.

c) Theoretical quantity of G l & Cl or other pipes, conduits, wires and cables,

pig lead and Gl/ M S sheets shall be taken as quantify actually required
and measured plus
5 % for wastage due to cutting into pieces (except in the case of Gl/ M S
sheets it shall be 10%) such determination and comparison being made
diameter wise & category wise.

d) For any other material as’per actual requirements.

ii) O ver the theoretical quantities of materials so computed a variation shall be

allowed as specified in Schedule ’F\ The difference in the net quantities of
m aterial actually issued to the Contractor and the theoretical quantities
including such authorized variation, if not returned by the Contractor or if not
fully reconciled to the satisfaction of the Engineer-in- Charge within fifteen days
of the issue of written notice by the Engineer-in-Charge to this effect shall be
recovered at the rates specified in Schedule 'F \ without prejudice to the
provision of the relevant conditions regarding return of materials governing the
Contract. Decision of Engineer-in-Charge in regard to theoretical quantities

Before Issue
Insertions (I)...... Insertions {I)......
Corrections (CR) Corrections (CR).
Cutting (CT)............... Cutting (CT).....
Omissions <OM).......... Omiss:—
Over Writing (OW).... Over

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PA R T - 3 (G C C )

of m aterials, which should have been actually used as per the Annexure of
the Standard Schedule of R ates of C PW D and recovery at rates specified
in Schedule *P, shall be final and binding on the Contractor.

For non scheduled items, the decision of the Engineer-tn-Charge regarding

theoretical quantities of m aterials which should have been actually used, shall
be final and binding on the Contractor.
iii) The said action under this clause is without prejudice to the right of the
Em ployer to take action against the Contractor under any other conditions of
Contract for not doing the work according to the prescribed specifications.

CLAUSE 43
Compensation during warlike situations
The work (whether fully constructed or not) and all m aterials, m achines, tools
and plants, scaffolding, temporary buildings and other things connected
therewith shall be at the risk of the Contractor until the work has been
delivered to the Engineer-in-Charge and a certificate from him to that effect
obtained. In the event of the work or any m aterials properly brought to the
site for incorporation in the work being damaged or destroyed in consequence
of hostilities or warlike operation, the Contractor shall when ordered (in
writing) by the Engineer-in-Charge to remove any debris from the site,
collect and properly stack or remove in store all serviceable m aterials
salvaged from the damaged work and shall be paid at the Contract rates in
accordance with the provision of this agreement for the work of clearing the
site of debris, stacking or removal of serviceable material and for
reconstruction of all works ordered by the Engineer-in-Charge, such payment
being in addition to compensation upto the value of the work originally executed
before being damaged or destroyed and not paid for. In case of works
damaged or destroyed but not already measured and paid for, the
compensation shall be assessed by the Engineer-in-Charge. The Contractor
shall be paid for the damages/ destruction suffered and for restoring the
material at the rate based on analysis of rates tendered for in accordance with
the provision of the Contract. The certificate of the Engineer-in- Charge
regarding the qualify and quantity of materials and the purpose for which they
were collected shall be 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 against air raid as are deemed necessary by the
Before Issue After Receipt
Insertions (I)..................
Corrections (CR).
Cutting (CT)....... io :
(issions (OM)....
tKWriting(OW) I I

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PART ~3<GCC>
A R P Officer or the Engineer-in-Charge (b ) for any material etc. not on the site
of the work or for any tools, plant, m achinery, scaffolding, temporary building
and other things not intended for the work.

In the event of the Contractor having to carry out reconstruction as aforesaid,

he shall be allowed such extension of time for its completion as is considered
reasonable by the Engineer-in-Charge.

CLAUSE 44
Apprentices Act provisions to be complied with
The Contractor shall comply with the provisions of the Apprentices Act, 1961
and the rules and orders issued thereunder from time to time. If he foils to do
so, his failure will be a breach of the Contract and the Engineer-in-Charge may,
in his discretion, cancel the Contract. fhe'C ontractor shall also be liable for any
pecuniary liability arising on account of any violation by him of the provisions of
the said Act.

CLAUSE 45
Release of Security Deposit after Labour Officer clearance

Security Deposit of the work shall not be refunded till the Contractor
produces a clearance certificate from the Labour Officer. As soon as the
work is virtually complete the Contractor shall apply for the clearance
certificate to the Labour O fficer under intimation to the Engineer-in-Charge.
The Engineer-in-Charge, on receipt of the said communication, shall write to
the Labour Officer to intimate if any complaint is pending against the
Contractor in respect of the work. If no complaint is pending, on record till
after 3 months after completion of the work and/or no communication is received
from the Labour Officer to this effect till six months after the date of completion,
it will be deemed to have received the clearance certificate and the Security
Deposit will be released if otherwise due.

/ef ^
ADDITIONAL CLAUSES OF CONTRACT /. ( R ITE S Bhawan | ]
I I [Link]-44. |^.
_ \*\ Gurgaon-122003 /■*I
CLAUSE 45 A WV /•/
Release of Security Deposit after clearance by State Governmgijjfc^fifrority
for Mineral Extraction.
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P A R T -3(G C C )
Security Deposit of the work shall not be refunded till the Contractor produces a
Clearance Certificate from the State Governm ent Department responsible for
collection of royalty on extraction of minor minerals like red bajri, stone, kankar
etc., in confirmation that royalty as due has been paid for the minor m inerals
used in the works. As soon a s the Provisional Certificate of Physical Completion
is issued, unless the Contractor has already obtained the Royalty Clearance
Certificate and submitted to the Engineer-in-Charge, he shall apply for the
C learance Certificate to the Department concerned under intimation to the
Engineer-in-Charge The Engineer-in-Chaige, on receipt of the said
communication, shall write to the Department concerned to intimate if any
com plaint is pending against the contractor on non-payment of royalty charges
for the m inerals used on the works. If no complaint is pending on record till after
3 months after completion of the works and/or no communication is received
from the Department concerned to the effect till Four months after the date of
reference to the Department it will be deemed to have received the Clearance
Certificate and the Security Deposit will be released if otherwise due.

CLAUSE 46
GENERAL OBLIGATIONS OF THE CONTRACTOR
46.1 Contractor’s General Responsibilities

a) The Contractor shall, subject to the provisions of the Contract and with due
care and diligence, execute and maintain the W orks and provide all
labour, including the supervision thereof, m aterials, constructional plant
and all other things, whether of a temporary or permanent nature,
required in and for such execution and maintenance, so far as the
necessity for providing the sam e is specified in or is reasonably to be
inferred from the Contract.

b) The Contractor shall take full responsibility for the adequacy, stability and
safety of all site operations and methods of construction, provided that
the Contractor shall not be responsible, except as may be expressly
provided in the Contract, for the design or specification of the permanent
works, or for the design or specification of any temporary works prepared
by the Employer.

c) The Contractor shall carry out all the works strictly in accordance with the
drawings, details and instructions of the Engineer-in-Charge. In the opinion
of the Engineer-in- Charge if any changes are to be made, the same shall
Before Issue
Insertions (I).......
Corrections (CR).
Cutting (CT)...........
-ssions (OM)....
riting (OW).
 D E V E LO P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S '

PA R T 3 (GCC)

be intimated in writing to the Contractor and the Contractor shall carry out
the sam e. The Engineer-in-Charge’s dedsion in this regard shall be final
and not open to arbitration.

46.2 Giving Notices and Payment of Fees

This Contrad shall, in all respects, be constated and operated as an Indian
Contrad and shall be subjed to Indian laws in force from time to time. The
Contractor should conform to ail laws of the land and the regulations and bye-
laws of any local authority and of any water or lighting com panies with
whose system s the structure is proposed to be connected. The
Contractor shall give all notices required by the said acts, regulations or bye-
laws and pay all fees in connection therewith. The Contrador shall prated
and indemnity the Em ployer against all daim s or liabilities arising from his
adions in violation of such laws, ordinances, regulations and bye- laws by him.
The Engineer will repay or allow to the Contrador all such sums as the
Engineer-in-Charge shall certify to have been properly payable by the
Employer and paid by the Contrador in respect of such fees.

46.3 Compliance with Statutes, Regulations, etc.

The Contractor shall conform in all respects with the provisions of any such
Statute, Ordinance or Law as aforesaid and the regulations or byelaws of any
local or other duly constituted authority, which may be applicable to the
Works and with such rules and regulations of public bodies and com panies
as aforesaid and shall keep the Em ployer indemnified against all penalties
and liabilities of every kind for breach of any such Statute, Ordinance or
Law, Regulation or Bye-Laws.

46.4 Fossils etc.

All fossils, coins, articles of value or antiquity and structures and other rem ains
or things of geological or archeological interest discovered on the site of the
Works shall, as between the Em ployer and the Contrador, be deemed to be
the absolute property of the Employer. The Contrador shall take reasonable
precautions to prevent his workmen or any other persons from removing or
damaging any such artide or thing and shall immediately upon discovery
thereof, and, before removal, acquaint the Engineer of such discovery and carry
out, at the expense of the Em ployer, the Engineer-in-Charge's orders as to the
disposal of the same.

Before Issue After Receipt

Insertions (I)........... Insertions ( I) .................. .
Corrections.(CR)... Corrections (CR)........... /
Cutting {CT)........... ' 3 Cutting (CT)................^ --vf
Omissions (OM).... Omissions (OM).......
Over Writing (OW) ■ Over Writing(OW) 0/
< v

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P A R T - 3 <GCC)

46.5 Opportunities for other Contractors

The Contractor shall, in accordance with the requirements of the Engineer,
afford all reasonable opportunities for carrying out their work to any other
Contractors employed by the Em ployer and their workmen and to the workmen
of the Em ployer and of any other duly constituted authorities, who may be
employed in the execution on or near the site of any work not included in the
Contract or of any Contract which the Em ployer may enter into in connection
with or ancillary to the W orks.

46.6 interference with Traffic and adjoining properties

All operations necessary for the execution of the W orks shall, so far as
compliance with the requirem ents of the Contract permits, be carried on
so as not to interfere unnecessarily or improperly with the convenience of
the public, or the access to use and occupation of public or private roads and
footpaths to or of properties whether in the possession of the Em ployer or of
any other person. The Contractor shall save harm less and indemnify the
Em ployer in respect of all claim s, proceedings, damages, costs, charges
and expenses whatsoever arising out of, or in relation to, any such matters in so
far as the Contractor is responsible therefore.

46.7 Highways Traffic

46.7.1 Extraordinary Traffic

The Contractor shall use every reasonable means to prevent any of the
highways or bridges communicating with or on the routes to the Site from
being damaged or injured by any traffic of the Contractor or any of his Sub­
contractors and, in particular, shall select routes, choose and use vehicles
and restrict and distribute loads so that any such extraordinary traffic as will
inevitably arise from the moving of plant and m aterials from and to the Site
shall be limited, as far as reasonably possible, and so that no unnecessary
damage or injury may be occasioned to such highways and bridges.

46.7.2 Special Loads

Should it be found necessary for the Contractor to move one or more

loads of constructional plants, m achinery or pre-constructed units or parts of
units of work over part of a highway or bridge, the moving whereof is likely
to damage any highway or bridge unless special protection or strengthening
is carried out, then the Contractor shall, before moving the load on to
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P A R T —3 (G C C )

such a highway or bridge, give notice to the Engineer of the weight and
other particulars of the load to be moved and his proposals for protecting or
strengthening the said highway or bridge. Thereafter, within fourteen days,
the Engineer shall direct, in writing the course o f action for the Contractor.
The Contractor shall be paid for the cost of the necessary modifications only
if the specific items requiring such modification are provided in the Bills of
quantities.

46.7.3 Settlem ent of Extraordinary Traffic Claim s

If during the execution of the works or at anytim e thereafter, the Contractor

shall receive any daim arising out of the execution of the W orks, in respect
o f dam age or injury to highways or bridges, he shall immediately report
the sam e to the Engineer.
T
he Contractor shall negotiate the settlement of and pay all sums due in
respect of such claim and shall indemnify the Em ployer in respect thereof
and in respect of all claim s, proceedings, dam ages, costs, charges and
expenses in relation thereto.

46.8 Watching and Lighting

The Contractor shall in connection with the W orks, provide and maintain at his
own cost all lights, guards, fencing and watching when and where necessary
or as required by the Engineer or by any duly constituted authority, for the
protection of the W orks, or for the safety and convenience of the public or
others.

46.9 Way leaves etc.

The Contractor shall bear ail costs and charges for special or temporary
w ay leaves required by him in connection with access to the Site. The
Contractor shall also provide at his own cost any additional accommodation
outside the Site required by him for the purposes of the Works.

46.10 Site Office for the Employer

The Contractor will provide free of cost temporary furnished accommodation
as detailed in Schedule fF ’ for the Engineer and his staff, at the site of work.
On expiry of the maintenance period, the Site Office shall be dismantled and site
cleared unless the Em ployer directs otherwise. The furniture will be returned to
Before Issue After Receipt
Insertions (I) insertions (I)
Corrections (CR) Corrections (CR)
Cutting (CT). \*1 Cutting <CT)
Omissions (OM) • Omissions (OM).......
Over Writing (OW) Over Writing (OW).

2700

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P A R T - 3 (G C C )

the Contractor at whatever conditions they are an expiry of maintenance period.

46.11 Electricity Supply required at the works

46.11.1 Arrangem ent

The Contractor shall make his own arrangement for Electricity required for the
work and nothing extra w ill be paid for the sam e.

OR
46.11 lA E Ie ctric power, if available, may be made available for the work by the
Em ployer at one or more points within the site or near the site on specified
v- S' term s and conditions. The Contractor shall arrange at his own cost the

) necessary cabling/wiring, Sw itch Board and the switch gear etc and shall be
responsible for their safe m aintenance. Cost of Electricity supplied shall be
f
fixed by the Em ployer from time to time.

(C lasue 46.11.1 .A will be applicably only if so stipulated in Schedule ‘F ’).

46.11.2 Conditions

a ) Distribution arrangements shall be done by the Contractor at his

cost as per approved layout He shall provide required clearances
for overhead lines to facilitate easy movement of machinery. These
overhead lines shall be shifted and rerouted at the Contractor’s cost
during execution of work if the same are found to obstruct any other work
of any agency working at site or requires to be shifted due to unforeseen
reasons.

b) On completion of the Work, the Contractor shall, to the satisfaction of the

Engineer, remove all wiring installed by him and make good, any
disturbance or damage done.

c) The Contractor shall employ a certified and licenced Electrician for

carrying out this work.

Before Issue After Receipt

Insertions (I)............ Insertions (I).......
Corrections (CR).... Corrections (CR).,
Cutting (CT)............ \ 08 Cutting (CT)...........
issions(OM).... cK ^ Omissions (OM)...^..ft.
Writing (OW). Over Writing (OW]^,7.... ^ .
V
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P A R T - 3 (G C C )

46.12 Land fo r C o n tracto r's O ffice s, Godown, W orkshop

a ) Subject to the availability, the Em ployer may allot at his own

discretion and convenience land for the construction of the
Contractor’s site office, godowns, workshop and assem bly yard near the
site. Allotment of such land shall not confer any tenancy rights to the
Contractor. The Contractor shall construct and
m aintain the sam e at his cost. All these temporary works shall be well
ventilated, lighted and provided with water, electricity and sanitary
arrangem ent to the approval of the Engineer.

b) The Contractor shall rem ove immediately on completion of the work such
buildings and make good, to the satisfaction of the Engineer, all the
dam ages sustained.

C) The Contractor shall not use the land for any purpose other than that
for or in connection with the Contract.

d) In case the Contractor requires any land additional to what is made

available/allotted to him, the Contractor shall make arrangements for the
sam e at his own cost.

46.13 Land fo r Labour Accom m odation

The Em ployer shall not provide any land for setting up of the Labour Camp
and the Contractor shall make his own arrangements.

OR

46.13.A Subject to availability, on specific request of the Contractor, space

for labour accommodation at site may be provided free of rent to the extent
possible. However it will be the responsibility of the Contractor to look after all
the requirements of the labour camp such as water, sanitation, health, lighting,
general living condition and welfare. In case the Contractor requires any land
additional to what is made available/ allotted to him, the Contractor shall
make arrangem ents for the sam e at his own cost.
(Clasue 46.13.A will be appiicably only if so stipulated in Schedule ‘F ’).

Before Issue
Insertions (I)..................
Corrections (CR)....
Cutting (CT)...........
Omissions (OM)....
Over Writing (OW).
DK V [Link] PM EN T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C )

46.14 Excavated Material

The Contractor shall not sell or otherwise dispose of or remove except for the
purpose of this. Contract, the sand, store, d ay, ballast, earth, rock or
other substances or m aterials which m ay be obtained from any excavations
made for the purpose of the works or any building or produce upon the site at
the time of delivery of the possession thereof but all the substances, m aterials,
buildings and produce shall be the property of the Em ployer. All such m aterial
which in the opinion of the Engineer-in-Charge is useful shall be stacked
separately in regular stacks as direded by the Engineer-in-Charge. The
Contrador may be permitted by the Engineer-in-Charge to use the sam e
on mutually agreed payment terms.

46.15 Production Of vouchers etc by the Contractor vr

i) The Contractor shall, w henever required produce or cause to be
produced for examination by the Engineer-in-Charge any quotation,
invoice, cost or other account, book of accounts, voucher, receipt,
letter, memorandum, paper of writing or any copy of or extract from any
such document and also furnish information and returns verified in such
manner as may be required in any w ay relating to the execution of this
Contrad or relevant for verifying or ascertaining cost of execution of
this Contrad and the dedsion of the Engineer-in-Charge on the
question of relevancy of any documents, information or return being
final and binding on the parties. The Contrador shall similarly produce
vouchers etc. if required to prove to the Engineer-in-Charge that the
materials supplied by him, are in accordance with the spedfications laid
down in the Contract.

ii) If any portion of the work in a Contract is being earned out by a Sub
Contrador or any subsidiary or allied firm or Company in terms of
permission granted under C lause 21 of Contract the Engineer-in-
Charge shall have power to secure the book of such sub Contrador or
any subsidiary or allied firm or company through the Contractor and
such book shall be open to the Engineer-in-Charge'sinspedion.

iii) The obligations imposed by sub clause (i) and (ii) above are without
prejudice to the obligations of the Contrador under any statute, rules or
orders binding on the Contrador.

Before Issue After Receipt

Insertions ( I) ......
Corrections (CR).
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P A R T t-3 (G C C )

46.16 Law governing the Contract

The Contract shall be governed by the law for the time being in force in the
Republic o f Indja.
«-

46.17 Court Jurisdiction .

r
The Courts in the C ity as specified in ‘Schedule F~ alone shall have the
jurisdiction to entertain any application or other proceedings in respect of
anything arising under this Agreement and any award or awards made by the
Arbitrator where Arbitration & Conciliation Act 1996 is applicable shall be filed
in the concerned Courts in the aforesaid City only.

CLAUSE 47
INSURANCES TO BE TAKEN BY TH E CONTRACTOR & EMPLOYER TO
BE
INDEMNIFIED

47.1 insurance of Works etc

47.1.1. The Contractor shall effect Contractor's all risk insurance policy (CAR policy)
in the joint names of the Em ployer and the Contractor, the name oH H elorm er'
being placed first in the policy, covering the following:
a) The works at their Replacem ent Cost.

b) All plants and equipments and other things brought to the site by the
Contractor shall be insured for a sufficient amount not less than R s.5 lacs
or 1% of the Tendered Value, whichever is more, ,

c) Em ployer's building rented to the Contractor if toe building or part

thereof is used by the Contractor for the purpose of storing or using
materials of coriibustble nature, on which the decision of the Engineer-
in-Charge shall be final and binding.
47.1.2 The insurance shall be against all losses or damages from whatever causes,
other than excepted risks, as defined in Clause 2 of Conditions of
Contract, for which the Contractor is responsible under the Contract. The
insurance cover shall be for the period of Contract stipulated in Clause 47.7
below and also for the period o f^ iiin ten an cerT o f lOss or damage arising
Before Issue After R w ih l ^
Insertions ( ! ) .......... Insertions (I).
Corrections (CR)........... V Corrections (CR) vV
Cutting(CT)................... I Cutting (CT),
Omissions (OM)......... "'K ^ Omissions (OM).
Over Writing (OW).!.. Over Writing (OW)

► «■
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P A R T - 3 (G C C )

from a cause prior to commencement of the period of maintenance, and for

any loss or dam age, occasioned by the Contractor in the course of any
operations carried out for the purpose o f complying with his obligations during
Maintenance Period under Clause 17 of C lauses of Contract.

47.1.3 Such insurance shaH be effected with an insurer and with term s approved
by the Employer. The Contractor shall, whenever required, produce the
policy or policies and the receipts for paym ent o f the current premiums.

47.2 Third Party Insurance

47.2.1 Before commencing the execution of the W orks from the date specified in
Clause 5 above the Contractor shall insure against the liability for any m aterial
or physical damage, loss injury or death which may occur to any property or
life including that of the Em ployer or to any person, including any employee of >
the Employer, by or arising out of the execution of the W orks o r in the carrying
out of the Contract. The sum insured w ill be for an amount specified in
Schedule *F\ After each occurrence, Contractor shall pay additional
premium necessary to make insurance valid for four occurrences alw ays The
Insurance Policy should cover this amount at all times till issue of Completion
Certificate by the Engineer-in-Charge.

47.2.2 Such insurance shall be effected with an insurer and its terms
approved by the Employer. The Contractor shall, whenever required,
produce before Engineer the policy or policies of insurance and the receipts
of payment of the current premiums.

47.3 Workmen's Insurance

The Em ployer shall not be liable for any payment in respect of any
damages or compensation payable according to law in respect or in
consequence of any accident or injury or loss of life to any workman or other
person in the employment of the Contractor or any sub-Contractor, except an
accident or injury resulting from any act or default of the Employer, his
agents or servants. The Contractor shall insure against such liability with an
insurer approved by the Em ployer for a sum as per established norms
during the entire period stipulated in C lause 47.7 below.

47.4 Recovery from the Contractor

Without prejudice to the other rights of the Em ployer against the Contractor
Before Issue After Receipt
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PART - 3 (GCC)
in respect of such default, the Em ployer shall be entitled to deduct from any
sums payable to the Contractor the amount of any dam ages,
compensation costs, charges and other expenses paid by the Em ployer
and which are payable by the Contractor under this clause.
47.5 Sh o rtfall in paym ent to C on tractor by the Insurance Com pany

In all cases where the Contractor has taken any insurances, he shall not be
entitled to reimbursement by the Em ployer of any shortfall or deficiency in the
amount payable by the Contractor towards settlement of claim s and that paid
by the insurer in settlem ent of sam e claim.

47.6 Insurance by Sub-C ontractors

Without prejudice to his liability under this clause the Contractor shall also
cause all Sub-Contractors to effect, for their respective portions of the works,
sim ilar policies of insurance in accordance with the provisions of this clause
and shall produce or cause to produce to the Em ployer such policies. The
Contractor shall not permit a Sub- Contractor to commence work at the
site unless the said insurance Po licies are submitted. In the event of
failure of the Sub-Contractor to take out such a policy of Insurance before
commencing the works at the site, the Contractor shall be responsible for any
daim or damage attributable to the said Sub-Contrador.

47.7 Period o f Po licie s

All the insurance covers mentioned above shall be kept alive during the
period of the Contrad from the date spedfied for start of the work in terms of
Clause 5 above until the Contrador obtains a Maintenance Certificate from
the Em ployer as explained in C lause 17.
47.8 Rem edy on C ontractor’s Failu re to Insure

If the Contractor shall fail to effed and keep in force the insurances referred
to above, or any other insurance which he may be required to effed under
the terms of the Contract, then and in any such case the Em ployer on advice
of the Engineer-in-Charge may effect and keep in force any such insurance
and pay such premium or premiums as may be necessary for that purpose
and from time to time deduct the amount so paid by the Em ployer as
aforesaid from any moneys due or which may become due to the Contrador,
or recover the same as debt due from the Contractor.

47.9 Dam age to Persons and Pro p erty - Em ployer to be indem nified

Before Issue After Recei

insertions (I)..................^ Insertions (I)....................
Corrections (CR) Corrections (CR)............ /
Cutting (CT) Cutting (CT)..............
Omissions (OM) Omissions<OM)....... .T. a
Over Writing (OW). Over W ritingtOW )^....^

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P A R T - 3 (G C C j

The Contractor shall indemnify the Em ployer against all losses and claim s in
respect of injuries or dam ages to any person or m aterial or physical
damage to any property whatsoever which m ay arise out of or in
consequence of the execution and m aintenance of the works and
against all daim s, proceedings, damages, costs, charges and expenses
whatsoever in respect of or in relation thereto, except any compensation
or damages for or with respect to :
a) The permanent use or occupation of land by the works or any part thereof.

b) The right of the Em ployer to execute the works or any part thereof on,
over, under, in or through any land.

c) Injuries or damage to persons or property caused by Excepted risks or

resulting from any act or neglect of the Em ployer, his agents, servants or
other Contractors, not being employed by the Contractor or for or
in respect of any daim s, proceedings, dam ages, costs, charges and
expenses in respect thereof or in relation thereto. W here the injury
or damage was contributed to by the Contractor, his servants or
agents, such part of the compensation as m ay be just and equitable
having regard to the extent of the responsibility of the Em ployer, his
servant or agent or other Contractors, for the dam age or injury.
A copy of the Format for Indemnity Bond is at Annexure ‘H\

C LA U SE 48

S A F ET Y AND SEC U R IT Y

48.1 Codes etc to be com plied w ith

The Contractor shall ensure and arrange at his cost fire and the safety
provisions, as per safety code of R IT ES. (R efer Section No. 9 of General
Conditions of Contract), Indian Standards Institution, safety m anuals of
the Employer, if any, and such provisions as are locally in force from
time to time for all labour, directly or indirectly employed in the works for
performance of this Contract The Contractor will indemnify the Em ployer
from any consequence arising due to Contractor's failure in respect of safety
provisions.
Following Codes may be referred to in this connection:

IS 5916 Safety code for construction involving use of hot bituminous

Before Issue After Receipt
Insertions ( I) ........... Insertions (I)..............
Corrections (CR)__ Corrections (CR).......
Cutting (CT)............ Cutting (CT)...........
Omissions (OM)...... Omissions ( O M ) . J.. 9 j '
Writing (OW). Over Writing (OW).,/:... \ -
V
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m aterials. IS 7293 Safety code for working with construction m achinery

IS 7969 Safety code for handling and storage of building m aterials. IS 8989
Safety code for erection o f concrete framed structures.

IS 13415 Protective barriers in and around buildings - Code of Safety

IS 13416 Preventive m easures against hazards at work places -

Recommendations (Parts -1 to 5)

48.2 First Aid & Industrial Injuries

48.2.1 First aid facilities at easily accessible place shall be provided by the
Contractor as per provisions of Labour Act or Rules of the Authority
controlling the area where work is carried out.

48.2.2. The Contractor shall make arrangem ents with hospitals for ambulance
service and for treatment of industrial injuries to meet eventualities
leading to the need for such facilities. The Engineer shall be informed of
their telephone numbers and addresses of the Hospitals.

48.2.3 Details of all critical industrial injuries shall be reported promptly to the
Engineer.

48.2.4 Report shall cover type, nature, cause, physician's report and action for
prevention of those types again.

48.3 General Safety Rules

48.3.1 Smoking within plant, restricted areas, closed areas, near storage place of
lubricant oil and fUel etc. is strictly prohibited.

48.3.2 The Contractor shall erect and maintain barricades required in connection
with his operation to guard or protect

(a) Excavation

Before Issue After Receipt

Insertions (I)........ Insertions (I).................... / ('V '
Corrections {CR)........... Corrections (CR)............v /
Cutting (CT)............ Cutting (CT)...... ^ V
Omissions (OM)...... Omissions (OM).
Over Writing tOW).. Over Writing (OW>

•* p> 27C8

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PART - 3 (GCC)
(b) Hoisting/lifting
(c) Slab openings
(d) Hazardous areas

(e) Em ployer's existing property likely to be subjected to damage by the

Contractor's operations
(f) Unloading spots

48.4 Accidents - Precautions at Worksite

No m aterials on the sites shall be so stacked or placed as to cause
danger or inconveniences to any person or to the public. The
Contractor shall provide all necessary fencing and lights to protect the public
from accidents and shall be bound to bear expenses of defense of every suit,
action or other proceedings at law, that may be brought by any person, for
injury sustained, owing to neglect of the above precautions and to pay any
damages and costs which may be awarded in any such suit action or
proceeding, to any such person or which may, with the consent of the
Contractor be paid to compromise any claim by any such person.

48.5 Electrical Equipments - Precautions

All temporary and permanent electrical installations, power distribution and
supply required for execution of Work shall be earned out conforming to
existing industrial and domestic safety rules and regulations. Important
specific points to be noted are as under.
(i) M eter room and main switches should be freely accessible at all times
and fully protected against all weather conditions.
(ii) Power distribution system shall be identifiable with display marking on
switches.

(iii) All power distribution shall be carried out with coated, adequately
insulated and of appropriate current/load rating cables: It shall be
securely routed for this purpose. No loose, naked, hanging wires shall be
permitted.
(iv) Over load protection devices shall be installed whenever and wherever
heavy current/load consuming construction plant or machinery
susceptible to hazard is in use and as directed by the Engineer-in-charge.

(v) M etallic plugs and sockets shall be used in field work. Switch board
Before Issue After Receipt
Insertions ( I) ......
Corrections (CR).
Cutting (CT)............
missions (OM)....
Writing (OW).
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S ’"

P A R T - 3 (G C C )

shall be in close proximity so as to have quick control over the supply.

(vi) Proper and adequate earthing connection should be provided for all
installations, plant and machinery and distribution system.
(vii) Hand lamps and inspection lam ps shall be adequately insulated and
guarded with wire mesh and should have proper plugs for use.

(viii) Security and illuminatory light shall be secured firmly and protected to
•.
withstand
j
all weather conditions.

48.6 Maintenance of Safety Devices

All scaffolds, ladders and other safety devices mentioned or described herein
shall be maintained in a safe conditidn and no scaffold, ladder or equipment
shall be altered or removed while it is in use. Adequate washing and
maintenance facilities shall be provided at or near places at work.

48.7 Personal Safety

All necessary personal safety equipment as considered adequate by the

Engineer shall be available for use of persons employed on the Site and
maintained in a condition suitable for immediate use and the Contractor
shall take adequate steps to ensure proper use of equipment by those
concerned.
(b) Workers employed on mixing asphaltic m aterials, cement,
and lime mortars/ concrete shall be provided with protective footwear
and protective gloves.
(c) Those engaged in handling any m aterials which are injurious to eyes
shall be provided with protective goggles.
(d) Workers employed on erection works, etc. shall be provided with
helmets, safety belts etc.

(e ) Workers employed on concrete finishing, welding, painting and other

works above 2 m eters height shall be provided with a suitable safety belt,
as per Factory Rules of the locality.

48.8 Storing Fuel, Oil and Lubricant

The Contractor shall take approval from the Safety Officer of the Em ployer
Before Issue
Insertions (I)....... Insertions (I).....
Corrections (CR). Corrections (CR)
Cutting (CT)............ Cutting (CT).........
Omissions (OM ).... Omissions (OM)...
Over Writing (OW). Over Writing (OW

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for storing the lubricants, oil and fuel at site for running the machinery
required for the construction.

48.9 Fire Extinguishing

Suitable, sufficient number of fire extinguishers for all types of fire, shall be
provided at work site. In addition, sufficient number of fire buckets filled with
water and sand shall also be provided. The fire fighting equipment as
outlined above shall be dispersed in a suitable and purposeful manner.

48.10 Fire Precautions

The Contractor shall comply with regulations of the controlling authority in
force at the site of the works relating to the precautions to be taken against fire
hazards.

48.11 Protection arrangements at work site

Adequate protection against any form of damage or deterioration shall be
provided for in all sections of the works. This shall include protective tapes,
casings, guard rails and the likes, which shall be provided as necessary.
Particular care shall be
taken to protect finished surfaces during the execution of adjacent in-situ
work. The Contractor shall canyout all steps necessary and comply with the
directions and instructions of the Engineer to his satisfaction.

48.12 Safety Arrangements for labour

The Contractor shall, at his ownexpense, arrange for the safety provisions
as given above and as requiredby the Engineer, in respect of all labour
directly or indirectly employed for performance of the work and shall
provide all facilities in connection therewith. In case the Contractor fails to
make arrangements to provide necessary facilities as aforesaid, the
Engineer shall be entitled to do so and recover the cost thereof, from the
Contractor.

48.13 Safety Manual

Before Issue After Rtccint

 ft (r*^r)
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P A R T - 3 (G C C )

The Contractor shall submit a Safety Manual indicating the safety m easures
proposed to be adopted in light of above provisions, for approval of the
Engineer-in-Charge.

48.14 Accidents - Reporting

The Contractor shaH, within twenty four <24) hours of the occurrence of any
accident on, or about the Site, or in connection with the execution of the
W orks, report such accident to the Engineer and to the appropriate authority
w herever such report is required by law. The Contractor will indemnify the
Em ployer from all accident cases.

48.15 Security Measures

The Contractor shall be responsible at his cost for security of W orks for the
duration of the Contract and shall provide and maintain continuously
adequate security personnel to fulfill these obligations. The requirements of
security measures shall include, but not limited to, maintenance of Law and
order at site, provision of all lighting, guard, flagmen, and other m easures
necessary for protection of W orks within the cam ps and elsewhere at site, for
all m aterials delivered to the site and all persons employed in connection
with the Works continuously throughout working and non-working periods
including nights, Sundays, holidays, for the duration of the Contract. At
work sites in dose proximity of traffic corridors where public are likely to
come close to the work area, suitable fendng as direded by the Engineer
should be provided.

CLAUSE 49
QUALITY ASSURANCE

49.1 Submission of Quality Assurance Manual

The Contrador shall on receipt of Letter of Acceptance, or as soon
thereafter as possible, but not later than one month, submit to the
Engineer-in-Charge for his approval a Quality Assurance Manual for the
Contract works involved. The Manual should cover the following items as
minimum:

i) Q.A. Plan for Basic Construction M aterials indicating the details of

Before Issue seipt
A fter Receipt
Insertions (I)............. Insertions (I).....
Corrections (CR)........... / Corrections (CR) .....V / ,
Cutting (CT).................... p ^ Cutting (CT)..............
Omissions (OM)............. { . Omissions (OM)......
Over Writing (OW).. Over Writing(OW).-

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P A R T - 3 (G C C )

tests to be undergone before use in works.

ii) Q.A. Plan for site activities indicating the details of tests to be
conducted at the various stages of construction for various activities.

in) In house/on site testing facilities to be developed for m aterials, site

activities and calibration of equipments

iv) Site documents to be maintained including records of. results of tests for
materials and workmanship, inventory record on availability of vital
m aterials and their consumptions vis-a-vis design requirements, site
inspection records, qualify audit record, safety audit record, site progress
record, etc.

v) Check lists for source approval of materials etc., check lists for site
activities and proforma for recording results of tests.

vi) Method statem ents for important construction activities.

49.2 Guidance in preparation

For guidance in the preparation of the Manual, the following printed
Publications may be referred to :

i) Quality Assurance Manual for Construction of Concrete Structures

(Bridges & Flyovers) by C.P.W .D .
ii) Compilation of Quality Assurance Circulars of C.P.W .D .

CLAUSE 50
ECOLOGICAL BALANCE

The Contractor shall maintain ecological balance by preventing

deforestation, water pollution and defacing of natural landscape. The
Contractor shall so conduct his construction operations as to prevent any
avoidable destruction, scarring or defacing of natural surrounding in the

Before Issue A fte r Recein

Insertions (I)........... Insertions (I)........... ........ / P 1
Corrections (CR)... Corrections (CR).............£ > \ /
Cutting (CT)........... Cutting (CT).............. ’
issions(OM).... Omissions (OM)....... A., p
Writing (OW) Over W riting(OW )./....v

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vicinity of work. In respect o f ecological balance, the Contractor shall

observe the following instructions for which no extra paym ents will be made.
(a) W here destruction, scarring, dam age or defacing may occur as a
result of operations relating to Perm anent or Temporary Works,
the sam e shall be repaired, replanted o r other wise corrected at
Contractor’s expense. All
work areas shall be smoothened and graded in a manner to
conform to natural appearance of the landscape as directed by the
Engineer.

(b) All trees and shrubbery, which are not specifically required to be
cleared or removed for construction purposes, shall be preserved and
\ shall be protected from any dam age that may be caused by Contractor's
construction operations and equipment or by their Employees/Workers.
The removal of trees or shrubs will be permitted only after fmor approval
of the Engineer. trees or
shrubs are exposed to injuries by construction equipment blasting,
excavating, dumping, chem ical damage or other operation and the
Contractor shall adequately protect such trees by use of protective
barriers or other methods approved by the Engineer. Trees shall not be
used for anchorage. The Contractor shall be responsible for injuries to
; trees and shrubs caused by his operations and Employees/Workers. The
terms "injury" shall include, without limitation, bruising, scarring, tearing
and breaking of roots, trunks or branches. All injured trees and shrubs
shall be restored as nearly practicable, without delay, to their original
condition at Contractor's expense.
^ (c) W here trees have to be necessarily cut for progressing temporary or
/ permanent works, the Contractor shall arrange for compensatory
*1 afforestation as may be required by Environm ental Rules and

\
> { Regulations.
(d) In the conduct of construction activities arid operation of
equipments, the Contractor shall utilize such practicable methods and
devices as are reasonably available to control, prevent and otherwise
minimize air/ noise pollution.

(e) Excessive emission of dust into the atmosphere will not be permitted
during manufacture, handling and storage of concrete aggregates/fly
ash/ earth/building m aterials and the Contractor shall use such
methods and equipment as are necessary for collection and
disposal or prevention of dust during these operations. The
Before Issue After Reci
Insertions (I), Insertions{I).................... / 1
Corrections (CR) Corrections (CR)........... *
Cutting (CT) Cutting (CT)............. '
Omissions (OM).... Omissions (OM)......
Over Writing (OW) Over Writing (OW)/.

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P A R T - 3 (G C C )

Contractor's method o f storing and handling cem ent shall also include
m eans of elim inating atm ospheric discharge of du st Equipment
and vehicles that give objectionable em ission of exhaust gases shall not
be operated. Burning o f m aterials resulting from cleaning of trees
branches, combustible construction m aterials and nfebish may be
permitted only when atm ospheric conditions for burning are considered
favourable.

(f) Special care must be exercised in ensuring that the labour housed in
labour camp within the work site area do not indulge in any activity like
drinking alcohol, taking drugs etc and other activities that may affect
the ecological balance such as cutting of shrubs for fuel, creating open
air nuisance etc.

CLAUSE 51
EXECUTION OF WORKS
51.1 Mobilisation
Period of Mobilisation shall be 19 days counting from the date of issue of
Letter of Acceptance by the Engineer-in-Charge. The Contractor shall carry
out following activities within this period stated. He shall submit to the
[Link] v s after issue of Letter of Acceptance, the proposed
layout of .locating ..officw rslores, godowns, yards, waterTelecm c network etc.
for approval of the Engineer.

Minimum following activities shall be completed within the mobilization

period o f 9Q days or such extended period as approved by the Engineer.
/ '*' z Site office of the Contractor
z Line out including establishing of grid line levels and its approval
from the Engineer.
z Submitting list of proposed specialized sub-Contractors as may be
/ required for approval of the Engineer.
/
z Tapping electric and water connections
/

Before Issue After Receipt

Insertions (I)........ .................... i Insertions (I).......
Corrections (CR)............ t ,,, |1 2 -
Corrections (CR)..
cutting (C D ................... Cutting (CT).......
issions (OM)...................... I Omissions (OM)..
Writing (OW)............... .^J Over Writing (O W )./._ i

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P A R T - 3 (G C C I

z Cem ent godown and steel yard

z Obtaining insurance policies as per the Contract
z Obtaining labour licences, as required
z Obtaining approval of local authorities and complying with any

statutory requirements prior to actual start of work,

z Establishing water and electric network at site.
z Submitting construction programme as detailed in Clause 5 of Contract
and its approval by the Engineer-in-Charge.
However during this period of mobilisation o 90 days the cntractor is require to
get the following prepatory works carried out such as boring, installation of
desalination plant for water treatment, construction of office for PM C and
contractor including other facilities, store, labor cam ps with potable cabin, DG set
installations and adequate staff, Man Pow er and machinery etc to commence the
work.

51.2 Setting out of Works

The Contractor shall be responsible for the true and proper setting-out of the
W orks in relating to original points, lines and levels of reference given by the
Engineer in writing and for the correctness, subject as above mentioned, of
the<-posrtion, levels, dimension and alignment of all parts of the Works
and for the provision of all necessary instruments, appliances and labour
in connection therewith. If, at any time during the progress of the Works, any
error shall appear or arise in the position, levels, dimensions or alignment of
any part of the W orks, the Contractor, on. being required so to do by the
Engineer shall, at his own cost, rectify such error to the satisfaction of the
Engineer. The checking of any setting-out or of any line or level by the
Engineer shall not in any way relieve the Contractor of his responsibility for
the correctness thereof and the Contractor shall carefully protect and
preserve all bench-marks, sight-rails, pegs and other things used in setting-
out the works. The Contractor shall use latest equipments like Total
Station/Theodolite and Auto level etc for setting out the works.

51.3 Boreholes and Explanatory Excavation

If, at any time during the execution of the Works, the Engineer shall
require the

Contractor to make boreholes or to carry out exploratory excavation, such

requirement shall be ordered in writing and shall be deemed to be an Extra
Before Issue After Ri
Insertions (1)...................i Insertions (I)....
Corrections (CR)........... f r» Corrections (CR).............
Cutting (CT)....................^ I •‘^ "3 Cutting (CT).... *
Omissions (OM). ■........\ ^ Omissions (OM)
Over Writing ( OW) . . ^^s^r-jpS^Over Writing (OW’

| 2716
2 6 JU N 20W
 P A R T - 3 (G C C )

item for which paym ent shall be made by the Engineer in term s of Clause 12
of Contract.

51.4 Temporary Worics

51.4.1 The Contractor is entirely responsible for the design, construction,
maintenance and rem oval of all temporary works employed in carrying
out the Contract W ithin a reasonable time (and in any case not less than
fifteen days) before he intends to commence construction of any
temporary works, the Contractor shall submit full particulars including
drawings of the sam e, for the approval of the Engineer. The Engineer's
approval will in no w ay relieve the Contractor of his responsibility for the
safety of the W orks, operators, adjoining property, structures or
services and com pliance with appropriate regulations and codes of
practice. Documents for Temporary works supporting adjoining buildings,
property and public utilities and roads shall also be submitted to the
appropriate authority for their approval if requested/
required.

51.4.2 The temporary works shall be designed and constructed in such a manner as
to enable the permanent structures to be built around them without
detriment to their effectiveness and due allowance will be deemed to have
been made for all necessary adjustments thereto to enable the W orks to
proceed.

51.4.3 Timber shoring, boards, struts or sim ilar items shall not be left in
position upon completion of the Works without the written consent of the
Engineer.

51.4.4 All services or utilities on or adjoining the site which are required to be
maintained operational shall be protected from movement, subsidence or
damage from any cause whatsoever by adequate temporary props, struts,
shores and protective screens to the approval of the Engineer and the agent
of the service or utility.

51.4.5 The Contractor shall make safe and reinstate all areas affected by temporary
works.

51.4.6 The Contractor shall use properly designed and manufactured steel staging
platforms for carrying out work above 3.0m height All required staging for
Before Issue After Receipt
Insertions (I)...................... Insertions (I).................... J
Corrections (CR)........... I. Corrections (CR).............nj
Cutting (CT)............. >2-4 Cutting (CT)__
issions (OM)....... Omissions (OM)....... C %
........... .................
riting(OW).. Over Writing (OW )./.... ^ //

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P A R T - 3 (G C C )

supporting, centering, shuttering of beams, slab, masonry work, etc. shall be

carried out strictly as per the Supplier’s instructions or approved
arrangem ent It is to be noted that designing of such work shall be carried out
by the Contractor and shall be submitted for approval of the Engineer. No
work above 3.0 m shall be permitted without com pliance of this condition..

51.5 Plant, Temporary Works & Materials - Exclusive use

A ll constructional plants* temporary works and materials provided by the
Contractor shall, when brought on to the site, be deemed to be exclusively
intended for the execution of the W orks and the Contractor shall- not
rem ove the same or any part thereof, except for the purpose of moving it
from one part of the site to another, without the consent, in writing, of the
Engineer, which shall not b ejjn reason ab l^ ^

51.6 Use of Site only for Works

The Contractor shall not use any portion of the Site for purpose not connected
with the works without the prior written approval of the Engineer. He shall
maintain permanent and Site access roads free of spillage and shall not
interfere with the flow of traffic. Also same shall apply to terraces and other
developed areas.

51.7 Name Board at Site

The Contractor shall prepare and display name board at site as per design
approved by the Engineer. It shall have
z Name of Project

z Name of Em ployer

z Name of Consulting Architect (if any)

z Name of Project Management Consultant (if any)

z Name of Contractor

Site Drainage/Cleaning/Nuisance

A ll water which may accum ulate on the Site during the progress of the
works or in trenches and excavation, shall be removed from the site to

Before bstn
Insertions (I)....... insertions (I).
Corrections (CR), Corrections (CR).
Cutting (CT)............ Cutting (CT)................^
Omissions (OM ).... Omissions (OM).......
Over Writing (OW), Over Writing (O W )/...,

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the satisfaction of the Engineer at the Contractor's cost

51.6.2 The Site shall be m aintained free from rubbish. Proper stacking of
scaffolding materials, shuttering m aterial, bricks/brick bats, steel pieces, etc.
needed for work on day to day basis shall be organized, Heaps in
unplanned manner and disorderly fashion shall not be permitted. The
Engineer's decision in this m atter shall be final.

51.8.3 The Contractor shall not, at any time, cause or permit any nuisance on the
site or do anything which shall cause, unnecessary disturbance or
inconvenience to the Em ployer, tenants or occupants of other properties near
the site and to the public in general.

51.9 Disposal of Rubbish

(i) The Contractor shall cart away from site and deposit where directed
by the Engineer all refuse, etc. arising from the Works both as it
accumulates and at completion of the Works at the direction of the
Engineer.

(ii) It is the responsibility of the Contractor to obtain a certificate from

the local authorities concerned to the effect that all rubbish arising
out of Contractor's activities at the construction site or any other offsite
activities borrow pits and/or disposal area (s) has been properly disposed
off.

51.10 Shift Working

The Contractor shall be allowed to work in three shifts with prior approval
of the Engineer.

51.11 Urgent Repairs

If, by reason of any accident or failure, or other event occurring to, in, or in
connection with the W orks or any part thereof, either during the execution of
the W orks or during the period of Maintenance, any remedial or other W ork or
repair shall, in the opinion of the Engineer, be urgently necessary for the
safety of the Works and the Contractor is unable or unwilling at once to do
such work or repair, the Em ployer may employ and pay other persons to
________ carry out such work or repair as the___________________ Engineer______ may

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consider necessary. If the W ork or repair so done by the Em ployer is work

which, in the opinion of the Engineer, the Contractor w as liable to do at his
own expense under the Contract, all expenses properly incurred by the
Em ployer in so doing shall be recoverable from the Contractor by the
Em ployer or may -be deducted by the Em ployer from any moneys due or
which m ay become due to the Contractor. Provided always that the
Engineer, shall, as soon after the occurrence of any such emergency as
may be reasonably practicable, notify the Contractor (hereof in writing.

51.12 C ontractor to search

The Contractor shall, if required by the Engineer in writing, search under the
directions of the Engineer for the cause of any defect imperfection or fault
appearing during the progress of the Works or within the Period of
M aintenance (Defect Liability period). If such defect imperfection or fault
shall be one for which the Contractor is liable, the cost of the work carried out
in searching as aforesaid shall be borne by the Contractor and he shall in
such case repair, rectify and make good such defect, imperfection or fault at
his own expense in accordance with the provisions of Clause 17 of Clauses of
Contract

CLAUSE 52

PROGRAMME AND PERFORMANCE

52.1 Review of Programme
If at any time it should appear to the Engineer that the actual progress of work
does not conform to the approved [Link] Contractor shall produce at
~theTrequest of the Engineer, a revised programme showing modifications to
the approved programme, necessary to enswreTcompletion of the work within
the time for completion stipulated in. the Contract. The submission H tef^nd
approval"“By”ths~EnpreeM n-^harge of such programme or the furnishing of
such particulars shall hot relieve the Contractor of any of his duties or
responsibilities or obligations under the Contract. The Engineer-in- Charge
shall have full power and authority during progress of work, to issue such
instructions as may be necessary for the proper and adequate
execution and m aintenance of the Work. The Contractor shall carry out and
be bound by the same.

Before Issue * *• "

Insertions (I)................. ’“ Ttions (I)...........
Corrections (CR).... Corrections (CR)
Cutting (CT)........... Cutting <CT)...........
Omissions (OM).... Omissions (OM).....
Over Writing (OW). •50ver Writing (OW),

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P A R T - 3 (G C C )

52.2 Progress Reports

The Contractor shall submit periodic Progress Reports inducting coloured
progress photographs as per
the frequency and in the Proforma laid down by the Engineer indicating
the details o f actual Progress ws^k-vis planned progress of various
components of work, for the period and 14) to end of the period, slippage if
any, action proposed to be taken to pull back the arrears, deployment of
machinery and plant statement showing extra and substituted items
submitted by Contrador and of
any other item stipulated by the Engineer.

52.3 Maintenance of Records & Registers

The Contrador shall maintain Registers and Records in the format laid
down by the Engineer. These Registers and Records shall be open for
inspection by the Employer/ Engineer-in-charge and Engineer at all times. An
important Register to be maintained is the Hindrance Register which will
be an essential document for dealing with”applications for extension of
time by the Contrador.

52.4 Site Co-ordination Meetings

The Contrador will attend the Site Co-ordination Meetings with
Engineer, the Consultant and other Contradors as fixed by the Engineer
from time to time to discuss all issues relating to the works in general and
progress and quality in particular. All costs inddental to such interaction shall
be borne by the Contrador.

52.5 Site Order Book

A site order book shall be kept at the site of the work. A s far as possible,
all orders regarding the works are to be entered in this book. All entries
therein shall be signed by the Engineer or his representative and the
Contrador or his representative. In important cases, the Engineer-in-
charge will countersign the entries, which have been made. The site order
book shall not be removed from the work site except with written permission
of the Engineer and the Contrador or his representative shall be bound to
take note of all instructions and directions meant for the Contrador as
entered in the site order book without having to be called on separately to
note them. The Contrador shall ensure compliance of the noting in site order
book within three days of the noting. In case of failure to do so, the
corresponding work shall be stopped and work already done shall not be
Before Issue After Receipt
Insertions (I)........ Insertions (I)....... ....../
Corrections (CR).,
Cutting (CT).,
Omissions (OM)......
flit-" Corrections (CR).,
Cutting (CT).......
Omissions (OM).
£
(OW). Over Writing (O W )./.::.^
 D E V E L O P M E N T o flN F R A S T R U C T U R E at A G A L E G A Isfand, M A U R IT IU S "

PA R T — 3<GCCJ

accepted.

52.6 Progress Photographs

During the Construction stage the Contractor shall take adequate number of
coloured photographs showing the progress of various stages of the Work
as directed by the Engineer. Size of photographs will be 125mm x 250 mm.
Photographs shall be supplied with negatives to the Eng7^er""1£aSi
photograph shall be attested with date of photograph, location of work and
brief description of what it shows. These photographs shall be from locations
as fixed by the Engineer at start of work.

52.7 Poor Performance and Consequences Thereof

The Engineer-in-Charge, without prejudice to his other rights against the
contractor, may declare the contractor to be a poor performer after giving him
written notice of seven days in any of the following cases :

i. The contractor abandons the work for 30 days or more without valid reasons.

ii. Progress on the work is behind schedule by 25% or more of the stipulated
contract period for reasons solely attributable to the contractor.

iii. Completion of work is delayed by 25% or more of the stipulated contract

period for'reasons solely attributable to the contractor*

iv. The contractor repeatedly (twice or more) rnakes claims on frivolous grounds
or goes to court or seeks arbitration for such daims.

v. The contractor repeatedly Jtw ice or more) seeks extra-rantractual financial

support from R IT E S for completing the work.

vi. If there are more than two instances of finandal failure of contractor in making
timely payments to his labour or sub contractors or to suppliers o f m aterials.

Upon dedaration of the contractor as •poor performer*, his name will be placed in
R IT E S ’ ‘Negative List of Contractors’ ainH’fie w ll not be eligible for a period of
upto two years, to participate in tenders of other works which may be invited by
R IT E S .
Before Issue After Recc~
Insertions (I). insertions (I)...... 7
Corrections (CR). Corrections {CR).
Cutting (CT)....... Cutting (CT).........
Omissions (OM). Omissions (OM)...
Over Writing (OW). Over Writing (OW

2722 \

6 JUN 2018
D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ”

P A R T - 3 (G C C )

CLAUSE 53

INSPECTION O F WORK
53.1 Site Access
53.1.1 tt is for the Contractor to provide safe and guarded access for the Engineer
as detailed in the safety code, For inspection of works, the Contractor shall
arrange at his cost required ladders, scaffolding m aterials, steel measuring
tapes, plumb levels, theodolite or any other instrument required by the
Engineer for his use at site.
53.1.2 The Engineer and any person authorized by him shall at all times have
access to the W orks and to all workshops and places where work is being
prepared or from where m aterials, m anufactured articles or machinery are
being obtained for the W orks and the Contractor shall afford every facility for
and every assistance in or in obtaining the right to such access.

53.2 Examination of Work before covering up

No works shall be covered up or put out of view without the approval of the
Engineer and the Contractor shall afford full opportunity for the Engineer
to examine and m easure any Work which is about to be covered up or put
out of view and to examine foundations before Perm anent Work is placed
thereon. The Contractor shall give due notice to the Engineer whenever any
such W orks or foundations are ready or about to be ready for examination
and the Engineer shall, without unreasonable delay, unless he considers it
unnecessary and advises the Contractor accordingly, attend for the
purpose of examining and measuring such works or of examining such
foundations.

53.3 Uncovering and Making Opening

The Contractor shall uncover any part or parts of the Works or make
openings in or through the same as the Engineer may from time to time direct
and shall reinstate and make good such part or parts to the satisfaction of
the Engineer. If any such part or parts have been covered up or put out of
view after compliance with the requirem ent in Clause 53.2 above and are
found to be executed in accordance with the Contract, the expenses of
uncovering, making openings in or through, reinstating and making good the
sam e shall be borne by the Employer, but in any other case all costs shall be

Before Issue After Receipt

 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A RT - 3<GCC>

borne by the Contractor.

C LA U SE 54
Q U A LITY AUD IT

The Em ployer may decide to conduct quality audit at regular intervals on

the works done by the Contractor by w ay of Rebound hammer tests, etc.
The Contractor will be required to provide logistic supports for such activities
by w ay of arranging approaches, ladders, scaffoldings, manpower, etc. to the
Em ployer for conducting such audits. No extra payment will be made on this
account.

C LA U SE 55
S A M P LE FLO O R

The Contractor shall construct one sample floor/ unit in each type of
flats/ non- residential building a n d g e t the sam e approved from Employer
including approval of fittings, fixture, finishing items and colour
schem e. Em ployer shall
qiye._approval for sam ple floor/ unit within fifteen days from the date of its
^com pletion in all respects including rectification of defects, if anyT ’""

a) All fitments and fixtures used, such as electrical fittings, water supply
items, sanitary fittings, woodwork and joinery will be as per Contract
agreement.
b) The sample floor/unit shall act as a guideline for the construction and
finishes of all other flats/floors/units.
c) The sample floor/unit shall be completed in all respects including all (
fittings and fixtures within a period as specified in 'Schedule F from the )
date of start, failing which a penalty of Rs. 2000/- (Rupees Two \
Thousand Only) per d ay of delay shall be levied. ^
Provided always that provision of Clause 55 shall be applicable only
when ^so provided
^ |----- _____ in Sch
J.— ^F|.ed u le ‘F\

Before Issue After Receipt

Insertions (I)........... Insertions (1)........... ........ /
Corrections (CR).... Corrections (CR)........... \ / Yj
Ci#ting(CT)........... Cutting (CT).............. f * V
Omissions (OM)...: Omissions (OM).
Over Writing (OW). Over Writing (OW/
D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S "

PA R T - 3 (G C C )

ANNEXURE A
(REFER CLAUSE 1 i)

Form of P e rfo rm a n ce Security Bank Guarantee Bond

In consideration of the Em ployer having agreed under the terms and

conditions of contract made vide his Letter of Acceptance (LO A ) No--------
------- —dated —— between ------- - ( the Em ployer ) represented by
R IT E S Ltd for and on behalf of the Em ployer as an Agent/Power of Attorney
Holder a n d -------------- (hereinafter called "the said Contractor) for the
work --------- :------ (herein after called the said Agreem ent") the
Contractor having agreed to production of a irrevocable Bank Guarantee for
Rs. --------- ------- (Rupees ........ ............-..........Only) as a
Security/Guarantee for com pliance of his obligations in accordance with the
term s and conditions in the said Agreement,
1. W e ---------------(indicate the name of the Bank) (hereinafter referred
to as " the Bank’ hereby undertake to pay to the R IT E S LTD acting for and
on behalf of the Em ployer as an A gent/Power of Attorney Holder, an
amount not exceeding R s .------------------- (R u p ees--------------
--------- only) on demand by R IT E S Ltd for and
on behalf of the Em ployer as an Agent/Power of Attorney Holder.

2. W e ----------- (indicate the name of the Bank) do hereby undertake to pay

the amounts due and payable under this Guarantee without any demur,
m erely on a demand from by R IT E S Ltd for and on behalf of the Em ployer
as an Agent/Power of Attorney Holder stating that the amount claimed is
required to meet the recoveries due or likely to be due from the said
Contractor. Any such demand made on the Bank shall be conclusive as
regards the amount due and payable by the Bank under this Guarantee.
However, our liability under this Guarantee shall be restricted to an amount
not exceeding R s.----------- (R u p ees---------------------- only).

3. W e, the said Bank further under take to pay to the Em ployer represented by
R IT E S Ltd. for and on behalf of the Em ployer as an Agent/Power of
Attorney Holder any money so demanded not withstanding any dispute or
disputes raised by the Contractor in any suit or proceeding
Before Issue After Receipt
Insertions (1)........ Insertions (I)......
Corrections (CR)., I fjU '' Corrections (CR) :::/
Cutting (CT)........ 13.2- Cutting (CT)..............
Omissions (OM).. Omissions (OM)
er Writing (OW).. Over Writing (OW)

2725
6 JUN 2018’
 D E V E L O P M E N T of IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S ”

P A R T - 3<GCC)

pending before any court or Tribunal relating there to, our liabilities under
this present being absolute and unequivocal. The paym ent so made
by us under this Bond shall be a valid discharge of our liability for payment
thereunder and the Contractor shall have no datm against us for making
such paym ent

4. W e --- - (Indicate the name of the Bank) further agree that the Guarantee
herein contained shall remain in full force and effect during the period that
would be taken for the performance of the said Agreement and that it shall
continue to be enforceable till all dues of the Em ployer represented by
R IT E S Ltd for and on behalf o f the Em ployer as an A gent/Pow er of Attorney
Holder under or by virtue of the said Agreement have been fully paid and its
daim s satisfied or discharged or till Engineer-in-Charge on behalf of the
Em ployer represented by R IT E S Ltd for and on behalf of the Em ployer as an
Agent/Power of Attorney Holder certified that the terms and conditions of the
said Agreement have been folly and properly carried out by the said
Contractor and accordingly discharges this Guarantee.

5 W e --------------- (indicate the name of the Bank) further agree with the
Em ployer presented by R IT E S Ltd for and on behalf of the Em ployer as an
Agent/Power of Attorney Holder that the Employer shall have the fullest
liberty without our consent and ^ithout affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said
Agreem ent or to extend time of performance by the said
Contractor from time to time or to postpone for any time or from
time to time any of the powers exercisable by the Employer against the said
Contractor (s) and to forbear or enforce any of the terms and conditions
relating to the said Agreement and w e shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Contractor
or for any forbearance, act of omission on the part of the Em ployer or any
indulgence by the Em ployer to the said Contractor or by any such matter or
thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of
the Bank or the Contractor.

This Guarantee will neither be cancelled nor revoked by the bank without

Before Issue After Receipt

Insertions (!) Insertions (I).....
Corrections (CR)........... L
Cutting (CT)................... { ’
Omissions(OM)............. ITT**'
Corrections (CR)
Cutting (CT).....
Omissions (OM)....... -p
&
Over Writing (OW) Over Writing (OW).Z..
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

the written authorization o f the beneficiary (R IT E S Ltd.). Fo r this purpose

the beneficiary would inform the Bank of their authorized signatories together
with the specim en signatures.

8. This Guarantee shall be valid up t o ------------ unless extended on

demand by the Em ployer represented by R IT E S Ltd for and
on b6haif of the Em ployer as an Agent/Power of Attorney Holder. Not
withstanding anything mentioned above, our liability
against this guarantee is restricted to R s . . . ---------------
(R u p e es------------------------ O nly) and unless a claim in writing is
lodged with us within six months of the date of expiry or the extended date of
expiry of this G uarantee, all our liabilities under this Guarantee shall stand
discharged.

Dated the — — --------day o f --------------------------------- fo r-- ------ (indicate

the name of the Bank)".

N ote: To be put in sealed cover by Bank and addressed to the concerned officer
of R IT E S Ltd.

Before Issue After Receipt

Insertions (I)................... Insertions (I).................... )
Corrections (CR)........... /Ot«- Corrections (CR)............ f
Cutting (CT)............. Cutting (CT).................£■ /■
missions (OM)............... . Omissions (OM)..........p ■'
Writing (OW).........J ----- Over Writing (O W )./.-.

2727
\

2 6 JUN 2018
D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S '

PA R T - 3 <GCC)

ANNEXURE A-1
(Refer Clause 1A)
Form of Bank Guarantee for replacing
Security Deposit from cash to B.G

In consideration of the Em ployer having agreed under the term s and

conditions of contract made vide his Letter of Acceptance (LO A ) No--------
--------- dated --- between -------- ( the Em ployer ) represented by
R IT E S Ltd for and on behalf of the Em ployer as an Agent/Power of Attorney
Holder a n d -------------- (hereinafter called "the said Contractor) for the
w o rk ---------------- (herein after called the said Agreem ent") the
Em ployer having agreed to release a part o f Security D eposit against
production of a irrevocable Bank Guarantee by the said contractor for Rs. —
------ -------(Rupees ----------------- Only) as a
Security/Guarantee for com pliance of his obligations in accordance with the
terms and conditions in the said Agreement,
1. W e -------------- (indicate the nam e o f the Bank) (hereinafter referred
to as " the Bank” hereby undertake to pay to the R IT ES LTD acting for and
on behalf of the Em ployer as an Agent/Power of Attorney Holder, an
amount not exceeding R s .--------------------(R u p ees--------------
--------- only) on demand by R IT E S Ltd for and on behalf of the
Em ployer as an Agent/Power of Attorney Holder.

2. W e -----------(indicate the name of the Bank) do hereby undertake to pay

the amounts due and payable under this Guarantee without any demur,
merely on a demand from by R IT E S Ltd for and on behalf of the Em ployer
as an Agent/Power of Attorney Holder stating that the amount claim ed is
required to meet the recoveries due or likely to be due from the said
Contractor. Any such demand made on the Bank shall be conclusive as
regards the amount due and payable by the Bank under this Guarantee.
However, our liability under this Guarantee shall be restricted to an amount
not exceeding R s.----------- (R u p e es---------------------- only).

3. W e, the said Bank further under take to pay to the Employer represented by

Before Issue After Reci

Insertions ( I) ................. j Insertions ( I) ................. /
Corrections (CR)........... k ... Corrections (CR)...........
Cutting (CT)....................j Cutting (CT)...............Ax
Omissions (OM)............ Omissions {OM)....... X
Over Writing (O W )...._J Over Writing (OW). A.... A
 D E V E L O P M E N T of IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S ”

P A R T - 3 (G C C )

R IT E S Ltd for and on behalf of the Em ployer as an Agent/Power of

Attorney Holder any m oney so demanded not withstanding any dispute or
disputes raised by the Contractor in any suit or proceeding pending before
any court or Tribunal relating there to, our liabilities under this present
being absolute and unequivocal. The paym ent so made by us under
this Bond shad be a valid discharge of our liability for payment thereunder
and the Contractor shall have no claim against us for making such payment.

4. W e ----- (Indicate the nam e of the Bank) further agree that the Guarantee
herein
contained shall remain in full force and* effect during the period that would be
taken for the perform ance of the said Agreem ent and that it shall continue to
be enforceable till all dues of the Em ployer represented by R IT E S Ltd for
and on behalf of the Em ployer as an Agent/Power of Attorney Holder under
or by virtue of the said Agreement have been fully paid and its claims
satisfied or discharged or till Engineer-in-Charge on behalf of the Em ployer
represented by R IT E S Ltd for and on behalf of the Em ployer as an
Agent/Power of Attorney Holder certified that the terms and conditions of the
said Agreement have been fully and properly carried out by the said
Contractor and accordingly discharges this Guarantee.

5 W e --------------- (indicate the name of the Bank) further agree with the
Em ployer presented by R IT E S Ltd for and on behalf of the Em ployer as an
Agent/Power of Attorney Holder that the Em ployer shall have the fullest
liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said
Agreement or to extend time of performance by the said
Contractor from time to time or to postpone for any time or from
time to time any of the powers exercisable by the Em ployer against the said
Contractor (s) and to forbear or enforce any of the terms and conditions
relating to the said Agreem ent and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Contractor
or for any forbearance, act of omission on the part of the Em ployer or any
indulgence by the Em ployer to the said Contractor or by any such matter or
thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of
the Bank or the Contractor.

Before Issue After Htttii

Insertions (I)........... Insertions (I).................... / 1
Corrections (CR).... fOlL Corrections (CR)............ / /.'
Cutting (CT)........... Cutting (CT).................,
Omissions (OM).... cH i ' Omissions (OM).............
Writing (OW) Over Writing (OW ).../..
K
2729
JUN 2018 ’
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

7. This G uarantee will neither be cancelled nor revoked by the bank without
the written authorization of the beneficiary (R IT E S Ltd.). Fo r this purpose
the beneficiary would inform the Bank o f their authorized signatories together
with the specim en signatures.

8. This G uarantee shall be valid up t o ------------ unless extended on

demand by the Em ployer represented by R IT E S Ltd for and
on behalf of the Em ployer as an Agent/Power of Attorney Holder. Not
withstanding anything mentioned above, our liability against this
guarantee is restricted to R s... --- -----------
(R u p e e s ----------------— — O nly) and unless a daim in writing is
lodged with us within six months of the date of expiry or the extended date of
expiry of this Guarantee, all our liabilities under tfiis Guarantee shall stand
discharged.

Dated the ------------- day o f ------- ------ fo r------------(indicate

the name of the Bank)".

N o te: To be put in sealed cover by Bank and addressed to the concerned officer
of R IT E S Ltd.

Before Issue After Rernjpt

Insertions (I).
Corrections (CR)...
Cutting (CT)...........
Omissions (OM)....
Over Writing (OW).
D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T - 3 (G C C )

ANNEXURE A-2
(Refer Clause 5.1(b))
Form of Bank Guarantee for releasing
the withheld amount for non-achievement of milestones

In consideration of the Em ployer having agreed under the terms and

conditions of contract made vide his Letter of Acceptance (LO A ) No--------
--------- dated --- between -------- ( the Em ployer ) represented by
R IT E S Ltd for and on behalf of the Em ployer as an Agent/Power of Attorney
Holder a n d -------------- (hereinafter called "the said Contractor) for the
work ---------------- (herein after called the said Agreem ent") the
Em ployer having agreed to release the amount withheld from the contractor
for not achieving the m ilestone(s) specified in the said Agreem ent against
production of a irrevocable Bank Guarantee by the said contractor for Rs. —
--------------(Rupees ----------------- O nly) as a
Security/Guarantee for com pliance of his obligations in accordance with the
terms and conditions in the said Agreement,
1. W e --------------- (indicate the name of the Bank) (hereinafter referred
to as " the Bank" hereby undertake to pay to the R IT E S LTD acting for and
on behalf of the Em ployer as an Agent/Power of Attorney Holder, an
amount not exceeding R s .--------------------(R u p e e s--------------
--------- only) on demand by R IT E S Ltd for and on behalf of the
Employer as an Agent/Power of Attorney Holder.

2. W e ----------- (indicate the name of the Bank) do hereby undertake to pay

the amounts due and payable under this Guarantee without any demur,
merely on a demand from by R IT E S Ltd for and on behalf of the Employer
as an Agent/Power of Attorney Holder stating that the amount claimed is
required to meet the recoveries due or likely to be due from the said
Contractor. Any such demand made on the Bank shall be conclusive as
regards the amount due and payable by the Bank under this Guarantee.
However, our liability under this Guarantee shall be restricted to an amount
not exceeding R s.----------- (R u p ees---------------------- only).

3. W e, the said Bank further under take to pay to the Em ployer represented by
________ R IT E S Ltd. for and on behalf of the Em ployer as an Agent/Power of
Before Issue After Ri
Insertions (I).............. Insertions (I).............
Corrections (CR)....... Corrections (CR)............ .
Cutting (CT).............. Cutting (CT).............. .j? , '
Omissions (OM)............ 1 3 .8 Omissions (OM)......... T
Writing (OW).......- J V u Over Writing (OW
%
2731
2 6 JUN 2018
 D E V E L O P M E N T of IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

PA R T - 3 (G C C )

Attorney Holder any money so dem anded not withstanding any dispute or
disputes raised by the Contractor in any suit or proceeding pending before
any court or Tribunal relating there to, our liabilities under this present
being absolute and unequivocal. The payment so made by us under
this Bond shall be a valid discharge of our liability for payment thereunder
and the Contractor shall have no daim against us for making such payment.

4. W e ----- (Indicate the name of the Bank) further agree that the Guarantee
herein contained shall remain in full force and effect during the period that
would be taken for the performance of the said Agreement and that it shall
continue to be enforceable till all dues of the Em ployer represented by R IT E S
Ltd for and on behalf of the Em ployer a s an Agent/Power of Attorney Holder
under or by virtue of the said Agreem ent have been fully paid and its daim s
satisfied or discharged or till Engineer-in-Charge on behalf of the Em ployer
represented by R IT E S Ltd for and on behalf of the Em ployer as an
Agent/Power of Attorney Holder certified that the terms and conditions of the
said Agreement have been fully and properly carried out by the said
Contractor and accordingly discharges this Guarantee.

5 W e --------------- {indicate the nam e of the Bank) further agree with the
Em ployer presented by R IT E S Ltd for and on behalf of the Em ployer as an
Agent/Power of Attorney Holder that the Em ployer shall have the fullest
liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the term s and conditions of the said
Agreem ent or to extend time of performance by the said
Contractor from time to time or to postpone for any time or from
time to time any of the powers exerdsable by the Employer against the said
Contractor (s) and to forbear or enforce any of the terms and conditions
relating to the said Agreement and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Contractor
or for any forbearance, act of omission on the part of the Em ployer or any
indulgence by the Em ployer to the said Contractor or by any such matter or
thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.

6. This Guarantee wHI not be discharged due to the change in the constitution of
the Bank or the Contractor.

This Guarantee will neither be cancelled nor revoked by the bank without
Before Issue Afterr Reyiot
R eceipt
Insertions ( I ) ............
Corrections (CR)........... )
C^ng(CT)..............
Insertions (I).......
Corrections (CR)..
Cutting (CT)....... 7f
Omissions (OM)............. \ CT* ' Omissions (OM).........
Over Writing (OW)... Over Writing (O W )./...: ^

2732

2 6 JUN ffljf
I D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 <GCCI

the written authorization of the beneficiary (R IT E S Ltd.). Fo r this purpose

the beneficiary would inform the Bank of their authorized signatories together
with the specimen signatures.

8. This Guarantee shall be valid up to ----------- unless extended on demand

by the Em ployer represented by R IT E S Ltd for and on behalf of the
Em ployer as an Agent/Power of Attorney Holder. Not withstanding anything
mentioned above, our liability against this guarantee is restricted to
R s ...---- ---------- (Rupees ----- -------------------O nly) and
unless a daim in writing is lodged with us within six months of the date of
expiry or the extended date of expiry of this Guarantee, all our liabilities under
this Guarantee shall stand discharged.

Dated th e ------------- day o f -------------fo r------------ (indicate

the name of the Bank)".

N ote: To be put in sealed cover by Bank and addressed to the concerned officer
of R IT ES Ltd.

Before Issue After Receipt

Insertions (I)...................•> Insertions (I)..........
Corrections (CR)........... If1"-' Corrections (CR)..,,;
Cutting (CT)................... Cutting (CT)........:
Omissions (OM)............ 1^ 0 Omissions (OM)i...
Over Writing (O W ).....^ - Over Writing (0 ^ 0 £
• 2733
JUM 2018
 D E V E LO PM E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S ”

P ART -3 (G C C )

A N N EX U R E B-1

(R E F E R C LA U SE 10 A )

FIE LD LA BO R A T O R Y AND F IE L D T EST IN G

IN STRU M EN TS U S T O F EQ U IPM EN T S FO R F IE L D

T EST IN G LA BO RA TO R Y

Refer Part 1 Technical B id Page 85-87

Before la w After Receipt

Insertions (I)........... Insertions ( I) .......... ....... / [
Corrections (CR)... Corrections (CR)............ / I A
Cutting (CT>........... Cutting (CT)................y 1
Omissions (OM).... Omissions (OM)....... V..
Over Writing (OW) Over Writing (OW)^/.... ^

2734
6 JUN 21)If
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

ANNEXURE B-2
(REFER CLAUSE 10 A)
In alt contracts where issue of cement and steel by the Em ployer is not
stipulated, the following special conditions shall be applicable.

1. Special conditions for cement

(1) The contractor shall procure 43 grade (conforming to IS 8112) ordinary
Portland cem ent as required in the work, from reputed m anufacturers of
cem ent having a production capacity not less than one million tones or more
per annum such as ACC, Ultra Tech, J.P . Rewa, Vikram, Shri Cem ent, Birla
Ju te & Cement Corporation of India etc., as approved by the M inistry of
Industry, Government o f India, and holding license to use IS ! certification mark
for their product. The tenderers may also submit a list of names of cement
m inufechjrers which they propose to use in the work in case there is any
difficulty in getting supplies from any of the Brands specified in the Tender
Document. The Engineer-in-Charge reserves right to accept or reject nam e(s)
of cem ent m anufacturer(s) which the tenderer proposes to use in the work. No
change in the tendered rates will be accepted if the Engineer-in-Charge does
not accept the list of cem ent manufacturers, given by the tenderer, fully or
partially.

The supply of cement shall be taken in 50 kg. bags tearing manufacturer’s

name and IS I marking. Sam ples of cement arranged by the contractor shall be
taken by the Engineer-in-Charge and got tested in accordance with provisions
of relevant B IS codes. In case the test results indicate that the cement
arranged by the contractor does not conform to the relevant B IS codes, the
sam e shall stand rejected, and it shall be removed from the site by the
contractor at his own cost within a week’s time of written order from the
Engineer-in-Charge to do so.

The cement shall be brought at site in bulk supply of approximately 50 tonnes

or as decided by the Engineer-in-charge.;

Unless otherwise directed by the Engineer-in-Charge, the cement godown of

the capacity to store a minimum of 2000 bags of cement shall be constmcted
by the contractor at site of work for which no extra payment shcUibe made! ’

Double look provision shall be made to the cement godown. The keys of one
lock shall remain with the Engineer-in-Charge or his authorized representative
and the keys of the other lock shall remain with the contractor. The contractor

Before Issue
Insertions (1).
Corrections (CR)....
Cutting (CT)...........
Omissions (OM)....
Over Writing (OW),
 D E V E L O P M K N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S ’"

PA RT - M C C C )

shall be responsible for the watch and ward and safety of the cem ent godown
The contractor shall facilitate the inspection of the cem ent godown by the
Engineernn-Charge.

The cem ent shall be got tested by the Engineer-in-Charge and shall be used
on the work only after satisfactory test results have been received. The
contractor shall supply free of charge the cem ent requited for testing including
its transportation cost to testing laboratories. The cost of tests shall be borne
by the contractor/Employer in the manner indicated below: for Non Mandatory
Tests. In case of Mandatory Tests the cost will be borne only by ttie
Contractor.

By the contractor, if the results show that the cement does not conform to
relevant B IS codes.

By the Employer, if the results show that the cem ent conforms to relevant B IS
codes.

The actual issue and consumption of cem ent on work shall be regulated and
proper accounts maintained as provided in clause 10 of the contract The
theoretical consumption of cement shall be worked out as per procedure
prescribed in dause 42 of the contract and shall be governed by conditions laid
therein. In case the cem ent consumption is less than theoretical consumption
induding permissible variation, recovery at the rate so prescribed shall be
made. In case of excess consumption no adjustment need to be made.

The cement brought to the site and the cement remaining unused after
completion of the work shall not be removed from site without the written
permission of the Engineer-in-Charge.

The damaged cem ent shall be removed from the site im m ediately by the
contractor on receipt of a notice in writing from the Engineer-in-Charge. If he
does not do so within 3 days of receipt of such notice, the Engineer-in-Charge
shall get it removed at the cost of the contractor.

Sim ilar conditions for cement of other types like slag cement etc., will apply.

Special Conditions for Steel

(1) The Contrador shall procure TMT bars of Fe415 /Fe500 /Fe550 grade (the
grade to be procured is to be spedfied) from primary producers such as SA IL
or TISC O or RIN L as approved by Ministry of Steel. In case of non-avaHability
of steel from primary producers as stipulated in the Tender Document, the
Before Issue After Rrfein
Insertions (I).......... Insertions (I)...........
Corrections (CR)... Corrections (CR)............ ^
Cutting (CT).......... Cutting (CT)....... >-N
Omissions (OM}.... Omissions (OM).
Over Writing(OW) Over Writing (OW)., ^ ^

2736
6 JUN ?018
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S ”

P A R T - 3 (G C C )

Engineer-in-Charge m ay perm it use of TMT reinforcem ent bars procured from

secondary producers. In such cases following conditions will apply.

The grade of the steel such as Fe415 / Fe500 / Fe550 or other grade to be
procured shaH be as per B IS 1786 - 2008.

The secondary producers must have valid B IS licence to produce H SD bars

conforming to IS 1786: 2008. In addition to B IS licence, the secondary
producer must have valid licence from either of the firms Tempcore, Thermex,
Evcon Turbo & Turbo Quench to produce TM T Bars.

(c) The TM T bars procured from primary producers shall conform to manufacturer’s
specifications.

(d) The TMT bars procured from secondary producers shall conform to the
specifications as laid by Tem pcore, Thermex, Evcon Turbo & Turbo Quench as
the case may be.

(e) For TM T bars procured either from primary producers or secondary producers,
the specifications shall m eet the provisions of IS : 1786 : 2008 pertaining to Fe
415D or Fe 500D or Fe 550D grade of steel as specified in the tender.

(2) The contractor shall have to obtain and furnish test certificates to the Engineer-
in-Charge in respect of all supplies of steel brought by him to the site of work.

(3) Sam ples shall also be taken and got tested by the Engineer-in-Charge as per
the provisions in this regard in relevant B IS codes. In case the test results
indicate that the steel arranged by the contractor does not conform to the
specifications as defined under para ( 1 ) (d) & ( 1 ) (e ) above, the same shall
stand rejected, and it shall be removed from the site of work by the contractor
at his cost within a week time or written orders from the Engineer-in-Charge to
do so.

(4) The steel reinforcement bars shall be brought to the site in bulk supply of 10
tonnes or more, or as decided by the Engineer-in-Charge.

(5) The steel reinforcement bars shall be stored by the contractor at site of work in
such a w ay as to prevent distortion and corrosion, and nothing extra shall be
paid on this account. Bars of different sizes and lengths shall be stored
separately to facilitate easy counting and checking.

<6) For checking nominal m ass, tensile strength, bend test re-bend test etc.
specim ens of sufficient length shall be cut from each size of the bar at random,
Before Issue
Insertions (I)........................) Insertions (I)
Corrections (CR)............ Corrections (CR)......
Cutting (CT).................... . Cutting (CT)..........,•
Omissions (OM)............. Omissions (OM)..,/.
Writing (OW).........J Over Writing (Ovfty;

2737
J U N 20 18
1

D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

and at frequency not Jess than that specified b elow :

Size of bar Fo r consignment below Fo r consignment above

1 IrvHor 1 flmm Hia hare fin e samnlo for O n* camnlp fnr

m mm tn 1 fi mm rlia samnle fnr Drip camnlo fnr

O ver 16 mm dia bars O ne sam ple for One sample for

each45 tonnes of each 50 tonnes ot

(7) The contractor shall supply free of charge the steel required for testing
including its transportation to testing laboratories. The cost of tests shall be
borne by the Contractor/Employer In the manner indicated below for Non
Mandatory Tests. In case of Mandatory Tests the cost will be borne only by the
Contractor.

By the contractor, if the results show that the steel does not conform to
relevant B IS codes.

By the Employer, if the results show that the steel conforms to relevant B IS
codes.

The actual issue and consumption of steel on work shall be regulated and
proper accounts maintained as provided in clause 10 of he contract. The
theoretical consumption of steel shall be worked out as per procedure
prescribed in clause 42 of the contract and shall be governed by conditions laid
therein. In case the consumption is less than theoretical consumption
including permissible variations recovery at the rate so prescribed shall be
made. In case of excess consumption no adjustment need to be made.

The steel brought to site and the steel remaining unused shall not be removed
from site without the written permission of the Engineer-in-Charge.

In case the contractor is permitted to use TM T reinforcement bars procured

from secondary producers then:

Before Issue After Receipt

Insertions (I)................ Insertions (I).................... /
Corrections (CR) ....... Corrections (CR)...........
Cutting (CT)................... L x & y ' Cutting (CT).............^
Omissions(OM).............v-'v Omissions (OM)......
Over Writing(OW)....:^J V j Over Writing (OW)
A
h
*
2738
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D E V E L O P M E N T o f IN F R A S T R U C T U R E * A G A L E G A Island. M A U R IT IU S "

P A R T - 3 (G C C )

In case the BO Q item is for supply of TM T bars, the Contractor wifi be paid at
the Tender late less the difference in market rates between supply by main
Produoers and that by Secondary Producers as ascertained by the Engineer-in-
Charge, whose decision will be final and binding on the Contractor.

In case the BO Q fem is for supply and laying TM T reinforcement, reduction is

rates per tonne will be as indicated in (i) above enhanced by 15% being the
elem ent of Contractor’s Profit and Overheads.
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S ”

PA R T - 3 {G C C )

ANNEXURE (C ’
(REFER CLAUSE 10 B ii)

PROFORMA FOR BANK GUARANTEE FOR MOBILIZATION ADVANCE

(On Non-Judicial Stamp Paper of Appropriate Value)

To,

R IT ES LTD.

1. In consideration of, R IT E S Ltd. Acting for and on behalf of as Agent/Power of

Attorney Holder of __________ (hereinafter called “The Em ployer’) (which
expression shall unless repugnant to the subject or context include its successors
and assigns) having agreed under the terms and conditions of the Contract
Agreement No. d ated ___________ with* __________ inconnection with
the work of _________________________ (hereinafter called "the said Contract")
to make at the request of the Contractor1 a lumpsum advance of Rs.
________/- (Rupees_______________only) for utilizing it for the purpose of the
Contract on his furnishing a Guarantee acceptable to the Em ployer, we,
_________ Bank incorporated under___________ and having one of our branches at
_____________ (hereinafter referred to as "the said Bank”) do hereby guarantee
the due recovery by the Em ployer of this said advance with interest thereon as
provided according to the term s and conditions of the Contract. If the said
Contractor fails to utilize the said advance for the purpose of the Contract and / or
the said advance together with interest thereon as aforesaid is not fully
recovered by the Em ployer, w e ,__________ Bank hereby unconditionally and
irrevocably undertake to pay to R IT E S Ltd. on demand and without demur to
the extent of the said sum o f R s .___________________ /- (Rupees _____________
_onty), any daim made by the Em ployer on us for the loss or damage caused to
or suffered by the Em ployer by reason of the Employer not being able to
recover in full the said sum of Rs. ____ /- (R u p e e s ________only) with interest
as aforesaid.

Before Issue Alter Repaint

Insertions (I)............... Insertions (I)........... ........ / j \ /
Corrections (CR)........ Corrections (CR)............| f
Cutting (CT)............... Cutting (CT)................t^.
Omissions (OM).... . Omissions (OM)......
Over Writing(OW)-.... CST R t/sSs. Over Writing (OW)/ .....% /

t w J l f - - 2740 __
r■
1

6 JUN 2016
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C )

2. W e ,____________ Bank further agree that the Em ployer shall be the sole judge of
and as to whether the said Contractor has not utilized the said advance or any
part thereof for the purpose of the Contract and the extent of loss or damage
caused to or suffered by the Em ployer on account of the said advance together
with interest not being recovered in full and the dedsion of the Em ployer that the
said Contractor has not utilized the said advance or any part thereof for the
purpose, of the Contract and as to the amount or amounts of loss or damage
caused to or suffered by the Em ployer shall be final and binding on us

3. W e, the said Bank, further agree that the Guarantee herein contained shall
remain in force and effect during the period that would be taken for the
performance of the said Contract and till the said advance with interest has
been fully recovered and its claim s satisfied or discharged and till the Employer
certifies that the said advance with interest has been fully recovered from the
said Contractor, and accordingly shall have no claim under this Guarantee
after 30 (thirty) days from the date of satisfactory completion of the said
Contract (as per the mutually agreed W ork Schedule) i.e. upto and inclusive of
___________________________________________ (date) unless a notice of the claim
under this Guarantee has been served on the Bank before the expiry of the
said period i.e .____________________________ (date) in which case the same
shall be enforceable against the Bank notwithstanding the fact, that the same is
enforced after the expiry of the said period.

4. The Employer shall have the fullest liberty without affecting in any way the
liability of the Bank under this Guarantee or Indemnity, from time to time, to
vary any of the terms and conditions of the said Contract or the advance or to
extend time of performance by the said Contractor or to postpone for any
time and from time to time any of the powers exerciseable by it against the
said Contractor and either to enforce or forbear from enforcing any of the
terms and conditions governing the said Contract or the advance available to
the Employer and the said Bank shall not be released from its liability under
these presents by any exercise by the Em ployer of the liberty with reference to
the matters aforesaid or by reasons of time being given to the said
Contractor or any other forbearance, act or omission on the part of the
Em ployer or any indulgence by the Em ployer to the said Contractor on any
other matter or thing whatsoever which under the law relating to sureties would,
but for this provision, have the effect of so releasing the Bank from its such
liability.

5. It shall not be necessary for the Em ployer to proceed against the Contractor
before proceeding against the Bank and the Guarantee herein contained shall
Before Issue
Insertions (I) Insertions (I)..
Corrections (CR). Corrections (CR).
Cutting (CT) Cutting (CT)................■£.—
Omissions (OM) Omissions (OM)......
^§vI5Sfcjting (OW) Over Writing (OW )-./-- 6^
Cy

2741 \

6 JUN 2018
 D E V E L O P M E N T o fIN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S "

P A RT - 3 (G C C I

be enforceable against the Bank notwithstanding any security, which the

Employer may have obtained or obtain from the Contractor shall at the tim e
when proceedings are taken against the Bank hereunder, be outstanding or
unrealized.
6. W e, the said Bank, lastly undertake not to revoke this Guarantee during its
currency except with the previous consent of the Em ployer in writing and agree
that any change in the Constitution of the said Contractor or the said Bank
shall not discharge our liability hereunder.
If any further extension o f this Guarantee is required the sam e shall be
extended to such required periods on receiving instructions from th e
C on tractor M/s_________ . on whose behalf this Guarantee is issued.
Notwithstanding anything contained herein before our liability under this
Guarantee is restricted to Rs.____ (R u p e e s____ only) together with interest
______ .Our undertaking shall commence from the date of execution and shall
remain in force upto______ Dated th is__ day o f______ In presence of

For and on behalf of (the B ank) W IT N ESS Signature

1. Name

2. Designation Authorization No.

Seal of the Bank

The above Guarantee is accepted by the Em ployer For R IT E S Ltd.

NO TES ON PARA 1

‘ For Proprietary Concerns

For and on behalf of _(the Em ployer)

as Agent/Power of Attorney Holder

Shri ______________________ son of resident of carrying on

Before Issue After Recieipt
Insertions ( I) . .......... Insertions (I)...................
Corrections (CR)........... L — Corrections (CR)...........
Cutting (CT)................... 7 Cuttmg(CT)__ P
Omissions (OM) .........
Over Writing (OW)..
Omissions (OM)
Over Writing (OW), ;izV
i
2742

126 JUN M li
 SMS
D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S '

P A R T - 3<GCC)

business under the name and style o f___ a t___ __________ (hereinafter called "the
said Contractor” which expression shall unless the context requires otherwise include
his heirs, executors, administrators and legal representatives).

T o r Partnership Conoems

*M/s.______________ a partnership firm with its office______ (hereinafter called

'th e said Contractor” which expression shall unless the context requires
otherwise

include their heirs, executors, administrators and legal repf€sentatives); the

names of their partners being.

(i) S h ri_______________________ S/o____________________________

(ii) S h ri_______________________ S/o____________________________etc.

‘ For Companies

* M /s.___________________ a company under the Companies Act, 1956 and having

its registered office a t_________ in the State o f_____________(hereinafter called “the
said Contractor” which expression shall unless the context requires otherwise
include its administrators, successors and assigns).

Before Issnt After Receipt

ecemt
Insertions (I)...................... Insertions (I).....
Corrections (CR)........... Corrections (CR), sy
Cutting (CT).................... iso Cutting (CT)........ .,
Omissions (OM)............ Omissions (OM)<..
^ :r Writing (OW)........ Over Writing (OW-)

2743
I2 6 JUN 2018
 j~4gy
- T Z T "

D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S ”

P A R T - 3 (G C C )

ANNEXURE ‘O’
(REFER CLAUSE 10 B iii)

PROFORMA FOR HYPOTHECATION DEED FOR PLANT & MACHINERY ADVANCE

(On Non-Judicial Stamp Paper of Appropriate values in the name of the

Contractor)

This indenture made the day o f. BET W EEN *

of the one part and R IT E S LIM ITED acting for and on behalf of as
Agent/Power of Attorney Holder o f_____________ (hereinafter called “the Em ployer”
which expression shall unless the context requires otherwise include his successors
and assigns) of the other part

W H ER EA S under Provision in Clause 10B (iii) of the Clauses of Contract of

Agreem ent No._____dated(hereinafter called the "Contract") between the Em ployer
and the Contractor, the Contractor has applied to the Employer for an advance of
R s ._ ........(R u p e e s______ only) for Plant & Machinery described in the schedule
hereto specifically acquired by the Contractor for the Works and brought to the site.

AND W H ER EA S one of the conditions on which the said Advance of Rs._.... is to be

granted by the Em ployer to the Contractor is that the Contractor shall hypothecate the
plant and machinery described in the Schedule hereto in favour of the Em ployer
as security for the due repayment of the said advance along with interest as due.
AND W H ER EA S the Contractor has represented that he is the Owner of the Plant
and

M achinery described in the Schedule hereto and the same is free from
encumbrances.

N O W T H IS IN D EN TU RE W ITN ESSETH THAT in pursuance of the said Contract and

in consideration of the promises the Contractor doth hereby hypothecate, assign and
transfer to the Em ployer the Plant and Machinery described in the Schedule hereto
with the intent that the same shall remain and form security for repayment to the
Em ployer of the said advance of Rs. together with the interest thereon at 10% per
annum.

Before Issue After Re

Insertions (I)........... Insertions ( I) ..........
Corrections <CR).... Corrections <CR).....
Cutting (CT)........... Cutting (CT).................J*'
Omissions <OM)..... Omissions (OM)....... .£ ~ ,■
Over Writing (OW). Over Writing<OW)Z.... X /
D EV ELO PM EN T Of IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "
P A R T - 3 (G C C )

1. The Contractor hereby agrees, declares and convenants with the Em ployer as
foHows:-

a) The Contractor shall repay to the Em ployer the said

Advance of R s._______ (Rupees _only)
together with Interest thereon as aforesaid by and agrees that the said
Advance be recovered by the Em ployer by making deductions in the
manner provided in Clause 10B(iv) of the Clauses of Contract.

b) The Contractor has paid in full the purchase price of the Plant and
M achinery described in the Schedule hereto and each and every one of
them is the absolute property of the Contractor and that the sam e have
not been sold, pledged, mortgaged or transferred or in any way dealt with
by the Contractor.
c) So long as any amount remains payable to the Em ployer by the
Contractor in respect of the said Advance of Rs.______ and interest
thereon the Contractor shall not sell, pledge, hypothecate, transfer part
with or in any way deal with the Plant and Machinery described in the
Schedule hereto.
d) If the said advanoe of Rs._along with the interest as due shall not be
repaid by the Contractor or recovered in the manner described above by
the Em ployer b y__________ (due date) due to any reason whatsoever or
the said Contract has been determined earlier or cancelled or if the
Contractor shall sell, pledge, mortgage, transfer, par with or in any way
deal with the said plant and machinery or any part thereof or the
Contractor or any of the partners is adjudged insolvent or the
Contractor firm is to be wound up or the Contractor
makes any composition or arrangement with its creditors or the
Contractor shall commit breach of any of the terms and conditions or
covenants as herein contained or if any of the said plant and machinery or
any other property whatsoever belonging to the Contractor has been sold
or attached for a period of not less than 21 days in execution of the
decree of any court tor payment of money, the whole of the said advance of
Rs. _______ _ or such part thereof as may have rem ained unpaid or
unrecovered together with interest thereon shall forthwith become due and
payable.
e) The Em ployer may on the happening of any of the events
mentioned in the proceeding clause (d) or in the event of the said
advance and interest thereon or any part thereof becoming due and
payable and has not been paid or recovered or cannot be recovered as
Before Issue After Receipt
Insertions (I).. Insertions (I),
Corrections (CR)........... *i Corrections (CR)
Cutting (CT)..................... v rtv - 1 ^ 2-
Cutting (CT)
Omissions (OM)............. f ' Omissions (OM)..
: Writing (OW). Over Writing (O’
 D E V E L O P M E N T o f IN F R A S T R U C T U R E <HA G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

provided in the said conditions, seize and take possession of the said
plant and machinery (and either remain in possession thereof without
removing the same or else may remove the sam e) and sell the said
plant and machinery or any of them either by public auction or private
Contract and may out of the sale proceeds retain the balance o f the said
advance and interest thereon remaining unpaid and unrecoveredand all
costs, charges and expenses and payments incurred or made in
maintaining, defending or protecting the rights of the Em ployer hereunder
and shall pay over the surplus, if any, to the Contractor.
f) The Contractor shall a t all times during the continuance of this security as
stipulated in Para 2 below, the 'Contractor shall at his cost insure and
keep insured the plant and machinery described in the Schedule hereto for
the full value thereof in the joint names o f the Contractor and the
Em ployer with an insurance company to be approved by the
Engineer-in-Charge against the risk of loss or damage from whatever
cause arising other than the Excepted Risks. During the Continuance of
the security the Contractor shall pay all premia and sums of money
necessary for keeping such insurance alive and the insurance policy and
receipts in original for premia paid shall be deposited with the Engineer-
in-Charge. The Contractor shall assign all his rights, title and interest in the
policy to the Employer.

g) The Contractor shall not permit or suffer the said plant and m achinery or
any par thereof to be destroyed or damaged or used or to be used or to
deteriorate in a greater degree than it would deteriorate by reasonable
wear and tear thereof in the performance of the Contract.
h) In the event of any damage or loss happening to the said plant and
machinery or any part thereof from whatever cause other than the
Excepted risks the Contractor shall forthwith have the same repaired or
replaced as the case may be or arrange for payment of the entire amount
recovered or to be recovered from the insurance company to the
Em ployer towards the payment of the said advance of Rs._________
along with interest as due.

2. Upon repayment or recovery in full of the amount secured on account

of this hypothecation deed the said plant and m achinery secured hereunder
shall stand released from hypothecation but this is without prejudice to the
right of the Employer under any other conditions of the Contract.

Before Issue After Receipt

Insertions <I) Insertions (I)................... / f \
Conations (CR), Corrections (CR)........... ' \ \
Cutting (CT). Cutting (CT)...............J y l0__
Omissions (OM).... dS’V Omissions (OM).......
Over Writing (OW) Over Writing (O W )/... X ?

2746 I
(2 6 JUN 2018
 D E V E L O P M E N T o r IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

SCHEDULE ABOVE REFERRED TO

[Link]. Particulars New or Nos. Purchase % of Col. 5

Advance Second price/ sanctioned
of Plant & hand
Machinery considered in
reasonable
by
Engineer-
in-Charge
5

IN W IT N ESS W H ER EO F the parties hereto have executed these presents on the

day and year first above written.

Signed and delivered jSigned by Shri . By the within named

(Contractor) (Nam e & Designation)____ of R IT E S LIM ITED

In the presence of For and on behalf of the

Em ployer
as Agent/Power of Attorney
Holder

1 . jn the presence of

2. 1.

N O T ES ON PARA 1

‘ For Proprietary Concerns

Shri _______________ son of ______resident of__________

Before Issue After Receipt

Insertions ( I) ................. » Insertions (I)..............
Corrections (CR)........... | jjl1-' Corrections (CR).......
Cutting (CT)................... Cutting (CT).........
Omissions (OM)............ ^ Omissions(OM)..-..^f± , v^v
Writing (OW)..... J Over Writing (0|V}.{/.. ‘"
 D E V E L O P M E N T of IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T - 3 (G C C )

____________________________ carrying on business under the name and

style of

__________a t_______________(hereinafter called "the said Contractor" which

expression shall unless the context requires otherwise include his heirs,
executors, administrators and legal representatives).

‘ For Partnership Concerns

M/s.__________________ a partnership firm with its office at (hereinafter called

"the said Contractor" which expression shall unless the context requires
otherwise include their heirs, executors, administrators and legal
representatives); the names of their partners being

i) Sh ri________________________ S/o____________________________

ii) S h ri_________________________________S/o etc.

*For Com panies

(*M/s. ________________ a company under the Companies Act, 1956 and
having its registered office at in the State o f hereinafter called the said
Contractor1 which expression shall unless the context requires otherwise
include its administrators, successors and assigns).

Before l«n f After Receipt

Insertions ( I) ..................• Insertions ( I) ................. / rv
Corrections <CR)........... 1N I»- (5 T Corrections (CR)........... j \K
Cutting (CT).................... [ Cutting (CT).............a YT
Omissions (OM)............. Omissions (OM)... . J .... (
Over WritingfOW)....... 1 ^ R^ c 5 ^ ver Writing (OW-J

S( )S|. 2748
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 D E V E L O P M E N T of IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C )

A N N EX U R E-E1
(REFER CLAUE 17)

GUARANTEE BONO IN RESPECT O F WATER PROOFING WOKRS

(On Non Judicial Stamp Paper of Rs. 10)
The Agreement made th is ____________ day o f _________ Two thousand a n d ________
between ________ (hereinafter called the Guarantor of the one part) and ~
(herein after called the ,‘Em ployer,,) on the other p a rt

W H E R EA S T H IS agreem ent is supplem entary to a Contract (hereinafter called

the Contract) dated____and m ade between the Guarantor of the one part and the
Em ployer acting through R IT E S Ltd. as Agent/Power of Attorney Holder of the other
part, whereby the Contractor, inter alia, undertook to render the buildings and
structures in the said Contract cited completely w ater and leak-proof.
And whereas Guarantor agreed to give a guarantee to the effect that the said
structures will remain water and leak-proof for five years from the date of giving of
water proofing treatment.
Now the Guarantor hereby guarantees that water proofing treatment given by him will
render the structures com pletely leak proof and the minimum life of such water
proofing treatment shall be five yeais- to be reckoned from the date after the
m aintenance period prescribed in the Contract.

Provided that the Guarantor will not be responsible for leakage caused by earthquake
or structural defects or m isuse of roof or alteration and for such purpose.
a) m isuse of roof shall mean any operation which will damage water-proofing
treatment, like chopping of firewood and things of the same nature which might
cause damage to the roof.
b) Alteration shall mean construction of an additional storey or a part of the roof or
construction adjoining to existing roof whereby water-proofing treatment is removed
in parts.
c) The decision of the Em ployer with regard to cause of leakage shall be final.

During this period of Guarantee, the Guarantor shall make good all defects and in
case of any defect being found, render the building water proof to the satisfaction of
the Em ployer at his cost and shall commence the work for such rectification within
seven days from the date of issue of the notice from the Employer calling upon him to

Before Issue After Receipt

Insertions (I)...................... i Insertions (I).................... y -f
Corrections (CR)........... L Corrections (CR)............../ r
Cutting (CT)................... Cutting (CT)...........
missions (OM )... ......... Omissions (OM)......... .Tk~ Ip
^riting(O W )...... Over Writing (OWJ./.yt.;/^’ /
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S ”

P A R T - 3 (G C C )

rectify the defects failing which the work shall be got done by the Em ployer by
some other Contractor at the Guarantor's cost and risk. The dedsion of the
Em ployer as to the cost payable by the Guarantor shall be final and binding.

That if Guarantor fails to execute the water proofing or commits breach there under
then the Guarantor will indemnify the Em ployer and his successors against all loss,
damage, cost expense or otherwise which may be incurred by him by reason of any
default on the part of the Guarantor in performance and observance of this
supplementary agreem ent As to the amount of loss and/or dam age and/or cost
incurred by the Em ployer the dedsion of the Em ployer will be final and binding on the
parties.

In V\Atness whereof these present have been executed by the G uarantor___________

and b y__________ (Name & Designation of Officer of R IT E S L td .) acting for and on
behalf of the Em ployer as Agent/Power of Attorney Holder on the day, month and year
first above written.
SIG N ED , SEA LED and delivered by GUARANTO R in the presence of

1.

2.
SIG N ED for and on behalf of TH E EM PLO Y ER as Agent/Power of Attorney Holder
b y___________________________________________________ in the presence of:-

) 1.

2.

Copy to Employer

Before Issue After Receipt

Insertions (I)............ Insertions (I).................... /*.
Corrections (CR).,....... Corrections (CR)............ x y
Cutting(CT)................. Cutting <CT)....................._J>V V
Omissions (OM)........... Omissions (OM)................. .J. „
Over Writing (OW).. Over Writing (O W ),/...

2750
6 JUN 2018
D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C )

ANNEXURE ‘E-2’
(REFER CLAUSE 17)

GUARANTEE BONO FOR ANTI TERMITE TREATMENT WORKS

(On Non Judicial Stamp Paper of Rs. 10)

The Agreement made this day of Two Thousand between M/s.

(herinafter called the Guarantor of the one part) and the

(hereinafter

called the Em ployer of the other part).

W hereas this agreement is supplementary to the Contract (hereinafter called the

Contract)

d ated ___________made between the Guarantor of the one part and the Employer
acting through R IT E S Ltd. as Agent/Power of Attorney Holder of the other part,
whereby the Contractor, interalia, undertook to render the Buildings and structures in
the said Contract cited completely Termite proof.

And whereas the Guarantor agreed to give a Guarantee to the effect that the
said structures will remain Termite-proof for ten years to be reckoned from the
date after the maintenance period prescribed in the Contract expires.
During this period of guarantee the Guarantor shall make good all defects and for
that matter, shall replace at his risk and cost, such wooden members as may be
damaged by termites and in case of any other defect being found he shall render
the building termite proof at his cost to the satisfaction of the Engineer-in-Charge
and shall commence the works of such rectification within seven days from the
date of issuing notice from the Em ployer calling upon him to rectify the defects
failing which the work shall be got done by the Employer by some other Agency at
the Guarantor's cost and risk and in the latter case the decision of the Employer as
to the cost recoverable from the Guarantor shall be final and binding.

That if the Guarantor fails to execute the Anti Termite Treatment or commits
breaches thereunder, then the Guarantor will indemnify the Em ployer and his
Before Issue After
Insertions ( I) Insertions ( I) ...........
Corrections (CR). Corrections (C R )............ ,jy _
Cutting (CT). Cutting (C T ).......... ‘
Omissions (O M ) \SZ Omissions (O M )... 0■ >;\
Over Writing (O W ). Over W ritin g (O J).,/.... ^ ' ^

2751 v ^
 D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

PART-3< G CC)

successors against all loss, damage, cost expense or otherwise which may be
incurred by him by reason of any default on tfie part of the Guarantor in
performance and observance of this supplementary agreement As to the amount
of loss and / or dam age and / o r cost incurred by the Em ployer, the dedsion of
the Em ployer wrtf be final and binding on the parties.

In witness whereof these present have been executed by the Guarantor______ and
b y___(Nam e & Designation of O fficer of R IT E S Ltd), for and on behalf of the
Em ployer as Agent/Power of Attorney Holder on the day, month arkTyear first above
written..

SIG N ED , SEA LED and delivered by the GUARANTOR in the presence of

1.
2.

SIG N ED for and on behalf of the Employer as Agent/Power

of Attorney b y------- (R IT E S LTD.) in the presence of -

1.

Copy to Employer

Before Issue After Hi

Insertions (I)................ Insertions (I).................... /
Corrections (CR).......... Corrections (CR)........... /
Cutting(CT)................. Cutting (CT).................
Omissions (OM)........... Omissions (OM)..........
Over Writing (OW)...... Over Writing(OW).y/... 0 / ■\
D E V E L O P M E N T o flN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

ANNEXURE ‘F
(REFER CLAUSE 25 (3))

FORM OF CONTRACTOR’S NOTICE FOR APPOINTMENT O F ARBITRATOR

To

(Appointing Authority)

R IT E S .

Gurgaon

Dear Sir,

In terms of dause 25 of the agreem ent, particulars of which are given below, 1/
W e hereby give notice to you to appoint an arbitrator for settlement of disputes
mentioned below:

1. Name of applicant

2. W hether applicant is Individual / Prop. Firm / Partnership Firm / Ltd. co.

3. Full address of the applicant

4. Name of the work and Contract number in which arbitration sought

5. Name of the R IT ES Office which entered into Contract

6 . Contracted amount of the work

7. Date of Contract

8 . Date of start of work

9. Stipulated date of completion of work

10. Actual date of completion of work (if completed)

11. Total number of daim s made

12. Total amount daimed

13. Date of intirriation of Final Bill being ready (if work is completed)

Before Issue cr Ri
After Kecetflt /
Insertions (I)............. Insertions (I).....
Corrections (CR)__ Corrections (CR)
Cutting (CT)............. Cutting (CT)..............
Omissions (OM)...... Omissions
is m ia a iu io (OM) .........
if T f T '/ 0
ver Writing (OW). Over Writing ( O W ) ^ . \ '

2753 '
2 6 JUN 2018
 D E V E L O P M E N T of IN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

14. D ale of payment of Final B ill (if work is completed)

15. Amount of Final Bill <if work is com pleted)

16. Date of request made to Engineer- in-Charge’s for decision

17. Date of receipt of Engineer-in-Charge’s decision

18. Date of appeal to Appelate Authority.

19. Date of receipt of Appelate Authority”s decision

Spedm en signature of the applicant

(only the person/authority who. „
signed the Contract should sign)

I/W e certify that the information given above is true to the best of my/our
knowledge. I/We enclose following documents.

1. Statem ent of claim s with amount daim ed against each daim .

2.

3.

4.

Yours faithfully.

(Signature)

Copy in duplicate to

1 . Engineer-in-Charge, R IT E S

Before Issue
Insertions ( I ) ...... Insertions ( I ) .....
Corrections (CR). rJlU Corrections (CR).
Cutting (CT)............
Omissions (OM ).... Omissions (OM)......
Over Writing (OW). Over Writing (OW).

6 JUN 20If
 5"

D E V E L O P M E N T o f IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

P A R T - 3 (G C C )

ANNEXURE ‘G’
(REFER CLAUSE 37A)

INDEMNITY BONO

(ON NON - JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

NAME O F TH E WORK:

Know all men by these presents that I/W e_____________ (Name of the Contractor with
address) do hereby execute Indemnity Bond in favour of R IT E S having their office at
______________________ acting for and on behalf o f______________________ (Em ployer) as
Agent/Power of Attorney Holder.

On th is______________ day of

W hereas M/s. R IT E S have been appointed as the Consultant for the Project
Management for and on behalf o f___ _________________________ (the Em ployer) for the
work of _______________________ under Contract N o ._______________ - dated

This Deed witnesseth as follows

Before Issue After

Insertions (I)....... Insertions (I).............. .
Corrections (CR) Corrections (CR)........... ^
Cutting (CT)....... Cutting (CT)................&
Omissions (OM). Omissions (OM).......
'riting(OW).... Over Writing (O W ).^ ,...^ /
vV

2755 .
'2 6 JU M 2018
 D E V E L O P M E N T o flN F R A S T R U C T U R E al A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

I/W e ___________ _________ (Nam e of the Contractor) hereby do indemnity and save
harm less R IT E S having its office a t____________________ from any claim s by the State
Governm ent Department responsible for collection of-royalty for minor m inerals like red
bajri, stone, kankar etc., on non-payment of royalty as due for the minor minerals used
in the execution of the contract, in terms of provisions of the relevant State Act and
Rules made thereon.

IN W IT N E S S W H ER EO F TH E -

/
H AS S E T H IS/H ER HANDS ON T H IS DAY O F

SIG N ED AND D ELIV ER ED BY T H E A FO R ESA ID

IN TH E P R E S E N C E O F W IT N E S S E S

1)

2)

Before Issue Alter Recell

Insertions ( I ) ................. J Insertions ( I ) .................
Corrections (C R ).......... *1 Corrections (C R ).......... '
Cutting (C T )................. | M U J Cutting (C T )..............' '
Omissions (OM)............. \ V ; ^ Omissions (O M )........ . »
O ver W riting (O W ). Over W riting (O W ).^ .

2756
6 JUN 2018
 P A R T - 3 (G C C )

ANNEXURE ‘H’
(REFER CLAUSE 47.9)

MDEMMTYBOND

(On Non-Judicial Stamp Paper of appropriate value)

Name of the work___________

KN O W all men by these presents that I/We _________________ (Nam e of

Contractor with address)do hereby execute Indemnity Bond in favour of R IT E S
having their office at __________________ acting for and on behalf of
______________ (the Em ployer) as Agent/Power of Attorney Holder.

On th is________ day o f_______ .

W H E R EA S M/s. R IT E S appointed as the Consultants for the Project

Management for and on behalf o f____________________________________ (the
Em ployer) for the work of _________ under Contract No. -------- dated
__________ with us.

T H IS D EED W IT N ESSET H A S FO LLO W S:

I/W e,________________(Nam e of Contractor) hereby do indemnify and save

harm less R IT E S having their office a t________________________ from

1. Any third party claim s, civil or criminal complaints/liabilities site mishaps

and other accidents or disputes and/or damages occurring or arising out of any
mishaps at the site due to faulty work, negligence, faulty construction and/or for
violating any law, rules and regulations in force, for the time being while
executing/executed civil works by me/us.

Any damages, loss or expenses due to or resulting from any negligence or

breach of duty on the part of me/us or any sub-Contractor/s if any, servants or
agents.

Before Issue After Ri

Insertions (I)............ Insertions (I)........... ........ / f
Corrections (CR)__ Corrections (CR)...........
Cutting (CT)............. HU' Cutting (CT)................tfs
Omissions (OM)...... Omissions (OM).......
Writing (OW). Over Writing (OW )./..V

2757
6 JUN 2018
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C )

3. Any daim s by an em ployee o f mine/ours or of sub-Contradors if any, under the

workman compensation act and em ployers' Liability ad , 1939 o r any other law
rules and regulations in force for the time being and any acts replacing and/or
amending the sam e or any of the sam e as may be in force at the time and under
any law in respect of injuries to persons or property arising out of and in the
course of execution of the Contract work arid/or arising out of and in the course
of employment of any workman/employee.

4. Any a d or omission of mine/ours or sub-Contrador/s if any, our/their servants

or agent which may involve any loss, dam age, liability, dvil or criminal action.

IN W IT N E S S W H ER EO F T H E ____ HAS S E T HIS/TH EIR HANDS ON T H IS DAY

OF SIG N ED AND D ELIV ER ED B Y T H E A FO RESA ID

IN TH E PR ESEN C E OF
W IT N E S S E S :

1.

2.

Before Issue Aftei

Insertions (I). Insertions (I)......
Corrections (CR).... Corrections (CR),
Cutting (CT)........... Cutting (CT).
Omissions (OM).... Omissions
v n u i w i u i u (OM)......../•jC
• — .
Over Writing (OW). Over Writing (O W )./...

2 6 JUN 2018
 D E V E L O P M E N T o flN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

Annexure I
(Refer Clause JOB)

INDENTURE FOR SECURED ADVANCES

This Indenture made the day of

20....... BETWEEN
(hereinafter called the Contractor which expression shall where the context so
admits or implies be deemed to include his executors administrators and assigns)
of the one part and the Employer represented by RITES Ltd. as is Agent/Power of
Attorney Holder (hereinafter called the Employer which expression shall where the
context so admits or implies be deemed to include his successors in office and
assigns) of the other part.
WHEREAS by an agreement dated .................................................. (hereinafter
called the said agreement) the Contractor has agreed AND WHEREAS the
Contractor has applied to the Employer that he may be allowed advances on the
security of materials absolutely belonging to him and brought by him to the site of
the works the subject of the said agreement for use in the construction of such of
the works as he has undertaken to execute at rates fixed for the finished work
(inclusive of the cost of materials and labour and other charges) AND WHEREAS
the Employer has agreed to advance to the Contractor the sum of Rupees
.............................................................................................................. . on the security
of materials the quantities and other particulars of which are detailed in Accounts
of Secured Advances attached to the Running Account Bill for the said works
signed by the Contractor on ........................... ..............................................................
and the Employer has reserved to himself the option of making any further advance
or advances on the security of other materials brought by the Contractor to the site
of the said works. Now THIS INDENTURE WITNESSETH that in pursuance of
the said agreement and in consideration of the sum of Rupees
...................................................................... on or before the execution of these
presents paid to the Contractor by the Employer receipt whereof the Contractor
Before Issne A ftttftte ii
Insertions (I)........................> Insertions (I)..........
Corrections (CR).............. I Corrections (CR)..:___.N
Cutting (CT).................... \ Cutting (CT).......
Omissions (OM)............ \ C r * ^ Omissions (OM
dting(OW)........ O Over Writing (OW)

2759
2 6 JUN 2018
 D E V E L O P M E N T o f IN F R A S T R U C T U R E al A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C )

doth hereby acknowledge) and of such further advances (if any) as may be made to
him as aforesaid the Contractor doth hereby covenant and agree with the Employer
and declare as follows:-
(l)That the said sum of Rupees
........................................................................................................... So advanced
by the Employer to the Contractor as aforesaid and all or any further sum or
sums advanced as aforesaid shall be employed by the Contractor in or
towards expediting die execution of the said works and for no other purpose
whatsoever.
(2)That the materials detailed in the said Account of Secured Advances which
has been offered to and accepted by the Employer as security are absolutely
the Contractor’s own property and free from encumbrances of any kind and
the contractor will not make any application for or receive a further advance
on the security of materials which are not absolutely his own property and
free from encumbrances of any kind and the Contractor indemnifies the
Employer against all claims to any materials in respect of which an advance
has been made to him as aforesaid.
(3)That the materials detailed in the said Account of Secured Advances and all
other materials on the security of which any further advance or advances
may hereafter be made as aforesaid (hereinafter called the said materials)
shall be used by the Contractor solely in the execution of the said works in
accordance with the directions of the Engineer-in-Charge and in the term of
the said agreement.
(4) That die Contractor shall make at his own cost all necessary and adequate
arrangements for the proper watch, safe custody and protection against all
risks of the said materials and that until used in construction as aforesaid the
said materials shall remain at the site o f the said works in the Contractor’s
custody and on his own responsibility and shall at all times be open to
inspection by the Engineer-in-Charge or any office authorized by him. In
the event of the said materials or any part thereof being stolen, destroyed or
damaged or becoming deteriorated in a greater degree than is due to
reasonable use and wear thereof the Contractor will forthwith replace same
with other materials of like quality or repair and make good the same as
required by the Engineer-in-Charge.
Before Issue After Receipt
Insertions (I). Insertions(I).......... ....... /
Corrections (CR). Corrections (CR)........... ■*/, 1
Cutting (CT) Cutting (CT)..............^
Omissions<OM). Omissions (OM)........ r.
Over Writing(OW). Over Writing (OW)./.... ^ __

2760
12 6 JUN ms
 D E V E L O P M E N T of IN F R A S T R U C T U R E at A G A L E G A Island. M A U R IT IU S "

PA R T - 3 (G C C )

(5) That the said materials shall not on any account be removed from the site of
the said works except with die written permission o f the Engineer-in-Charge
or any officer authorized by him on that behalf.
(6) That the advances shall be repayable in foil when or before the Contractor
receives payment from the Employer o f the price payable to him for the said
works under the terms and provisions o f the said agreement. Provided that if
any intermediate payments are made to die Contractor on account o f work
done than on the occasion o f each such payment the Employer will be at
liberty to make a recovery from the Contractor’s bill for such payment by
deducting therefrom the value o f the said materials then actually used in die
construction and in respect o f which recovery has not been made previously,
the value for this purpose being determined in respect of each description of
materials at the rates at which the amounts o f the advances made under these
presents were calculated.
(7) That if the Contractor shall at any time make any default in the performance
or observance in any respect o f any of the terms and provisions o f the said
agreement or of these presents the total amount of the advance or advances
that may still be owing to the Employer shall immediately on the happening
of such default be repayable by the Contractor to the Employer together with
interest thereon at twelve per cent per annum from the date or respective
dates of such advance or advances to the date of repayment and with all
costs charges, damages and expenses incurred by the Employer in or for the
recovery thereof or the enforcement of this security or otherwise by reason
of the default of the Contractor and the Contractor hereby covenants and
agrees with the Employer to repay and pay the same respectively to him
accordingly.
(8)That the Contractor hereby charges all the said materials with the repayment
to the Employer of the said sum of Rupees
and any further sum or
sums advanced as aforesaid and all costs charges, damages and expenses
payable under these presents PROVIDED ALWAYS and it is hereby agreed
and declared that notwithstanding anything in the said agreement and
without prejudice to the powers contained therein if and whenever the
Before Issue
Insertions (I).......
Corrections (CR)
Cutting (CT)

V
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'2 6 JUN 2010
 D E V E L O P M E N T o r IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S '

P A R T - 3 (G C C )

covenant for payment and repayment herein before contained shall become
enforceable and the money owing shall not be paid in accordance therewith
the Employer may at any time thereafter adopt all or any of the following
courses as he may deem best:-
(a) Sieze and utilize the said materials or any part thereof in the completion
of the said works on behalf of the Contractor in accordance with the
provisions in that behalf contained in the said agreement debiting the
Contractor with the actual cost o f effecting such completion and the
amount due in respect of advances under these presents and crediting the
Contractor with the value of work done as if he had carried it out in
accordance with the said agreement and at die rates thereby provided. If
the balance is against the Contractor he is to pay same to the Employer
on demand.
(b) Remove and sell by public auction the seized materials or any part
thereof and out of the moneys arising from the sale retain all the sums
aforesaid repayable or payable to the Employer under these presents and
pay over the surplus (if any) to the Contractor.
(c) Deduct all or any part o f the moneys owing out of the security deposit or
any sum due to the Contractor under the said agreement.
(9) That except in the event of such default on the part of the Contractor as
aforesaid interest on the said advance shall not be payable.
(10) That in the event of any conflict between the provisions of these presents
and the said agreement the provisions of these presents shall prevail and in
the event of any dispute or difference arising over the construction or
effect of these presents the settlement of which has not been herein before
expressly provided for the same shall be referred to the Accepting
Authority whose decision shall be final and the provision of the Indian
Arbitration Act for the time being in force shall apply to any such
reference.

Before Issue After ReccrfV-

Insertions (I)............. Insertions (I).................... / y
Corrections (CR)........... T Corrections (CR)............ (
Cutting {CT)................. j Cutting (CT)................j y 0 ,
Omissions (OM )............... V * Omissions (OM)......... .K /
Over Writing (OW).. Over Writing (OW )../... /
 D E V E LO P M E N T of IN F R A S T R U C T U R E at A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

In witness whereof the said ............ ................................... and

........................................................................... by the order and under the
direction of the Employer have hereunto set their respective hands the day
and year first above written.

Signed, sealed and delivered b y .......................................................................

the said contractor in the presence of
{Signature........................................................ }
Witness
{Name........................................................................... }
{Address................................................................... ..}

Signed b y .........................................................................................................
by the order and direction of the Employer
in the presence of
{Signature ...................................................................}
Witness {Name.............................................................................}
{Address......................................................................}

Before Issue After Receii

Insertions (1)................ Insertions (I)...............
Corrections (CR)........... | Corrections (CR)........... cv-—
Cutting (CT)................... [I41 Cutting (CT).................
Omissions (OM)............ Omissions (OM)....... M . ~
^ ^ S ^ ^ W r it in g (OW)......^ J V , Over Writing (OW)./#'.'. g j '

R IT E S Bhawan
\\\
1 \
( Plot N o. 144. Scctw-44, | * I
G vgao n-122003
2763 V
6 JUN 2018
 D E V E L O P M E N T o f IN F R A S T R U C T U R E a A G A L E G A Island, M A U R IT IU S "

P A R T - 3 (G C C )

ANNEXURE J
FORM O F APPLICATION BY THE CON TR ACTOR FOR SEEKING
EXTENSION OF TIME
1. Name of Contractor
2. Name of work as given in the Agreement
3. Agreem ent No.
4. Estim ated amount put to tender
5. Date of commencement of work as per agreem ent
6. Period allowed for completion of work as per agreem ent
7. Date of completion as stipulated in agreement
8. Period for which extension of time has been given previously:
a) 1st extension vide [Link] From__________ To________ (______Days)
b) 2nd extension vide No. Dated
From_________To________ (_____ Days)
Total extension previously given.
9. Reasons for which extensions have been previously given (Copies of the
previous sanctions should be attached)
10. Period for .which extensions is applied for now
From_______ T o___________________ (_____Days)
11. Hindrances on account of which extension is applied for with dates on which
hindrances occurred and the period for which these are likely to last. (D etails are
to be filled in for each Hindrance in a tabular form )

a) Serial No.
b) Nature of hindrance
c) Date of occurrence
d) Item s of work which could not be executed on account of this hindrance
e) Date of removal of hindrance
f) Overlapping period if any. with reference to item
9) Net delay on account of this hindrance
h) W eightage of this hindrance

Before Issue After Receipt

Insertions (I)....................* Insertions (I).................... ^
Corrections (CR).....V j-JV1-
Cutting (CT)......................
Omissions (OM).............
J Corrections (CR)........... j
Cutting (CT).................
Omissions {OM).
OverW riting<OW )....J K Over Writing (OW),

2764 1
2 6 ju/y zoi$
 D E V E L O P M E N T o f IN F R A S T R U C T U R E »t A G A L E G A Island. M A U R IT IU S '

P A R T - 3 (G C C )

i) Net extension apptoed for

j) Rem arks, if any.
Total period on account of hindrances mentioned ab o ve ______ M onths_____
D ays

12. Extension of time required for extra work

a) D etails of extra work and the amount involved:-
b) Proportionate period o f extension of time based on tendered value on
account of extra work.
13. Total extension of time required for 11 & 12

Submitted to the Site Engineer

Signature of Contractor
Dated

Before Issue After Ri

Insertions (I)........... Insertions (I)........... ........ J
Corrections (CR).... Corrections (CR).......
Cutting(CT)............ I 72, Cutting (CT).........., . :
Omissions (OM)__ Omissions (OM)
Writing (OW). Over Writing ^
I " ■
2765
\
*!

l-u Z 6 JUN 2018