GCC 2023

GENERAL CONDITIONS OF CONTRACT

FOR

RENOVATION OF LANDSCAPING AND ARBORICULTURE

WORKS IN FRONT OF PMU, ARJUN BLDG, CNS(CADAS) AND
BMS BLDG IN TECHNICAL AREA AT ARDE, PUNE

TENDER ENQUIRY NO.

CCEESTS/ENQ/ARBO/PUNE/ARDE/103/2025-26
Dated 20 Nov 2025

Page 1 of 103
 GCC 2023
CONTENTS
ARTICLE DESCRIPTION
1 Definition & Interpretation
2 Communication
3 Scope of Contract
4 Work Commencement, Execution and Delay
5 Contract Price
6 Payment
7 Taxes and Duties
8 Responsibility of the owner
9 Obligations of the contractor
10 Quality of Work
11 Responsibility for Completion
12 Construction Power and Water Supply
13 Contractor’s Temporary Site Office/ Workshop/ Store/ Cement Store etc.
14 Exclusions
15 Deviation, Extent and Rates for Extra Items
16 Contract Price Adjustment
17 Measurement of Work
18 Engineer’s Authority
19 Working Hours
20 Drawings, Specifications and Schedule of Items
21 Contractor’s Representative
22 Co-ordination with other contractors
23 Liquidated Damages for Delay
24 Completion of Work
25 Defects Liability
26 Materials
27 Misuse of Works
28 Refund/Forfeiture of Security Deposit and Peformance Guarantee
29 No Interest/ Damage Payable
30 Materials/ Goods/ Equipments not incorporated in Works
31 Owner’s Lien
32 Sub –Contracting
33 Passage of Property and Risk
34 Safety and Security
35 Deductions from Contract Price
36 Indemnity
37 Intellectual Property Rights(IPR)
38 Preservation of Peace
39 Confidentiality and Secrecy
40 Suspension and Termination
41 Force Majeure
42 Resolution of Dispute
43 Liquidation
44 Effective date of Agreement
45 Annexures to the Contract
46 Code of Integrity and Integrity Pact
47 Lump sum Provision in Tender
48 Closure of Contract
49 List of Manuals/ Standard Operating Procedure (SOP)
50 Risk Distribution
51 Compliance to Carriage by Road Rules
52 Limitation of Liability
53 Amendments

Page 2 of 103
 GCC 2023

ABBREVIATIONS & ACRONYMS

ASHRAE American Society of Heating, Refrigerating and Air-conditioning

Engineers
BIS Bureau of Indian Standards
BOQ Bill of Quantities
B/R, B&R Building and Roads
CCE(R&D) Chief Construction Engineer for Research And Development
Construction Establishment
CPCB Central Pollution Control Board
DLP Defect Liability Period
DRB Dispute Resolution Board
EFT Electronic Fund Transfer
EM Estate Manager
EOT Extension of Time
EPC contract Engineering, Procurement and Construction contract
FAC Final Acceptance Certificate
FDR Fixed Deposit Receipt
FM Force Majeure
GCC General Conditions Of Contract
GFC drawings Good for Construction drawings
GST Goods and Services Tax
HR Human Resources
IE RULES Indian Electricity rules
IGST Integrated Goods and Services Tax
IPR Intellectual Property Rights
IRC Indian Roads Congress
ISD Initial Security Deposit
LD Liquidated Damages
LOI Letter of Intent
MEP Mechanical, Electrical and Plumbing
NBC National Building Code
NOC No Objection Certificate
PM Project Manager
PSU Public Sector Unit
QA/QC Quality Assurance/ Quality Control
QAP Quality Assurance Plan
RAR Bill Running Account Receipt Bill
RDCE Research and Development Construction Establishment
SCC Special Conditions Of Contract
SHE Safety, Health and Environment
SOP Standard Operating Procedure
TCS Tax Collected at Source
TDS Tax Deducted at Source
T&P Tools and Plants
WCR Work Completion Report

Page 3 of 103
 GCC 2023
ARTICLE – 1: DEFINITIONS AND INTERPRETATION
In this document as hereinafter defined, the following words and expressions shall
have the meanings assigned to them except where the agreement explicitly
provides: -

1.1 “CONTRACT” means a formal legal contract relating to the subject work, entered
into between the OWNER (Accepting Officer on behalf of the President of India) and
the CONTRACTOR on mutually agreed and accepted terms and conditions which
are in compliance with all the relevant provisions of the law of the country. Contract
includes ‘Tender Document’ (including all its section, appendices, forms, formats
etc.) published to invite Bids/Tender, CONTRACTOR’s offer and his unconditional
promise for acceptance thereof including annexures, correspondences etc.
complementary to one another and referred to in the contract.

1.2 “OWNER” means the President of India, acting by and through Chief Construction
Engineer (R&D)/Estate Manager, who accepts and signs the Contract.

1.3 “ACCEPTING OFFICER” means duly authorised officer who signs the
Contract.

1.4 “TENDER DOCUMENT” means the document consisting all its section, appendices,
forms, formats, etc. published by CCE (R&D) / Estate Manger or his Authorised
Representative to invite bids in a Tender process or Tender Enquiry.

1.5 “WORK(S)” mean works, supplies, services to be executed in accordance with the
Contract or part(s) thereof as the case may be and shall include all extra or
additional, altered or substituted works or temporary/enabling works and
urgent works as required for performance of the Contract.

1.6 “CONTRACTOR” (including the terms Consultant or Supplier or Service

provider or Firm or Vendor or Manufacturer or Successful Bidder under specific
contexts) means an individual or the person, Company, a co-operative society, a
Hindu Undivided Family (HUF) and an association of body of person(s), whether
incorporated or not, with whom the Contract is entered into and shall be deemed to
include the CONTRACTOR’s successors, agents, Sub-contractors,
representatives, heirs, executors and administrators (approved by the Accepting
Officer) as the case may be, unless excluded by the terms of Contract.

1.7 “GOVERNMENT” or “GOVERNMENT OF INDIA” means the President of India

or the successors in office.

1.8 “PROJECT MANAGER” means Engineer detailed by the Accepting Officer on

behalf of OWNER for planning, design, construction and Contract
Management of the Project/Works as a whole or part thereof.

1.9 “ENGINEER– IN – CHARGE” means the Engineer detailed by the Accepting Officer
to direct, supervise and be in-Charge of the work or part thereof at project/ Work
site.

Page 4 of 103
 GCC 2023
1.10 “SITE ENGINEER” means Engineer detailed by the Project Manager/Engineer-in-
charge for day-to-day supervision of work at site.

1.11 “SITE” means the area identified by the OWNER for the scope of work indicated in
Article 3 of General Conditions of Contract (GCC).

1.12 “TEMPORARY WORKS” shall mean all temporary/enabling work of every kind
required in or about the execution, completion and maintenance during Defect
Liability Period.

1.13 “APPROVED AND DIRECTED” means the approval and direction of the OWNER
or person(s) authorised/ detailed by him for the particular purpose.

1.14 “MONTH” means calendar month as per the Gregorian Calendar.

1.15 “DAY” means calendar day as per the Gregorian Calendar.

1.16 “WEEK” means a continuous period of 07 (seven) calendar days as per the
Gregorian Calendar.

1.17 “SUB CONTRACTOR” means a person or a firm or a corporate body approved by

OWNER who has entered into a Contract with the CONTRACTOR to complete a
part of work.

1.18 BILL OF QUANTITIES (BOQ) means the price and complete schedule of quantities
forming part of price-bid or such schedule of quantities forming the part of Contract
(with amendments, if any).

1.19 “MARKET RATE” means the rate for an item of Work, determined on the basis of
the cost of labour, materials brought to site and incorporated in the Work(s) and
tools and plants (T&P) required for the Work executed, taxes plus percentage (%
age) of the rate as mentioned in the Contract (Maximum 15 %) to cover overheads
and profit of the CONTRACTOR.

1.20 “EMERGENCY WORKS” means any urgent measures which, in the opinion of the
OWNER or his representative, become necessary during the progress of the Works
to obviate any risk of accident or failure or which becomes necessary for security,
safety or rectifications to essential services like water and power supply,
Mechanical, Electrical & Plumbing (MEP) system during execution and Defect
Liability Period of the Contract.

1.21 “GST” means taxes levied under Central Goods and Services Act (CGST Act),
2017, Integrated Goods and Services Tax Act and various State/U.T. Goods &
Service Tax Laws and applicable cesses in force. (Here in referred as relevant GST
law).

1.22 “PARTIES” means the OWNER & the CONTRACTOR who have entered into the
Contract Agreement.

INTERPRETATION
Page 5 of 103
 GCC 2023
1.23 Following expressions are synonymous to each other
(a) Tender and Bid
(b) Derivatives Tender/Bidding Documents, Bidding/Tendering.
(c) Tenderer/Bidder/CONTRACTOR/Bidding Firms/Firms.
(d) Bill of Quantity (BOQ) / Schedule of quantities / Schedule of
items / Priced Schedule.
(e) OWNER/CCE(R&D)/Estate Manager(EM)/Accepting Officer.
(f) Bid security/ Initial Security Deposit
(g) Performance Security/ Performance Guarantee.
(h) In the case of Consultancy Contract the word ‘CONTRACTOR’ shall
be read as ‘Consultant’ as applicable in GCC and SCC.
(j) Contract / Agreement /Contract Agreement
(k) Breach/ Default
(m) Material/ equipment/ goods
(n) Debarement/Banning/Black-Listing/Suspension of Firms

1.24 Singular and plural

Where the context so requires, words importing the singular only will also include
the plural and vice versa.

1.25 Headings and Marginal notes to GCC shall not be deemed to form part thereof or
be taken into consideration in the interpretation or construction thereof or of the
Contract.

1.26 Discrepancies and Order of Precedence (Higher to Lower) of Documents

1.26.1. If there are varying/ conflicting provisions made in any documents forming part of
the contract, the OWNER shall be deciding with regards to the intention of the documents
mainly based on higher/ superior value in the documents. OWNER’s decision shall be final
and binding on the CONTRACTOR.

1.26.2. Any error in description, quantity or rate in Schedule of Quantities or any omission
therefrom shall not vitiate the Contract or release the CONTRACTOR from the execution
of the whole or any part of the works comprised therein according to drawings and
specifications or from any of his obligations under the contract.

1.26.3. The several documents forming the Contract are to be viewed as mutually
explanatory of one another. However, in case of any contradicting discrepancies,
following order of precedence/ preference (Higher to Lower) shall be followed for
both GCC Article 1.26.4 (A) & (B): -
(a) Drawings (both Tender & working)
(i) Drawings with figured dimensions and scaled.
(ii) Drawings / sketches with figured dimensions.
(iii) Illustrative schemes / sketches un-scaled and without figured
dimensions.
(b) Conditions of Contract
(i) All appended Conditions of Contract Agreement.
(ii) Special Conditions of contract (SCC).
(iii) General Conditions of contract (GCC).

1.26.4. (A) Item Rate (both percentages based or quoted rate based) & lump sum
contract: -
(a) Description in BOQ/ Price Schedule/ Price Bid and Notes, if any.
Page 6 of 103
 GCC 2023
(b) Particular technical specification, if any.
(c) Drawings
(d) Conditions of Contract
(e) Technical specifications
(f) Relevant/Applicable Indian Standards and Codes and
practices (BIS, NBC, IE RULES, IRC, ASHRAE etc.).
(g) Relevant International codes and practices.

For LUMP SUM CONTRACT, largest dimensions of drawings & BOQ and superior
specifications between BOQ and technical specification shall be considered for
financial implications.

(B) Turn Key/EPC (Design & Building) contracts: -

(a) Price Bid/ Financial Bid/ Price Schedule and Notes, if any.
(b) OWNER’s requirements: -
(i) Functional
(ii) Engineering/ Design criteria
(iii) Specification
(iv) Construction/ Execution/ Procurement
(c) OWNER’s preliminary drawings.
(d) CONTRACTOR’s Bid Submittals including drawings.
(e) Conditions of Contract.
(f) Relevant Indian Standards / codes and practices (BIS/NBC/IE
RULES/IRC, ASHRAE etc.).
(g) Relevant International codes and practices.

1.26.5 Contract Comprising of Sections / Parts Confirming to 1.26.4 (A) & (B), above
principles enunciated in 1.26.4 (A) & (B) for order of precedence shall apply to
corresponding parts of the contract.

GOVERNING LAWS
1.27. Governing Laws and Jurisdiction
(a) This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Laws of India for the time being in force.

(b) Irrespective of the place of delivery, or the place of performance or the place of
payments under the Contract, the Contract shall be deemed to have been made at
the place from which the Letter of Intent (LOI) or the Contract Agreement has been
issued. The courts of such a place shall alone have jurisdiction to decide any dispute
arising out in respect of the Contract. Any reference to any legal Act, Government
Policies or orders shall be deemed to include all amendments to such instruments,
from time to time, till date.

1.28. Changes in Laws and Regulations

Unless otherwise stipulated in the Contract, if after last date of Bid submission
(Techno-commercial), any law, regulation, ordinance, order or bye-laws having
the force of law is enacted, promulgated, abrogated, or changed in India (which
shall be deemed to include any change in interpretation or application by the
competent authorities) that subsequently affects the completion date and/ or the
Contract price, then such completion date and / or Contract price shall be
correspondingly increased or decreased, to the extent that the CONTRACTOR has
thereby been affected in the performance of any of its obligations under the
Contract. Notwithstanding the foregoing, such additional or reduced cost shall not

Page 7 of 103
 GCC 2023
be separately paid or credited if the same has already been accounted for in the
Contract.

WORDS, TERMS & EXPRESSION

1.29. Words importing the masculine gender shall be taken to include other
genders, and words importing persons shall include any company or
association or body of individuals, whether incorporated or not.

1.30. Terms and expression not herein defined, explained or interpreted shall have the
meanings assigned to them in the Indian Contract Act, 1872 (as amended) or the
Sale of Goods Act, 1930 (as amended) or the General Articles Act, 1897 (as
amended) as the case may be.

DOCUMENTS CONVENTIONS
1.31. All words & paras defined in GCC Article 1 are written as ‘Capitalized Word’ and shall
have the defined meaning. The rest of the words shall be as per grammar and usual
dictionary meaning.

1.32. Any generic reference to GCC shall also imply a reference to SCC as well.

1.33. Any reference to ‘Contract’ shall be deemed to include all other documents (inter-alia
GCC, SCC) as described in GCC Article 45.

LANGUAGE OF CONTRACT
1.34. The Contract shall be written in the Official Language or English. All correspondence
and other contract documents, which the parties exchange, shall also be written /
translated accordingly in that language. For purposes of interpretation of the Contract, the
English documents / translation shall prevail.

THE ENTIRE AGREEMENT

1.35. This Contract and its documents constitute the entire agreement between the
OWNER and the CONTRACTOR, and supersedes all other communications, negotiations,
and agreements (whether written or oral) of the Parties made before the date of this
Contract. No representative of either Party has the authority to make, and the Parties shall
not be bound by or be liable for, any statement, representation, promise or agreement not
outlined in this Contract.

SEVERABILITY
1.36. If any provision or condition of this Contract is prohibited or rendered invalid
or unenforceable, such prohibition, invalidity or unenforceability shall not affect the
validity or enforceability of any other provisions and conditions of this Contract.

ARTICLE – 2: COMMUNICATION

2.1. Writing or written includes matter either whole or in part, in digital communications,
manuscript, photographed or printed under authorised signature along with seal
or digitally acceptable authentication, as the case may be.

Page 8 of 103
 GCC 2023
2.2. All communications under the Contract shall be served by the parties on each other
in writing only, in the Contract's language, and served in a manner customary and
acceptable in business and commercial transactions.

2.3. The effective date of such communications shall be either the date when
delivered to the recipient or the effective date mentioned explicitly in the
communication, whichever is later.

2.4. No communication shall amount to an amendment to the contract, except in case

of a formal letter of amendment to the Contract as per the terms and conditions of
the Contract.

2.6. The person signing the communication

For all purposes of the Contract, including Arbitration,thereunder all
communications to the other party shall be signed by:

(a) The CONTRACTOR or his authorised Representative (on behalf of the

CONTRACTOR) who has signed the contract shall sign all correspondences.

(b) A person signing communication in respect of the Contract or purported to be

on behalf of the CONTRACTOR, without disclosing his authority to do so, shall be
deemed to warrant that he has authority to bind the CONTRACTOR. If it is
discovered at any time that the person, so signing has no authority to do so,
the OWNER reserves its right to, without prejudice to any other right or remedy, to
terminate the contract for default in terms of the Contract and avail any or all
the remedies thereunder and hold such person personally and / or the
CONTRACTOR liable to the OWNER for all costs and damages arising from such
remedies.

(c) Unless otherwise stipulated in the Contract, the Accepting Officer signing the
Contract shall administer the Contract and sign communications on behalf of the
OWNER.

2.7. Address of the parties for sending communications by the other party
For all purposes of the Contract, including Arbitration, thereunder the address of
parties to which the other party shall address all communications and notices shall
be: -
(a) The address of the CONTRACTOR as mentioned in the Contract unless
the CONTRACTOR has notified the change of address by a separate
communication containing no other topic to the OWNER. The
CONTRACTOR shall be solely responsible for the consequence of an omission
to notify a change of address in the manner aforesaid, and
(b) The address of the OWNER shall be the address mentioned in the
Contract. The CONTRACTOR shall also send additional copies to officers of
the OWNER presently dealing with the Contract.

ARTICLE – 3: SCOPE OF CONTRACT

SCOPE OF WORK
3.1 The scope of work to be executed by the CONTRACTOR under the Contract shall
include all work, supplies and services for construction, completion and
maintenance as specified in the tender documents (or as finalised).

Page 9 of 103
 GCC 2023
3.2 Scope of Work shall be as delineated in Contract and shall, except and otherwise
provided in the Contract, include all human resources, materials, tools, plants,
equipment, transportation, hoisting, setting, fitting & fixing in position, energy &
water in preparation for full and entire execution, completion of the Work(s) and
defect liabilities with good practice and recognized principles.
3.3. Depending upon type of Contract, scope of work shall be as per approved working
drawings, specifications. Any other details of scope of work mentioned in the
Contract will also be followed.
3.4. The scope of work to be carried out by the CONTRACTOR shall also include the
following: -
(a) Setting out of the Work(s) in respect of position, level, dimensions,
alignments, etc. including establishment of bench marks, survey reference points,
etc.
(b) Clearance of the site, before & after completion of the Work.
(c) Site levelling / terracing within the limits as shown in the drawings or as
directed by the PM/ Engineer-in-Charge.
(d) Disposal of debris, excavated materials, etc.
(e) Testing of water, soil, concrete and all construction materials etc.
(f) Pumping out rain water / underground water from foundations, excavations
and drainage of surface water from Work Site.
(g) All scaffolding, shorting, centring, shuttering works, etc.
(h) Running and maintenance of all construction plants and equipment, tools and
tackles, etc.
(j) All temporary / enabling works such as proper approach road to the site,
water supply, drainage and sewerage, power supply including diesel generator set,
temporary offices, stores, construction yard, canteens, toilet blocks, labour camp,
fencing, etc.
(k) Protection of trees, shrubs, green environments and other surfaces on /or
above ground surface also below ground surfaces up to execution envelop
and affected zone as per instruction of Engineer-in-Charge/Project
Manager(PM)/OWNER.
(l) Any other work required in connection with the execution of the
Contract Work.
The cost of all the above mentioned works shall have deemed to be included in the
rates for various items of work although such inclusion may not be specifically spelt
out but shall be as per the contract.

ARTICLE – 4: WORK COMMENCEMENT, EXECUTION AND DELAY

COMMENCEMENT OF WORK
4.1. After issue of Letter of Intent (LoI), the OWNER or his rep shall instruct the
CONTRACTOR to 'commence the works', only after encumbrance free land/sites,
minimum required for execution of the Work, is made available and sufficient clearances
and permits have been obtained as per Article 8 & 9. The CONTRACTOR, within 02 (Two)
weeks, shall submit the following to the OWNER for his approval:

(a) The work programme in such form and detail as the OWNER
reasonably prescribes;

(b) Methods statement which the CONTRACTOR proposes to adopt for

execution of the works.
(c) The Quality Assurance(QA) and Quality Control(QC) plan.

Page 10 of 103
 GCC 2023
The OWNER, on being satisfied with CONTRACTOR’s submission, shall hand over total
or partial possession of the site to the CONTRACTOR.
4.2. Date of Commencement shall be reckoned from 15th day from the date of issue of
the LOI, unless otherwise stated in the Contract.

4.3. In case of emergency works, commencement of work shall be as per Contract.

TIME FOR COMPLETION

4.4. The entire scope of work covered in this Contract shall be completed within the time
stated in Contract or within such extended time granted to the CONTRACTOR by the
OWNER under the provision of this Article 4 of GCC.

4.5. Time is Essence of Contract

The time allowed for execution of Work as stipulated in the Contract or as the extended
time in accordance with these conditions shall be deemed to be the essence of the
Contract.

PROGRESS, REVIEW AND REPORTING

4.6. Monitoring System: A system of project monitoring for Work shall be prepared and
submitted by the CONTRACTOR before start of the Work and same shall be
available at site of Work. A detailed work / progress schedule showing all the
activities including mobilisation, site clearance, procurement of major construction
material like cement and steel, excavation work, foundation work, sanitary and
water supply work etc. The Work shall be monitored on
quarterly/monthly/fortnightly/weekly basis by the OWNER and various Review
committee. The status report shall be submitted by the CONTRACTOR to the
OWNER. If required, approved work progress schedule may be amended during
execution to meet the completion time after discussion and deliberation with the
CONTRACTOR.

4.7. In case of non-submission of construction programme by the CONTRACTOR, the

program approved by the Engineer-in-Charge shall be deemed to be final and
binding on the CONTRACTOR.

4.8. The approval by the OWNER of such programme shall not relieve the
CONTRACTOR of any of the obligations under the Contract.

DELAY IN EXECUTION

4.9. While examining the request of the CONTRACTOR for extension of time, the
OWNER shall consider all circumstances and categorise of the delays as follows:

(a) Excusable delays - Force Majeure (FM) as covered in the GCCArticle No. 41.

(b) Compensable delays – Compensation Events, which put full burden of

responsibility on the OWNER and also in case of Excepted risks covered in the
GCC Article 50.

(c) Inexcusable delay (CONTRACTOR’s own faults), which puts the full burden
of responsibility on the CONTRACTOR as covered in the GCC.

(d) Concurrent delays - when two or more events responsible for delay overlap
each other. The delays may be attributable to the OWNER or the
Page 11 of 103
 GCC 2023
CONTRACTOR or none, and fall in above categories. The eligibility for extension of
time (EOT) shall be determined by plotting each contributing concurrent delay on
the critical path. Any overlap period determined shall not be granted for EOT to the
CONTRACTOR.

4.10. Once the delay is categorised, it shall then be determined by the OWNER whether
the CONTRACTOR is eligible for EOT, with or without Liquidated Damages (LD).

EXTENSION OF TIME (EOT)

4.11. The Time for Completion specified may be extended if the CONTRACTOR has
delayed or impeded in the performance of any of the obligations under the contract by
reason of any of the following:
(a) Force Majeure: The extension of completion time shall be as GCC Article-41, or
(b) Excepted Risks: The extension of completion time shall be as GCC Article-50,
or
(c) Major changes or substantial addition to the Work ordered by the OWNER
adversely affecting the completion time, or
(d) Delay in handing over the site etc., or
(e) Abnormally bad weather, or
(f) Delay on part of other CONTRACTOR or tradesmen engaged by OWNER in
executing works not forming part of the Contract, or
(g) Non availability of stores the responsibility of Government to supply, or
(h) Non availability of breakdown of tools & plants to be supplied or to be supplied
by the Government, or
(j) Any suspension order given by the OWNER, or
(k) any other sufficient cause which, in the opinion of the OWNER, is beyond the
CONTRACTOR’s reasonable control; by such period as shall be fair and
reasonable in all the circumstances and as shall fairly affect the delay or
impediment sustained by the CONTRACTOR.

In case of conditions from (b) to (k), extension of time shall be as per decision
of the OWNER.

4.12. Except where otherwise specifically provided in the Contract, the CONTRACTOR
shall submit to the OWNER a notice in writing (along with all the valid supporting
documents) for an extension of the time for completion, together with particulars of
the event or circumstance justifying such extension as soon as reasonably
practicable, but not later than thirty (30) days after the commencement of such event
or circumstance. As soon as reasonably practicable, after the receipt of such notice
and supporting particulars of the claim, the OWNER may give a fair and reasonable
extension of time for completion of Work.

4.13. The CONTRACTOR shall at all times use his reasonable efforts to minimise any
delay in the performance of his obligations under the Contract.

4.14. The CONTRACTOR shall have no claim of damages for extension of time granted
or rescheduling of milestone/s for events listed above at clause 4.11.

4.15. In case, the Work is hindered by the Department or for any reason / event, for
which the OWNER is responsible, OWNER shall, if justified, give a fair and
reasonable extension of time and reschedule the mile stones for completion of
work Such extension of time or rescheduling of milestone/s shall be without
prejudice to any other right or remedy of the parties in contract or in law.
Page 12 of 103
 GCC 2023
4.16. Request for rescheduling of Mile stones or extension of time, to be eligible for
consideration, shall be made by the CONTRACTOR in writing within fourteen days
of the happening of the event causing delay on the prescribed forms. The
CONTRACTOR shall indicate in such a request the period by which rescheduling
of milestone/s or extension of time is desired. With every request for rescheduling
of milestones, or if at any time the actual progress of work falls behind the approved
programme by more than 10% of the stipulated period of completion of Contract,
the CONTRACTOR shall produce a revised programme which shall include all
details of pending drawings and decisions required to complete the Contract and
also the target dates by which these details should be available without causing any
delay in execution of the Work.
4.17. In any such case, the OWNER may give a fair and reasonable extension of time for
completion of work or reschedule the mile stones. Such mutually agreed EOT or
rescheduling of the milestones shall be communicated to the CONTRACTOR by
the OWNER in writing.
4.18. In case the work is delayed by any reasons, in the opinion of the OWNER, by the
CONTRACTOR for reasons beyond the events mentioned in GCC Article 4.11 and
beyond the justified extended date, the OWNER may grant EOT required for
completion of work, with or without Liquidated Damages (LD).

ARTICLE – 5: CONTRACT PRICE

5.1. 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 including Defect Liability Period (DLP).

5.2. Bidders should analyse and quote, in consistent manner, across all items of BOQ/
Price Bid. They should avoid quoting freakishly low rates for some items and
freakishly high rates for other items on comparison of their own quoted rates and
market prices. The OWNER shall, in such cases, seek written clarification from the
successful Bidder to submit their analysed rates and bid price in relation to scope,
schedule, resource mobilization, allocation of risk and responsibilities and any other
requirement of the bid documents. In case of abnormally low bids, if after evaluating
the price analyses, it is determined that the Bidder has substantially failed to
demonstrate its capability to deliver the Contract at the offered price, the OWNER
may reject the Bid. The detailed requirement of documents and additional conditions
for such Bids shall be as mentioned in the SCC.
Bidders should also avoid quoting different rates for repeated/similar item(s)
of Bill of Quantities(BOQ)/Price Bid. In case the rates for repeated item(s) are
different, the lowest rate of such item(s) will be payable to the CONTRACTOR.

5.3. Contract Price

In consideration of the Work, Supplies and Services to be executed / made /
performed by the CONTRACTOR as per GCC Article-3 and for any other obligation
to be met by the CONTRACTOR under the Contract, the OWNER shall pay to the
CONTRACTOR, the Contract price.

5.4. Final Contract Sum

Final contract sum shall be the amount payable under the contract by the OWNER to the
CONTRACTOR for the full and entire execution and completion of the works.
Page 13 of 103
 GCC 2023
5.5. Contract rates as stated in the agreement shall be firm and fixed and binding on
the CONTRACTOR during the period of this Contract irrespective of any variations of
quantities stated therein.

5.6. Item rates of various items of work and Contract price shall be deemed to include,
if otherwise especially not provisioned in the Contract, cost of all materials, Human
Resources (HR) including labour, tools, plants, usage of equipment’s, templates,
scaffoldings, supports approaches etc., Contractor’s labour regulation, security, secrecy,
working in restricted area, safety, health and environmental related measures, power,
water, fuel, lubricants, consumables, transport, handling, storage, approval, checking,
testing, insurance, taxes, royalties, other revenue expenses, CONTRACTOR’s,
temporary accommodation, services, pumping out water, removal of construction
debris/surplus materials and site clearance after completion of work, supervision,
overheads, profits etc. & such other items as may be required for executing in full scope
of work and completion thereof. The rates quoted by the CONTRACTOR deemed to
include all preparatory works required for satisfactory completion of work and any
rectification / replacement of works carried out as part of defect liability.

5.7. Contract price shall include all taxes, fees and duties as per GCC Article-7.

5.8. Contract Price adjustment shall be done as per GCC Article-16 subject to as
hereinafter provided in GCC Article entitled ‘Contract Price Adjustment’ all charges on
account of GST and other levies/ octroi/ royalties/taxes on materials obtained for the
Work(s) from any source (excluding materials issued by the OWNER) shall be borne by
the CONTRACTOR.

ARTICLE – 6: PAYMENT

6.1. The item(s) of work of CIVIL works and E&M works for the purpose of payment shall
be as per Contract.

INITIAL SECURITY DEPOSIT (ISD)

6.2. The CONTRACTOR shall submit an Initial Security Deposit of 2.5% (Two and half
percent) of the initial Contract price in the form of a Bank Guarantee Bond, Fixed Deposit
Receipt (FDR), Insurance Surety Bond etc. of any scheduled commercial Bank within 21
days of Letter of Intent (LOI) with initial validity up to 90 days beyond the completion of
Defect Liability Period (DLP) of this Contract. However, in case the date of completion of
DLP gets extended or date of issue of “Final Acceptance Certificate” is 90 days beyond
original DLP, the validity of ISD shall have to be further extended by such additional period.
Finally, the Bank Guarantee for Security Deposit shall be released after completion of
extended DLP, issue of “Final Acceptance Certificate” and submission of “No Demand
Certificate” by the CONTRACTOR.

6.3. In case of increase in Contract sum, the additional 2.5% of the increased Contract
sum shall be deposited in the form of Bank Guarantee Bond/FDR/Insurance Surety Bond
towards Security Deposit with validity up to 90 days beyond the completion of Defect
Liability Period (DLP).

MOBILIZATION ADVANCE
6.4. In respect of all Works (excluding services contract), subject to any deduction which
the OWNER may be authorized to make under the Contract, the CONTRACTOR shall
receive payment of Mobilization Advance from the OWNER in following manner: -
Page 14 of 103
 GCC 2023
(a) 10% (Ten percent) of the Contract price as Mobilization advance within 03 (Three)
weeks after the effective date of Agreement, or date of deposit of initial security, whichever
is later against unconditional and irrevocable Bank Guarantee of scheduled commercial
bank for 110% amount of advance in the format prescribed by the OWNER, valid up to
completion date of the Contract and shall remain effective until issue of "Completion
Certificate" by the OWNER or up to the full recovery of the advance payment, whichever
is earlier. The value of Bank Guarantee shall be progressively reduced to the extent of
outstanding Mobilization Advance to be adjusted/recovered. Any outstanding Bank
Guarantee Bond shall be released when the entire work is completed as per the Agreement
and on issuance of "Completion Certificate" by the OWNER.

(b) Mobilization Advance shall be paid in 02 (two) or more instalments to be decided by

the OWNER. Each instalment will not be more than 50% of the total admissible Mobilization
Advance. The second instalment may be paid on certification by the PM/Engineer-in-
Charge of the CONTRACTOR's having achieved a financial progress (excluding first
instalment of mobilization advance) of 10 (ten) percent of the Contract price, as also
provision of a BG of 110% of amount of advance by the CONTRACTOR for this part of the
advance. subsequent instalments of advance shall be released' by the OWNER only after
satisfying himself for appropriate utilization of previous advances, if necessary/feasible,
based on indicative documentary proof of expenditure incurred on material/equipment
and/or on quantum of work initiated on ground.

(c) Mobilization Advance will bear simple interest of 10% (ten percent) per annum and
shall be calculated on the outstanding amount of advance from the date of advance to the
date of recovery, both days inclusive.

6.5. The above advance shall be utilised by the CONTRACTOR for the purposes
of this Contract only and for no other purpose.

6.6. The recovery of all advances and interest thereon in case of mobilization advance
shall be made by deduction from the CONTRACTOR on account payments referred
to in GCC Clause entitled ‘Payment on Account/Progressive Interim Payments’ in
suitable percentages fixed by the PM/ Engineer-in-Charge in relation to the total
cumulative advances released and the progress of the work, so that all the sums
advanced with interest thereon shall be fully recovered starting from the time 10%
and ending by the time 80% of the financial progress of the work is completed. If
the amount payable under any interim bill is not sufficient to cover all deductions to
be made for sums advanced with interest and other sums deductible there from, the
balance outstanding shall be deducted from subsequent interim bill/bills, as may be
necessary, failing that, as otherwise provided for in the Contract.

SECURED ADVANCES
6.7. Secured advance against delivery of materials and equipment (which are not
combustible, fragile or perishable in nature such as aggregates, electrical and
sanitary fittings, steel, etc.) brought to the site but not yet incorporated in the Work
will be made up to 75 (seventy-five) percent of invoice value, or the 75 (seventy-
five) percent of the corresponding value of the materials determined on the basis of
Bill of Quantities (BOQ) rates, whichever is less, subject to the condition that their
quantities are not to be excessive (as per Good for Construction (GFC) drawings or
BOQ quantities whichever is less) and subject to approval by the OWNER or his
authorised representative.

6.8. The CONTRACTOR will be required to sign an indenture bond, hypothecating

the material to the OWNER, and also be responsible for their safe custody. If any
Page 15 of 103
 GCC 2023
material is damaged or become unsuitable as per specification(s) of the Work and
cannot be incorporated in the Work the same shall be replaced immediately by new
material conforming to specification(s) of Contract, failing which corresponding advance
shall be recovered from next running bill due to the CONTRACTOR.

6.9. Before the advance is released, the OWNER shall inspect that the material is in
conformity to Contract agreement. The CONTRACTOR shall safeguard the materials
against pilferage and deterioration. The CONTRACTOR shall submit an undertaking that
any loan/ limit from Banks against hypothecation of the materials has not been taken
against which the secured advance is claimed.

6.10. The advance will be recovered from each succeeding running bill (periodic/
interim payment) to the extent materials, for which advance has been previously paid,
have been incorporated into the Work(s).

RETENTION MONEY

6.11. Balance 10% (Ten percent) of the value of work done but not paid in running bills
shall be held as retention money. It shall be released in stages, when the
retention money accumulated exceeds Rs.2 (Two) lakhs on production of Bank
Guarantee Bond of an equivalent amount so released and valid up to 90 days after
the date of expiry of Defect Liability Period(DLP). Alternatively, the CONTRACTOR
may produce a Bank Guarantee Bond for an equal value valid up to 90 days after
the date of expiry of DLP. The retention money recovered in each running bill can
be released to the extent of the value of such Bank Guarantee Bond. On completion
of entire work as per the Agreement and on issuance of completion certificate by
the OWNER, the value of 10% held in running bills payment shall be reduced to
7.5% (Seven and half percent) on final Contract sum and balance shall be released
on completion of all works and on issuance of completion certificate by the OWNER.

6.12. Performance Bank Guarantee (PBG)

The CONTRACTOR shall submit irrevocable Performance Bank Guarantee totalling to
7.5% (Seven and half percent), or as specified in the SCC, of the final contract
sum ,inclusive of initial Security Deposit of 2.5% (Two and a half percent), and shall be
released 90 days after expiry of the DLP and satisfactory completion of all contractual
obligations including DLP obligations on issuance of “Final Acceptance Certificate (FAC)”
by the OWNER and submission of “No Demand Certificate” by the CONTRACTOR. If
Defect Liability Period is extended, validity of Bank Guarantee shall be extended up to
extended DLP.
In case any contractual obligations remain outstanding, the CONTRACTOR shall
extend BGs/Securities as asked by the OWNER till the time the CONTRACTOR settles
these and completes all contractual obligations.
The OWNER reserve the right to forfeit the PBGs, if any provisions of the Contract
are not fulfilled by the CONTRACTOR.

PAYMENT ON ACCOUNT/PROGRESSIVE INTERIM PAYMENTS

6.13. “Bills for the progressive payments” shall be submitted by the CONTRACTOR
monthly. However, in special circumstances with the approval of the OWNER
progressive payments may be submitted within 15 days from the last
running bill paid. In order to make the Progressive Interim Payment for the work to
be executed on lump-sum basis, the CONTRACTOR shall submit detailed Billing
Break-up (BBU) of the lump-sum amount for the OWNER's approval. The BBU so
submitted by the CONTRACTOR shall be finalized in consultation with the OWNER.
Page 16 of 103
 GCC 2023
6.14. The progressive payment shall be released after certification by PM/Engineer-in-
Charge that works have been performed in accordance with the Technical
Specifications including Quality Assurance Plan (QAP) and authorisation for the
payment. However, the release of first progressive interim payment shall also be
subject to submission of documentary evidence by the CONTRACTOR towards
having taken the insurance policy(ies) in terms of relevant provisions of SCC for
CONTRACTOR’s liability and insurance and acceptance of the same by
PM/Engineer-in-Charge.

6.15. The progressive payments further to first Running Account Receipt (RAR) Bill shall
be released after certification of PM/Engineer-in-Charge that the CONTRACTOR
has complied with requirements of the Contract for bringing Tools & Plants (T&P) at
the site, establishment of the site office, lab testing facilities etc. as specified in the
Contract. If the CONTRACTOR defaults in fulfilling the above requirements, the
OWNER or his authorized representative shall have the authority to withhold an
amount equal to following percentage of the claimed amount by the CONTRACTOR
in the submitted RAR Bills: -
Second RAR bill - 10 % (Ten percent) of the bill amount
Third RAR bill - 20 % (Twenty percent) of the bill amount
Fourth RAR bill - 30 % (Thirty percent) of the bill amount
Further beyond the Fourth RAR Bill, no payment shall be made to the
CONTRACTOR by the OWNER unless the CONTRACTOR has complied with
above said requirements.

6.16. All interim/progressive/running payments shall be regarded as payment by way

of advance against final payment only and not as payment for the work completed
till the date of final payment. The running payment made shall not preclude the liability
of the CONTRACTOR to finally complete the Work strictly in accordance with the
specifications and drawings, if required by re-constructing faulty works.

6.17. All invoices for running payments as well as for final payments shall be submitted in
prescribed forms duly recommended by the PM/Engineer-in-Charge and supported by
detailed measurement of items of work in accordance with GCC Article 17.

6.18. Adjustment of final Contract sum shall be made in the last 3 (three) consecutive
running bill payment based on the final quantities against various items of work.
Adjustment shall also be made in the Contract sum due to variation in executed work, if
any, as per requirement of the OWNER in those 3 (three) last running bill payments.

FINAL PAYMENT

6.19. The final bill shall be submitted by the CONTRACTOR within 3 (Three) months from
the date of completion of the Work accompanied by:
(a) Completion certificate issued by the OWNER.
(b) No claim Certificate by the CONTRACTOR.
(c) Consumption Statement of steel and cement certified by the PM/Engineer-
in-Charge.
(d) Consumption Statement for all other imperishable materials like bricks,
electrical and sanitary fittings etc. for which advance has been given by the OWNER
as mentioned above in GCC Article 6.7 to 6.10.
(e) Original guarantee furnished by CONTRACTOR’s Suppliers for applicable
items and in favour of the OWNER.
Page 17 of 103
 GCC 2023
(f) Bank guarantee for DLP by the CONTRACTOR.
(g) Test Certificate for items and materials.
(h) Completion Drawing/Sketches of completed work as mentioned in
SCC/Technical Specifications.

6.20. The final bill shall be submitted by the CONTRACTOR along with all documents with
completeness in the specified manner and format within three months of physical
completion of the work or within one month of the date of the final certificate of completion
furnished by the OWNER whichever is earlier. No further claims shall be made by the
CONTRACTOR after submission of the final bill and these shall be deemed to have been
waived, extinguished and non-arbitrable.

GENERAL TERMS OF PAYMENT

6.21. Sub-Contracts Payment in Composite Contract

In case main CONTRACTOR fails to make the payment to the Sub-contractor associated
by him, within 15 days of receipt of each running account payment, then on the written
complaint of Sub-contractor, PM/Engineer in charge shall serve the show cause notice to
the main CONTRACTOR and if reply of main CONTRACTOR either not received or found
unsatisfactory, he may make the payment directly to the Sub-contractor as per the terms
and conditions of the agreement drawn between main CONTRACTOR and Sub-contractor.
Such payment made to the Sub-contractor shall be recovered by the OWNER from the
next RAR Bill/ Final Bill due to main CONTRACTOR as the case may be.

6.22. All payments to the CONTRACTOR shall be made through Electronic Fund Transfer
(EFT) only, based on the details submitted by the CONTRACTOR.

6.23. Bank Guarantee Bond only from scheduled commercial banks shall be
accepted, however for strategic work, foreign bank shall not be permitted.

6.24. In case of part acceptance of the Work, the PM/ Engineer-in-Charge shall
have the right to release payment for that part of the Work.

6.25. Acceptance of the Work without fulfilling all the obligations mentioned under
rates and measurement in Technical Specifications shall be considered as part
acceptance of Work.

6.26. Any interim certificate given relating to work done or materials delivered, may
be modified or corrected by any subsequent interim certificate or by the final certificate.
No certificate of the PM/ Engineer- in-Charge supporting an interim payment shall
itself be conclusive evidence that any work or materials to which it relates is/are in
accordance with the Contract.

6.27. In case of the delayed Work beyond the scheduled completion period, pending
consideration of extension of time of completion if it had been requested by the
CONTRACTOR, interim payments shall continue to be made as herein
above provided without prejudice to the right of OWNER to take action under the
terms of Contract for delay in completion of Work, if the extension of time is not
granted by the OWNER or extension of time is granted with levy of compensation.

6.28 Payment of taxes

6.28.1. GST applicable upon on account payment shall be paid/reimbursed to the
CONTRACTOR along with such payments, on production of satisfactory documentary
evidence by the CONTRACTOR.
Page 18 of 103
 GCC 2023
6.28.2. Notwithstanding anything to contrary contained in the Contract, the
CONTRACTOR’s right to payment under the Contract is subject to issuance of valid tax
invoice, payment of applicable GST to the credit of appropriate Government and
submission of valid particulars of tax invoice under GST returns in accordance with
GST Law.

6.28.3. The CONTRACTOR shall issue tax invoices, file appropriate returns, and deposit
the applicable GST to the account of appropriate government within the time limit
prescribed under the GST Law. In the event of any default,the CONTRACTOR shall be
liable to pay any penalty/demand raised on the OWNER due to default by
CONTRACTOR, and the same shall be recovered/CONTRACTOR shall make good the
loss.

6.28.4. The CONTRACTOR shall be responsible for the issuance of e-way bill and other
compliances relating to e-way bill as per GST law.

6.29. Overpayments and Underpayments

6.29.1. Wherever any claim for the payment of a sum of money to the OWNER arises
out of or under this Contract against the CONTRACTOR, the CONTRACTOR upon
demand by the OWNER or by the PM/Engineer-in-Charge on behalf of the OWNER, with
explanation of the reasons for such a sum/ claim becoming due, shall forthwith pay the
same to the OWNER. If the CONTRACTOR fails to do so within twenty-one (21) days of
such a claim, then the same may be deducted by the OWNER from any sum then
due or which at any time thereafter may become due to the CONTRACTOR under this
Contract or from any other sum due to the CONTRACTOR available with the
OWNER or the Government or any other Accepting officer contracting through the
OWNER’s Organisation.

6.29.2. The OWNER reserves the right to carry out post payment audit and technical
examination of the final bill including all supporting vouchers, abstracts, etc. The
OWNER further reserves the right to enforce and recover any overpayment when
detected.

6.29.3. Any amount due to the CONTRACTOR under this Contract for underpayment
may also be adjusted up to the Final Bill against any amount then due from the OWNER
to the CONTRACTOR.

6.30. If the CONTRACTOR, having been called upon by the OWNER to furnish initial
Security Deposit, fails to do so within the specified period, it shall be lawful for the OWNER
at its discretion to annul the award and enforce Earnest Money Deposit/ Declaration (in
lieu of forfeiture of the Earnest Money), besides taking any other administrative punitive
action.

6.31. If the CONTRACTOR during the currency of the Contract fails to maintain the
requisite Security Deposit and Retention Money, it shall be lawful for the OWNER at its
discretion to terminate the Contract for Default besides availing any or all contractual
remedies provided for breaches/ default, or without terminating the Contract recover from
the CONTRACTOR the amount of such Security Deposit and Retention money by
deducting the amount from the pending bills of the CONTRACTOR under the Contract or
any other Contract with the OWNER or the Government or any other Accepting officer
contracting through the OWNER’s Organisation.

RECOVERIES FROM SECURITIES

Page 19 of 103
 GCC 2023
6.32. The OWNER shall be entitled, and it shall be lawful on his part,
(a) to deduct from the securities or to forfeit the said security in whole or in part in
the event of;
i) any default, or failure or neglect on the part of the CONTRACTOR in the
fulfilment or performance in all respect of the Contract under reference or any
other Contract with the OWNER’s Organisation or any part thereof;
(ii) for any loss or damage recoverable from the CONTRACTOR which the
OWNER may suffer or be put to for reasons of or due to above defaults/ failures/
neglect;
(b) and in either of the events aforesaid to call upon the CONTRACTOR to
maintain the said security at its original limit by making further deposits, provided
further that the OWNER shall be entitled, and it shall be lawful on his part, to recover any
such claim from any sum then due or which at any time after that may become due to the
CONTRACTOR for similar reasons.

ARTICLE – 7: TAXES AND DUTIES

7.1 Except as otherwise specifically provided in the Contract, the CONTRACTOR shall
be liable and responsible for the payment of all taxes, duties, levies and charges
imposed on the CONTRACTOR, its Sub-contractors and those imposed on the
CONTRACTOR’s equipment, materials, supplies and services to be used in the
performance of the Contract or furnished under the Contract and OWNER shall not
entertain any claim whatsoever in this respect.

7.2 All Bank Charges, taxes, duties and all other charges in connection with
payment to be made to the CONTRACTOR and in connection with Bank
Guarantee Bond/ Securities shall be borne and paid by the CONTRACTOR.

7.3 The CONTRACTOR shall be entirely responsible for all taxes, duties, fees, levies
etc., incurred until completion of work and Defect Liability Period (DLP).

7.4. If applicable under relevant tax laws and rules, the OWNER shall deduct from all
payments and deposit required taxes to respective authorities on account of GST
Reverse Charge Mechanism; Tax Deducted at Source (TDS), and Tax Collected at Source
(TCS) relating to Income Tax, labour cess etc.

7.5. Payment of GST under the contract

7.5.1. The supply of Goods or Services or both, if imported into India, shall be considered
as supply under inter-state commerce/ trade and shall attract integrated tax (IGST).
The IGST rate and GST cess shall be applicable on the ‘Custom Assessable Value’ plus
the ‘Basic Customs duty applicable thereon’.

7.5.2. While claiming reimbursement of duties, taxes etc. (like GST) from the OWNER, as
and if permitted under the Contract, the CONTRACTOR shall also certify that in case it
gets any refund out of such taxes and duties from the concerned authorities at a later
date, it (the CONTRACTOR) shall refund to the OWNER, their share out of such
refund received by the CONTRACTOR. The CONTRACTOR shall also refund the
appropriate amount to the OWNER immediately on receiving the same from the concerned
authorities.

7.5.3. All necessary adjustment vouchers such as Credit Notes/ Debit Notes for any short/
excess works or revision in prices or any other reason under the Contract shall be
submitted to the OWNER in compliance with GST provisions.

Page 20 of 103
 GCC 2023
7.5.4. Liquidated damages or any other recoveries should be shown as deductions in the
running/final bill.

7.5.5 OWNER shall not be responsible for the CONTRACTOR's tax payment or duty under
a misapprehension of the law.

7.6. Statutory Variation:

7.6.1. Unless otherwise stated in the Contract, statutory increase in applicable GST rate
only during the original Contract period shall be to OWNER account. Any increase
in the rates of GST beyond the original completion date during the extended
completion period shall be borne by the CONTRACTOR for which CONTRACTOR
alone is responsible for delay as determined by the OWNER. The benefit of any
reduction in GST rate must be passed on to the OWNER during the original and
extended completion period.

7.6.2. Further, in case of any variation in the rates of the GST after the last date of bid
submission, the same shall be paid / reimbursed to / recovered from the
CONTRACTOR subject to submission of documentary evidence.

7.8. Duties/ Taxes on Materials

The OWNER is not liable for any claim from the CONTRACTOR on account of
fresh imposition and/ or increase (including statutory increase) of GST, customs duty,
or other duties on raw materials and/ or components used directly in the manufacture
of the contracted Goods taking place during the pendency of the Contract unless such
liability is expressly agreed to in terms of the Contract.

7.9 Customs Duty

Custom Duty Exemption Certificate will not be issued by the OWNER for components/raw
materials imported by the Bidder/CONTRACTOR. Bidder shall quote amount inclusive of
custom duty as applicable.

7.10. The CONTRACTOR shall deposit royalty and obtain necessary permit for supply
of the red bajri, stone, kankar, sand and all other quarried material etc. from local
authorities.

7.11. If pursuant to or under any law, notification or order any royalty, cess or the like
becomes payable by the OWNER and is not paid by the CONTRACTOR to the State
Government, Local authorities in respect of any material used by the CONTRACTOR in
the work(s), then in such a case, it shall be lawful to the OWNER and it will have
the right and be entitled to recover the amount paid in the circumstances as aforesaid from
dues or Securities of the CONTRACTOR.

7.12. 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
same by a duly authorized representative of the OWNER and/or the PM/Engineer-in-
Charge and shall also furnish such other information/document as the PM/Engineer-in-
Charge may require from time to time.

7.13. The CONTRACTOR shall himself be aware and well informed of all the applicable
laws, notifications, rules, circulars and other communications of the State or Central or
other authorities with regard to levy of any tax, duty, cess, levy or fee etc., which in any
manner may impinge upon him in performance of any obligations/responsibilities under or
arising out of the Contract.
Page 21 of 103
 GCC 2023
7.14. The CONTRACTOR shall, within a period of 30 days of the imposition of any such
further tax or levy or cess, or variation or repeal of such tax or levy or cess give a written
notice thereof to the PM/Engineer-in-charge that the same is given pursuant to this
condition, together with all necessary information relating thereto.

7.15. If the CONTRACTOR intends to engage itself in quarrying or mining of soil/earth,

sand, stone/aggregates, metals, minerals or minor minerals required for the work(s), as
the case may be, it shall obtain necessary permits under the applicable law for such mining
or quarrying from the State/Central Government authorities and pay the fee or charges
applicable thereto.

7.16. The Contract Price shall be inclusive of any Royalties or Cess or other charges
payable on the quarried or mined metal, minerals or minor minerals paid to the statutory
authorities.

7.17. The CONTRACTOR shall submit followings to the OWNER during execution of the
work: -
(a) In case the CONTRACTOR is the primary license holder of the quarry /
mines:
(i) Vehicle wise challan / transit permit and proof of payment of
royalty, and
(ii) Any other document required as per the relevant Acts / Rules
of the concerned state.

(b) In case the CONTRACTOR is the purchaser of soil/earth, sand,

stone/aggregates, metals, minerals or minor minerals:
(i) Purchase voucher and vehicle wise challan / transit permit and proof
of payment of royalty, and
(ii) Any other document required as per the relevant Acts / Rules of the
concerned state.

7.18. In case the CONTRACTOR fails to provide the required proof of royalty payment
with the RA bill then an amount based on the prevailing rates of the royalty shall
be deducted from the respective RA bill, which shall be refunded to the
CONTRACTOR on submission of proof of royalty payment. However, if the
CONTRACTOR fails to provide the proof of royalty payment within a period of 60
days from the date of RA bill, the OWNER or his authorized representative shall
issue a notice to the CONTRACTOR giving 30 days’ time for submission of the
proof of royalty payment. In case of non-submission of the proof of payment of
royalty by the CONTRACTOR, the amount so deducted shall be deposited to the
concerned authority.

7.19. The CONTRACTOR shall pay and indemnify the OWNER against any default in
payment of Royalties or Cess or other charges by the CONTRACTOR or the
agency from which the CONTRACTOR purchases soil/earth, sand,
stone/aggregates, metals, minerals or minor minerals etc.

7.20. If a new tax, duty or levy is imposed under the statute or law in India after the last
date of bid submission and the Contractor becomes liable there under to pay and
actually pays the said new tax, duty or levy for bonafide use on the work(s)
contracted, the same shall be reimbursed to the Contractor against documentary
evidence of proof payment, provided that the amount thus claimed is not
paid/payable under price variation provision of the Contract.
Page 22 of 103
 GCC 2023
7.21. The payment / reimbursement of statutory variations in the rates of tax and/or of
new tax, duty or levy imposed under statute or law in India as per GCC Article- 7.6,
would be restricted only to direct transactions between the OWNER and the
CONTRACTOR.

ARTICLE – 8: RESPONSIBILITY OF THE OWNER

8.1. Handing over of Site

8.1.1. The OWNER shall make available Site to the CONTRACTOR, free of encumbrance
as soon as possible after the award of the Contract. The CONTRACTOR shall not
be permitted to enter on (other than for inspection purposes) or take possession of
the Site until instructed to do so by the PM / Engineer-in-Charge in writing.
8.1.2. The OWNER reserves the right to hand over the Site in parts progressively to the
CONTRACTOR. The CONTRACTOR will be required to take possession of
the Site without any undue delay and do work on the released fronts in parts without
any reservation whatsoever.

8.1.3. However, in case of any delay in handing over of the Site to the CONTRACTOR,
which delays the performance of the Work, commensurate to the resources
mobilised by the CONTRACTOR, then the CONTRACTOR will be eligible for
suitable extension in time for completion of the Work as per the provisions of GCC
Article 4.

8.1.4. The portion of the Site to be occupied by the CONTRACTOR shall be indicated by
the PM/Engineer-in-Charge at Site and the CONTRACTOR shall on no account be
allowed to extend his operations beyond these areas. Further, the CONTRACTOR
shall not hinder in any way the working of other CONTRACTORs on the Site.

8.1.5. The CONTRACTOR shall provide, if necessary, all temporary access to the Work
Site and shall alter, adapt and maintain the same as required from time to time and
shall take up and clear them away as and when no longer required and, as and
when instructed by the PM/Engineer-in-Charge and make good all damage done to
the Site.

8.1.6. The CONTRACTOR shall be permitted to use all available access roads for the
purposes of the Contract. If any damage is done to such roads and associated areas
like drains, culverts, etc. by the CONTRACTOR, the same shall be made good by
the CONTRACTOR at his own cost, as directed by the PM/Engineer-in-Charge.

8.2. Admission to Site

The OWNER reserves the right of taking over, at any time, any portion of the Site which
it may require and the CONTRACTOR shall at his own expense clear such portion
forthwith.

8.3. The OWNER shall furnish to the CONTRACTOR working drawings and sketches,
or as specified in the Contract, and instructions for execution of the works.
8.4. The OWNER shall inspect the works and witness the tests where conducted.
8.5. The OWNER shall not be responsible to fulfil his obligations in time if such
obligations are dependent on CONTRACTOR’s submissions in time and where the
CONTRACTOR has failed to do so.

Page 23 of 103
 GCC 2023
8.6. The OWNER shall facilitate to get the entry passes issued to the CONTRACTOR
and his employees and workers to work within any restricted area.

8.7. The CONTRACTOR shall submit his proposal to the PM / Engineer-in-Charge,

within 02 (Two) weeks from the date of issue of the Letter of Intent (LOI), about his
exact requirement of space for offices for his personnel and PM/ Engineer-in-
Charge etc., storage area, pre-assembly and fabrication areas, labour and staff
colony area (land, if available), etc. The above requirement shall be reviewed by the
PM / Engineer-in-Charge and space as decided by him will be allotted for his use
as well as his Sub-contractor’s use, for the work during the Contract period. The
CONTRACTOR shall not carry out any other commercial activities on such allotted
land/space.

8.8. On completion of the Work, the CONTRACTOR shall handover the site / land /
space, duly cleaned & cleared, to the PM / Engineer-in-Charge. Until and unless the
CONTRACTOR has handed over the vacant possession of site / land / space
allotted to him for the above purpose, the payment of his final bill shall not be made.
The CONTRACTOR shall not be allowed to occupy the site / land / space after
completion of Work. However, PM / Engineer-in-Charge, based on
CONTRACTOR’s proposal, shall approve the requirement of land / space for Defect
Liability Period.

ARTICLE – 9: OBLIGATIONS OF THE CONTRACTOR

9.1. The OWNER shall have authority to execute other works (whether or not in
connection with the Work) at the Site contemporaneously with the execution of
Works. The CONTRACTOR shall share the common facilities for such purpose.

9.2. In order to ensure that the contract Work is executed strictly in accordance with the
contract and in time, the CONTRACTOR shall have the following obligations at no
extra cost to the OWNER in addition to such other obligations and responsibilities
as have been specified elsewhere in the contract: -

(a) Arrange for testing of water, soil, concrete, all construction material etc. as
per QA/QC plan and as directed by the PM/ ENGINEER-in-Charge.

(b) Provision of adequate numbers of construction plants and machinery

including mechanised system of construction, handling and transportation as
defined in Contract.

(c) Provide special magazine at site for storage of explosive for which
requisite licence shall be obtained from the concerned authorities.

(d) Provide adequate Safety, Health & Environment (SHE) and obligatory provisions
for work and workmen.

(e) Clearance of the site of all rubbish, debris, vats, tanks, materials, labour huts,
temporary structures, plant & machinery, scaffolding & filling of all pits,
excavation & hand over the site in clean condition to the OWNER.

(f) Opening up of covered work(s) if instructed by the PM / Engineer-in-Charge, if

such covering was done before inspection by the PM / Engineer-in-Charge.

Page 24 of 103
 GCC 2023
9.3. The CONTRACTOR shall give notices and all necessary permits and approval as
may be required for the Contract Work and shall pay for all such permits and
approval at his own cost.

9.4. The CONTRACTOR shall take reasonable precautions to prevent his workmen or
any other person from taking away of materials or damaging any articles or things
or work and protect the same. The CONTRACTOR shall make good such removal
or damage of the articles or things or work at his own cost.

9.5. Time at large

If the Work is not contemplated to be completed before date of completion as per
contract, the CONTRACTOR has to avoid immediately the time at large situation
and shall give notice/apply to the OWNER for the Extension of Time (EOT) at least
60 days prior to stipulated date of completion in the contract.The OWNER shall
extend the currency of agreement and set a time limit for completion and make
extended time as essence of Contract.

9.6. Temporary / Enabling Works

9.6.1. The siting and nature of all temporary site offices, store, godown, fabrication yard,
stack yard, temporary access road to the work areas, temporary access tracks to
work areas, sumps, and all other Temporary / Enabling Works as may be required
for the proper execution of the Works shall be subject to the approval of PM /
Engineer-in-Charge. These Works shall be executed by the CONTRACTOR without
any extra cost to the OWNER.

9.6.2. All equipment, labour, materials including cement, reinforcement and the structural
steel required for the Temporary / Enabling Works associated with the entire
Contract shall have to be arranged by the CONTRACTOR only. Nothing extra shall
be paid to the CONTRACTOR on this account and the price quoted by the
CONTRACTOR on this account and the price quoted by the CONTRACTOR for
various items in the Schedule of Quantities shall be deemed to include the cost of
these enabling Works.

9.6.3. The CONTRACTOR shall plan & execute the Work as per available roads at Site.
Wherever, the access roads near to the Work Site are not available, the
CONTRACTOR shall make his own arrangement for temporary approach to the
Work Site including borrow/disposal areas and for movement of men, machinery,
other equipment etc. required for carrying out the Work(s) included under this
Contract. All temporary drainage of Works area and all weather temporary
truckable/haulage roads as required by the CONTRACTOR shall be constructed
and maintained during the construction period by the CONTRACTOR at his own
cost.

9.8. Urgent Works

In the event of any Urgent Work becomes necessary for progress and completion
of this particular Work and the CONTRACTOR is unable or unwilling at once to carry
it out, the PM / Engineer-in-Charge may by his own or other means carry it out as
he may consider necessary, the expenses thereof will be borne by the
CONTRACTOR.

9.9. Changes in Constitution/ financial stakes/ responsibilities of Contractor’s

Business

Page 25 of 103
 GCC 2023
The CONTRACTOR must proactively keep the OWNER informed of any changes in its
constitution/ financial stakes/ responsibilities during the execution of the Contract.

9.9.1. Partnership firm

Where the CONTRACTOR is a partnership firm, the following restrictions shall apply
to changes in the constitution during the execution of the Contract: -
(a) A new partner shall not be introduced in the firm except with the previous consent
in writing of the OWNER which shall be granted only upon execution of a written
undertaking by the new partner to perform the Contract and accept all liabilities
already incurred by the firm under the Contract before the date of such undertaking.

(b) On the death or retirement of any partner of the “CONTRACTOR firm” before the
complete performance of the Contract, the OWNER may, at his option, terminate
the Contract for default as per the Contract and avail any or all remedies thereunder.

(c) If the Contract is not terminated as provided in sub-article (b) above

notwithstanding the retirement of a partner from the firm, that partner shall continue
to be liable under the Contract for acts of the firm until a copy of the public notice
given by him under Section 32 of the Partnership Act, has been sent by him to the
OWNER in writing or electronically.

9.9.2 Proprietorship firm

Without prejudice to any of the rights or remedies under this Contract, if the
CONTRACTOR dies, the OWNER shall have the option of terminating the Contract
without compensation to the CONTRACTOR.

OBLIGATION TO MAINTAIN ELIGIBILITY AND QUALIFICATIONS

9.10. The Contract is awarded to the CONTRACTOR based on specific eligibility and
qualification criteria. The CONTRACTOR is contractually bound to maintain such
eligibility and qualifications during the execution of the Contract. Any change which would
vitiate the basis on which the Contract was awarded to the CONTRACTOR should be pro-
actively brought to the notice of the OWNER within 7 days of it coming to the
CONTRACTOR’s knowledge. These changes include but are not restricted to change
regarding declarations made by him in his bid regarding Eligibility Declaration.

9.11. Neither the CONTRACTOR nor his Sub-contractors or their personnel shall engage
in, either directly or indirectly during the term of this Contract, any business or
professional activities in India that would conflict with the activities assigned to them
under this Contract.

9.12. The CONTRACTOR shall not engage in, either directly or indirectly, after the
termination of this Contract, such business or professional activities with OWNER
or OWNER’s organisation.

CONSEQUENCES OF A BREACH OF OBLIGATIONS

9.13. Should the CONTRACTOR or any of its partners or its Sub-contractors or the
Personnel commit a default or breach of contract as per GCC Article 40, the
CONTRACTOR shall remedy such breaches within 21 days, keeping the OWNER
informed. However, at its discretion, the OWNER shall be entitled, and it shall be
lawful on his part, to treat it as a breach of contract and avail any or all
remedies thereunder. The decision of the OWNER as to any matter or thing
concerning or arising out of breach of contract on any question whether the
CONTRACTOR or any partner of the CONTRACTOR firm has committed a default
Page 26 of 103
 GCC 2023
or breach of any of the conditions of the contract shall be final and binding on the
CONTRACTOR.

PERMITS, APPROVALS AND LICENSES

9.14. Whenever the supply of materials and incidental works/ services requires that the
CONTRACTOR obtain permits, approvals, and licenses from any authorities,
it shall be the CONTRACTOR's sole responsibility to obtain these and keep
these current and valid. Any special requirement such as environmental clearance
etc. shall be as per SCC. If requested by the CONTRACTOR, the OWNER shall
make its best effort to assist the CONTRACTOR in complying with such
requirements in a timely and expeditious manner, without any dilution of the
CONTRACTOR’s responsibility in this regard.

CUSTODY AND RETURN OF THE OWNER’S MATERIALS/ EQUIPMENTS/

DOCUMENTS GIVEN TO CONTRACTOR.

9.15. Unless stipulated in the Contract, no asset / property / drawings / material / samples
/ equipment / utility shall be provided or loaned to the CONTRACTOR for the
performance of the Contract. Whenever such assets are required to be issued to
the CONTRACTOR (inter-alia in fabrication or design) as per the Contract, these
would be issued only as per SCC’s terms and conditions and against appropriate
safeguards (including Insurances, Bank Guarantee, Indemnity Bonds and Retention
Money etc.) specified therein. The CONTRACTOR shall use such property for the
execution of the Contract and no other purpose whatsoever.

9.16. The CONTRACTORs shall sign receipts for all tools, plants and materials or other
assets/ properties handed over to him by the OWNER. All such assets shall be
deemed to be in good condition when received by the CONTRACTOR unless he
has within twenty-four hours of the receipt thereof notified the OWNER to the
CONTRACTOR. Otherwise, he shall be deemed to have lost the right to do so at
any subsequent stage.

9.17. These assets shall remain the property of the OWNER, and the CONTRACTOR shall
take all reasonable care of all such assets. The CONTRACTOR shall be
responsible for all damage or loss from whatever cause caused while such assets
are possessed or controlled by the CONTRACTOR, staff, workmen or agents.

9.18. Where the CONTRACTOR insures such assets against loss or fire at the request
of the OWNER, such insurance shall be deemed to be by way of additional precaution
and shall not prejudice the liability of the CONTRACTOR as aforesaid.

9.19. The CONTRACTOR shall return all such assets in good order or repair, fair wear and
tear accepted, before the completion/ closure/ termination of the Contract and shall be
responsible for any failure to account for the same or any damage done to that as assessed
by the OWNER, whose decision shall be final and binding.

NOTICES TO LOCAL BODIES

9.20. The CONTRACTOR shall comply with and give all notices required under any
Governmental authority, instrument, rule or order made under any Act of
Parliament, State Laws or any regulation or bye-laws of any local authority relating
to the Work(s). He shall, before making any variation from the Contract drawings
Page 27 of 103
 GCC 2023
necessitated by such compliance, give to the PM/Engineer-in-Charge a written
notice giving reasons for the proposed variation and obtain the PM/Engineer-in-
Charge’s instructions thereon, in writing.

9.21. The CONTRACTOR shall pay and indemnify the OWNER against any liability in
respect of any fees or charges payable under any Act of Parliament, State laws or
any Government instrument, rule or order and any regulations or bye-laws of any
local authority in respect of the Work(s) and obligations under the Contract.

HUMAN RESOURCES

9.22. The CONTRACTOR for the purpose of the Contract shall engage/ employ adequate
number of key personnel in all areas such as design/ engineering (wherever
applicable), planning, scheduling, construction and carrying out of all maintenance
of his plant and equipment, including competent & skilled work force as detailed in
the Contract and also as directed by the PM / Engineer-in-Charge, if so required as
per site condition. The PM/Engineer-in-Charge will approve any proposed
replacement of such key personnel including work force only if their qualifications,
experience, competence and capabilities are substantially equal to or better than
those personnel originally identified and approved by the PM / Engineer-in-Charge.

9.23. The CONTRACTOR shall, unless otherwise provided in the Contract, make his own
arrangement for engagement of all staff and labour, local (if not prohibited for some
particular work in the Contract) or otherwise and for their payment, housing,
transport, lodging and welfare as may be required by law and or by industry practice.
The CONTRACTOR shall provide the PM/Engineer-in-Charge a return in detail in
such form and at such intervals as he may reasonably prescribe showing the staff
and number of the several classes of labour and other staff from time to time
employed by the CONTRACTOR at site or in connection with the Work along with
such information as the PM/Engineer-in-Charge may reasonably require.

9.24. CONTRACTOR’s labour Regulations

During the entire period of Contract, the CONTRACTOR and his Sub-contractors shall, at
all times abide by all existing and as amended time to time labour enactments, rules made
therein, regulations, notifications and bye-laws by the appropriate government, local
authority or any other labour laws or notification that may be issued under any labour law
published by the State or Central Government or Local Authorities.
CONTRACTOR’s Labour Regulations shall be as per Annexure -A (RDCE
CONTRACTOR’s Labour Regulations).

COOPERATION WITH OTHER CONTRACTORS / AGENCIES

9.25. The CONTRACTOR shall extend all reasonable cooperation to other

CONTRACTORs, Agencies etc. of the OWNER engaged in connection with the Work or
any other Work not in the scope of this Work as may be required by the PM/Engineer-in-
Charge.

9.26. The CONTRACTOR shall attend at his cost, all the meetings with the OWNER, other
CONTRACTORs and the Consultants of the OWNER for the purpose of the
Contract. The CONTRACTOR shall attend such meetings as and when required by the
OWNER.

TREASURE, TROVE, FOSSILS etc.

Page 28 of 103
 GCC 2023
9.27. All fossils, oil and precious metals and other minerals, precious stones, coins, article
of value of antiquity and structures and other remains and things of geological or
archaeological interest discovered at Site of works shall be notified by the
CONTRACTOR immediately to the OWNER for onward intimation to the concerned
authorities and shall be the absolute property of the OWNER. The CONTRACTOR
shall take reasonable precautions to prevent his workmen or any other person from
removing or damaging any such article or thing and protect the same as per the
instruction of OWNER.

PROTECTION OF TREES

9.28. Trees designated by the PM/Engineer-in-Charge shall be protected from damage

during the course of works and sufficient earth level around each such tree shall not
be disturbed. Where necessary, such trees shall be protected by providing
temporary fencing at the cost of the OWNER.

SECURITY WATCH AND LIGHTING

9.29. The CONTRACTOR shall provide and maintain at his own expense and without any
extra cost to the OWNER all lights, guards, fencing and watch & ward when and
where necessary or required by the PM / Engineer-in-Charge for the protection of
all building / structures, equipment and materials under their custody or for the
safety and convenience of those employed on the Works or the public at Site of the
work.

PREVENTION OF POLLUTION
9.30. The CONTRACTOR shall make necessary arrangement to prevent pollution of the
water in any adjacent water bodies including stream, springs, nallah, river and lakes etc.
The CONTRACTOR shall be solely responsible and liable for all damage caused by any
pollution that may take place during the execution of the Work. CONTRACTOR shall also
make necessary arrangement to prevent air pollution, land pollution (Top Soil) and sound
pollution generated by execution of the Work(s) and follow Bye-Laws of state pollution
control authorities & Central Pollution Control Board (CPCB).

EXPLOSIVES
9.31. Permission for the transportation, storage and use of explosives shall be obtained
from the appropriate authority as directed by the OWNER and all explosive materials shall
be used only by valid licenced blaster under close supervision. It shall be the responsibility
of the CONTRACTOR to seek and obtain any necessary permits, and to ensure that the
requirements of the authorities are complied with, in all respects. Failure to do so may
result in the OWNER withdrawing permission to use explosives. The indemnification
provided for, under the General Condition of Contract(GCC) shall include indemnification
against claims in respect of any incident arising from the use of explosives.

TRAINING OF APPRENTICES
9.32. The CONTRACTOR shall, during the Contract,engage qualified, experienced and
trained workmen for execution of work as per requirement and as directed by the PM /
Engineer-in-Charge.

DISMANTLED MATERIALS OWNERSHIP

9.33. The CONTRACTOR shall treat all materials obtained during dismantling of a
Government structure, excavation of the site for a work, etc. (unless otherwise specified in
the Contract), as Government's property and such materials shall be disposed off to the

Page 29 of 103
 GCC 2023
best advantage of Government according to the instructions in writing issued by the
PM / Engineer-in-Charge.

LIABILITY FOR DAMAGES, DEFECTS OR IMPERFECTIONS AND RECTIFICATION

THEREOF
9.34. The CONTRACTOR shall comply with the provisions of the Contract and with the
care and diligence to execute and maintain the Work(s) and provide all labour and
materials, 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.

9.35. The CONTRACTOR shall not make any alteration, in addition to or omission from
the Work(s) as described in the Contract except in pursuance of the written instructions of
the OWNER.

9.36. If the CONTRACTOR or his workmen or employees shall injure or destroy any part
of the building / structure in which they may be working or any building, road, fence,
enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or
grassland, or cultivated ground etc. contiguous to the premises on which the Work or any
part of it is being executed, or if any damage shall happen to the Work by the virtue of the
work executed by the CONTRACTOR while in progress, the CONTRACTOR shall upon
receipt of a notice in writing on that behalf make the same good at his own expense. If it
shall appear to the PM/Engineer-in-Charge at any time during construction or re-
construction or prior to the expiration of the Defects Liability Period, that any work has been
executed with unsound, imperfect or unskilled workmanship or that any materials (Civil
and/or MEP) or articles provided by the CONTRACTOR for execution of the Work are
unsound or of a quality inferior to that contracted for, or otherwise not in accordance with
the Contract, or that any defect, shrinkage or other faults have appeared in the Work
arising out of defective or improper materials or workmanship, the CONTRACTOR shall,
upon receipt of a notice in writing in that behalf from the PM/Engineer-in-Charge, forthwith
rectify or remove and re-construct the Work so specified in whole or in part, as the case
may require or as the case may be, and/or remove the materials or articles so specified
and provide other proper and suitable materials (Civil and/or MEP) or articles at his own
expense, notwithstanding that the same may have been inadvertently passed, certified and
paid for and in the event of his failing to do so within the period to be specified by the
PM/Engineer-in-Charge in his notice aforesaid, the PM/Engineer-in-Charge may rectify or
remove and re-execute the Work and/or remove and replace with others, the materials or
articles notified of, as the case may be, deduct the expense from any sums that may be
due or at any time thereafter may become due to the CONTRACTOR, or from his
Performance Bank Guarantee or the proceeds of sale thereof or of a sufficient portion
thereof.

ARTICLE – 10: QUALITY OF WORK

QUALITY ASSURANCE PROGRAMME

10.1. Sampling, testing and quality assurance requirements are given in Technical
Specifications. Quality Assurance programme shall be submitted by the CONTRACTOR
and finalized within Two (02) weeks after the date of issue of the LOI.

Page 30 of 103
 GCC 2023
10.2. All costs associated with testing of materials required as per Technical Specifications
shall be deemed to be included in Contract rates/prices in the Schedule of Quantities. No
extra cost on account of it shall be paid to the CONTRACTOR.

10.3. The `Technical Specification and Quality Assurance’ shall specify inspections and
tests (including raw materials and / or stage inspections, if so specified) to be carried out
and where and how they are to be conducted. If such inspections and tests are conducted
in the premises of the CONTRACTOR or its Sub-contractor(s), all reasonable facilities and
assistance, including access to relevant drawings, design details and production data, shall
be furnished by the CONTRACTOR to the OWNER or his authorized representative, at no
charge to the OWNER.

INSPECTION, QUALITY ASSURANCE AND APPROVAL

10.4. Work to be Executed in Accordance with Specifications,Drawings,Orders etc.

The CONTRACTOR shall execute the whole and every part of the work in the most
substantial and workmen like manner both as regards to the materials 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 PM / Engineer-in-Charge. The CONTRACTOR shall be
furnished free of charge one copy of the contract documents together with specifications,
designs, drawings and instructions as per the standard specifications of Central Public
Works Department specified in BOQ 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 elsewhere in the Contract.

10.5. All Works embracing more than one stage shall be subject to examination and
approval at each stage thereof and the CONTRACTOR shall give due notice to the PM /
Engineer-in-Charge or his authorised representative when each stage is ready. In default
of such notice, the PM / Engineer- in-Charge shall be entitled to appraise the quality and
extent thereof.

10.6. No work shall be covered up or put out of view without the approval of the PM /
Engineer-in-Charge or his authorised representative and the CONTRACTOR shall provide
full opportunity for examination and measurement of any work which is about to be covered
up or put out of view and for examination of foundations before further work is placed
thereon. The CONTRACTOR shall give due notice to the PM/Engineer-in-Charge or his
authorised representative whenever any such work or foundation is ready for examination
and the PM/Engineer-in-Charge or his representative shall without unreasonable delay,
unless he considers it unnecessary and advises the CONTRACTOR accordingly, attend
for the purpose of examining and measuring such work or of examining such foundations.
In the event of the failure of the CONTRACTOR to give such notice he shall, if required by
the PM / Engineer-in-Charge, uncover such work at his own expense.

10.7. All works under or in course of execution or executed in pursuance of the Contract,
shall at all times be open and accessible to the inspection and supervision of the
PM/Engineer-in - charge, his authorized subordinates-in-Charge of the Work and all the
superior officers or any organization engaged by the Department for Quality Assurance
and of the Chief Technical Examiner's Office, and the CONTRACTOR shall, at all times,
during the usual working hours and at all other times at which reasonable notice of the visit
of such officers has been given to the CONTRACTOR, either himself be present to receive
orders and instructions or have a responsible representative duly accredited in writing,
present for that purpose. Orders given to the CONTRACTOR's representative shall be
considered to have the same force as if they had been given to the CONTRACTOR
Page 31 of 103
 GCC 2023
himself. The defects observed as a result of such technical examination shall be rectified
by the CONTRACTOR at his own cost, as notified by the PM/Engineer-in-Charge.
However, if the defects are not rectified, the devaluation of the work shall be carried out
and recovery thereon shall be affected as per Article 10.19 to 10.22 of the Contract.

TESTS AND INSPECTIONS

10.8. The OWNER and / or its authorised representative(s) shall, without any extra cost to
the OWNER, inspect and / or test the Work(s) and the Services to confirm their conformity
to the contract specifications and other quality assurance details incorporated in the
Contract.

10.9. As soon as certain equipment for incorporation in works is getting ready, the
CONTRACTOR shall submit a request for inspection to the OWNER or his authorised
representative who shall inform the CONTRACTOR in writing of its programme for such
inspection and the official’s identity to be deputed for this purpose.

10.10. The costs of tests and inspections (including any special or third-party tests),
whether at site or at the CONTRACTOR’s or manufacturing entity’s premises, shall be
borne by the CONTRACTOR. Also, in case of stipulation for type testing/ proto-type testing
of machinery and plant involving special tests, the cost shall be borne by the
CONTRACTOR.

10.11. Under no circumstances, the authorised representative of OWNER for inspection

shall have the authority to modify/change the Technical Specifications, approved Drawings
or samples during inspection without the OWNER’s approval.

10.12. Verification at the last moment

10.12.1 In cases where only a portion of the Work(s) of the Contract is proposed for
inspection at the last moments of the original completion period of Contract and also in
cases where inspection is not completed in respect of the portion of the Work(s) proposed
for inspection during the completion period, the OWNER shall carry out the inspection and
complete the formality beyond the contractual time period at the specific written request by
and at the risk and expense of the CONTRACTOR. The fact that the material/works have
been inspected after the contractual completion period shall not amount to keeping the
Contract alive, and this shall be without any prejudice to the legal rights and remedies
available to the OWNER or CONTRACTOR under the terms & conditions of the Contract.

10.12.2 If the Work(s) proposed for inspection during or at the last moments of the
completion period are not found as per the Contract after carrying out the inspection, the
OWNER reserves the right to take action as per GCC Article-40 for breach of the Contract.
If the Work(s) proposed for inspection are found as per the Contract, the OWNER may
grant an extension of the completion period subject to conditions mentioned in GCC Article-
4.

10.13. All material and workmanship shall be of best quality available in the country and
shall be in accordance with the Technical Specification, Drawings and other instructions
issued to the CONTRACTOR as per the Contract.

10.14. If for any material or workmanship appropriate Indian Standards or codes are not
available or have not been adequately specified in the Technical Specifications, such
materials and workmanship shall conform to other suitable standards and codes as may
be approved by the PM / Engineer-in-charge.

Page 32 of 103
 GCC 2023
10.15. The CONTRACTOR shall take due care in achieving and maintaining tolerances
specified for various works.

10.16. The CONTRACTOR shall ensure provision of anti-termite and water proofing
treatment for foundations / basement / sunken portion / roof work and other specialized
works such as Under ground structure as detailed in BOQ through specialized agencies
as approved by the OWNER. These works shall carry a warranty of 05 (Five) years from
completion of contract and issue of completion certificate in this regard. Final payment
against anti-termite and water proofing work shall be released on production of Bank
Guarantee Bond / FDR for equal value of final payment due against these works valid for
a period of 05 (Five) years from issue of completion certificate.

Alternatively, agency may choose to submit Standing Bank Guarantee Bond / FDR for the
following values: -

Agencies Enlisted under Composite Category Value of Bank Guarantee

Bond / FDR
(i) Upto Rs. 60.00 lakhs Rs. 10.00 lakhs
(ii) Rs. 60.00 to Rs. 150.00 lakhs Rs. 20.00 lakhs
(iii) Rs. 150.00 lakhs to Rs.500.00 lakhs Rs. 50.00 lakhs
(iv) Rs. 500.00 lakhs to Rs.5000.00 lakhs Rs. 100.00 lakhs
(v) Rs. 5000.00 lakhs to Rs.10000.00 lakhs Rs. 200.00 lakhs
(vi) Rs. 10000.00 lakhs to unlimited Rs. 500.00 lakhs

Any defect noticed during this period shall be rectified within 30 days of written intimation
by the OWNER failing which the rectification shall be carried out by the OWNER out of
Bank Guarantee / FDR amount. The Bank Guarantee Bonds / FDR shall be released on
expiry of warranty period and satisfactory completion of rectification of defects and on
issuance of final “Acceptance Certificate” for these items by the OWNER.

10.17. The CONTRACTOR shall at his own expense, provide a material testing lab at the
Site for conducting routine field tests as per QA/QC plan. The Site lab shall be equipped
at least with the testing equipments as specified in Technical Specifications.

10.18. The PM / Engineer-in-Charge shall be entitled to have tests carried out at the
CONTRACTOR’s cost for all materials as specified in the Contract and supplied by the
CONTRACTOR.

REJECTION

10.19. If any work has been executed with unsound, imperfect or unskilful workmanship or
of a quality (related to work, material and / or design, if applicable) inferior to that specified
in the Contract, in respect whereof the decision of the OWNER or his authorised
representative shall be final and binding, the CONTRACTOR shall, on demand in writing
from the OWNER or his authorised representative specifying the fault notwithstanding
that the same may have been inadvertently 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, at his own expense; and in the event of his failing to do so within a period to be
specified by the OWNER or his authorised representative in his demand aforesaid, the
OWNER or his authorised representative may carry out the Work by other means at the
risk and expense in all respects of the CONTRACTOR. Alternatively, such work, if
technically/structurally acceptable, without detriment to the safety and utility of the item and
the structure may be permitted to be accepted as devalued and recovery shall be decided
by competent authority or he may reject the work outright without any payment and/or get
Page 33 of 103
 GCC 2023
it and other connected and incidental items rectified, or removed and re-executed at the
risk and expense of the CONTRACTOR. Whether any particular defect is due to unsound,
imperfect or unskilful workmanship or due to normal wear & tear or user's negligence,
decision of OWNER or his authorised representative shall be final and binding, provided
always that the liability of the CONTRACTOR under this condition shall not extend beyond
the Defects Liability Period except as regards to workmanship which the OWNER or his
authorised representative shall have previously given notice to the CONTRACTOR to
rectify.

10.20. Any materials, equipment, etc. brought to the site and found to be not in accordance
with the agreement, shall be rejected by the OWNER or his authorised representative and
the CONTRACTOR shall remove the materials from the site within 21 days of date of
intimation by the OWNER. All rejected material shall, in any event, and circumstances
remain and shall always be at the CONTRACTOR's risk immediately on such rejection. If
the CONTRACTOR does not remove such material within the period of 21 days of date of
intimation by the OWNER, the OWNER or his authorised representative may remove the
rejected material at the expense of the CONTRACTOR. The OWNER or his authorised
representative may either return the same to the CONTRACTOR at his risk and cost by
such mode of transport as it may decide or dispose of such material at the
CONTRACTOR's risk and on his account and retain such portion of the proceeds from
such disposal, as may be necessary to recover any expense incurred in connection with
such disposals (or any price refundable as a consequence of such rejection).

10.21. OWNER’s right of Rejection of Inspected works/material

Works & material accepted by the OWNER and/ or its representative at the initial inspection
and final inspection in terms of the Contract shall in no way dilute the OWNER’s right to
reject the same later if found deficient concerning ‘Technical Specifications and Quality
Assurance’.

10.22. The CONTRACTOR shall not be entitled to extra cost for rejection or any extension
of time as per GCC Article 4.

ARTICLE – 11: RESPONSIBILITY FOR COMPLETION

11.1 Any Work, Supplies or Services which might have not been specifically mentioned
in the specifications, schedule of items or drawings but are temporarily and urgently
required for entire completion of the work, shall be executed / provided / rendered by the
CONTRACTOR without any extra cost and within the time schedule specified. Rates
quoted shall be deemed to include such elements of labour and materials necessary to
complete the items of work in all respects.

11.2 Any permanent work or item not envisaged but necessary to execute the Contract
Work in completeness shall be carried out by the CONTRACTOR under instruction of the
OWNER. The rates for such Work / items of Work shall be determined in accordance with
GCC Article 15.

ARTICLE – 12: CONSTRUCTION POWER AND WATER SUPPLY

12.1 Unless otherwise stated in SCC, the CONTRACTOR shall make his own
arrangements for Power and Water Supply for Construction and Staff/ Labour colony. He
should make arrangements for storage of sufficient quantity of water required for at least
a day’s work.

Page 34 of 103
 GCC 2023
ARTICLE – 13: CONTRACTOR’S TEMPORARY SITE
OFFICE/WORKSHOP/STORE/CEMENT STORE ETC.

13.1 The CONTRACTOR shall, during the progress of the Works, provide erect and
maintain at his own expense all necessary temporary workshops, stores, offices for his
personnel as well as PM / Engineer-in-Charge etc., as are required for the proper and
efficient execution of the Work(s). The planning, siting and erection of these buildings shall
be approved by the PM/Engineer-in-Charge. These buildings shall at all times be kept tidy,
clean and sanitary condition to the entire satisfaction of the PM / Engineer-in-Charge and
at the CONTRACTOR’s expense. On completion of the Work(s) the whole of such
temporary buildings shall be cleared away and the Site reinstated, left clean and tidy to the
entire satisfaction of the PM / Engineer-in-Charge at the CONTRACTOR’s expense.

ARTICLE – 14: EXCLUSIONS

14.1 Unless otherwise specifically provided elsewhere in the Contract including
Technical Specifications, Drawings and Schedule of items, works / items of work to be
excluded from the scope of the Contract shall be clearly and specifically indicated in the
Bill of Quantity(BOQ) and other conditions of Contract.

ARTICLE – 15: DEVIATION, EXTENT AND RATES FOR EXTRA ITEMS

15.1. The OWNER shall have authority to deviate, subject to deviation limit as per SCC, in
following manner: -
(a) 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 advisable during the progress of the Work, and

(b) to omit a part of the Work(s) in case of non-availability of a portion of the Site or
for any other reasons and the CONTRACTOR shall be bound to carry out the works in
accordance with any instructions given to him in writing by the PM/ Engineer-in-Charge
and such alterations, omissions, additions or substitutions shall form part of the Contract
as if originally provided therein and any altered, additional or substituted work which the
CONTRACTOR may be directed to do in the manner specified above as part of the
Work(s), shall be carried out by the CONTRACTOR on the same conditions in all respects
including price on which he agreed to do the main Work except as hereafter provided.

15.2. The OWNER shall also have authority for following variations:
(i) Increase or decrease in the quantity of any work included in the BOQ of the
contract;
(ii) Omission of any item(s) included in the BOQ of the Contract;
(iii) Omission of any such work (but not if the omitted work is to be carried out
by the OWNER by another CONTRACTOR);
(iv) Change in the character or quality or kind of any such work;
(v) Change in the levels, lines, position and dimensions of any part of the
Work(s);
(vi) Additional work of any kind necessary for the completion of the Works; and
(vii) Change of the specified sequence or timing of construction of any part of
the Work(s).

15.3. The variation or additional work must be a necessary part within the scope of the
original works and should not completely change the scope/ character and purpose of the

Page 35 of 103
 GCC 2023
original Contract. The variation may result in additional or reduced payments to the
CONTRACTOR or there may be no price change at all.

15.4. Before a variation can be instructed by the PM/Engineer-in-Charge to the

CONTRACTOR, prior approval from the OWNER is needed. The rate/ price/ valuation
have to be agreed with the CONTRACTOR.

15.5. Any change in 'Good for construction' drawings shall be evaluated properly by the
CONTRACTOR and their full financial implications shall be worked out. In case there are
changes in ground levels from those shown in the approved drawings, they shall be agreed
in writing, jointly by the CONTRACTOR and PM/Engineer-in-Charge and reported to the
OWNER for considering whether any action lies against the survey and design consultant
for non-conformity of the levels as shown by him in the drawings and those actually
obtaining.

15.6. The time for completion of the works shall, in the event of any deviations resulting in
additional cost over the Contract value, if requested by the CONTRACTOR, be extended
justifiably & reasonably as per the Contract provisions and recommendation of the
PM/Engineer-in-Charge. In the event of the CONTRACTOR failing to agree with the
PM/Engineer-in-Charge regarding the proposed alteration of extension of time, the
objection shall be referred to the OWNER whose, decision shall be final and binding.

15.7. In the case of extra item(s) (items that are completely new, and are in addition to the
items contained in the Contract), the CONTRACTOR may within 15 (fifteen) days of receipt
of order or occurrence of the item(s), submit claim rates, supported by proper analysis
which shall include item’s technical specification and / or Manufacturer's specification for
the work, invoices, vouchers etc. The PM/Engineer-in-Charge shall, after receipt of the
claims supported by analysis and after due consideration to the analysis of the rates
submitted by the CONTRACTOR, determine the rates on the basis of the market rates
approved by the OWNER and the CONTRACTOR shall be paid in accordance with the
rates so approved.
The Rate (s) of extra items so approved by PM/Engineer-in-Charge shall be final and
binding on the CONTRACTOR, and shall not be arbitrable.

15.8. In the case of substituted items (items that are taken up with partial substitution or in
lieu of items of work in the Contract), the rate for the Contract item (to be substituted) and
substituted item shall also be determined in the manner as mentioned in the following Para:
-

(a) If the market rate for the substituted item so determined is more than the
market rate of the Contract item (to be substituted), the rate payable to the CONTRACTOR
for the substituted item shall be the rate for the Contract item (to be substituted) so
increased to the extent of the difference between the market rates of substituted item and
the Contract item (to be substituted).
(b) If the market rate for the substituted item so determined is less than the market
rate of the Contract item (to be substituted), the rate payable to the CONTRACTOR for the
substituted item shall be the rate for the Contract item (to be substituted) so decreased to
the extent of the difference between the market rates of substituted item and the Contract
item (to be substituted).

15.9. Any work incidental to or necessarily has to be in contemplation of Tenderer/Bidder

while quoting 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
Page 36 of 103
 GCC 2023
deemed to be included in the rates quoted by theTenderer or the rate given in the said
schedule of rates, as the case may be. Nothing extra shall be admissible for such work.

15.10. No work that radically changes the original nature & scope of the Contract shall be
ordered as a Deviation and in the event of disagreement between the CONTRACTOR and
the OWNER, the matter will be dealt as per the GCC Article 42.

15.11. The rate for extra items / substitute items of work shall be arrived at as per the
following procedure: -
(a) The rate shall be established based on the market rates and taking into
account 15 % (Fifteen percent) over cost of labour and materials to cover overheads and
CONTRACTOR’s Profits. The norms followed by CPWD or MES, as may be approved by
the PM/ Engineer- in - charge with the concurrence of the OWNER regarding labour and
material content, shall be adopted for this purpose.
(b) Where the nature of extra items / substitute items is supply only item, the
CONTRACTOR shall be paid at market rate(s) plus 10% (Ten percent) to cover Overhead
and CONTRACTOR’s Profits.
(c) Where rates of extra item / work can neither be established by derivation
from the existing rates as per GCC Article – 15.7 above or by rate analysis as per GCC
Article-15.8, then the rate for such item / work shall be estimated and fixed by the
OWNER/PM/Engineer-in-Charge on ab-initio basis which shall be binding on the
CONTRACTOR.
(d) Where the nature of extra items / substitute items / work is such that, it has
to be got executed through a specialised Agency, the Agency shall be proposed by the
CONTRACTOR as per Contract conditions and got approved by the OWNER on
recommendation of PM/Engineer-in-charge and decision of the OWNER regarding
appointment of the Agency and the rates shall be final and binding. In such cases, the
CONTRACTOR shall be paid at rate(s) approved for the Agency plus 10% (Ten percent)
to cover Overhead and CONTRACTOR’s Profits.

ARTICLE – 16: CONTRACT PRICE ADJUSTMENT

16.1 Contract Price adjustment, if any, shall be addressed as per SCC.

ARTICLE – 17: MEASUREMENT OF WORK

17.1 PM / 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 as per the format of
the Department, unless otherwise specified, so that a complete record is obtained of all
the items of works performed under the Contract. CONTRACTOR shall submit the soft
copy of the computerised measurement book for checking of the measurement and
calculation by the PM/Engineer-in-Charge. Then after the CONTRACTOR shall submit
hard bound copy of the computerised measurement book.

17.2 The CONTRACTOR shall, without extra charge, provide all assistance with every
appliance, labour and other things necessary for carrying out joint measurements/levels
by the PM / Engineer-in- Charge or his representative.

17.3 The CONTRACTOR shall give prior notice in writing well in advance to the
PM/Engineer-in-Charge or his authorized representative before covering up or otherwise
placing beyond the reach of checking and/or test checking the measurement of any work
Page 37 of 103
 GCC 2023
in order that the same may be checked and/or test checked and shall not cover up and
place beyond reach of measurement any work without consent in writing of the
PM/Engineer-in-Charge or his authorized representative who shall inspect the work, and if
any work is covered up or placed beyond the reach of checking and/or test checking
measurements without such notice having been given or the PM / Engineer-in-Charge's or
his authorized representative’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 materials with which the same was executed.

17.4 PM/Engineer-in-Charge or his authorized representative may cause either

themselves or through another officer of the Department to check the measurements
recorded by CONTRACTOR and all provisions stipulated herein above shall be applicable
to such checking of measurements or levels.

17.5 Checking and/or test checking the measurements of any item of the 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 nor shall it relieve the CONTRACTOR from liabilities from any over measurement
or defects noticed till completion of the Defects Liability Period.

17.6 Methods of Measurement

Measurement of Contract items of Work shall be taken in accordance with method of
measurement stipulated in the Technical Specifications/ Schedule of Quantities, Drawing
etc. In the case of items which are not covered by specifications, measurements shall be
taken in accordance with the applicable, relevant and latest 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 method, based on sound engineering practice
shall be followed. In case of extra items, the PM/Engineer-in-Charge shall also specify the
method of measurement for such items at the time of his order for execution of such extra
items.

17.7 Unless otherwise specified, measurement of work shall be carried out for the works
eligible, qualified as per Technical Specification, Drawings and actually executed
whichever is least for payments.

17.8 In measurement of work, the CONTRACTOR shall certify that the work has been
carried out strictly as per the Drawings, Specifications and item of work in terms of the
Contract. Such certificate shall require Site engineer’s endorsement for the purpose of
payment.

17.9 In the event of any dispute with regard to the measurement of the work executed,
the decision of the OWNER shall be final and binding on the CONTRACTOR and shall not
be arbitrable.

17.10 In the case of site measurements, if the CONTRACTOR does not attend or neglect
or fail to send his representative for taking joint measurements, the measurements taken
by the PM/Engineer-in-Charge shall be deemed to be the correct measurement of work
and shall be binding on the CONTRACTOR.

ARTICLE – 18: ENGINEER’S AUTHORITY

Page 38 of 103
 GCC 2023
18.1 OWNER/PM/Engineer-in-Charge shall be the communicating Authority and all
correspondence under this Contract shall be addressed to the OWNER with a copy to
PM/Engineer-in-Charge by the CONTRACTOR as per GCC Article-2.

18.2 The PM/Engineer-in-Charge shall have the full powers in respect of all the matters
in connection with or arising out of this Contract, excepting those specifically reserved for
the OWNER. However, the PM/Engineer-in-Charge shall not have any power to relieve the
CONTRACTOR of any of his obligations and responsibilities under the Contract.

18.3 The duties of the representative of the PM/Engineer-in-Charge are to watch and
supervise the Work(s) and to test and examine any materials to be used or workmanship
employed in connection with the Work(s). He shall have no authority to order any work
involving any financial liability to the OWNER.

18.4 The PM/Engineer-in-Charge may from time to time in writing delegate to his
representative any of the powers and authorities vested in the PM/Engineer-in- Charge
and shall furnish to the CONTRACTOR a copy of all such written delegation of powers and
authorities. Any written instruction or written approval given by the representative of the
OWNER to the CONTRACTOR within the terms of such delegation shall bind the
CONTRACTOR.

18.5 Failure of the Representative of the OWNER to disapprove any work or materials
shall not prejudice the power of the OWNER thereafter to disapprove such Work or
materials and to order the pulling down, removal or breaking up thereof.

18.6 If the CONTRACTOR shall be dissatisfied with any decision of the representative of
the OWNER he shall be entitled to refer the matter to the OWNER who shall there-upon
confirm, reverse or vary such decision.

18.7 PM/Engineer-in-Charge shall issue necessary drawings, sketches, specifications,

instructions, clarifications, etc. to the CONTRACTOR required for the execution of work
and also record instructions in site order book where called for compliance by the
CONTRACTOR. PM/Engineer-in-Charge shall have the authority to: -

(a) Make modification, alterations to the drawings / sketches etc. already supplied to
the CONTRACTOR.
(b) Increase / decrease the quantum of work specified in the schedule of items or to
omit item(s) of works and / or to order substitutions all as per approved deviation orders
mentioned in GCC Article 15.
(c) Inspect, test and examine all the materials and workmanship employed in
construction.
(d) Reject materials / workmanship not conforming to instructions / specifications /
drawings and to order for removal of rejected materials or pull down / dismantle defective
work (s).
(e) Enforce the provision of various updated statutory laws and regulations as per
Contract pertaining to labour, Health Safety Environment and construction works and
ensure their strict compliance by the CONTRACTOR.
(f) Give notice to the CONTRACTOR if any deficiency is found with regard to
adherence to accepted programme or sequence of work or delay in procurement of
material and labour or negligence on the part of the CONTRACTOR or his authorized
agent.
(g) Alter already agreed programme or sequence of work if found necessary at a later
date.

Page 39 of 103
 GCC 2023
(h) Remove from Site of works or from any other area or work related to the Contract,
any member of the CONTRACTOR personnel or work force who

(i) Persists in any misconduct or lack of care or

(ii) Performs his duties incompetently or negligently or otherwise carelessly.
(iii) Fails to conform with any provisions of the Contract or
(iv) Persists in any conduct which is prejudicial to the Safety, Health or protection
of the Work and Environment.
If appropriate, the CONTRACTOR shall appoint a suitable replacement maximum
in fourteen (14) days or within such period as may be agreed between the PM/Engineer-
in-Charge and the CONTRACTOR.
(j) Enforce any or all provisions in the Agreement to ensure that the work is carried out
by the CONTRACTOR strictly in accordance with the Agreement.
However, these do not absolve the CONTRACTOR from his responsibilities to carry out all
the works as per terms and conditions of the Agreement.

18.8 Access to Work

The OWNER, PM/ENGINEER-In-Charge and / or any person authorised by them shall at
all times have free access to the Work site and / or to the workshops, factories or other
places where materials are being prepared, manufactured, assembled or constructed for
the Contract Work and also to any place where materials are lying from where they are
being taken out, and the CONTRACTOR shall give every facility to them for inspection,
examination and testing of the materials and workmanship.

ARTICLE – 19: WORKING HOURS

19.1 Shift Work

19.1.1 To achieve the required rate of progress in order to complete the works within the
time for completion, the CONTRACTOR may carry on the work, round the clock, in multiple
shifts per day and on Sundays/Holidays, as may be necessary. The CONTRACTOR shall
however be responsible to comply with all applicable laws in this regard.

19.1.2 No claim of any compensation or additional payment will be admissible to the

CONTRACTOR on account of round the clock working in multiple shifts. These are
deemed included in quoted and Contract price.

19.1.3 Wherever the work is carried out at night, adequate lighting of working areas and
access routes for pedestrians or vehicles shall be provided by the CONTRACTOR at his
own cost.

19.2 In case work is required at night, the CONTRACTOR shall arrange additional
workmen at his own cost. He shall also make other arrangements necessary to carry out
the work properly at night.

19.3 Should it be necessary, the CONTRACTOR shall obtain necessary permission from
the authorities for night work and or working in shift. Sufficient notice should be given by
the CONTRACTOR to PM/Engineer-in charge so that necessary supervision could be
provided.

19.4 Working hour shall have to be followed in restricted areas/prohibited areas as per
permission granted and security guidelines of restricted areas/prohibited areas issued by
the Establishment/OWNER. If required the CONTRACTOR shall deploy additional

Page 40 of 103
 GCC 2023
manpower, equipment, plants, tools and tackles at no extra cost to complete the work in
stipulated time frame as per Contract.

ARTICLE – 20: DRAWINGS, SPECIFICATIONS, SCHEDULE OF ITEMS

20.1 Drawings, Specifications and Schedule of Quantities / items shall be treated as

supplementary to each other and should anything appear in the one that is not described
in the other, no advantage shall be taken by the CONTRACTOR for any such omission.
For such discrepancy / inconsistency the CONTRACTOR shall seek instructions from the
PM/Engineer-in-charge before proceeding with work and the clarification / decisions given
by the PM/Engineer-in-Charge shall be treated as final and binding on the CONTRACTOR.

20.2 All drawings, specifications, sketches, schedule of items, etc. furnished by the
OWNER shall be treated strictly confidential property of the OWNER. All such drawings,
specifications, sketches, schedule of quantities / items etc., shall be returned to the
OWNER upon the completion of the Contract Work. No copies, duplications or Photostat
shall be retained by the CONTRACTOR without the written consent of the OWNER.

20.3 CONTRACTOR shall furnish to the OWNER with 3 (three) sets of all catalogues,
literature, manuals, etc., in respect of applicable bought-out items incorporated in the
works.

20.4 The CONTRACTOR shall not himself make any changes in the drawings /
sketches, specifications and schedule of items issued by the PM/Engineer-in-Charge for
executing the Contract Work. If any error or omission is detected, he shall promptly bring
the same to the notice of the PM/Engineer-In-Charge for clarification / decision /
rectification and Work(s) shall be executed as per approved revised Drawings/sketches
including CONTRACTOR’s submission.

20.5 One (1) set of Contract, working drawings, specifications and schedule of quantities
/ items shall be available at the CONTRACTOR’s site office for reference by the
PM/Engineer-in-Charge.

20.6 The CONTRACTOR shall be provided with 02 (two) set of working drawings for
construction purposes.

ARTICLE – 21: CONTRACTOR’S REPRESENTATIVE

21.1 CONTRACTOR’s Representative

The CONTRACTOR shall appoint its Representative within fourteen (14) days of the date
of issuance of LOI or before start of Work whichever is earlier and shall request the
OWNER in writing to approve the person so appointed.

21.1.1 The CONTRACTOR's Representative shall be a regular Employee/ Partner/

Director only and the CONTRACTOR shall be required to submit a Power of Attorney
(POA) in original in favour of its Representative. Notarized photocopy of the Power of
Attorney shall be acceptable only if the Power of Attorney has been registered by the
CONTRACTOR. The OWNER may verify the photocopy of the Power of Attorney with the
Original and the CONTRACTOR shall be required to produce the original Power of
Attorney for verification, if required by the OWNER. The relation of the CONTRACTOR's
Representative with the CONTRACTOR such as Partner/ Employee/Director etc. should
be clearly brought out in the Power of Attorney.

Page 41 of 103
 GCC 2023
21.1.2 The CONTRACTOR’s Representative shall represent and act for the
CONTRACTOR at all times during the currency of the Contract and shall communicate
and provide to the PM/Engineer-in- charge all the CONTRACTOR’s notices, instructions,
information and all other communications under the Contract.

21.2 All notices, instructions, information and all other communications given by the
OWNER or the PM/Engineer-in-charge to the CONTRACTOR under the Contract shall be
given to the CONTRACTOR’s Representative or, in its absence, its deputy, except as
herein otherwise provided. The CONTRACTOR or its authorised Representative shall be
in attendance at the Site(s) during all working hours and shall superintend the execution of
the Work(s) with such additional assistance in each trade as the PM/Engineer-in-Charge
may consider necessary. Orders given to the CONTRACTOR's Representative shall be
considered to have the same force as if they had been given to the CONTRACTOR.

21.3 The CONTRACTOR shall not revoke the appointment of the CONTRACTOR’s
Representative without the OWNER’s prior written consent, which shall not be
unreasonably withheld. If the OWNER consents thereto, the CONTRACTOR shall appoint
some other person as the CONTRACTOR’s Representative.

21.4 The CONTRACTOR’s Representative may, subject to the approval of the OWNER
(which shall not be unreasonably withheld), at any time delegate to any person any of the
powers, functions and authorities vested in him or her. Any such delegation may be
revoked at any time. Any such delegation or revocation shall be subject to a prior notice
signed by the CONTRACTOR’s Representative, and shall specify the powers, functions
and authorities thereby delegated or revoked. No such delegation or revocation shall take
effect unless and until a copy thereof has been delivered to the OWNER and the
PM/Engineer-in-charge.

21.5 The OWNER may by notice to the CONTRACTOR object to any representative or
person employed by the CONTRACTOR in the execution of the Contract who, in the
reasonable opinion of the OWNER, may behave inappropriately, may be incompetent or
negligent, or may commit a serious breach of the Safety regulations provided under GCC
Article 34.
The OWNER shall provide evidence of the same, whereupon the CONTRACTOR shall
remove such person from the Site/Works.

21.6 In case any of the information/declaration/undertaking provided by

CONTRACTOR/CONTRACTOR's Representative is found to be false and/or the
CONTRACTOR/CONTRACTOR's Representative suppresses any relevant information at
any stage, the CONTRACTOR will be liable for actions in terms of provisions of the
Contract pertaining to “CORRUPT OR FRAUDULENT PRACTICES”.

21.7 The CONTRACTOR shall provide necessary competent and experienced personnel
to assist his Representative at site for superintendence as mentioned in the Contract during
the execution of Work and / or as long as thereafter PM/ENGINEER-In-Charge may
consider necessary till the expiration of Defect Liability Period including extended period,
if any.

21.8 If, in the opinion of the PM/Enginner-In-Charge, due progress is not achieved in the
contract and / or execution thereof becomes contrary to the specification and / or
substandard work is executed and / or substandard materials are used or supplied by the
CONTRACTOR and / or any direction given by the PM/Engineer-in-Charge is not properly
complied with or attended to, the PM/Engineer-in-Charge may direct the CONTRACTOR
to employ extra competent supervisory staff to supervise the work and the CONTRACTOR
Page 42 of 103
 GCC 2023
shall do so within 14 (fourteen) days from the date of such direction and the cost of
employment of such additional supervisors shall be to the account of the CONTRACTOR.

21.9 The PM/Engineer-in-Charge shall issue instructions in writing any instructions,

decision, etc. to the CONTRACTOR in connection with execution of the Contract work
through a Site Order Book at site. The CONTRACTOR shall acknowledge receipt of such
instructions, direction, decision by signing on the Site Order Book and ensure its
compliance.

ARTICLE –22: CO-ORDINATION WITH OTHER CONTRACTORS

22.1 The CONTRACTOR shall co-ordinate with other CONTRACTORs / Agencies
working in or about the site or at the adjoining areas on works having direct or indirect
connection with the Contract Work being executed by the CONTRACTOR under this
Agreement.

22.2 The CONTRACTOR shall interact with other CONTRACTORs and Agencies stated
under GCC Article-22.1 and sequence various activities with the activities of other
CONTRACTORs in a manner required for timely and sequential completion of the Contract
work.

22.3 Should there be any disagreement between the CONTRACTOR and other
CONTRACTORs and Agencies in respect of any activity or sequencing of activities, the
same should be referred to the PM/Engineer-In-Charge whose decision shall be final and
binding on the CONTRACTOR.

22.4 Co-ordination with other CONTRACTORs / Agencies or any dis-agreement or delay

in co-ordination or interruption in work shall not entitle the CONTRACTOR to any extra
time or cost.

22.5 The CONTRACTOR shall extend all reasonable cooperation to other

CONTRACTORs, Agencies etc. of the OWNER engaged in connection with the Work or
any other Work not in the scope of this Work as may be required by the PM/Engineer- in-
Charge.

22.6 The CONTRACTOR shall attend at his cost, all the meetings with the PM/Engineer-
in- Charge, other CONTRACTORs and the Consultants of the OWNER for the purposes
of the Contract. The CONTRACTOR shall attend such meetings as and when required by
the PM/Engineer-in-Charge.

ARTICLE – 23: LIQUIDATED DAMAGES FOR DELAY

23.1 If the CONTRACTOR fails to complete the Work and clear the site on or before the
scheduled or extended date of completion as per GCC Article 4 and 24, he shall, without
prejudice to any other right or remedy of the OWNER, arising out of the Contract on
account of such delay, be liable for payment of liquidated damages, not as penalty, as per
provisions of clause for Liquidated Damages (LD) for delay in SCC.

23.2 The following documents shall form the principal basis for consideration of
Extension of Time for Completion pursuant to GCC Article 4 with or without Liquidated
Damages and determining the compensation amount: -

Page 43 of 103
 GCC 2023
(a) The joint recordings in “Hindrance Register” and “Weekly Review
Register”.

(b) Records of Technical Coordination Meetings.

(c) Records of Contract Review Meetings.

(d) Written notices issued by the OWNER and/or the PM/Engineer-in- Charge
to the CONTRACTOR from time to time.
(e) Written requests/ notices by the CONTRACTOR to OWNER/ PM Engineer-
in-Charge from time to time.

23.3 Wherever LD is recoverable as per the terms of the Contract, the same shall be
recovered from the CONTRACTOR along with applicable GST thereon.

23.4 Any failure or delay by any Sub-contractor, though their employment may have been
approved under GCC Article 32, shall not be admitted as a ground for any extension of
time or for exempting the CONTRACTOR from liability for any such loss or damage as
aforesaid.

23.5 Liquidated Damage shall be as follows: -

(a) If the CONTRACTOR fails to complete the Work / item(s) of Work in
all respects and hand over the same to the OWNER within the time stipulated the
CONTRACTOR, without prejudice to any other right or remedy of the OWNER on account
of such breach, be liable to pay the OWNER liquidated damages at the rate of ¼
(quarter percent), every week or part thereof or percentage as mentioned in the SCC, of
the Contract price.

(b) The total amount of liquidated damages shall be limited to 10% (Ten percent)
of the Contract price.

(c) The provision under GCC Article 23.5 (a) and 23.5 (b) shall not apply in cases
of delay for which the CONTRACTOR is entitled to extension of time as per GCC
Article 4.

ARTICLE – 24: COMPLETION OF WORK

COMMISSIONING AND DOCUMENTATION

24.1. When the work has been executed, the assets created shall be commissioned.
Reasonable advance information of completion of Work shall be given by the
CONTRACTOR to the OWNER.The OWNER will inform about user to the
CONTRACTOR and the USER will finally take over assets.The OWNER/USER may
carry out detailed inspection of the commissioned project to ensure that no
deficiencies are there before taking over. “As built” Drawings of the Work shall be
got prepared through the CONTRACTOR or otherwise to facilitate proper
maintenance of the assets, additions to the assets at subsequent dates etc. and to
form part of the records of the OWNER.

24.2. The CONTRACTOR would assist the OWNER for obtaining necessary completion /
Occupancy Certificates/ Clearances and No-Objection-Certificates (NOCs), as per
Contract, from the local civil/statutory authorities for completed Work and facilities
before handing over the same to the OWNER for putting them to functional use.

Page 44 of 103
 GCC 2023
24.3. Before the completed Work is taken over by the OWNER/USER, the CONTRACTOR
shall restore to original status - the auxiliary services/ facilities, if any (like
roads, sewerage, utilities, including removal of garbage and debris) affected during
the construction process.

24.4. The CONTRACTOR shall hand over to the OWNER/USER or its authorized
Representative completed Work including all services and facilities constructed in
accordance with the Approved Plans, Specifications fulfilling all agreed techno-
functional requirements along with Inventory, As built - Drawings, Maintenance
Manual/ Standard Operating Procedure (SOP) for Equipments and Plants, all
clearances /certificates from Statutory Authorities, Local Bodies, if any, etc., all as
per Contract conditions.

24.5. On completion of the work, a Work Completion Report (WCR) shall be submitted by
the CONTRACTOR duly bringing out the Final completion cost, Total Time period
taken to complete the Work and also completed Project components as against the
initial Contract price, time and Project components and operational acceptance
certificates by the OWNER for all Building&Road (B/R) and Mechanical,Electrical
and Plumbing(MEP) system including Sub-system as per the Contract.
24.6. All assets created by the CONTRACTOR shall be in his custody till issue of Final
completion certificate of the entire Contract, defects are rectified and handing over
of the completed work to the OWNER/USER.

COMPLETION CERTIFICATE AND COMPLETION PLANS

24.7. Within thirty days of the completion of the Work, the CONTRACTOR shall give notice
of such completion to the OWNER through PM/Engineer-in-Charge and PM/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 completion
certificate of physical completion shall be issued indicating (a) date of completion, (b)
defects, if any, in the Work to be rectified by the CONTRACTOR and/or (c) items, if any,
for which payment shall be made at reduced rates.

24.8. No Final certificate of completion shall be issued, nor shall the Work be considered
to be complete until the CONTRACTOR has removed all unused stores, materials, tools,
plant, equipment, scaffolding, temporary buildings, huts and things belonging to the
CONTRACTOR (other than such items as are required for rectification of defects) and the
Site of works cleared off rubbish and all waste materials by the CONTRACTOR, at his own
expense and delivered up clean and tidy to the satisfaction of the PM/Engineer-in-Charge
on or before the date for completion. Huts and sanitary arrangements required for his
workmen at the Site in connection with the execution of Works constructed by the
CONTRACTOR shall be cleaned off the dirt from all assets created including 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 PM/Engineer-in-Charge.
If the CONTRACTOR fails to do this, the PM/Engineer-in-Charge may at the expense of
the CONTRACTOR remove such scaffolding, surplus materials and rubbish etc., and
dispose of the same as he thinks fit and clean off such dirt as aforesaid.

24.9. The CONTRACTOR shall submit completion drawing/sketch for Internal and External
Services, Buildings & Roads (B&R) and Mechanical Electrical Plumbing (MEP), within thirty
days of the completion of the Work, provided that the service plans have been issued for
execution by the PM/Engineer-in-Charge, unless otherwise the CONTRACTOR is required
to prepare such plans.
Page 45 of 103
 GCC 2023
24.10. All unused or surplus stores and materials and other items out of those provided by
the OWNER and/or otherwise stipulated in the Contract, shall be returned back by the
CONTRACTOR, at his own expense, to the place of issue against written receipts from the
PM/Engineer-in-Charge.

24.11. Soon after the rectification of defects, any stores and materials and other items
mentioned above, retained for rectification of defects shall also be removed and Site and
Works cleared and delivered to the PM/Engineer in Charge in a neat and clean condition.

24.12. In the case of groups of items of Works for which separate periods of completion
are given in the Contract, the OWNER/User shall take over from the CONTRACTOR such
individual items or group of items as are completed to his satisfaction before the completion
of the Contract. In such a case for issue of completion certificate for groups of items of the
Work(s), all conditions shall be applicable as stipulated in GCC Articles 23, 24 and 25.

ARTICLE – 25: DEFECTS LIABILITY

DEFECTS LIABILITY PERIOD

25.1. Unless otherwise specified in the SCC, the CONTRACTOR shall be responsible to
make good and remedy at his own expense within such period as may be stipulated by the
PM/Engineer-in-Charge, any defect which may develop or may be noticed before the
expiry of twenty-four (24) months from the certified date of completion. This period is
termed as Defect Liability Period (DLP).

PERFORMANCE GUARANTEE TEST OF MEP SERVICES

25.2. The Performance Guarantee Test (and repeats thereof) shall be conducted by the
CONTRACTOR after Commissioning of the MEP Services or the relevant part thereof and
during DLP as to ascertain whether these systems or the relevant part can attain the
Functional Guarantees as per the Technical Specifications of the Contract. The authorised
representative of OWNER and CONTRACTOR shall attend the Guarantee Test. The
OWNER or his authorised Representative shall promptly provide the CONTRACTOR with
such information as the CONTRACTOR may reasonably require in relation to the conduct
and results of the Performance Guarantee Test (and any repeats thereof).

FUNCTIONAL GUARANTEE OF MEP SERVICES

25.3 The CONTRACTOR guarantees that during the Defect Liability Period (DLP), the
MEP Services and all parts thereof shall continue to maintain the attained Functional
Guarantees as per Technical Specification specified in the Contract.

25.4. If, for reasons attributable to the CONTRACTOR, the guaranteed level of the
Functional Guarantees specified in Technical Specification are not met either in whole or
in part, the CONTRACTOR shall, within a mutually agreed time, at its cost and expense
make such changes, modifications and/or additions to these systems or any part thereof
as may be necessary to meet such Guarantees. The CONTRACTOR shall notify the
OWNER upon completion of the necessary changes, modifications and/or additions, and
shall seek the OWNER consent to repeat the Performance Guarantee Test. If the specified
Functional Guarantees are not established even during the repeat of the Performance
Guarantee Test, the OWNER shall recover the payments already made either partially or
fully for the MEP systems or sub-systems.

DEFECTS LIABILITY OF MEP SERVICES

Page 46 of 103
 GCC 2023
25.5. All Spares required for repair during DLP, shall be provided free of cost by the
CONTRACTOR.

25.6. If the defective equipments, parts, sub-system, system need to be taken outside the
Site of work to rectify the Defect, the CONTRACTOR shall provide Comprehensive
(Transit, Storage and Repair Period) Insurance cover of the equivalent amount to the
OWNER for the time taken to rectify the Equipments/Goods and deliver the repaired or
replaced Equipments/Goods at the same Site of works without any financial implications
to the OWNER.

25.7. The CONTRACTOR shall ensure that any service and repair of Equipment/System/
Sub-system shall not result in Downtime Period mentioned in the notice by the OWNER.
In case of any further delay in Downtime Period of such repair by the CONTRACTOR, the
OWNER reserves the right to extend DLP or take any other necessary actions as per GCC
Article 6.12 and/or 40.

25.8. In case any Software for the Equipment/Sub-system/System has been provided by
the CONTRACTOR, the CONTRACTOR shall provide all upgrades of the Software free of
cost during DLP or till Warranty Period given by OEM, whichever is later.

25.9. If a particular Equipment/Goods/Item/Component/System/Sub-system fails

frequently, this shall be replaced free of cost by the CONTRACTOR within notice period
issued by the OWNER.

25.10. The CONTRACTOR shall provide training to the personnel of the OWNER free of
cost during testing, commissioning and DLP at OEM’s premises or the CONTRACTOR’s
premises or Site of work or OWNER/USER’s other premises.

CONTRACTOR LIABLE FOR DAMAGES, DEFECTS DURING DEFECT LIABILITY

PERIOD
25.11. The CONTRACTOR shall guarantee that within the DLP, the Contract work shall
not show any signs of defects, cracks, settlements, disfigurations, shrinkage, leakage,
dampness or any other defects.

25.12. The CONTRACTOR shall, if required by the PM/Engineer-In-Charge, identify for

the causes of any defects, imperfection or fault under the direction of the PM/Engineer-In-
Charge. The cost of such identification shall be borne by the CONTRACTOR.

25.13. At the end of the Defect Liability Period, the CONTRACTOR, along with the
PM/Engineer-in-Charge, shall carry out final inspection of the Contract work to prove that
no defects had appeared or that all defects have been rectified to the entire satisfaction of
the PM/Engineer-In-Charge. If during the final inspection it is found that defects still remain
in the Contract work, the period of DLP shall be extended at the discretion of the
PM/Engineer-In-Charge and the CONTRACTOR shall be liable to make good the defects
and ensure that defects have been fully rectified.

25.14. Upon successful completion of the DLP the OWNER shall issue Final Acceptance
Certificate to the CONTRACTOR.

LATENT DEFECTS

Page 47 of 103
 GCC 2023
25.15. The CONTRACTOR shall be responsible for safety, quality and soundness of the
assets created including all latent defects beyond Defect Liability Period. The
CONTRACTOR shall have obligation to rectify such latent defects minimum up to 5 (five)
years from end of DLP. For the purpose of this article the latent defects shall be the defects
inherently lying within the material or arising out of design deficiency which do not manifest
themselves during the DLP but may surface later.Defects have to be rectified within a
reasonable time not exceeding forty-five (45) days after issue of notice by PM/Engineer-
in- Charge. If CONTRACTOR does not take corrective action within 45 days, then action
for debarment of the agency shall be taken by the appropriate authority.

ARTICLE – 26: MATERIALS

26.1 The CONTRACTOR shall, at his own expense, provide all materials, required for the
Work(s) other than those which are stipulated to be supplied by the OWNER.

26.2 The CONTRACTOR shall, at his own expense and without delay; supply to the
PM/Engineer-in- Charge samples of materials to be used on the Work and shall get these
approved in advance.

26.2.1 All such materials to be provided by the CONTRACTOR shall be in conformity with
the specifications laid down or referred to in the Contract. The CONTRACTOR shall, if
requested by the PM/Engineer-in-Charge, furnish proof to the satisfaction of the
PM/Engineer-in-Charge that the materials so comply. The PM/Engineer-in-Charge shall
intimate the CONTRACTOR in writing whether samples are approved by him or not. If
samples are not approved, the CONTRACTOR shall forthwith arrange to supply to the
PM/Engineer-in-Charge for his approval, fresh samples complying with the specifications
laid down in the Contract.

26.2.2 The CONTRACTOR shall at his risk and cost submit samples of materials to be
tested or analysed and shall not make use of or incorporate in the Work any materials
represented by the samples until the required tests or analysis have been made and
materials finally accepted by the PM/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.

26.3 The PM/Engineer-in-Charge shall also have full powers to require other proper
materials to be substituted thereof by the CONTRACTOR and in case of default, the
PM/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.

26.4 Steel and cement shall be procured from repute make of steel as per Technical
Specification and List of Approved Makes attached in the Contract documents.

26.5 The CONTRACTOR shall have full knowledge of all the materials required to be
procured and incorporated in the Work(s) by him regarding source of supply, technical
characteristics and conformation to Technical Specifications.

26.6 All the materials procured and incorporated in the Work(s) shall comply with Technical
Specifications / Indian Standards including latest amendments / revisions. The BIS codes
wherever mentioned in tender documents shall be deemed to be changed / modified /
revised as per the latest BIS published.

Page 48 of 103
 GCC 2023
26.7 Approval of Quarries and Borrow Areas and Materials: The CONTRACTOR will
obtain approval of the PM/Engineer-in-Charge for each quarry and borrow area to be used
in the project, prior to commencement of quarrying and/ or borrow area excavation
activities. All materials (whether natural, processed, manufactured, or designed) proposed
by the CONTRACTOR to be used on the works shall be first approved by the PM/Engineer-
in-Charge to comply with the requirements of specifications.

26.8 The CONTRACTOR shall provide samples, technical brochures, details, etc. to
PM/Engineer-in-Charge for approval of make, brand, colour, shade, etc., at his own cost
before placing orders to his Vendors/Sub-contractors.

26.9 Materials brought at Site of work shall be in-sealed containers or original packing
and/or in covered condition conforming to environmental standards/ norms and the
CONTRACTOR shall submit vouchers / challans and test certificate to PM/Engineer-in-
Charge on demand.

26.10 Materials required for the Work(s), whether brought by the CONTRACTOR or issued
by the OWNER, shall be stored by the CONTRACTOR only at places approved by the
PM/Engineer-in-Charge. The CONTRACTOR shall make necessary Storage facilities at
his own cost at the site to prevent damage/deterioration of materials and for safe custody.

26.11 PM/Engineer-in-Charge shall be entitled at any time to inspect and examine any
materials intended to be used in or on the Work(s), either on the Site or at Factory or
Workshop or other place(s) where such materials are assembled, fabricated,
manufactured or at any place(s) where these are lying or from where these are being
procured and the CONTRACTOR shall give such facilities as may be reasonably required
for such inspection and examination.

26.12 All materials brought to the Site shall not be removed off the Site without the prior
written approval of the PM/Engineer-in-Charge. But whenever the Work(s) are finally
completed and advance, if any, in respect of any such material is fully recovered, the
CONTRACTOR shall at his own expense forthwith remove from the Site all surplus
material originally supplied by him.

ARTICLE – 27: MISUSE OF WORKS

27.1 Responsibility for Buildings

In the event of any building or part, of a building being handed over to the CONTRACTOR
for the execution of Work(s) thereto under the provisions of the Contract, he shall give a
written undertaking to not misuse the building by his Sub-contractors or their employees,
workmen, agents, servants etc. and also give receipt for all inventory including fixtures,
glass etc., and he shall be required to make good at his own expense all damage resulting
from any cause whatsoever, Excepted Risks/ Force Majeure and to deliver up the said
building or part thereof to the PM/Engineer-in-Charge in a clean state complete in every
particular, on the completion of the Work(s).

27.2 Damage and Loss

27.2.1 All plant, temporary building, equipment, and things on the Site provided by or on
behalf of the CONTRACTOR for the construction of, but not for incorporation in the Work(s)
shall stand at the risk and be in the sole charge of the CONTRACTOR and the
CONTRACTOR shall be responsible for, and with all possible speed make good, any loss
or damage thereto arising from any cause whatsoever, including the Excepted Risks/ Force
Majeure.

Page 49 of 103
 GCC 2023
27.2.2 Unless otherwise specified in the Contract, all plant, temporary building, equipment,
and things whatsoever including such as may have been provided by the OWNER at the
Site in connection with and for the purpose of the Contract shall stand at the risk and be in
the sole charge of the CONTRACTOR and the CONTRACTOR shall be responsible for,
and with all possible speed make good, any loss or damage thereto arising from any cause
whatsoever, other than the Excepted Risks/ Force Majeure and shall deliver up all Works
to the PM/Engineer-in-Charge in a clean state, complete in every particular.

27.2.3 The CONTRACTOR shall, as may be directed in writing by the PM/Engineer in

Charge, remove from the Site any debris and so much of Works as shall have been
damaged, taking to the OWNER’s store such articles and/or materials as may be directed.
The CONTRACTOR shall not be entitled to payment under this Condition in respect of so
much loss or damage as has been occasioned by any failure on his part to perform his
obligations under the Contract.

27.2.4 The CONTRACTOR shall at his own expense reinstate and make good to the
satisfaction of the PM/Engineer-in-Charge or make compensation for any injury, loss or
damage occasioned to any property or right whatever including property and rights of
OWNER (or agents, servants, or employees of the OWNER) being injury, loss or damage
arising out of or in any way in connection with the execution or purported execution of the
Contract and further, the CONTRACTOR shall indemnify the OWNER against all claims
enforceable against the OWNER (or any agent, servant or employee of OWNER) or which
would be so enforceable against the OWNER, a private person, in respect of such injury
(including injury resulting in death), loss or damage to any person whomsoever or property,
including all claims which may arise under the Workmen’s Compensation Act or otherwise.

27.3 The CONTRACTOR shall ensure that the Work(s) or any portion of the Work
completed or partially completed are not misused by him or his Sub-contractors or their
employees, workmen, agents, servants etc. leading to deterioration / temporary
deterioration of the Work. However, the CONTRACTOR may be permitted by the
PM/Engineer-in-Charge to use the Work or a portion of the Work completed or partially
completed for such purposes as may be approved by the PM/Engineer-in-Charge. In such
cases, the CONTRACTOR shall make the portion of Work fully good as per the Contract
before handing over to the OWNER.

ARTICLE- 28: REFUND/FORFEITURE OF SECURITY DEPOSIT AND

PERFORMANCE GUARANTEE

28.1 If the CONTRACTOR shall duly and faithfully carry out the provisions of the Contract
and shall duly satisfy all claims properly chargeable against him hereunder, the
Performance Guarantee made by him in terms of the Contract shall be refunded to him
upon issuance of the “Final Acceptance Certificate” on expiry of the successful Defect
Liability Period and have rendered a “No Demand Certificate”.

28.2 Should the CONTRACTOR fail to perform the Contract work in terms of the Contract
or fail to maintain the Contract work during the Defect Liability Period and if the OWNER
incurs any expenditure or is likely to incur any expenditure for completion of the work or
rectification of defects, then the OWNER shall be entitled to deduct such sum or sums as
may be necessary for such completion or rectification from the Security Deposit and/or
Performance Guarantee made by the CONTRACTOR under Contract agreement. The
decision of the OWNER in determining such sums to be deducted from the

Page 50 of 103
 GCC 2023
CONTRACTOR’s Security Deposit and/or Performance Guarantee shall be final and
binding on the CONTRACTOR and shall not be subjected to Arbitration.

28.3 Release of Security Deposit and/or Performance Guarantee after labour

clearance
Security Deposit and/or Performance Guarantee 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 Officer under intimation to the PM/Engineer-in-Charge. The PM/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 90 days after completion of the Work and/or no
communication is received from the Labour Officer to this effect till 90 days after the date
of completion, it will be deemed to have received the clearance certificate and the Security
Deposit and/or Performance Guarantee will be released if otherwise due.

ARTICLE – 29: NO INTEREST/DAMAGE PAYABLE

29.1 Interest on money due to the CONTRACTOR:

CONTRACTOR shall not be entitled to any interest or damage in case of any delay on the
part of the OWNER to pay the amount due upon measurement or as per Contract or
otherwise. CONTRACTOR shall also not be entitled to interest upon any Performance
Guarantee/ Security Deposit/ Retention money or payments in arrears or upon any balance
which may on the final settlement of his account be due to him.

29.2 No claim for interest or damage

No claim for interest or damage will be entertained or be payable by the OWNER in respect
of any amount or balance which may be lying with the OWNER or may become due upon
settlement/adjudication of any dispute, difference, misunderstanding between the parties
or by way of Arbitration or Court proceedings or otherwise or in respect of any delay or
omission on the part of the OWNER in making intermediate or final payment or in respect
of any amount/damage which may be claimed through Arbitration or Court proceedings or
in any other respect whatsoever.

29.3 OWNER shall not deduct any interest except on mobilisation advance as per GCC
Article 6, on the amount to be recovered from CONTRACTOR’s payment, however any
penalty/ fine imposed by the OWNER, due to any cause whatsoever may be, shall bear
interest on delay in the payment by the CONTRACTOR. In such cases, the charged rate
shall be simple interest of 10 percent for the delayed period of payment.

ARTICLE – 30: MATERIALS/ GOODS / EQUIPMENTS NOT

INCORPORATED IN WORKS

30.1 Any material for which the CONTRACTOR has received payment such as secured
advance or payment as per BOQ or Contract condition or the PM/Engineer-in-Charge has
included for payment the value of any un-fixed Goods intended for incorporation in the
Work(s), such Goods/Equipments shall become the property of the OWNER and shall not
be removed except for the use upon the Work(s) without the written authority of the
OWNER /PM/Engineer-in-Charge. The CONTRACTOR shall keep in safe custody of the
same and be liable for any loss or damage to such materials till issue of Final Acceptance
Certificate after Defect Liability Period.

ARTICLE – 31: OWNER’S LIEN

Page 51 of 103
 GCC 2023
31.1 Withhold and Lien in respect of sum due from the CONTRACTOR
31.1.1 Whenever any claim or claims for payment of a sum of money arises out of or under
the Contract or against the CONTRACTOR, the PM/Engineer-in-Charge or the OWNER
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, if any deposited by the CONTRACTOR and for the purpose
aforesaid, the PM/Engineer-in-Charge or the OWNER shall be entitled to withhold the
Security Deposit, if any, furnished as the case may be and also have a lien over the same
pending finalization or adjudication of any such claim. In the event of the Security Deposit
being insufficient to cover the claimed amount or amounts, the PM/Engineer-in-Charge or
the OWNER 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 PM/Engineer-in-Charge or the OWNER or any
contracting person through the OWNER’s organisation pending finalization of adjudication
of any such claim.

31.1.2 It is an agreed term of the Contract that the sum of money or moneys so withheld
or retained under the lien referred to above by the PM/Engineer-in-Charge or OWNER will
be kept withheld or retained as such by the PM/Engineer-in-Charge or OWNER till the
claim arising out of or under the Contract is determined by the Arbitrator or by the
competent court, as the case may be and that the CONTRACTOR will have no claim for
interest or damages whatsoever on any account in respect of such withholding or retention
under the lien referred to above and duly notified as such to the CONTRACTOR. For the
purpose of this article, where the CONTRACTOR is a partnership firm or a limited
company, the PM/Engineer-in-Charge or the OWNER shall be entitled to withhold and also
have a lien to retain towards such claimed amount or amounts in whole or in part from any
sum found payable to any partner/limited company as the case may be, whether in his
individual capacity or otherwise.

31.1.3 OWNER shall have the right to cause an audit and technical examination of the
Work(s) and the final bills of the CONTRACTOR including all supporting vouchers,
abstract, etc., to be made after payment of the final bill and if as a result of such audit and
technical examination any sum is found to have been overpaid in respect of any work done
by the CONTRACTOR under the Contract or any work claimed to have been done by him
under the Contract 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 OWNER to recover
the same from him in the manner prescribed in GCC Article 6 or in any other manner legally
permissible; and if it is found that the CONTRACTOR was paid less than what was due to
him under the Contract in respect of any work executed by him under it, the amount of
such under payment shall be duly paid by the OWNER to the CONTRACTOR, without any
interest thereon whatsoever.

31.2 Lien in respect of claims in other contracts

Any sum of money due and payable to the CONTRACTOR (including the Security Deposit
and/or Performance Guarantee returnable to him) under the Contract may be withheld or
retained by way of lien by the PM/Engineer-in- Charge or the OWNER in respect of
payment of a sum of money arising out of or under any other Contract made between the
CONTRACTOR and the Government of India. It is an agreed term of the Contract that the
sum of money so withheld or retained under this article by the PM/Engineer-in-Charge or
the OWNER will be kept withheld or retained as such by the PM/Engineer-in-Charge or the
OWNER or till his claim arising out of the same Contract or any other Contract is either
mutually settled or determined by the Arbitration under GCC Article 43 or by the competent
court, as the case may be and that the CONTRACTOR shall have no claim for interest or
Page 52 of 103
 GCC 2023
damages whatsoever on this account or on any other ground in respect of any sum of
money withheld or retained under this article and duly notified as such to the
CONTRACTOR.

ARTICLE – 32: SUB-CONTRACTING

32.1 Assignment and sub-contracting

32.1.1 The CONTRACTOR shall not subcontract the Contract work as a whole or a part to
a third party for the performance of the Agreement.

32.1.2 The CONTRACTOR may subcontract a portion of the Contract work to third parties
with the written approval of the OWNER. The CONTRACTOR shall furnish to the OWNER
full particulars about the proposed Sub-contractors and the details of the portion to be
subcontracted while seeking such approval. Thereafter, the CONTRACTOR shall notify
the OWNER in writing all Sub-contracts awarded under the Contract if not already
stipulated in the Contract. In its original bid or later, such notification shall not relieve the
CONTRACTOR from any of its liability or obligation under the terms and conditions of the
Contract or in any way affect the CONTRACTOR’s direct responsibility to the OWNER nor
shall it render the OWNER in any way responsible to such Sub-contractor.

32.1.3 The CONTRACTOR including PSUs/Govt. shall not, without consent in writing of
the OWNER, sublet, transfer, or assign the Contract or any part thereof or interest therein
or benefit or advantage thereof in any manner whatsoever.

32.1.4 Sub-contract shall be only for bought out items, specialized and incidental Works/
Services. Sub-contracts must comply with and should not circumvent CONTRACTOR’s
compliance with its obligations under GCC Article 9, based on which the Contract was
awarded to him.

32.2 If the CONTRACTOR sublets or assigns this Contract or any part thereof without
such permission, the OWNER shall be entitled, and it shall be lawful on his part, to treat it
as a breach of Contract and take measures/ action as per GCC Article- 40.

32.3 If the CONTRACTOR shall assign or sublet his Contract, or attempt to do so, or
become 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 or indirectly, be given, promised or
offered by the CONTRACTOR, or any of his servants or agent to any public officer or
person in the employ of Government 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 OWNER shall have power to adopt the course specified in GCC Article 40.

32.4 The CONTRACTOR shall be responsible for any Sub-contractor who may carry out
any work or supply any material in connection with the Contract as per Technical
Specifications and List of Approved Makes. The CONTRACTOR shall make good any loss
or damage suffered by Government by reason of any default, neglect or failure on the part
of such person in relation to such work or material.

32.5 Where a list of approved Agencies for a subcontracting work is provided in the
Contract, the CONTRACTOR shall inform the name of the Sub-contractor selected by him
within a period as agreed with the PM/Engineer-in-Charge, however not later than thirty
(30) days of the date of such selection.

Page 53 of 103
 GCC 2023
32.6 The OWNER reserves the right to ask the CONTRACTOR to submit copies of
relevant specifications included in all orders placed on Sub-contractors.

32.7 In the event certain obligations extended by a Sub-contractor to the CONTRACTOR

beyond specified in the Agreement, the OWNER shall automatically be entitled to benefit
thereof.

32.8 In no event shall the OWNER be deemed to have Contractual obligation whatsoever
in respect of Sub-contractors.

32.9 The total value of subcontracting works will not exceed percentage of Contract price
as mentioned in SCC.

ARTICLE – 33: PASSAGE OF PROPERTY AND RISK

33.1 Subject to provisions under GCC Article 24, the property and risk of the Contract
work shall pass on to the OWNER upon issuance of the Completion certificate and Final
Acceptance Certificate(FAC).

33.2 This Article shall not in any way adversely affect or derogate against the
CONTRACTOR’s obligations beyond Defect Liability Period as stipulated in the contract
and provide to the OWNER, the Contract work completed in all respects.

ARTICLE – 34: SAFETY AND SECURITY

SAFETY
34.1 The Safety instructions and provisions for Construction,Erection,Testing &
Commissioning shall be as per Annexure-B (RDCE safety code).
These Safety rules lay down the safety requirements for safe execution of project activities,
responsibilities of the CONTRACTOR, and all concerned involved in construction. The
CONTRACTOR, including his Sub-contractors, while executing the Work(s), shall strictly
comply with these Safety rules and statutory requirements (including amendments
thereof), as applicable, in respect of safety of personnel, equipment and materials at site
area under execution of the CONTRACTOR.

SECURITY

34.2 The CONTRACTOR shall provide at his own cost necessary watch and ward force
as may be required by the OWNER to ensure security and safety of all buildings,
structures, equipment and materials under his custody at the Site of work.

34.3 The CONTRACTOR shall abide by all security regulations at site promulgated by the
OWNER from time to time. The CONTRACTOR shall provide identity badges to their
personnel and workmen which must be properly displayed by them on their person.

34.4 The CONTRACTOR shall have to abide by all security and safety regulations of Lab/
Establishment at site for
(a) Entry/ Exit of workmen, material, vehicles, electronic gadgets etc.
(b) Movement inside the Lab/ Establishment including Prohibited/ Restricted area
(c) Storage and stacking of construction materials/ equipment/ machineries etc.

Page 54 of 103
 GCC 2023
The CONTRACTOR has to take all approvals for security and safety by USER Lab/
Establishment through OWNER.

34.5 In order to facilitate issue of Gate passes by the PM/Engineer-in-Charge for men,
materials and equipment either during execution or the defect liability, the CONTRACTOR
shall submit to the OWNER list of the personnel, construction / erection equipment, etc.,
and / or other materials that shall be taken by them inside the site time to time. Such
movement of materials, equipment, tools, tackles etc., shall be subject to certification by
the PM / Engineer- in - Charge.

34.6 The CONTRACTOR and his personnel / workmen shall be subjected to security check
by security force of OWNER/ User Establishment/ Lab for the overall protection of the
Project.

34.7 The CONTRACTOR shall not allow any visitor on the works except with the written
permission of the OWNER.

ARTICLE – 35: DEDUCTIONS FROM CONTRACT PRICE

35.1 The CONTRACTOR shall reimburse to the OWNER all costs, charges, damages or
expenses which the OWNER may have paid or to which the OWNER may be entitled and
to the extent to which the CONTRACTOR is obliged under the Agreement to do so within
30 (thirty) days upon written request of the OWNER, failing which such costs, charges,
damages or expenses shall be deducted by the OWNER from any money due or becoming
due by him to the CONTRACTOR under this Agreement.

35.2 Whenever any claim(s) for payment of sum of money arise(s) out of or under this
Contract against the CONTRACTOR, the CONTRACTOR shall, on written demand make
the payment of the same or agree for effecting adjustment from any amounts due to him
by the OWNER. If, however, he refuses or neglects to make the payment on written
demand, or does not agree for effecting adjustment from any amounts due to him, the
OWNER shall be entitled to withhold an amount not exceeding the amount of the claim(s),
from any sum when due or which at any time thereafter may become due to the
CONTRACTOR, under this or any other Contract with the OWNER or from any other sum
due to the CONTRACTOR from the OWNER (which may be available with the OWNER)
or from the CONTRACTOR’s Security Deposit and Performance Guarantee bond, and
retain the same by way of lien till such time payment is made by the CONTRACTOR or till
the claim(s) is / are settled or adjudicated upon, or till the CONTRACTOR, at his expense
furnishes “Fixed Deposit Receipt(s)” duly endorsed as directed by the Accepting Officer,
or a Guarantee Bond from a scheduled commercial Bank for an amount equal to the
amount of the claim(s), in the form as directed by the OWNER.

35.3 The OWNER reserves the right to carry out post payment audit and technical
examination of the works and Final Bill, including all supporting vouchers, abstracts etc.
The OWNER further reserve the right to carry out the aforesaid examinations and enforce
recovery when detected, notwithstanding the fact that the amount of the final bill may have
been included by one of the parties as an item of dispute before Arbitration Tribunal
appointed under the Arbitration article of the Contract and notwithstanding the fact that the
amount of the Final Bill figures in the Arbitral Award.

35.4 If, as a result of such audit and technical examination, any over payment is
discovered in respect of the work done under this Contract, the CONTRACTOR shall, on

Page 55 of 103
 GCC 2023
written demand to make payment of a sum equal to the amount of over payment or agree
for effecting necessary adjustment from any amount(s) due to him by the OWNER. If,
however, he refuses or neglects to make the payment on demand(s) or does not agree for
effecting adjustment from any amount(s) due to him, the OWNER shall be entitled to take
action as per GCC Article- 35.2.

35.5 Any other deductions mentioned elsewhere in the Contract shall also be made by the
OWNER from the Contract price or payment due to the CONTRACTOR.

35.6 All notices under these conditions shall be given by the OWNER.

35.7 Recovery of Compensation paid to Workmen

In every case in which by virtue of the provisions in the Workmen's Compensation Act,
1923, Employees compensation act (as amended), Government is obliged to pay
compensation to a workman employed by the CONTRACTOR, in execution of the Work(s),
the OWNER will recover from the CONTRACTOR, the amount of the compensation so
paid and without prejudice to the rights of the OWNER under the said Act the OWNER
shall be at liberty to recover such amount or any part thereof by deducting it from the
Security Deposit and/or Performance Guarantee or from any sum due by the OWNER and
Government to the CONTRACTOR whether under this Contract or otherwise. The OWNER
shall not be bound to contest any claim made against it under the said Act, except on the
written request of the CONTRACTOR and upon his giving to the OWNER full security for
all costs for which the OWNER might become liable in consequence of contesting such
claim.

ARTICLE - 36: INDEMNITY

36.1 Notwithstanding all reasonable and proper precautions being taken by the
CONTRACTOR at all items during the performance of the Contract work, the
CONTRACTOR shall remain wholly responsible for all damages, whether to the Contract
work executed by him or to any other OWNER’s property or to the lives, persons or property
of others during progress of the Contract work and DLP thereof and shall indemnify, defend
and hold harmless the OWNER, PM/Engineer-in-Charge or their employees against all
claims, loss, demands, proceedings, charges and expenses, liability for personal injury
(including death), and / or damage to property incurred by reasons of any act or omission
or default by the CONTRACTOR, his Sub-contractors, agents, servants or employees and
arising out of or connected with the performance of this Contract.

36.2 The CONTRACTOR shall execute and deliver and shall cause his Sub-contractors
and Suppliers to execute and deliver such other further instruments and to comply with
such requirements of such Statutes, Ordinances, Laws, Rules, Regulations or Bye-laws
as may be necessary there under to confirm and effectuate the Contract and to protect the
OWNER, the PM/Engineer-in-Charge or any employees of OWNER’s organisation.

36.3 Notwithstanding anything herein before contained, the OWNER shall not accept any
liability for the CONTRACTOR, his Sub-contractors, agents, servants or employees or any
of them or for their / his property while on the premises or in service of, or used for / on
behalf of the OWNER by any person.

ARTICLE – 37: INTELLECTUAL PROPERTY RIGHTS (IPR)

37.1 The CONTRACTOR shall indemnify the OWNER, its representatives or its employees
against any action, claim or proceeding relating to infringement or use of any patent or
Page 56 of 103
 GCC 2023
design or any alleged patent or design rights and shall pay any royalties or other charges
which may be payable in respect of any article or material or part thereof included in the
Contract. In the event of any claim being made or action being brought against the OWNER
or its representatives or its employees, in respect of any such matters as aforesaid, the
CONTRACTOR shall immediately be notified thereof. However, such indemnity shall not
apply when such infringement has taken place in complying with the specific directions
issued by the OWNER; but the CONTRACTOR shall pay any royalties or other charges
payable in respect of any such use, the amount so paid being reimbursed to the
CONTRACTOR only if the use was as a result of any drawings and/or specifications issued
after the award of Contract by the OWNER, provided further that the CONTRACTOR has
brought to the notice of the PM/Engineer-in-Charge, of such infringement immediately
upon the instructions of the PM/Engineer-in-Charge or upon the CONTRACTOR becoming
aware of such infringement.

37.2 Indemnities for breach of IPR Rights

37.2.1 The CONTRACTOR shall indemnify and hold harmless, free of costs, the OWNER
and its employees and officers from and against all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of any nature,
including attorney’s fees and expenses, which may arise in respect of this Contract, as a
result of any infringement or alleged infringement of any patent, utility model, registered
design, copyright, or other Intellectual Property Rights (IPR) or trademarks, registered or
otherwise existing on the date of Contract arising out of or in connection with:

(a) Any design, data, drawing, specification, or other documents or Goods provided or
designed by the CONTRACTOR for or on behalf of the OWNER.

(b) The installation of the equipments by the CONTRACTOR or the use of the materials
at the OWNER’s Site

37.2.2. Such indemnity shall not cover any use of the Goods or any part thereof or any
products produced thereby:

(a) Other than for the purpose indicated by or to be reasonably

inferred from the Contract.

(b) In association or combination with any other equipment, plant, or

materials not supplied by the CONTRACTOR.

37.2.3 If any proceedings are brought, or any claim is made against the OWNER arising
out of the matters referred above, the OWNER shall promptly give the CONTRACTOR a
notice thereof. At its own expense and in the OWNER’s name, the CONTRACTOR may
conduct such proceedings and negotiations to settle any such proceedings or claim,
keeping the OWNER informed.

37.2.4 If the CONTRACTOR fails to notify the OWNER within twenty-eight (28) days after
receiving such notice that it intends to conduct any such proceedings or claim, then the
OWNER shall be free to conduct the same on its behalf at the risk and cost to the
CONTRACTOR or at the expense of the CONTRACTOR.

37.3 All deliverables, outputs, plans, drawings, specifications, designs, reports, and other
documents and software submitted by the CONTRACTOR under the Contract shall
become and remain the property of the OWNER and subject to laws of copyright and must
not be shared with third parties or reproduced, whether in whole or part, without the
OWNER’s prior written consent. The CONTRACTOR shall, not later than upon termination
Page 57 of 103
 GCC 2023
or expiration of this Contract, deliver all such documents and software to the OWNER and
the CONTRACTOR shall not use it for any purpose, commercial or otherwise.

37.4 This GCC Article- 37 shall survive the closure or termination of the contract for a
period of five (05) years.

ARTICLE - 38: PRESERVATON OF PEACE

38.1 The CONTRACTOR shall take adequate precautions and use his best endeavours
to prevent any riotous of any unlawful behaviour by or amongst his workmen and / or others
employed by him and for the preservation of peace and protection of the inhabitants and
security of property at or in the neighbourhood of the site.

38.2 In the event of the OWNER requiring the maintenance of a special security force at
or in the vicinity of site during the tenure of the Contact in consequence of the riotous or
unlawful behaviour by or amongst the CONTRACTOR’s workmen and / or others employed
by him, all expenses thereof, and costs of all damages due to such riotous or unlawful
behaviour shall be borne by the CONTRACTOR and if paid by the OWNER, shall be
recovered by the OWNER form any money due or that may become due to him.

ARTICLE – 39: CONFIDENTIALITY & SECRECY

39.1 The provisions of this article shall not in any way modify any undertaking of
confidentiality given by the CONTRACTOR before the date of the Contract in respect of
the Contract/ Tender Document or any part thereof.

39.2 The provisions of this article shall survive completion or termination or cancellation,
for whatever reason, of the Contract.

CONFIDENTIALITY
39.3 All documents, drawings, samples, data, associated correspondence or other
information furnished by or on behalf of the OWNER to the CONTRACTOR, in connection
with the Contract, whether such information has been furnished before, during or following
completion or termination of the Contract, are confidential and shall remain the property of
the OWNER and shall without the prior written consent of the OWNER neither be divulged
by the CONTRACTOR to any third party, nor be used by him for any purpose other than
the design, procurement, or other services and work required for the performance of this
Contract.

39.4 All copies of all such information in original shall be returned on completion of the
CONTRACTOR’s performance and obligations under this Contract.

SECRECY
39.5 Any of the subject matter of the Contract falling within the purview of the Official
Secrets Act, 1923 or if the Contract is marked or classified as “SECRET”, the
CONTRACTOR shall take all reasonable steps necessary to ensure that all persons
employed in any connection with the Contract, have acknowledged their responsibilities
and penalties for violations under the Official Secrets Act and any regulations framed
thereunder and also as per Standard Operating Procedure (SOP) for security and secrecy
of Strategic Projects/Classified Works enclosed with the Contract.

OBLIGATIONS OF THE CONTRACTOR FOR CONFIDENTIALITY AND SECRECY

Page 58 of 103
 GCC 2023
39.6 Without the OWNER’s prior written consent, the CONTRACTOR shall not use the
information mentioned above except for the sole purpose of performing this Contract.

39.7 The CONTRACTOR shall treat and mark all information as CONFIDENTIAL and shall
not, without the written consent of the OWNER, divulge to any person other than the
person(s) employed by the CONTRACTOR in the performance of the Contract. Further,
any such disclosure to any such employed person shall be made in confidence and only
so far as necessary for such performance for this Contract.

39.8 Notwithstanding the above, the CONTRACTOR may furnish to its holding company
or its Sub-contractor(s) such documents, data, and other information it receives from the
OWNER to the extent required for performing the Contract. In this event, the
CONTRACTOR shall obtain from such holding company/Sub-contractor(s) an undertaking
of confidentiality similar to that imposed on the CONTRACTOR under the above articles.

39.9 The obligation of the CONTRACTOR under this Article-39, however, shall not apply
to information that:

(a) The CONTRACTOR needs to share with the institution(s) participating

in the financing of the Contract;

(b) Now or hereafter is or enters the public domain through no fault of

CONTRACTOR, his representative, agent and employees or Sub-
contractor(s);

(c) Can be proven to have been possessed by the CONTRACTOR at the

time of disclosure and which was not previously obtained, directly or
indirectly, from the OWNER; or

(d) Otherwise lawfully becomes available to the CONTRACTOR from a

third party that has no obligation of confidentiality.

ARTICLE - 40: SUSPENSION & TERMINATION

SUSPENSION OF WORK
40.1 The OWNER may suspend the Work in whole or in part at any time by giving the
CONTRACTOR notice in writing to such effect stating the nature, the effective date and
duration of such suspension.

40.2 The CONTRACTOR shall, on receipt of the order in writing of the OWNER or his
authorised Representative, suspend the progress of the Work or any part thereof for such
time and in such manner as the PM/Engineer-in-Charge may consider necessary for any
of the following reasons: -
(a) On account of any default on part of the CONTRACTOR; or
(b) for proper execution of the Work or part thereof for reasons other than
the default on the part of the CONTRACTOR; or
(c) for safety of the Work or part thereof, for reasons other than those
attributable to the CONTRACTOR.

40.3 The CONTRACTOR shall, during such suspension, properly protect and secure the
Work to the extent necessary and carry out the instructions by PM/Engineer-in-Charge.

Page 59 of 103
 GCC 2023
40.4 The OWNER, may at any time, cancel the suspension notice for all or any part of
suspended work by giving written notice to the CONTRACTOR specifying the part of Work
to be resumed and the effective date of withdrawal of suspension. The CONTRACTOR
shall resume the suspended work after receipt of such withdrawal of suspension notice.

40.5 If the suspension is ordered for reasons (b) & (c) in GCC Article 40.2 above, in so far
as it concerns suspension of part of the Work or whole of the balance Work, the
CONTRACTOR shall be entitled to an extension of time based on the period of suspension
and as finalized by the OWNER. The CONTRACTOR shall not be eligible for any other
compensation whatsoever for such suspension, except as otherwise provided in the
Contract.

40.6 In the event, such suspension exceeds a period of three months, the OWNER and
the CONTRACTOR shall consult each other to find out the remedial measures for
completion of the Work. If the suspension has been due to inclement weather, unsafe
working condition & non-conformance to specifications, continued violations by the
CONTRACTOR to OWNER’s instructions & such other causes for which the
CONTRACTOR is responsible, then no compensation shall be payable by the OWNER.

TERMINATION/ DETERMINATION OF CONTRACT

40.7 The OWNER reserves the right to terminate the Contract, in whole or in part for its
(the OWNER’s) convenience or CONTRACTOR’s fault or frustration of Contract as per
sub-article below, by serving written ‘Notice for Determination of Contract’ to the
CONTRACTOR at any time during the currency of Contract. The notice shall specify that
the termination is for the convenience of the OWNER or CONTRACTOR’s fault or
frustration of the Contract. The notice shall also indicate inter-alia, the extent to which the
CONTRACTOR’s performance under the Contract is terminated, and the date with effect
from which such termination shall become effective.

40.8 Such termination shall not prejudice or affect the rights and remedies accrued and/ or
shall accrue after that to the Parties.

40.9 Unless otherwise instructed by the OWNER, the CONTRACTOR shall continue to
perform the Contract to the extent not terminated.

40.10 All warranty obligations, if any, shall continue to survive despite the termination.

40.11 The Goods, Equipments and Works/ Services that are complete and ready in terms
of the Contract for execution/ delivery and performance within thirty(30) days after the
CONTRACTOR’s receipt of the notice of termination shall be accepted by the OWNER as
per the Contract terms. For the remaining Goods and incidental Works/ Services, the
OWNER may decide:

(a) To get any portion of the balance Work(s) completed and delivered at the Contract
terms, conditions, and prices; and/ or

(b) To cancel the remaining portion of the Goods, Equipments and Works/ Services
and compensate the CONTRACTOR by paying an agreed amount for the cost incurred by
the CONTRACTOR, if any, towards the remaining portion of the Goods, Equipments and
Works/ Services.

40.12 Termination of contract for owner’s convenience

Page 60 of 103
 GCC 2023
40.12.1 If at any time after award of Contract, the OWNER shall decide to abandon or
reduce the scope of the Work(s) for any reason whatsoever and hence not require the
whole or any part of the Work to be carried out by the CONTRACTOR, the PM/Engineer-
in-Charge shall give notice in writing to that effect to the CONTRACTOR and the
CONTRACTOR except as herein under provided, shall have no claim to any payment of
compensation or otherwise whatsoever, on account of any profit or advantage which he
might have derived from the execution of the Work in full but which he did not derive in
consequence of the said termination of the whole or part of the Work.

40.12.2 The CONTRACTOR shall be paid at Contract rates full amount for works executed
at Site and, in addition, a reasonable amount as certified by the PM/Engineer-in-Charge
for the items hereunder mentioned which could not be utilised on the Work to the full extent
because of the said termination:

(a) Any cost incurred on preliminary temporary site work, e.g. access, labour
huts, staff accommodation, site offices, storage accommodation and water storage
tanks, etc. to be reasonably determined on the basis of balance period of the
Contract from the effective date of termination.

(b) (i) The OWNER shall have the option to take over CONTRACTOR's facilities/
materials 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 OWNER shall 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 OWNER, cost of such materials shall,
however, take into account purchase price, cost of transportation and deterioration
or damage which may have been caused to materials whilst in the custody of the
CONTRACTOR.

(ii) For CONTRACTOR's materials not retained by the OWNER, reasonable cost
of transporting such materials from Site to CONTRACTOR's permanent stores or to
his other Works, whichever is less. If materials are not transported to either
of the said places, no cost of transportation shall be payable.

(c) If any materials issued by the OWNER are rendered surplus, the same
except normal wastage shall be returned by the CONTRACTOR to the OWNER at
rates not exceeding those at which these were originally issued less allowance for
any deterioration or damage which may have been caused whilst the materials were
in the custody of the CONTRACTOR. In addition, cost of transporting such materials
from Site to the OWNER’s stores, if so required by the OWNER.

(d) Reasonable compensation for transfer of CONTRACTOR’s 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 of
transportation shall be payable.

40.12.3 The CONTRACTOR shall, if required by the PM/Engineer-in-Charge furnish to him

wage books, time sheets and other relevant documents as may be reasonably necessary
to enable him to certify the reasonableness of the amount payable under this Article.

40.12.4 In the event of action being taken under GCC Article 15 to reduce the scope of
Work, the CONTRACTOR may furnish fresh Performance Guarantee on the same
conditions, in the same manner and at the same rate for the balance tendered amount and
initially valid up to the extended date of completion or stipulated date of completion if no
Page 61 of 103
 GCC 2023
extension has been granted plus minimum ninety (90) days beyond that. Wherever such a
fresh Performance Guarantee is furnished by the CONTRACTOR, the OWNER may return
the previous Performance Guarantee.

40.12.5. The OWNER, without prejudice to his rights as stipulated under GCC Article
40.7 to 40.12.4, shall also have the option to consult with the CONTRACTOR to arrive at
a fair solution in determining the claims and payments due to the OWNER arising out of
such termination. If no fair solution is reached within 3 (three) months from the effective
date of termination, then the matter may be referred to resolution of dispute in terms of
GCC Article 42.

40.13 Termination on CONTRACTOR’s Death

If the CONTRACTOR is an individual or a proprietary concern and the individual or the
proprietor dies and if the CONTRACTOR is a partnership concern and one of the partners
dies, then unless the OWNER is satisfied that the legal representatives of the individual
CONTRACTOR or of the proprietor of the proprietary concern and in the case of
partnership, the surviving partners, are capable of carrying out and completing the
Contract, the OWNER shall be entitled to cancel the Contract as to its incomplete part
without the OWNER being liable in any way to payment of any compensation to the estate
of the deceased CONTRACTOR and/or to the surviving partners of the CONTRACTOR's
firm on account of the cancellation of the Contract. The decision of the OWNER that the
legal representatives of the deceased CONTRACTOR or the surviving partners of the
CONTRACTOR's firm cannot carry out and complete the Contract shall be final and binding
on Parties. In the event of such cancellation the OWNER shall not hold the estate of the
deceased CONTRACTOR and/or the surviving partners of the CONTRACTOR's firm liable
for damages for not completing the Contract.

40.14 Termination for CONTRACTOR’s Default

40.14.1 If the CONTRACTOR:

(a) at any time makes default in proceeding with the Works with due diligence
and continues to do so even after a notice of seven (7) days in writing from the
OWNER; or

(b) commits default in complying with any of the terms and conditions of Contract
and does not remedy it or take effective steps to remedy it within thirty (30) days after a
notice in writing is given to him on that behalf by the OWNER; or

(c) fails to complete the Work(s) or items of Work with individual dates of
completion, on or before the date(s) of completion, and does not complete them within
the period specified in a notice given in writing on that behalf by the OWNER; or

(d) shall offer, or give or agree to give to any person in OWNER's 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 having done or forborne to do
any act in relation to the obtaining or execution of this or any other Contract for the
OWNER; or

(e) shall enter into a Contract with the OWNER 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 OWNER/ PM/Engineer-in-Charge; or

Page 62 of 103
 GCC 2023
(f) shall obtain a Contract with the OWNER as a result of cartel formation or
other non-bonafide methods of competitive bidding; or commits breach of integrity
pact or

(g) 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
assignment of his affective or composition or arrangement for the benefit of his
creditors or purport so to do, or if any application be made under any Insolvency Act
for the time being in force, for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors; or

(h) being a company, shall pass a resolution or the Court shall make an
order for the liquidation of its affairs, or a receiver or manager on behalf of the
debenture holders shall be appointed or circumstances shall arise which entitle the
Court or debenture holders to appoint a receiver or manager; or

(j) assigns, transfers, sublets, attempts to assign, transfer or sublet the entire
Work or any portion thereof without the prior written approval of the OWNER;

(k) having been given by the PM/Engineer-in-Charge a notice in writing to rectify,

reconstruct or replace any defective work or that the work is being performed in an
inefficient or otherwise improper or un-workman like manner shall omit to
comply with the requirement of such notice for a period of seven (7) days thereafter.

(l) shall suffer an execution being levied on his goods and allow it to be continued
for a period of 21 days.
(m) commits any breach to the condition of the Contract, as specified or otherwise,
the OWNER may, without prejudice to any other right to remedy which shall have
accrued or shall accrue thereafter to the OWNER by written notice, cancel the
Contract as a whole or only such items of the Work in default, from the Contract.

40.14.2 Notice for Default

As soon as a breach of Contract is noticed, a show-cause ‘Notice of Default’ shall be issued
to the CONTRACTOR, giving two(02) week’s notice period, reserving the right to invoke
Contractual remedies. After such a show-cause notice, all payments to the CONTRACTOR
would be temporarily withheld to safeguard needed recoveries that may become due on
invoking Contractual remedies.

40.14.3 Terminations for Default

(a) Notice for Termination
In the event of unsatisfactory resolution of ‘Notice of Default’ within two(2) weeks of its
issue as per Sub-article above, the OWNER, if so decided, shall by written Notice for
Termination for default sent to the CONTRACTOR, terminate the Contract in whole or in
part, without compensation to the CONTRACTOR.

(b) Such termination shall not prejudice or affect the rights and remedies,
including under GCC article below, which have accrued and/ or shall accrue to the OWNER
after that.

(c) Unless otherwise instructed by the OWNER, the CONTRACTOR shall

continue to perform the Contract to the extent not terminated.
Page 63 of 103
 GCC 2023
(d) All warranty obligations, if any, shall continue to survive despite the
termination.

40.14.4. Contractual Remedies for Breaches/Defaults or Termination for default: If

there is an unsatisfactory resolution within this period, the OWNER shall take one; or more
of the following Contractual remedies: -

(a) Temporary withhold payments due to the CONTRACTOR till recoveries

due to invocation of other Contractual remedies are complete.

(b) Call back any loaned property or advances of payment, if any,

with the levy of interest at the prevailing rate.

(c) Recover Liquidated Damages for delays.

(d) Encash and/ or Forfeit performance or other Contractual

securities.

(e) Prefer claims against insurances, if any.

(f) Terminate Contract for default, fully or partially including its right
for ‘Risk and Cost Works’.

(g) ‘Risk and Cost Works’: In addition to termination for default, the OWNER
has the rights to take possession of the Work and any material, construction plant,
stores etc. and carry out the incomplete works by any means at the Risk and Cost
of the CONTRACTOR. It shall be lawful on OWNER’s part, to execute
works/procure Goods similar to those terminated, with such terms and conditions
and in such manner as it deems fit at the “Risk and Cost” of the CONTRACTOR.
Upon breach of contract, such ‘Risk and Cost Works’ shall be contracted by the
OWNER. The CONTRACTOR shall be liable for any loss which the OWNER may
sustain on that account. However, The CONTRACTOR shall not be entitled to any
gain on such Work(s), and the manner and method of such Work(s) shall be to the
entire discretion of the OWNER.
The CONTRACTOR shall deemed to be not eligible to participate in any
manner either directly or indirectly in execution of such ‘Risk and Cost Works’.

(h) Initiate proceedings in a court of law for the transgression of the law, tort, and
loss, not addressable by the above means.

40.14.4 Any Penalties arising out of GCC Article 40.14 shall survive the closure or
termination of the Contract.

FRUSTRATION OF CONTRACT

40.15 Notice of Frustration Event

Upon a supervening cause occurring after the effective date of the Contract, including a
change in law, beyond the control of either party whether as a result of the Force Majeure
article or within the scope of section 56 of the Indian Contract Act, 1872, that makes it
impossible to perform the Contract within a reasonable timeframe, the affected party shall
give ‘Notice of Frustration Event’ to the other party giving justification. The parties shall use
reasonable efforts to agree to amend the Contract, as may be necessary to complete its
performance. However, if the parties cannot reach a mutual agreement within sixty (60)
Page 64 of 103
 GCC 2023
days of the initial notice, the OWNER shall issue a ‘Notice for Determining the Contract’
and terminate the Contract due to it’s frustration as above.

40.16 However, the following shall not be considered as such a supervening cause.
(a)Lack of commercial feasibility or viability or profitability or availability of funds
(b)if caused by either party's breach of its obligations under this Contract or failure
to act in good faith or use commercially reasonable due diligence to prevent such an event.

CANCELLATION OF THE CONTRACT AND REMEDIES

40.17 On cancellation of the Contract in full or in part, the OWNER shall determine the
amount, if any, is recoverable from the CONTRACTOR for completion of Work or part of
the Work or in case the Work or part of the Work is not completed, the loss or damage
suffered by the OWNER. In determining the amount, credit shall be given to the
CONTRACTOR for the value of the work executed by him up to the time of cancellation,
the value of CONTRACTOR’s material taken over as well as incorporated in the Work, and
use of Tools and Plants belonging to the CONTRACTOR. On cancellation of Contract, the
Performance Guarantee/Security and Retention Money up to the last paid RAR shall be
forfeited.

40.18. Any excess expenditure incurred or to be incurred by the OWNER in completing the
Work or part of the Work or the excess loss or damages suffered or may be suffered by
the OWNER as aforesaid after allowing such credit shall be recovered from any money
due to the CONTRACTOR on any account, and if such money is not sufficient the
CONTRACTOR shall be called upon in writing to pay the same within thirty (30) days.

40.19. If the CONTRACTOR shall fail to pay the required sum within the aforesaid period
of thirty (30) days, the OWNER shall have the right to sell any or all of the CONTRACTOR’s
unused materials, construction plant, implements, temporary buildings etc. and apply the
proceeds of sale thereof towards the satisfaction of any sums due from the CONTRACTOR
under the Contract and if thereafter there be any balance outstanding from the
CONTRACTOR, it shall be recovered from him.

40.20. Any sums in excess of the amounts due to the OWNER may be returned to the
CONTRACTOR, provided always that if cost or anticipated cost of completion by the
OWNER of the Work or part of the Work is less than the amount which the CONTRACTOR
would have been paid had he completed the Work or part of the Work, such benefit shall
not accrue to the CONTRACTOR.
In the event of above course being adopted by the OWNER, the CONTRACTOR shall
have no claim to compensation for any loss sustained by him by reason of his having
purchased or procured any materials or entered into any engagements or made any
advance on any account or with a view to the execution of the Work or the performance of
the Contract.

40.21. After giving notice to the CONTRACTOR to measure 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 including any new items needed
to complete the Work. In the event of above courses being adopted by the OWNER, the
CONTRACTOR shall have no claim to compensation for any loss sustained by him by
reasons of his having purchased or procured any materials 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 Contract. In case, action is taken under any of the provision
aforesaid, the CONTRACTOR shall not be entitled to recover or be paid any sum for any
Page 65 of 103
 GCC 2023
work thereof or actually performed under this Contract unless and until the PM/Engineer-
in-Charge has certified in writing the performance of such work and the value payable in
respect thereof and he shall only be entitled to be paid the value so certified.

40.22 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 or one month
whichever is higher, either party may close the contract by giving notice to the other party
stating the reasons. In such eventuality, the Performance Guarantee of the
CONTRACTOR shall be refunded.
Neither party shall claim any compensation for such eventuality and shall not come under
the purview of breach of the Contract by either Party.

ARTICLE - 41: FORCE MAJEURE

41.1 This article shall not effect or alter the rights and liabilities of the Parties which have
already accrued by virtue of or in consequence to the obligations already performed.

DEFINITION OF FORCE MAJEURE

41.2 “Force Majeure(FM)” shall mean any event beyond the control of the OWNER or of
the CONTRACTOR, as the case may be (but excluding ‘Excepted Risks’, which shall be
dealt in accordance with the Contract and which they could not foresee or with a
reasonable amount of diligence could not have foreseen and which substantially affect the
performance of Contract).

41.3 Notwithstanding the generality of the above, the following events shall be termed as
“Force Majeure” events in respect of the Contract

(a) Terrorist acts,

(b) Confiscation, nationalization, mobilization, commandeering or requisition by or

under the order of any Government or de jure or de facto authority or ruler or any
other act of failure to act of any local, state or national Government authority,

(c) National/sectoral embargo, import restriction, port congestion, lack of usual

means of public transportation and communication, industrial dispute, shipwreck,
epidemics, quarantine and plague,

(d) Conditions beyond control of either Party like war (whether declared or not),
hostility, invasion, act of foreign enemies, acts of public enemy, civil war, rebellion
revolution, insurrection, military or usurped power, acts of God such as earthquake,
lightning, cyclone, cloud -burst, land-slides, unprecedented floods come under the
legal concept of Force Majeure.

NOTICE OF FORCE MAJEURE

41.4 If either Party is prevented, hindered or delayed from or in performing any of its
obligations under the Contract by an event of Force Majeure, then it shall notify the other
in writing of the occurrence of such event and the circumstances thereof within fourteen
(14) days after the occurrence of such event.

41.5 The Party who has given such notice shall be excused from the performance or
punctual performance is prevented, hindered or delayed.

Page 66 of 103
 GCC 2023
41.6 Notwithstanding any other provision of the Article, Force Majeure shall not apply to
any obligations of the OWNER to make payments to the CONTRACTOR herein.

DUTY TO MINIMIZE DELAY

41.7 The Party or Parties affected by the event of Force Majeure shall use reasonable
efforts to mitigate the effect thereof upon its or their performance of the Contract and to
fulfil its or their obligations under the Contract, but without prejudice to either party’s right
to terminate the Contract under GCC Article 40.

CONSEQUENCE OF FORCE MAJEURE

41.8 If the CONTRACTOR is prevented from performing its obligations under the Contract
by reason of Force Majeure of which notice has been given under GCC Article 4, and
suffers delay by reason of such Force Majeure, the CONTRACTOR shall be entitled to an
extension of time for any such delay, if the Completion is or will be delayed, in accordance
with GCC Article entitled “Extension of Time” for completion as excusable delay.

41.9 Delay or non-performance by either Party hereto caused by the occurrence of any
event of Force Majeure shall not,

(a) constitute a default or breach of the Contract,

(b) give rise to any claim for damages or additional cost or expense occasioned
thereby if and to the extent that such delay or non-performance is caused by the
occurrence of an event of Force Majeure.

TERMINATION FOR REASONS DUE TO EXTENDED FORCE MAJEURE

41.10 If the performance of the Contract is substantially prevented, hindered or delayed
for a single period of more than Ninety (90) days or an aggregate period of more than one
hundred and eighty (180) days or any such extended period as may be agreed to between
the parties on account of one or more events of Force Majeure during the currency of the
Contract, the Parties will attempt to develop a mutually satisfactory and amicable solution,
failing which either Party may terminate the Contract by giving a thirty (30) days’ notice to
the other.

41.11 In the event of termination pursuant to GCC Article- 41.1, the rights and obligations
of the OWNER and the CONTRACTOR shall be as specified hereunder:

(a) the CONTRACTOR shall be paid at Contract rates for the work already
executed by him.

(b) The OWNER shall have an option to take over the CONTRACTOR’s
facilities/materials or any part thereof brought to site by the CONTRACTOR’s
facilities/materials or any part thereof brought to site by the CONTRACTOR, at such
rates as are determined reasonable by the PM/Engineer-in-Charge.

41.12 All Force Majeure events/circumstances shall be authenticated with order or by

concerned Authorities.

ARTICLE – 42: RESOLUTION OF DISPUTE

DISPUTES AND EXCEPTED MATTERS

42.1 All disputes and differences between the Parties hereto, as to the construction or
operation of this Contract, or the respective rights and liabilities of the Parties on any matter
Page 67 of 103
 GCC 2023
in question; or any other account whatsoever, but excluding the Excepted Matters as per
GCC Article 42.2, arising out of or in connection with the Contract, after aggrieved Party
notifying the other Party of such matters; whether before or after the completion/
termination of the Contract, that cannot be resolved amicably between the OWNER and
the CONTRACTOR, shall be hereinafter called the “Dispute”. The Dispute shall be
resolved without recourse to courts through dispute resolution mechanisms detailed in the
sequence as mentioned below, and the next mechanism shall not be invoked unless the
earlier mechanism has been invoked or has failed to resolve it within the deadline
mentioned therein.

(a) Dispute Resolution Board (Within 60 Days of Notice, to be extended by

another 30 days, if agreed mutually)
(b) Adjudication (Within 60 Days of appointment of Adjudicator, to be extended
by another 30 days, if agreed mutually)
(c) Conciliation (Within 60 Days of appointment of Conciliator, to be extended
by another 30 days, if agreed mutually)
(d) Arbitration

42.2 Excepted Matters

Matters for which provision(s) has been made in the Contract shall be deemed as Excepted
Matters (All matters mentioned as Final and binding on the CONTRACTOR and not
disputable/ arbitrable), and decisions of the OWNER, thereon shall be final and binding on
the CONTRACTOR. The Excepted Matters shall stand expressly non-disputable and
excluded from this Article, including Arbitration.

Unless otherwise stipulated in the Contract, Excepted Matters shall include but not limited
to:
(a) any controversies or claims brought by a Third-Party for bodily injury, death,
property damage or any indirect or consequential loss arising out of or in any way
related to the performance of this Contract (Third-Party Claim), including, but not
limited to, a Party’s right to seek contribution or indemnity from the other Party in
respect of a Third-Party Claim.

(b) Issues related to the pre-award tender process or conditions

(c) Issues related to ambiguity in Contract terms shall not be taken up after a
Contract has been signed.

(d) Provisions incorporated in the Contract, which are beyond the purview of The
OWNER or are in pursuance of policies of Government, including but not
limited to

(i) Provisions of restrictions regarding local content and purchase

preference to Local suppliers in terms of Make in India policy of the Government

(ii) Provisions regarding restrictions on Entities from Countries having

land-borders with India in terms of the Government’s policies in this regard purchase
preference policies regarding MSEs and Start-ups.

DISPUTE RESOLUTION BOARD (DRB)

42.3. Dispute Resolution Board shall comprise Chairman and Members as per the
Contract. All dispute resolution matters shall be addressed by the
OWNER/CONTRACTOR to the Chairman of the DRB with a copy endorsed to the other
party.
Page 68 of 103
 GCC 2023
42.4. The aggrieved party/ claimant shall give in first place a ‘Notice of Dispute’ indicating
the Dispute and claims citing relevant Contractual provision to Director, DCW&E/ the
Dispute Resolution Board as per the Contract and requesting for invoking the following
dispute resolution mechanisms.
42.5. The claimant shall submit to the DRB with copies to the respondent his claims stating
the facts supporting the claims along with all the relevant documents and the relief or
remedy sought against each claim.
42.6. On receipt of such claims, the respondent shall submit its defence statement and
counter claim(s) to the DRB.
42.7. No new claim shall be added during proceedings by either Party. However, a Party
may amend or supplement the original claim or defence thereof during proceedings.
42.8. After going through statement of claims, counterclaims and defence, proceedings of
DRB shall be completed within sixty (60) days of Notice, to be extended by another 30
days, if agreed mutually.

ADJUDICATION
42.9. After exhausting efforts to resolve the dispute, the aggrieved party/ claimant shall
give a ‘Notice of Adjudication’ specifying the matters which are in question, or subject of
dispute or difference indicating the relevant Contractual article, and also the amount of
claim item-wise to the Director, DCW&E through Accepting officer of the Contract, for
invoking resolution of the dispute through adjudication. The Director, DCWE shall inform
the name of the appointed Adjudicator to both the parties.

42.10. During adjudication, the Adjudicator shall give adequate opportunity to the
aggrieved party/ claimant to present his case. Within 60 Days of appointment of
Adjudicator, to be extended by another 30 days, if agreed mutually, the Adjudicator shall
make and notify decisions in writing on all matters referred to him. The parties shall not
initiate, during the adjudication proceedings, any Conciliation or Arbitral or Judicial
proceedings in respect of a dispute that is the subject matter of the Adjudication
proceedings. If not satisfied by the decision in Adjudication, or if the Adjudicator fails to
notify his decision within the above mentioned time-frame, the aggrieved Party/ claimant
may proceed to invoke the process of Conciliation.

CONCILIATION

42.11. Any Party may invoke Conciliation by submitting “Notice of Conciliation” to the
Secretary DDR&D & Chairman DRDO through Accepting Officer of the Contract & Director,
DCW&E. Within 30 days of receipt of “Notice of Conciliation”, the Secretary DDR&D &
Chairman DRDO shall notify a sole Conciliator if the other Party is agreeable to enter
Conciliation.

42.12. If the Parties reach an agreement on a dispute settlement, within 60 days from the
date of appointment of the Conciliator, to be extended by 30 days, if mutually agreed, they
shall draw up a written settlement agreement duly signed by both the Parties and
Conciliator. When both the Parties sign the settlement agreement, it shall be final and
binding on the Parties. The dispute shall be treated as resolved on the date of such
agreement.

42.13. The Parties shall not initiate, during the conciliation proceedings, any Arbitral or
Judicial proceedings in respect of a dispute that is the subject matter of the Conciliation
proceedings.

42.14. Termination of Conciliation

Disputes shall remain alive if the Conciliation is terminated as follows:
Page 69 of 103
 GCC 2023
(i) By written declaration of the Conciliator, after consultation with both
the Parties, to the effect that further efforts at Conciliation are no longer justified, on
the date of such declaration; or

(ii) By a written declaration of any Party to the Conciliator to the effect

that the Conciliation proceedings are terminated, on the date of such declaration;
or If the Parties fail to reach an agreement on a settlement of the dispute, within 60
days (extendable by 30 days) of the appointment of Conciliator.

42.15. On termination of Conciliation, if the dispute is still alive, the aggrieved Party shall
be free to invoke Arbitration.

ARBITRATION
42.16. If an amicable settlement is not forthcoming, recourse may be taken to the
settlement of disputes through Arbitration as per the Arbitration and Conciliation Act 1996,
and as amended for the time being in force.

42.17. Arbitration Agreement

42.17.1 This Arbitration Agreement relating to the Contract is made under the provisions
of The Arbitration and Conciliation Act, 1996 amended 2015 and further amended from
time to time and the rules thereunder (hereinafter called The Arbitration Act). This
Agreement shall continue to survive termination, completion, or closure of the Contract.

42.17.2. Subject to aforesaid provisions, relevant articles of the Contract shall apply to the
appointment of Arbitrators and Arbitration proceedings under this Agreement.

42.17.3. The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 (as
amended) provides parties to a dispute (where one of the parties is a Micro or Small
Enterprise) to be referred to Micro and Small Enterprises Facilitation Council if the dispute
is regarding any amount due under Section 17 of the MSMED Act, 2006 (as amended). If
a Micro or Small Enterprise, being a Party to dispute, refers to the provisions in MSMED
Act 2006 (as amended), these provisions shall prevail over this Agreement.

42.17.4. Notice for Arbitration

(a) Authority to appoint Arbitrator(s): For this Arbitration Agreement ‘The

Appointing Authority’, to appoint the Arbitrator shall be the Secretary, DD (R&D) &
Chairman DRDO or his authorized Officer.

(b) The aggrieved party/ claimant shall submit a “Notice for Arbitration” in
writing to The Secretary DD (R&D) & Chairman, DRDO through Accepting Officer and
Director, DCW&E and request that the dispute or difference be referred to Arbitration.

(c) The “Notice for Arbitration” shall specify the matters in question or subject
of the dispute or difference indicating the relevant Contractual Article, as well as the
amount of claim item-wise.

42.17.5. Reference to Arbitration

After appointing Arbitrator(s), the Appointing Authority shall refer the dispute to them. Only
such dispute or difference shall be referred to Arbitration regarding which the
demand/claim has been made, together with counter-claims or set off. Other matters as
per GCC Article 42.2 shall be beyond the jurisdiction of Arbitrator(s).
Page 70 of 103
 GCC 2023
42.17.6. Appointment of Arbitrator
(a) Qualification of Arbitrators:
(i) In the case of retired officers of DCWE, he shall have retired in the rank of
CCE/ Scientist- ‘F’/ Scientist- ‘G’ (or equivalent) and shall have retired at least 1 years prior
and must not be over 75 years of age on the date of Notice for Arbitration.

(ii) He/ they shall not have had an opportunity to deal with the matters to which
the Contract relates or who, in the course of his/ their duties as officers of the DCWE,
expressed views on any or all of the matters under dispute or differences. The proceedings
of the Arbitral Tribunal award made by such Tribunal shall, however, not be invalid
merely for the reason that one or more Arbitrators had in the course of his service, an
opportunity to deal with the matters to which the Contract relates or who in the course of
his/ their duties expressed views on all or any of the matters under dispute.

(iii) An Arbitrator may be appointed notwithstanding the total no. of Arbitration

cases in which he has been appointed in the past.

(iv) Not be other than the person appointed by The Appointing Authority and that
if for any reason that is not possible, the matter shall be dealt as per Arbitration and
Conciliation Act, as amended.

(b) Replacement of Arbitrators: If one or more of the Arbitrators appointed as

above refuses to act as Arbitrator, withdraws from his office as Arbitrator, or in the event
of the Arbitrator dying, neglecting/ unable or unwilling or refusing to act for any reason, or
his award being set aside by the court for any reason, or in the opinion of The Appointing
Authority fails to act without undue delay, the Appointing Authority shall appoint new
Arbitrator(s) to act in his/ their place in the same manner in which the earlier Arbitrator(s)
had been appointed. Such a re-constituted Tribunal may, at its discretion, proceed with the
reference from the stage at which it was left by the previous Arbitrator(s).

(c) Appointment of Arbitrator:

(i)If the Contract amount is less than Rs.100 crores, the dispute may be referred for
Adjudication by a sole Arbitrator. For this purpose, The Appointing Authority shall send to
the claimant/ respondent, within 60 days from the day of receipt of a written and valid notice
for Arbitration, a panel of at least four (4) names of retired officers, duly indicating their
retirement dates. The claimant/ respondent shall be asked to nominate at least two names
out of the panel for appointment as his nominee within 30 days from the dispatch date of
the request by the Appointing Authority. The Appointing Authority shall appoint one out of
them as the sole Arbitrator, mutually agreed by both the Parties, within 30 days from the
receipt of the names of the claimant’s nominees.

(ii) If the Contract amount is Rs.100 crore or more, the dispute may be referred
to an Arbitral Tribunal of three Arbitrators. For this purpose, The Appointing Authority shall
send a panel of at least four (4) names of such Officer(s) empanelled to work as Arbitrators
duly indicating their retirement date to the Claimant/ respondent within 60 days from
the day when the Appointing Authority (through Director, DCW&E/Accepting Officers)
receives valid demand for Arbitration.
The claimant/ respondent shall be asked to nominate at least 2 names out of the panel for
appointment as his nominee within 30 days from the dispatch date of the request by The
Appointing Authority. The Appointing Authority shall appoint one out of them as the
claimant’s nominee and other as respondent’s nominee. The two appointed Arbitrators
shall appoint the third Arbitrator who shall act as a Presiding Arbitrator, within 30 days from
the receipt of the names of claimant/ respondent’s nominees.
Page 71 of 103
 GCC 2023
(iii) If the CONTRACTOR does not suggest his nominees for the Arbitral Tribunal
within the prescribed timeframe, the Appointing Authority shall proceed for
appointment of the Arbitral Tribunal within 30 days of the expiry of such time provided to
the CONTRACTOR.

42.17.7. Failure to appoint Arbitrators.

If the Appointing Authority fails to appoint an Arbitrator within 60 (sixty) days, then subject
to the survival of this Arbitration Agreement, the Supreme Court of India or High Court shall
designate the Arbitral institution for the appointment of Arbitrators. These Arbitral
institutions must complete the selection process within thirty days of accepting the request
for the Arbitrator's appointment.

42.17.8. The Arbitral Procedure: the procedure shall be as per the Arbitration and
Conciliation Act, 1996 and amendment for the time being in force. Following steps shall be
taken for the Arbitral procedure: -

(a) Effective Date of entering reference: The Arbitral Tribunal shall be deemed
to have entered the reference on the date on which the Arbitrator(s) have received notice
of their appointment. All subsequent time limits shall be counted from such date.

(b) Seat and Venue of Arbitration: The seat of Arbitration shall be the place from
which the Letter of Award or the Contract is issued. The venue of Arbitration shall be the
same as the seat of Arbitration.

(c) The claimant shall submit to the Arbitrator(s) with copies to the respondent,
his claims stating the facts supporting the claims along with all the relevant documents
and the relief or remedy sought against each claim.

(d) On receipt of such claims, the respondent shall submit its defence statement
and counter claim(s).

(e) No new claim shall be added during proceedings by either Party. However,
a Party may amend or supplement the original claim or defence thereof during Arbitration
proceedings subject to acceptance by the Tribunal having due regard to the delay in
making it.

(f) Award within 12 (twelve) months: The Arbitral Tribunal is statutorily bound to
deliver an award within 12 (twelve) months from the date when the Arbitral Tribunal enters
reference. The award can be delayed by a maximum of six months only under exceptional
circumstances where all parties consent to such extension of time.

(g) Confidentiality: All the details and particulars of the Arbitration proceedings
shall be kept confidential, except in certain situations like if the disclosure is necessary for
the implementation or execution of the Arbitral Award.

(h) Obligation during pendency of Arbitration: Performance of the contract shall,

unless otherwise directed by the OWNER, continue during the Arbitration proceedings,
and no payment due or payable by the OWNER shall be withheld on account of such
proceedings, provided; however, it shall be open for Arbitral Tribunal to consider and
decide whether or not the performance of Contract or payment therein should continue
during Arbitration proceedings.

Page 72 of 103
 GCC 2023
42.17.9. The Arbitral Award

(a) In the case of the Tribunal comprising of three members, any ruling on award
shall be made by a majority of members of the Tribunal. In the absence of such a majority,
the views of the Presiding Arbitrator shall prevail.

(b) The Arbitral Award shall state item-wise the sum and reasons upon which it
is based. The analysis and reasons shall be detailed enough so that the Award can be
inferred from it.

(c) It is further a term of this Arbitration Agreement that where the Arbitral Award
is for the payment of money, no interest shall be payable on whole or any part of the money
for any period till the date on which the award is made.

(d) The Award of the Arbitrator shall be final and binding on the parties to this
Contract.

(e) A Party may apply for corrections of any computational errors, typographical
or clerical errors, or any other error of similar nature occurring in the Award or interpretation
of a specific point of the Award to the Tribunal within 60 days of receipt of the Award.

(f) A Party may apply to the Tribunal within 60 days of receiving the Award to
make an additional Award as to claims presented in the arbitral proceedings but omitted
from the Arbitral Award.

(g) In cases where the OWNER has challenged an Arbitral Award and, as a result,
the amount of the Arbitral Award has not been paid, 75% of the Arbitral Award shall be
paid by the OWNER to the CONTRACTOR against an equal value of Bank Guarantee
(BG). The BG shall only be for the said 75% of the Arbitral Award as above which may
become payable to the OWNER should the subsequent Court order require refund of the
said amount.

(h) The payment may be made into a designated Escrow Account with the
stipulation that the proceeds will be used first, for payment of lenders' dues, second, for
completion of the Work and then for completion of other Work(s0 of the same OWNER as
mutually agreed/ decided. Any balance remaining in the Escrow Account subsequent to
settlement of lenders' dues and completion of works of the OWNER may be allowed to be
used by the CONTRACTOR with the prior approval of the lead Banker and the OWNER.
If otherwise eligible and subject to Contractual provisions, Retention money and other
amounts withheld may also be released against equal value of BG.

(j) No interest shall be payable on any Arbitral Award, whatsoever.

42.17.10. Cost of Arbitration and fees of the Arbitrator(s)

The concerned Parties shall bear the cost of Arbitration in terms of section 31 (A) of The
Arbitration Act, as amended. The cost shall inter-alia include fees of the Arbitrator. Further,
the fees payable to the Arbitrator shall be governed by instructions issued on the subject
by the Government from time to time, in line with the Arbitration and Conciliation Act (as
amended).

ARTICLE - 43: LIQUIDATION

Page 73 of 103
 GCC 2023
43.1. In case the CONTRACTOR undergoes insolvency or receivership; neglects or
defaults, or expresses inability or disinclination to honour his obligations relating to the
performance of the Contract or ethical standards or any other obligation that substantially
affects the OWNER’s rights and benefits under the Contract, it shall be treated as a ‘Breach
of Contract’ and OWNER reserves the right of termination of the Contract as per GCC
Article 40. Such defaults could include inter-alia:

(a) Insolvency: If the CONTRACTOR being an individual or if a firm, any partner

thereof, shall at any time, be adjudged insolvent or shall have a receiving order or order
for the administration of his estate made against him or shall take any proceeding for
composition under any Insolvency Act for the time being in force or make any
conveyance or assignment of his effects or enter into any assignment or composition with
his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or

(b) Liquidation: if the CONTRACTOR is a company being wound up voluntarily or by

order of a Court or a Receiver, Liquidator or Manager on behalf of the Debenture-holders
is appointed, or circumstances shall have arisen which entitle the Court or Debenture-
holders to appoint a Receiver, Liquidator or Manager.

43.2. If the CONTRACTOR commences to be wound up, for the purpose of amalgamation
or reconstruction, or carries on his business under a Receiver for the benefits of his creditor
the OWNER shall be at liberty to:

a) Give such receiver the Liquidator or other person the option of carryout the
performance under the Contract, subject to the Receiver, Liquidator or the person
providing a guarantee up to an amount to agreed upon by the OWNER and such
Receiver, Liquidator or other person for the due and faithful performance of the
CONTRACTOR’s obligations under this Contract, or

b) If the Receiver, Liquidator or other person fails within 30 (thirty) days to exercise
any one option to carry out performance of the Contract then the OWNER may
terminate the Contract and give notice in writing to the CONTRACTOR or to the
Receiver, Liquidator or to any person in whom the Contract may have become
vested.

ARTICLE – 44: EFFECTIVE DATE OF AGREEMENT

44.1. The Contract Agreement shall become effective from the date of issue of letter of
intent by the OWNER or the effective date mentioned in the Contract whichever is later.
The dates of completion of milestones and works shall be counted from such dates.

ARTICLE - 45: ANNEXURES TO THE CONTRACT

45.1. Following Annexure shall constitute an integral part of the Contract Agreement:

Annexure – I : Invitation to Tender,

Annexure – II : Instruction to Tenderer/Bidder
Annexure – III : General Conditions of Contract (GCC)
Annexure – IV : Special conditions of Contract (SCC)
Annexure – V : Bid data sheets (such as Site description, brief of Work, soil
investigation report, etc.)
Annexure – VI : Scope of Work
Annexure – VII : Period of completion, completion milestones,
Page 74 of 103
 GCC 2023
construction programme, manpower and equipment
mobilisation.
Annexure – VIII Schedule of Items, Bill of Quantities, Financial
Bid/Price Bid.
Annexure – IX : Tender Drawings.
Annexure – X : Technical Specifications.
Annexure – XI : Particular Technical Specifications
Annexure- XII : List of Approved Makes
Annexure – XIII : Forms

45.2. If annexures other than as specified above as referred to elsewhere in the Contract,
such Annexures shall also form an integral part of the Contract.

Article – 46: CODE OF INTEGRITY AND INTEGRITY PACT

CODE OF INTEGRITY
46.1. OWNER as well as Bidders/ CONTRACTORs should observe the highest standard
of ethics and should not indulge in following prohibited practices, either directly or indirectly,
at any stage during the Tender process or during the execution of resultant contracts:
(a) “Corrupt practice” - making offer, solicitation or acceptance of a bribe, reward
or gift or any material benefit, in exchange for an unfair advantage in the Tender process
or to otherwise influence the Tender process;

(b) “Fraudulent practice” - any omission or misrepresentation that may mislead

or attempt to mislead so that financial or other benefits may be obtained or an
obligation avoided. Such practices include a false declaration or false information for
participation in a Tender process or to secure a Contract or in the execution of the Contract;

(c) “Anti-competitive practice” - any collusion, bid-rigging or anti- competitive

arrangement, or any other practice coming under the purview of the Competition Act,
2002, between two or more bidders, with or without the knowledge of the OWNER, that
may impair the transparency, fairness, and the progress of the Tender process or to
establish Bid prices at artificial, non-competitive levels;

(d) “Coercive practice” - harming or threatening to harm persons or their

property to influence their participation in the Tender process or affect the execution of
Contract;

(e) “Conflict of interest” –participation by a Bidding firm or any of its

affiliates who are either involved in the Consultancy Contract to which this
procurement is linked; or if they are part of more than one bid in the procurement; or if their
personnel have a relationship or financial or business transactions with any official of the
OWNER who are directly or indirectly related to tender or execution process of Contract;
or improper use of information obtained by the (prospective) Bidder from the OWNER with
an intent to gain unfair advantage in the Tender process or for personal gain;

(f) “Obstructive practice” - materially impede OWNER’s investigation into

allegations of one or more of the above mentioned prohibited practices either by
deliberately destroying, falsifying, altering; or by concealing of evidence material to the
investigation; or by making false statements to investigators and/ or by coercive practices
mentioned above, to prevent it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or by impeding the OWNER’s rights of
audit or access to information;

Page 75 of 103
 GCC 2023
46.2. Obligations for Proactive Disclosures
(a) OWNER, Bidders/ CONTRACTORs are obliged under this Code of Integrity
to suo-moto proactively declare any conflict of interest (coming under the definition
mentioned above pre-existing or as and as soon as these arise at any stage) in any Tender
process or execution of the Contract. Failure to do so shall amount to a violation of this
code of integrity.

(b) Bidder must declare, whether asked or not in a Bid-document, any

previous transgressions of such code of integrity during the last three years under
any category of debarment by the central Government or by the Ministry/ Department of
the Procuring Organisation from participation in Tender processes. Failure to do so shall
amount to a violation of this code of integrity.

46.3. Misdemeanours and Penalties

The following shall be considered misdemeanours. If a Bidder/ CONTRACTOR commits
any of the following, either directly or indirectly, at any stage during the Tender process or
during the execution of resultant contract:

(a) violates the code of Integrity and the Integrity Pact included in the Tender/
Contract;
(b) any other misdemeanour, e.g., supply of substandard quality of
material/ services/ work or non-performance or abandonment of Contract or failure
to abide by the Declarations submitted.
(c) has been convicted of an offence or Under the Prevention of Corruption
Act, 1988; or the Indian Penal Code or any other law for the time being in force for
causing any loss of life or property or causing a threat to public health as part of the
execution of a public procurement contract.
(d) is determined by the Government of India to have doubtful loyalty to the
country or National Security consideration.
(e) employs a Government servant, who has been dismissed or removed on
account of corruption or employs a non-official convicted for an offence involving corruption
or abetment of such an offence, in a position where he could corrupt Government
servants or employs a Government officer within one year of his retirement, who has had
business dealings with him in an official capacity before retirement.

46.4. Penalties for Misdemeanours

Without prejudice to and in addition to the rights of the OWNER to other remedies as per
the Contract, If the OWNER concludes that a (prospective) Bidder/ CONTRACTOR directly
or through an Agent has committed a misdemeanour in competing for the Tender or in
executing a Contract, the OWNER shall be entitled, and it shall be lawful on his part to take
appropriate measures, including the following:

(a) if his bids are under consideration in any procurement of works: -

(i)Enforcement of Bid Securing Declaration in lieu of forfeiture or

encashment of Bid Security.
(ii)Calling off of any pre-Contract negotiations, and;
(iii)Rejection and exclusion of Bidder from the Tender process after issue of
Debarment Order.
(iv) In case a debarred Bidder becomes L-1, the next eligible lowest Bidder shall
be considered as L-1.

(b) if a Contract has already been awarded

Page 76 of 103
 GCC 2023
(i) Termination of Contract for Default and availing all remedies prescribed
thereunder;
(ii) Encashment and/ or Forfeiture of any Contractual Security or Bond relating
to the procurement of the Work(s);
(iii) Recovery of payments including advance payments, if any, made by the
OWNER along with interest thereon at the prevailing rate as per Contract.

46.5. Remedies in addition to the above: In addition to the above penalties, the OWNER
shall be entitled, and it shall be lawful on his part to:

(a) File information against Bidder or any of its successors, with the
Competition Commission of India for further processing, in case of anti-
competitive practices;

(b) Initiate proceedings in a Court of law against Bidder or any of its

successors, under the Prevention of Corruption Act, 1988 or the Indian Penal
Code or any other law for transgression not addressable by other remedies listed in this
GCC Article.

(c) Remove Bidder or any of its successors from the list of enlisted
CONTRACTOR for a period not exceeding two years. CONTRACTOR removed
from the list of enlisted CONTRACTOR or their related entities may be allowed to
apply afresh for enlistment after the expiry of the period of removal.

(d) Initiation of suitable disciplinary or criminal proceedings against any

individual or staff found responsible.

(e) Debar a Bidder/ CONTRACTOR/ Firm from participation in future Tenders

without prejudice to OWNER’s legal rights and remedies after giving reasonable
opportunities/ notice to represent against such debarment. Debarment shall automatically
extend to all the “Allied Firms” of the debarred Firm. However, debarment in any manner
shall not impact any other Contractual or other legal rights of the OWNER. “Allied Firm”
means all concerns which come within the effective influence of the Firm.

(f) The Ministry/ Department (or any of its CPSUs, attached offices, autonomous
bodies) may debar a Bidder or any of its successors from participating in any Tender
process undertaken by all its procuring entities for a period not exceeding two years
commencing from the date of debarment for misdemeanours listed above.

INTEGRITY PACT
46.6. Integrity Pact shall have to be signed by Bidder as per Annexure mentioned in the
Tender Document and be submitted along with the Tender Documents.

ARTICLE – 47: LUMPSUM PROVISION IN TENDER

When 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 Work in question is not, in the opinion of the
PM/Engineer-in-Charge payable of measurement, the PM/Engineer-in-Charge may at his
discretion pay the lump-sum amount as per the Contract rate, and such payment by
PM/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 Contract.

Page 77 of 103
 GCC 2023
ARTICLE – 48: CLOSURE OF CONTRACT

48.1. “No Demand Certificate” and Release of Contract Securities: The

CONTRACTOR shall submit a “No Demand certificate” to the OWNER requesting the
release of its Contractual securities, if any, after DLP. The OWNER shall release the
Contractual securities without any interest if no outstanding obligation, asset, or payments
are due from the CONTRACTOR. The CONTRACTOR shall not be entitled to make any
claim whatsoever against the OWNER under or arising out of this Contract, nor shall the
OWNER entertain or consider any such claim, if made by the CONTRACTOR, after he
shall have signed a “No Demand Certificate”, in favour of the OWNER. The
CONTRACTOR shall be debarred from disputing the correctness of the items covered by
the “No Demand Certificate” or demanding a clearance to Arbitration in respect thereof.

48.2. The Contract shall stand closed upon:

(a) Successful performance of all obligations by both Parties, including

completion of DLP obligations as per Contract and final payment.
(b) Termination and settlements after that, if any, as per GCC Article 40.

48.3. Completion of Contract

48.3.1 The Contract is not to be treated as completed until a Final Acceptance Certificate
(FAC) has been issued by the OWNER. There will be only one FAC. It will be issued when
the CONTRACTOR has completed all his obligations under the Contract.

48.3.2 OWNER will ensure that there is nothing outstanding from the CONTRACTOR, and
“No Demand Certificate” has been taken from the CONTRACTOR.

ARTICLE – 49: LIST OF MANUALS / STANDERD OPERATING

PROCEDURE(SOP)

49.1. Following list of codes/manuals/ SoP(s) shall be referred to and enclosed as a part
of Tender/ Contract:
(I) RDCE Contractor’s Labour Regulations
(II) RDCE Safety Code

49.2. Any other SOP on security, secrecy and working in restricted area shall be as per
other terms and conditions of the Contract.

ARTICLE - 50: RISK DISTRIBUTION

OWNER’S AND CONTRACTOR’S RISKS AND INSURANCE

50.1. The OWNER carries risks which this Contract states as OWNER’s risks, and the
CONTRACTOR carries risks which this Contract states as CONTRACTOR’s risks, under
this article.

50.2. Irrespective of the OWNER’s Risks or CONTRACTOR’s Risks the CONTRACTOR

shall execute the Work(s) as per the Contract and as directed by the OWNER.

OWNER’S RISK:

Page 78 of 103
 GCC 2023
50.3. “Excepted Risk” are risks over which the CONTRACTOR has no control. If the
OWNER examines and finds that such events,mentioned below, are not caused by the
CONTRACTOR, then the OWNER may accept these risks as such.

50.3.1. The ‘Excepted Risks’ are

(a) In so far as they occur in the Union of India and directly affect the
execution of the Works:
(i) Riot (other than those on account of CONTRACTOR's employees),
commotion or disorder, sabotage, lockout unless solely restricted to
employees of the CONTRACTOR or of his Sub-contractors and arising
from the conduct of Work(s);
(ii) Ionising radiations, or contamination by radioactivity from any nuclear
fuel, or from any nuclear waste from the combustion of nuclear fuel,
radioactive, toxic, explosive, or other hazardous properties of any explosive,
nuclear assembly or nuclear component;
(iii) Pressure waves caused by aircraft or other aerial devices
travelling at sonic or supersonic speed;
(iv) Any acts of Government, damages from aircraft, serious loss or damage
by fire and/or explosions
(v) The causes solely due to use or occupation by the OWNER of the part of
the Work(s) in respect of which a certificate of completion has been issued.

(b) A cause due to the design of the Work(s), other than the
CONTRACTOR’s design.

50.3.2. In the event of any loss or damage to the Work or any part thereof and/or to any
materials or articles at the Site from out of any occurrence of Excepted Risks, the following
provisions shall have effect:

(a) The CONTRACTOR shall, as may be directed in writing by the

PM/Engineer-in- Charge, remove from the Site any debris and so much of the
Work(s) as shall have been damaged, take the same to the place identified by the
OWNER.

(b) The CONTRACTOR shall, as may be directed in writing by the PM/ Engineer-
in- Charge, proceed to rectify, repair, reconstruct or replace the damaged articles,
materials and the Work(s) under and in accordance with the Conditions of the Contract.
(c) If the CONTRACTOR is prevented from performing its obligations under the
Contract by reason of Excepted Risks of which notice has been given under GCC Article
4, and suffers delay by reason of such Excepted Risks, the CONTRACTOR shall be
entitled to an extension of time for any such delay, if the completion is or will be delayed.

50.3.3. The CONTRACTOR shall not be entitled to payment under the above provisions in
respect of so much loss or damage as has been occasioned by any failure on his part to
perform his obligations under the Contract or not taking precautions to prevent loss or
damage or minimise the amount of such loss or damage.

CONTRACTOR’S RISKS

50.4. All risks of loss of or damage to the physical property and of personal injury and
death, which arise during and in consequence of the performance of the Contract, other
than those covered under the Excepted Risks, will be the liability of the CONTRACTOR,
except as otherwise provided in the Contract.

Page 79 of 103
 GCC 2023
50.5. From commencement to completion of the Work, the CONTRACTOR shall take full
responsibility for the care thereof and for taking precautions to prevent loss or damage and
to minimise loss or damage to the greatest extent possible and shall be liable for any
damage or loss that may happen to the Work or any part thereof from any cause
whatsoever (save and except due to Excepted Risks) and shall at his own cost repair and
make good the same so that at completion the Works shall be in good order and condition
and in conformity in every respect with the requirements of the Contract and instructions
of the PM/Engineer-in-Charge.

50.6. The CONTRACTOR shall indemnify and keep indemnified the OWNER against all
losses and claims for injuries or damage to any person or any property whatsoever which
may arise out of or in consequence of the construction and maintenance of the Work and
against all claims, demands, proceedings, damages, costs, charges and expenses
whatsoever in respect of or in relation thereto,provided always that nothing herein
contained shall be deemed to render the CONTRACTOR liable for or in respect of or to
indemnify the OWNER against any compensation or damage caused by any occurrence
of the Excepted Risks.

ARTICLE - 51: COMPLIANCE TO CARRIAGE BY ROAD RULES

51.1. All T&P and Materials required for the Work(s), whether bought by CONTRACTOR
or issued by the OWNER, if required to be transported by Road, must necessarily be
transported through a registered common carrier as per Carriage by Road Rules 2011 of
Government of India (as amended).

ARTICLE - 52: LIMITATION OF LIABILITY

52.1. Except in cases of criminal negligence or wilful misconduct:

(a) Neither Party shall be liable to the other Party, whether in Contract, tort, or
otherwise, for any indirect or consequential loss or damage, loss of use, loss of production,
or loss of profits or interest costs, which may be suffered by the other Party in
connection with the Contract, provided that this exclusion shall not apply to any obligation
of the CONTRACTOR to pay liquidated damages to the OWNER.

(b) The aggregate liability of the CONTRACTOR to the OWNER, whether under
the Contract, in tort or otherwise, shall not exceed the total Contract price, provided that
this limitation shall not apply to any obligation of the CONTRACTOR to indemnify the
OWNER.

(c) The aggregate liability of the OWNER to the CONTRACTOR, whether under
the Contract, in tort or otherwise, at any point of time during the execution/performance
of the Contract, shall not exceed the total Contract price less payments already released
to the CONTRACTOR.

ARTICLE-53: AMENDMENTS

53.1 No provision of this Contract shall be changed or modified in any way, including this
article, either in whole or in part except by an instrument in writing made after the effective
date of agreement and signed by both the Parties with expression to amend the Contract.

Page 80 of 103
 GCC 2023

ANNEXURE ‘A’

RDCE
CONTRACTOR’S LABOUR REGULATIONS

DIRECTORATE OF CIVIL WORKS AND ESTATES (DCW&E)

2023

Page 81 of 103
 GCC 2023
CONTRACTOR'S LABOUR REGULATIONS

1. During the entire period of Contract, the CONTRACTOR and his Sub-contractors shall,
at all times abide by all existing and as amended from time to time labour codes,
enactments, rules made therein, regulations, notifications and bye-laws by the
appropriate Government, local authority or any other labour laws or notification that may
be issued under any labour law published by the State or Central Government or Local
Authorities. An illustrative list of acts, notifications, rules etc. in connection with the labour
wherever applicable is provided in Clause No.1.1 below. This list is not in any way
exhaustive and shall not absolve the CONTRACTOR from any of his liabilities or
responsibilities in compliance with any other laws/regulations/notifications etc. as
applicable during Contract period.

1.1. Acts/ Statutes/codes related to Human Resources:

(a) Building and other construction workers act, 1996 (BOCWA).
(b) Building and other construction workers Central Rules, 1998 (BOCWR) as
adopted by various state Govt.
(c) (i) Factories Act. 1948, (within as existing Lab/Estts premises
registered under applicable Factory/Industrial act).
(ii) Factories rules as adopted by state governments.
(d) EPF & Miscellaneous Provisions (MP) Act, 1952;
(e) Building & Other Construction Workers (Regulation of Employment &
Conditions of Service) Act, 1996;
(f) ESI Act, 1948;
(g) Minimum Wages Act, 1948 and Minimum Wages (Central) Rules, 1950;
(h) Payment of Wages Act, 1936;
(j) Payment of Bonus Act, 1965;
(k) Payment of Gratuity Act, 1972;
(l) Workmen’s Compensation Act, 1923;
(m) Industrial Disputes Act, 1947;
(n) Maternity Benefit Act, 1961;
(o) Inter-State Migrant Workmen (Regulation of Employment & Conditions of
Service) Act, 1979;
(p) Fatal Accidents Act, 1855
(q) Model Welfare Schemes by Ministry of Labour & Employment, Central Govt.
(r) Unorganised Works Social Security Act-2008.
(s) The Personal Injury Act-1963.
(t) Workmen’s Compensation Occupational Rule-1964.
(u) Part-III (Article 12-35) benchmark for labour law of Constitution of India.
(v) Code on Wages, 2019.
(w) Industrial Relations code, 2020.
(x) Occupational Safety, Health and Working conditions code, 2020.
(y) Equal Remuneration Act, 1976.
(z) Contract Labour Act, 1970.
(aa) Contract Labour (Regulation and abolition) Central Rules, 1971.
(ab) Bonded Labour System (Abolition) Act, 1976.
(ac) The Child Labour (Provisions & Regulations) Act, 1986.
(ad) Sexual Harassment at Works Place Act 2013
(ae) Employees State Insurance Act 1948.
(af) Employers Liability Act 1938.
(ag) Building and other construction workers welfare cess act, 1996;
(ah) The code on wages, 2019 and Code on wages (Central advisory board) rules,
2021;
Page 82 of 103
 GCC 2023
(aj) The code on social security, 2020

The laws, acts, rules, codes and regulations mentioned at Clause No. 1.1 shall be
deemed to be a part of this Contract and any breach thereof shall be deemed to be
a breach of this Contract.

2. Independent CONTRACTOR
The Contractor's status shall be that of an independent CONTRACTOR and Primary
Employer of staff and workman deployed during the Contract by him or his Sub-
contractors or other associates. The CONTRACTOR, its employees, and Sub-
contractors performing under this Contract are not employees of the OWNER or
Central Government, simply by services delivered under the Contract.

3. The CONTRACTOR shall obtain a valid licence under the applicable labour
acts, codes and the rules as modified from time-to-time before the commencement
of the Contract and continue to have a valid licence until the completion of Contract.
Any failure to fulfil this requirement, the OWNER shall treat it as a breach of Contract
for default as per the Contract and avail any or all remedies thereunder. It is
specifically agreed that the CONTRACTOR and his Sub-Contractors shall obtain all
the necessary registration, licenses, permits, authorizations etc. required under
various enactments/ regulations enforced from time to time, specifically registration
as employer under Provident Fund Act and Contract Labour Regulation & Abolition
Act, and the OWNER shall not be liable for any violation by the Contractor in this
regard.

4. In respect of all labour directly or indirectly employed for the performance of

the Contract, the CONTRACTOR shall comply with or cause to comply with the
provisions of the aforesaid labour codes and the rules wherever applicable. The
CONTRACTOR shall be solely responsible for submitting all the necessary returns
under these codes and the rules. Nevertheless, the CONTRACTOR shall submit
returns after each payment made by the OWNER or as directed by PM/Engineer-
in-Charge to confirm compliance with such codes and rules. Failure to do so shall
entitle OWNER to take any measure to ensure compliance to such codes and rules
by the CONTRACTOR and his associates, including, but not limited to, withholding
CONTRACTOR’s subsequent on-account bills.

5. Payment of Wages
5.1 The CONTRACTOR shall pay the wages as per the applicable codes, rules
and regulation on wages to their workers not below the rate of minimum wages, as
notified by the State Government or Central Government, whichever is higher.
Failure to do so shall entail OWNER taking up any measure to ensure the payment
of wages including, but not limited to, withholding/making recovery from
CONTRACTOR’s on- account bills. The decision of the OWNER regarding the
amount actually recoverable from the CONTRACTOR shall be final and binding on
the CONTRACTOR.

5.2 The CONTRACTOR shall, notwithstanding the provisions of any Contract to

the contrary, ensure payment of fair wages to labour directly or 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.

5.3 Whatever 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
Page 83 of 103
 GCC 2023
workmen/labour directly without the intervention of Agent/Agency and that any
Agent/Agency 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.

5.4 (a) The CONTRACTOR shall fix wage periods, not exceeding one month, in
respect of which wages shall be payable.

(b) The wages of every person employed as contract labour in an establishment

or by the CONTRACTOR where less than one thousand such persons are
employed shall be paid before the expiry of seventh day and in other cases before
the expiry of tenth day after the last day of the wage period in respect of which the
wages are payable.

(c) Display of Notice Regarding Wages etc.

The CONTRACTOR shall, before he commences his work on Contract, display and
correctly maintain and continue to display and correctly maintain in a clear and
legible condition in conspicuous places on the Work, notices in English and in the
local Indian languages spoken by the majority of the workers giving the minimum
rates of wages fixed under Minimum Wages Act, the actual wages being paid, the
hours of work for which such wage are earned, wages periods, dates of payments
of wages and other relevant information and a copy of the same may be sent by the
CONTRACTOR to the PM/Engineer-in-Charge.

5.5. Minimum Wages Act

The CONTRACTOR shall comply with all the provisions of the Minimum Wages Act,
1948, and Contract Labour (Regulation and Abolition) Act, 1970, amended from
time to time and rules framed there under and other labour laws affecting contract
labour that may be brought into force from time to time.

6. The obligation of Contractor is to ensure awareness of labour acts, codes &

rules to all their labour/workers/employees and compliance to be included in his
return submitted to the OWNER.

7. Sub-contractors
7.1 The Contractor and his Sub-contractor shall indemnify the OWNER, from any
action taken against the OWNER by any Competent Authority in connection with
the enforcement of the applicable laws, regulations, notifications, on account of
contravention of any of the provision therein, including amendments thereto.

7.2 The CONTRACTOR shall indemnify and keep indemnified the OWNER
against payments to be made under and for the observance of the laws mentioned
at Clause No.1.1 and the RDCE Contractor's Labour Regulations without prejudice
to his right to claim indemnity from his Sub-contractors.

8. If the OWNER, is held liable as ‘PRINCIPAL EMPLOYER’ or otherwise to

incur any expenditure or to make any contributions under any legislation of the
Government or Court’s decision, in respect of the employees of the Contractor or
his Sub-contractors, then the OWNER shall be entitled to recover such amount
from the CONTRACTOR, or otherwise take any measure(s) to recover the same.

9 Accident or Injury to Workmen

9.1 The CONTRACTOR shall be solely liable for any accident or injury to any of
the personnel engaged by him or by his Sub-contractors in connection with the
Contract work.
Page 84 of 103
 GCC 2023
9.2 The CONTRACTOR or his Sub-contractor shall forthwith report to the
OWNER all cases of accidents to any of their personnel / workmen and shall make
every arrangement to render all possible assistance and aid to the victim of the
accident.

10. Recovery of Compensation paid to Workmen

In every case in which by virtue of the provisions in the Workmen's Compensation
Act. 1923, Government is obliged to pay compensation to a workman employed by
the CONTRACTOR, in execution of the Work(s),the OWNER will recover from the
CONTRACTOR, the amount of the compensation so paid and without prejudice to
the rights of the OWNER under the said Act, OWNER shall be at liberty to recover
such amount or any part thereof by deducting it from the Security Deposit or from
any sum due to the CONTRACTOR.

12. Health and Sanitary arrangements

In respect of all labour directly or indirectly employed in the Work(s) for the
performance of the Contract, the CONTRACTOR shall comply with or cause to be
complied with acts, codes and rules as mentioned in Clause No 1.1 and the rules
framed by Government time to time for the protection of health and sanitary
arrangements for workers employed by the CONTRACTORS and their Sub-
contractors.

13. Maternity Leave and pay

In respect of all female labour directly or indirectly employed in the works for the
performance of the Contract, the CONTRACTOR shall comply with or cause to be
complied with acts, codes and rules as mentioned in Clause No 1.1 and the rules
framed by Government time to time for maternity leave and payment towards
delivery-leave, mis-carriage leave etc.

14. If it appears to the PM/Engineer-in-Charge that the CONTRACTOR and it’s

Sub-contractors is/are not properly observing and complying with the provisions of
the RDCE Contractor's Labour Regulations and referred laws, acts, rules therein,
the PM/Engineer-in-Charge shall have right to give notice in writing to the
CONTRACTOR requiring that the said rules be complied with and the
payments/compensation and all amenities prescribed therein be provided to the
work-people within a reasonable time.

15. The CONTRACTOR shall provide, at his cost, to all staff and workmen
directly or indirectly employed on the Work(s) all amenities such as living
accommodation, sanitation facilities, water supply, drainage, health services,
sewage disposal for securing proper working and living conditions at the Site and at
the labour camp. The CONTRACTOR shall also provide medical facilities at the
site as per BOCW Act, 1996 and BOCW Central Rules, 1998.

16. Contribution of EPF and ESI

The ESI and EPF contributions in respect of the Contract shall be paid by the
CONTRACTOR as an employer. The CONTRACTOR shall submit documentary
proof of such payments provided to the OWNER as per Contract condition.

17. The CONTRACTOR shall give all notices and pay all fees and taxes required
to be given or paid under any Central or State Statues Ordinance or other laws or
any regulations or Bye-laws of any local or other constituted authority in relation to
the Contract Work.
Page 85 of 103
 GCC 2023
18. The CONTRACTOR shall ensure that no child labour is employed or
permitted to work in any activity covered under the Contract Agreement.

19. Labour Records

The CONTRACTOR shall maintain all Registers required under the Contract as per
the applicable acts/ rules/ regulations as mentioned in clause 1.1.
All labour records shall be preserved in original for a period of three years from the
date of last entries made in them and shall be made available for inspection by the
PM/Engineer-in-Charge or Labour Officer or any other officers authorised by the OWNER
in this behalf.

20. The report comprising of investigation or enquiry of visiting Labour Officer

(Central) or other persons authorised shall be submitted by the CONTRACTOR to
the PM/ Engineer-in-Charge. If the said report states that any default has been
made, then necessary deductions from the CONTRACTOR’s bill shall be made by
the OWNER and the wages and other dues shall be paid to the labourers
concerned.

21. Prohibition Regarding Representation Through Lawyer

(a) A workman shall be entitled to be represented in any investigation or
enquiry under these regulations.
(b) The CONTRACTOR or his representative shall be entitled to be represented
in any investigation or enquiry under these regulations.
(c) No party shall be entitled to be represented by a legal practitioner in any
investigation or enquiry under these regulations.

22. Inspection of Book & Slips

The CONTRACTOR shall allow inspection of all the prescribed labour records to
any of his workers at a convenient time and place after due notice is received or to
the Labour Officer or any other person, authorised by the Central Government or
his representative.

ANNEXURE- ‘B’
Page 86 of 103
 GCC 2023

RDCE
SAFETY CODE

DIRECTORATE OF CIVIL WORKS AND ESTATES (DCW&E)

2023

Page 87 of 103
 GCC 2023
1. Responsibilities of CONTRACTORS for implementation of safety rules:
1.1. The Safety Rules for Construction & Erection as outlined hereunder, while setting
out a broad parameter of safety norms, are not exhaustive. The CONTRACTOR and his
Agencies are advised to refer to safety rules in the following statutory provisions as
amended from time to time for details and strict compliance therewith.

(a) Building and Other Construction Workers (regulation of employment and

conditions of service) Act, 1996 (briefly referred to as BOCW Act),

(b) Building and other construction workers (regulation of employment and

conditions of service) Central Rules, 1998 (briefly referred to as BOCW Rules) as adopted
by the various State Governments,

(c) Factories Act, 1948, (Applicable to construction work and safety measures at
the site in Lab/Estts register under the factory act as per Contract.

(d) Factories Rules, as adopted by the various State Governments

The CONTRACTOR is also required to ensure compliance with all the relevant Acts/Rules
in addition to above. Reference list of IS Codes is enclosed at APPENDIX ‘A’.

1.2. It shall be incumbent on the CONTRACTOR to ensure that the requirements of

safety, statutory or otherwise specified, are fully met. Thus the onus of implementation of
the norms so prescribed shall rest with the CONTRACTOR concerned or, on his behalf,
his Sub-contractor or any other Agency deployed by him, indemnifying OWNER from all
the liabilities that may arise out of any failure to comply with the above mentioned
Acts/Rules or any contravention thereof by the CONTRACTOR or any other Sub-
contractor on his behalf.

1.3. It shall also be the responsibility of the CONTRACTOR to provide amenities and
safety requirements on each construction job in order to reduce or to eliminate hazards of
construction activities and also to provide necessary first aid facilities as well as Ambulance
van (in case of major project works) for prompt transportation of injured persons to a
physician or hospital.

2. Safety Manual and Safety policy

2.1. The Safety policy of the CONTRACTOR should reflect the commitment towards safety
and health of the workers specified for the particular site.

2.2. The Safety Manual including safety policy and Safety Management Programme duly
signed by the CONTRACTOR or his authorized representative shall be submitted to the
concerned PM/Engineer-in-Charge before start of their project activities at site.

2.3 Each CONTRACTOR shall have facilities for conducting the safety management
programme, commensurate with magnitude of the work under the Contract.

SAFETY MANAGEMENT PROGRAMME

3. Appointment of Safety Officer/Safety Supervisor

3.1. The CONTRACTOR shall provide a sufficient number of qualified, suitable and
experienced persons to manage all safety related matter on Sites. Irrespective of
Page 88 of 103
 GCC 2023
manpower employed by the CONTRACTOR or his Sub-contractor whether temporary,
casual, regular or permanent or on contract, the CONTRACTOR shall deploy/ nominate a
Safety Officer/Executive, responsible for carrying out the safety management programme,
before start of the Work.

3.2. Meeting for safety after award of the Contract

Representatives of CONTRACTOR along with Safety Officer/Executive shall meet
PM/Engineer-in-Charge of the particular activity prior to start of construction activities for
the purpose of discussing safety standards and requirements applicable to the works under
Contract.

3.3. Personal Protective Equipment (PPE)

3.3.1 The CONTRACTOR should ensure sufficient inventory of Personal Protective
Equipment prior to initial mobilization as specified in the Contract. After identifying the need
of the required PPEs for various activities performed at the site, an additional inventory of
approx. 20% of required PPEs should be maintained during the execution of the work. A
PPE plan shall be prepared which gives fair idea regarding issue of PPEs to various
personnel as per the following 'PPE Selection Matrix'.
PPE Selection Matrix (apart from mandatory PPEs, i.e., Safety Helmet & Safety
Shoes)
Activity Type of Protection Remarks,
if any
Hand Eye Ear Body Respirato Others
ry
Gas LG WG - LA *SCBA/O - * for
Welding LBA confined
& space
Cutting
Electric LG HMWS - LA *SCBA/O - * for
Arc LBA confined
Welding space
Rigging CG SG - --
Working - SG - DLFBH - *FAS *for
at Height vertical
columns
Grinding CG FS/SG - LA - - --
&
Chipping
Working - - EP/EM - - - --
in High
Noise
Handling RG SG - - DM -
of cement
concrete
Blasting CG SG EP* - - - *at noise
area
Excavatio CG SG - - DM - *Gum
n boot in
place of
Safety

Page 89 of 103
 GCC 2023
shoe for
foot
Chemical PVCG CSG - PVCA - - *Full
Handling body
rubber
suit with
hood
Electrical ERG* SG - - - - *For high
and C&I voltages
Sand/Sho CG - EP/EM CA SAMH -
t blasting

ABBREVIATIONS: FS: Face Shield, CSG: Chemical splash goggles, HMWS: Helmet
mounted welder's shield, GB: gum boot, DLFBH: Double lanyard full body harness, SG:
Safety goggles, DM: Dust mask, SAMH L Supplied air mask/hood, EP/EM: Ear plug/Ear
Muff, CG: Cotton hand gloves, LG: Leather hand gloves, LA: Leather apron, RG: Rubber
gloves, PVCG: PVC Gloves, PVCA: PVC Apron, SCBA: Self-contained breathing
apparatus, WG: Welding goggles, ERG: Electrical Rubber Gloves. OLBA: Online breathing
apparatus
3.3.2. Mandatory PPEs: Wearing of safety helmet, safety shoes and reflective jacket is
mandatory for all works at site and it should be ensured that all employees and project
visiting personnel shall invariably wear safety helmet, safety shoes & reflective jacket.
3.3.3. The above-mentioned PPEs should be made available with CONTRACTOR at site
and issued to the concerned workers on the day of employment. All PPEs shall comply
with ISI standards with valid test certificates.

3.3.4. At least two breathing apparatus sets (complying requirement as per IS: 10245) shall
be provided at each site where excavation/tunnelling works and Welding/ Cutting
operations in confined areas are being carried out, to rescue the victims under exposure
to harmful gases/vapours, if any.

3.4. Safety Committee

3.4.1. Safety Committee shall be formed within CONTRACTOR’s setup comprising of
worker representatives with equal no. of management representatives as per the
provisions of BOCW Act/rules. This Committee shall meet at least once in every month.
The Safety Officer of the CONTRACTOR shall coordinate these meetings. OWNER’s
nominated Safety Officer shall be special invitee for Safety Committee meetings. The
Safety Committee functioning shall be in line with the provisions of BOCW Act/Rules.

3.4.2. Apart from the above,the CONTRACTOR shall organize safety meetings every day
before start of day’s work to educate & motivate the workers about the necessity of safety.
Case study of accident/ incident can be shared in these meetings.
3.4.3. The CONTRACTOR shall also regularly organize safety meetings for all job
supervisors/foremen with participation of the OWNER’s representative.

3.5. Safety message propagation

3.5.1. CONTRACTOR shall arrange for display of safety hoardings depicting suitable
safety cartoons/messages/ cautionary notices at appropriate places of project site to
remind the workers to perform their duties safely.
3.5.2. Apart from safety hoardings,the CONTRACTOR shall maintain a safety bulletin
board at all their work locations. Such safety bulletin boards should depict the activities
being planned for the day, good practices, permit details etc.
Page 90 of 103
 GCC 2023
3.5.3. Safety suggestion boxes shall be kept at each CONTRACTOR’s office at site for
obtaining safety suggestions from the workers. Best suggestions should be implemented
and may be rewarded suitably to encourage the workers for safety.

3.6. Competency of employees/workers

3.6.1. Throughout the course of the Contract, persons employed by the CONTRACTOR
shall be physically fit, qualified/experienced to perform their assigned duties/ jobs.

3.6.2. Employees shall not, knowingly be permitted to work in a manner that their ability or
alertness is so impaired because of fatigue, illness or any other reason, that it may expose
them and or others to injury.

3.6.3. The vehicle operator shall have a valid license as per requirements of Motor Vehicle
Act.

3.6.4.The CONTRACTOR shall comply with all applicable state/central laws and codes
related to employment of operators for hoist,shovel,crane,tractor,bull-dozer, any other
howling heavy equipment/vehicle.

3.7. Safety induction and training

3.7.1The CONTRACTOR shall adhere to the requirements of imparting Safety training as
per BOCW Act/Rules.

3.7.2The CONTRACTOR shall maintain written record of Safety trainings imparted to its
employees/ workmen. These records shall be available for review of PM/Engineer-in-
charge.

3.8 Drinking of alcoholic beverages is strictly prohibited. Employees/Workman under the

influence of any intoxicants, even to the slightest degree, shall not be permitted to remain
at work. Each CONTRACTOR should maintain ‘breath analyser’ to determine the
intoxicated workers at site.

3.9. Safety audit

3.9.1. Internal Safety Audit once in every six months, or as decided by the PM/Engineer-
in-Charge, shall be conducted by the CONTRACTOR, with prior intimation to
PM/Engineer-in-Charge. The audit report along with time bound action plan shall be
submitted to the PM/Engineer-in-Charge.

3.9.2. Apart from above, Electrical Safety Audit shall be conducted quarterly by a team
comprising of Electrical engineer and Safety representative of the CONTRACTOR and
OWNER’s Electrical representative covering the following: -
(a) Electrical incidents, investigation findings and remedial measures
implemented.
(b) Adequacy of power supply requirements
(c) Power distribution system in place
(d) Updated electrical single line diagram including the IP44 DBs arrangement.
(e) Electrical protection devices – ELCBs, Overhead Line (O/L) protections etc.
(f) Earth or ground connection and earth pit maintenance details
(g) Education and training of electrical personnel undertaken
(h) Any other point appropriate to the work and site conditions.
The Electrical safety audit report shall be submitted by the CONTRACTOR to the
PM/Engineer-in-Charge.

3.10. Reporting and investigation of accidents and dangerous occurrences

Page 91 of 103
 GCC 2023
3.10.1. Reporting of accidents: Notice of any accident to a worker at the building or
construction site that
(a) Causes loss of life; or
(b) Disables a worker from working for a period of 48 hours or more immediately following
the accident;

shall forthwith be sent by Telephone, Fax, Email or similar other means including special
Messenger within four hours in case of fatal accidents and 72 hours in case of other
accidents, besides the PM/Engineer-in-Charge, to the OWNER.

3.10.2. Where any accident causing disablement that subsequently results in death, notice
thereof in writing of such death, shall be sent to the OWNER and all concerned authorities
within 72 hours of such death.

3.10.3. In case of an accident causing minor injury, first-aid shall be administered and that
resulting in disability of 48 hours or more, the injured worker shall be given first-aid and
immediately transferred to a Hospital or other place for medical treatment.

3.10.4. All near-miss accidents shall be reported to the PM/Engineer-in-Charge, giving

brief of accident.

3.10.5. Reporting of dangerous occurrences

The following classes of dangerous occurrences shall be reported to the PM/Engineer-in-
Charge whether or not any disablement or death caused to the worker, namely:
(a) Collapse or failure of lifting appliances, or hoist, or conveyors, or similar
equipment for handling of building or construction material or breakage or failure of
rope, chain or loose gears; or overturning of cranes used in construction work;
(b) Falling of objects from height;
(c) Collapse or subsidence of soil, any wall, floor, gallery, roof or any other part of
any structure, platform, staging, scaffolding or means of access including formwork;
(d) Collapse due to excavation, collapse of transmission;
(e) Explosion of receiver or vessel used for storage of any gases or any liquid or
solid used as building material;
(f) Fire and explosion causing damage to any place on construction site where
building workers are employed;
(g) Spillage or leakage of any hazardous substance and damage to their
container;
(h) Collapse, capsizing, toppling or collision of transport equipment;
(i) Leakage or release of harmful toxic gases at the construction site;
(j) In case of failure of a lifting appliance, loose gear, hoist or building and other
construction work, machinery and transport equipment at a construction site, such
appliances, gear, hoist, machinery or equipment and the site of such occurrence shall, as
far as practicable, be kept undisturbed until inspected by the OWNER & Authorities;

3.10.6. Every notice given for fatal accidents shall be followed by a written report to the
concerned Statutory Authorities and the PM/Engineer-in-Charge.

3.10.7. Incident / injury statistics shall be maintained by the CONTRACTOR cause wise.

3.10.8. Investigation of accidents and dangerous occurrences: Besides reporting, it

shall be the responsibility of the CONTRACTOR to constitute a team (members as per the
gravity of the incident) of responsible person to thoroughly investigate
all incidents involving near-miss accidents, lost-time and reportable accidents and
dangerous occurrences with a view to find out the causative factor, taking remedial
Page 92 of 103
 GCC 2023
measures and fixing responsibility, and make a copy of the investigation report along with
action-plan, specifying a definite time-frame for implementation of the findings, available to
the PM/Engineer-in-Charge forthwith.

3.11. MEDICAL AND FIRST AID AMENITIES:

3.11.1 It is the responsibility of CONTRACTOR to ensure the availability of following
suitable arrangements at their Work site for rendering prompt and efficient First Aid to
injured persons: -
(a) Arrange one trained and certified first aid medical professional in each shift.
(b) Ambulance with proper equipment for prompt transportation of the injured
persons to a physician or a hospital shall be provided before start of the Work in
cases where 500 or more than 500 workers are employed. For smaller
Contracts, where less than 500 workers are employed, the CONTRACTOR shall
have a tie-up with suitable Agency for providing Ambulance with proper equipment
for prompt transportation of the injured persons to a physician or a hospital in case
of an Accident / Emergency. Further, the CONTRACTOR shall submit a proof of
the same to the PM/Engineer-in-Charge.
(c) Deploy one full time construction Medical Officer (qualification as per
Schedule XI of BOCW Central Rules -1998) for cases where 500 or more workers
are employed (up to one thousand workers) and one additional construction Medical
Officer for additional one thousand workers or part thereof. For smaller contracts,
where less than 500 workers are employed, the CONTRACTOR shall have a tie-up
with suitable Hospital / Nursing home in the vicinity of the Project/Site where Work
is being executed, for providing adequate medical treatment by qualified Medical
Officers and nursing staff, as and when required. Further, the CONTRACTOR shall
submit a proof of the same to PM/Engineer-in-Charge. Notwithstanding anything
stated above,the CONTRACTOR shall strictly comply with the requirements of
relevant BOCW Act/ BOCW Rules/ Factory Act/Factory Rules/ any other
statutory Act/Rules/Law with regards to providing suitable medical facilities to
the workers.
In case, the CONTRACTOR fails to employ the required construction Medical
Officer along with additional staff, the same shall be treated as one of the
condition of breach of Contract.
(d) The Telephone nos. of Medical Officer, Hospital(s) or Ambulance shall also
be conspicuously displayed at each work site.

(e) First-aid kits as approved by Medical Officer shall be provided at

accessible points in the ratio of at least one kit for every 50 employees/ workmen.

3.11.2. Health Management

The Site Representative of the CONTRACTOR shall implement health examinations for
employees/ workmen periodically.

3.12. Testing & examination of lifting, tools, tackles, pressure vessels and other
equipment
3.12.1 All the lifting equipment, tools, tackles, pressure vessels etc. shall be tested &
examined as per BOCW or Factories Act and rules made there under.
3.12.2 The records & certificates of such testing & examination shall be maintained and
readily available for reference to Statutory Authorities/PM/Engineer-in-Charge.
3.12.3 Proper colour coding system should be maintained and marking should be done
accordingly on all lifting tackles.
3.12.4 Regular testing of ELCBs and RCCBs by competent Electrician must be ensured
by Contractors and record should be maintained.

Page 93 of 103
 GCC 2023
3.13. Emergency Management Plan
3.13.1 The CONTRACTOR shall ensure that an Emergency Management Plan is prepared
to deal with emergencies arising out of:
a. Fire and explosion;
b. Collapse of lifting appliances and transport equipment;
c. Collapse of building, sheds or structure, tunnels during excavation,
chimney formation/ sky lighting or otherwise etc.;
d. Gas leakage or spillage of dangerous goods or chemicals;
e. Drowning of workers, sinking vessels, and
f. Landslides getting workers buried; floods, storms and other natural
calamities.

3.13.2. While arrangements shall be made for emergency medical treatment and
evacuation of the victims in the event of an accident or dangerous incident occurring, the
chain of command and the responsible persons of the CONTRACTOR with their telephone
numbers and addresses for quick communication shall be adequately publicized and
conspicuously displayed in the workplace at all times.

3.13.3 It is also required that there is a tie-up with the Hospitals and Fire Stations located
in the neighbourhood for attending to the casualties promptly and emergency vehicle kept
on standby duty during the working hours for the purpose.

3.13.4. It shall be the responsibility of the CONTRACTOR to keep the Local Law & Order
Authorities informed through the OWNER and seek urgent help, as the case may be, so
as to mitigate the consequences of an emergency. Prompt communication to the OWNER,
telephonically initially and followed by a written report, shall be made by the
CONTRACTOR.

3.14. Access to and from the workplace

3.14.1. Safe, clean, well lit, unencumbered access and egress to and from work areas shall
be maintained at all times in normal operating conditions.
3.14.2. The number and location of accesses and egresses from and to the workplace
shall be adapted to the number of people likely to be present at any time, and therefore to
evacuate from the workplace in case of emergency.
3.14.3. If access and egress to work areas are restricted due to operational conditions,
alternative access and egress ways must be implemented, so far as is reasonably
practicable. If this is not reasonably practicable, all concerned organizations and persons
must be informed of the access restrictions, and work scheduling must be adapted in
consequence.
3.14.4. Temporary access to height or into ground openings shall be of purpose made
material such as scaffolds, stair cases/towers and ramps, which incorporate guardrails.

3.15. Housekeeping
(a) The CONTRACTOR shall ensure that their work area is kept clean, tidy
and free from debris generated by their activities. All debris/scrap should be
stored in separate bins. The work areas must be cleaned on a daily basis and a full
cleaning session of each area shall be conducted on a weekly basis. All equipment,
materials and vehicles shall be stored in an orderly manner. Access to emergency
equipment, exits, telephones, safety showers, eye wash stations, fire extinguishers,
pull boxes, fire hoses, etc. shall not be blocked or otherwise disturbed, restricted or
delayed.

Page 94 of 103
 GCC 2023
(b) The CONTRACTOR shall be primarily responsible for maintaining good
housekeeping and safety standards in the workplace; Loose materials that are not
required for use shall not be placed or left behind so dangerously as to obstruct
workplaces or passageways; All projecting nails shall be removed or bent to prevent
injury; Equipment, tools and small objects shall not be left lying unattended or
unsecured from where they could fall or cause a person to trip; Scrap, waste or
rubbish shall not be allowed to accumulate in the site as the combustibles can
create serious fire hazards and affect safe working. Workplaces and passageways
that become slippery owing to spillage of oil or other causes shall be cleaned up
or strewn with sand, ash or the like; Portable equipment shall be returned after
use to their designated storage place.

3.16. Stacking and storage practice

3.16.1. CONTRACTOR shall ensure stacked material is bonded on a stable and level
footing capable of carrying the mass of the stack. Adequate clearances shall be provided
between the sides of the stack and top to facilitate unimpeded access to service equipment
like overhead wiring, cranes, forklifts and fire-fighting equipment, and hoses. Circular items
shall be sufficiently choked with wedges not with odd bits of materials. Free-standing
stacks of gunny bags and sacks such as Cement bags shall be stacked to prescribe safe
stacking heights with layers formed for stable bonding, preventing slippage causing
accidents. Stacking against walls shall not be permissible.

3.16.2.The CONTRACTOR shall maintain the premises and surrounding areas in clean
and clear manner with safe access and egress. There shall be sufficient and adequate
storage racks, shelving, bins and pallets and material handling equipment to stack his
construction materials such as pipes, structural and his construction enabling materials.
Unwanted materials shall be promptly moved away for efficient material movement.

3.16.3. Any temporary store shed will be built in conformity with structural safety and fire
safety requirements. The stores must be provided with adequate lighting arrangement
(Flame proof / intrinsically safe depending upon the Zone category) and must be equipped
with sufficient fire extinguishing arrangement. “No Smoking” and other relevant signage
must be displayed conspicuously at strategic locations and safety precautions must be
strictly enforced.

3.16.4. All material should be kept at least 150mm above the ground by providing wooden
packing below. Maximum height of material stacking should not be greater than 3 meter.
All loose material must be kept in wooden box or in sharp edge protected drum and material
identification details to be displayed. Materials inside store room should be kept on scaffold
rack.

3.16.5. Gas cylinder storage area must be at a safe distance away from the hot work zone
and separate storage facility must be available for empty and full cylinder with proper shed.
Storage area must be designed in a way that 6-meter distance between LPG/DA and
oxygen maintained.

3.17 Confined Spaces

The CONTRACTOR shall clearly identify all confined space at site and same shall be got
approved by the PM/Engineer-in-Charge.

The following requirements in Confined Space shall be met at any time:

(a) Only competent and trained workers can participate to work in
confined spaces (as a minimum as per local Law). A Confined Space Entry

Page 95 of 103
 GCC 2023
Log (or equivalent) must be used to identify the person inside the Confined Space
at any time;

(b) Air Analysis tests must be carried out to determine if the Confined Space is
oxygen deficient and/or contains flammable substances, toxic agents, carbon monoxide
and/or harmful physical agents. The air shall be analysed before starting work, during work
and after work. Adequate ventilation must be provided;

(c) Working in the Confined Space without a watcher is strictly forbidden. An

adequate means of communication is required and shall enable easy and clear
communication:
(i) Between those inside the space,
(ii) Between those inside the space and those outside,
(iii) To summon help in case of emergency;
(d) Adequate emergency provisions must be in place. In particular,
necessary rescue equipment must be ready, pre inspected and available. The
arrangements need to be suitable and sufficient for the rescue of persons in the event of
an emergency.

3.18. Fire protection and prevention

3.18.1. Routine/ non-routine fire hazard works shall be described in the CONTRACTOR’s
Risk Control Plan of Safety Manual mentioned at Sl.No.2
3.18.2. Full and unrestricted access to emergency exits, fire-fighting equipment, fire control
and emergency vehicles shall be maintained at all times.
3.18.3. Fire extinguishers shall be inspected and certified at least annually by a certified
person and visually inspected monthly and documented by the CONTRACTOR.

3.19. Electrical safety

3.19.1. Without CONTRACTOR’s authorization validated by PM/Engineer-in-Charge, no
CONTRACTOR’s employee shall undertake electrical works.
3.19.2. No live work on high voltage or medium voltage is allowed. All high voltage and
medium voltage electrical works must be performed on isolated equipment and only after
verification of absence of voltage with suitable equipment.
3.19.3. Low voltage and very low voltage live work is only allowed for measurement tests
and checks of equipment.
3.19.4 Work practices must protect against direct or indirect body contact by means of
tools or materials and be suitable for safe work conditions and the exposed voltage level.
3.19.5. Energized panels will remain locked with a specific key or tool whenever they are
unattended and tagged with the signs and warnings indicating the presence of danger. If
not reasonably practicable,a restricted area delimited with physical barriers and supported
by warning signs must be implemented around the opened equipment.
3.19.6. Only CONTRACTOR’s qualified Electrical personnel may enter substations and/or
transformer vaults and only after being specifically authorized by PM/Engineer-in-Charge.
3.19.7. All joints (Both terminal and intermediate) in cable should be made using lugs and
joint area should be crimped using crimping tools.
3.19.8. All temporary connection should be provided through 30mA ELCB/RCCB using 3
core double insulated cable and only 3 pin industrial plug top will be used for connection.
3.19.9. Zero energy verification needs to be ensured before any electrical operation using
only VAV before working on a live circuit which has been isolated.
3.19.10. Only industrial type DB to be used for connection and weather protection shed
needs to be provided for every DB and shed height should not be less than man height.
3.19.11. Double earthing protection must be provided for every electrical equipment and
earthing value should be as per standard safety norms.

Page 96 of 103
 GCC 2023
3.19.12. Deployment of trained, experienced & licensed Electrician as well as licensed
Electrical supervisor must be ensured at site as per Rule-45 of the Indian Electricity Rules,
1956;
3.19.13. PM/Engineer-in-Charge may perform screening/ competency test for all
CONTRACTOR’s electrical professions i.e. Electrical engineers, supervisors and helpers.
Selection/ rejection of the personnel who appear for the screening is sole discretion of
PM/Engineer-in-Charge.
3.19.14. Electrical helper who will be engaged in helping the Electrician/Engineer must
have minimum ITI certificate to be eligible for working with him.
3.19.15. All PPEs used while being involved in electrical work must be as per IS Standards
available for electrical work.

3.20. Compressed Gas Cylinders

Gas cylinders shall be securely stored and transported, and identified and used in line with
the safety Requirements as per Gas Cylinder safety codes and rules.

3.21. Lifting operations

3.21.1. The CONTRACTOR shall prepare a lifting plan as per site condition, check and
submit for authorization by CONTRACTOR’s competent authorized persons prior to any
lifting operation and formally communicated to all persons undertaking the work.

3.21.2. The CONTRACTOR must ensure that their nominated Lifting Leader has
appropriate qualifications.

3.21.3. CONTRACTOR’s lifting plans include:

(a) The lifting methodology, step by step
(b) The risk analysis of the operation including consideration for weather
conditions and work environments (e.g.: proximity of hazards and obstructions to
the load, consideration for overturning, load integrity)where appropriate and consideration
for simultaneous operations and the measures taken to avoid conflicting tasks in the lifting
area.
(c) The identification of the designated lifting area, the fall zone and the control
measures to prevent access such as barriers, signs, etc.
(d) The description of the type, weight, size, shape and centre of gravity of the
load and the method used for slinging, attaching and detaching the load with the
availability of approved lifting points on load when necessary
(e) The list of the certified and inspected equipment and lifting accessories to be
used.
(f) The composition of the team required to perform the task (crane driver, rigger,
etc.) with the needed qualifications and description of their roles and responsibilities
including the intended communication method.

3.21.4. Any Heavy equipment (crane, winch machine, etc.) shall only be allowed to be used
at the project Site after Pre-Safety Inspection of the equipment before mobilizing the
equipment at Site.

3.21.5. The CONTRACTOR must ensure that a competent operational leader is formally
appointed to supervise each lifting operation. Clear communication channels must be
formally established and maintained between everyone involved in a lift with only
authorized person giving instruction to the operator.

3.21.6. Special permission needs to be taken from PM/Engineer-in-Charge for tandem

lifting and for any non-routine lifting operations must strictly adhere to the guidelines
described in corresponding Standard /Procedures / Directive.
Page 97 of 103
 GCC 2023
3.21.7. No Employee/Workman of the CONTRACTOR shall be positioned under a
suspended load or between a suspended load and fixed objects.

3.21.8. All lifting equipment and accessories must have valid manufacturers certificates or
thorough examination records and be uniquely identified, marked with the safe working
load, listed in a register and subject to formal regular inspection as per requirements and
shall have valid certificates from a competent authority. Inspection before use by the
operator is mandatory. All lifting hooks must have latch. All cranes shall be fitted with
Automatic Safe Load Indicator (ASLI) and Anemo Meter.

3.21.9. The CONTRACTOR shall operate and maintain cranes and hoisting equipment in
accordance with manufacturers' specifications and limitations and the Safety
requirements. All defective, non-inspected or unidentified (safe working load / identification
number) lifting equipment or accessories must be either removed from site or physically
prevented from use.

3.22. Once an item of electrical equipment has been energized, an item of mechanical
plant and/or system has been erected and released for Commissioning, no work will be
allowed on such item of equipment or system unless a valid Permit to Work (PTW) has
been obtained from the relevant authority.

3.23. Safety in storage, handling and use of explosive

3.23.1. All measure and precaution that are required to be observed for use, handling,
stacking, storing or transportation of explosive under the rules framed under the Explosive
Act, 1884 and DRDO rules and regulations shall be observed.

3.23.2. All the relevant statutory, local laws and rules and regulation regarding explosive
shall be complied with.

3.24. Monthly safety report

The CONTRACTOR has to submit the monthly safety activity report in the form of Lead-
Lag indicator to PM/Engineer-in-Charge.

4. Enforcement of RDCE safety code, rules & regulations

4.1. The PM/Engineer-in-Charge shall ensure that the CONTRACTOR is exercising at all
times, reasonable and proper precautions for the safety of people at works and complying
with the provisions of current safety rules and laws according to RDCE Safety Code and
relevant statutes of State/Central Governments. In case of negligence or default, the
agency shall be fined/ penalized by the OWNER, including breach of Contract in case of
repeated failure in compliance of RDCE Safety Code.

Page 98 of 103
 GCC 2023
APPENDIX- ‘A’

LIST OF INDIAN STANDARDS CODE TO CONSTRUCTION SAFETY:

Apart from Provision in RDCE Safety code 2023 Applicable Rules/Guideline of following
IS Codes shall also be complied with by the contractor :-
SI.NO CODE NO REAFFIRMED DESCRIPTION
1 IS 302 Part - 2000 General and safety requirements for
1 households and similar electric appliances
1979
2 IS 816 1969 Code of practice for safety and health
1998 requirement in electric and gas building
and cutting operation.
Code of Practice for Safety and Health
3 IS 818 1968 2002 Requirements in Electric and Gas Welding
and Cutting Operations. (First Revision).
4 IS 875 1987 2003 Structural safety of building: loading
standards
5 IS 1179 1967 2002 Equipment for eye and face protection
during welding (first revision)
6 IS 1415 1966 2001 Electric hand Lamps(revised)
7 IS 1991 Part 1 1997 Safety Requirement for the use, care &
- 1987 protection of abrasive grinding wheels Part
1 : Definitions (2nd Revision)
8 IS 2148 1981 1998 Flame Proof enclosures for electrical
apparatus (Second Revision)
9 IS 2171 1999 Specification for Portable Fire extinguisher
2009 dry powder (Cartridge Type), Fourth
Revision
10 IS 2190 1992 1997 Selection, installation and maintenance of
first-aid fire extinguishers, code of practice
11 IS 2206 1989 2005 Flam proof electrical fittings
12 IS 2750 1967 2001 Specification for steel scaffoldings
(Part-
II)
13 IS 2878 1986 2000 Specification for Fire Extinguishers, Carbon
dioxide type (Portable and trolley mounted),
Second Revision.
14 IS 2925 1984 2000 Specification of industrial safety helmets
(second revision)
15 IS 3016 1982 2000 Code of practice for fire precautions in
welding and cutting operations
16 IS 3034 1993 Fire Safety of Industrial buildings: Electrical
2002 Generating and Distributing Stations - Code
of practice
17 IS 3043 1987 2001 Code of practice for earthing
18 IS 3646 Artificial lighting
(Part-II) 2003
19 IS 3696 Part - 2002 Safety code for scaffolds and ladders Part 1

Page 99 of 103
 GCC 2023
1 – Scaffolds
1987
20 IS 3696 Part - 2002 Safety code for scaffolds and ladders Part 2
2 – Ladders
1987
21 IS 3764 1992 2002 Code of practice for excavation work (1st
Revision)
22 IS 4014 Part 2 2000 Code of practice for steel tubular scaffolding
- 1967 Part 2 safety regulation for scaffolding
23 IS 4081 1986 2000 Safety Code for Blasting and Related
Drilling Operations. (First Revision).
24 IS 4082 1996 2001 Recommendation on stacking and storage
of construction materials and components at
site
25 IS 4130 1991 2002 Safety code for demolition of buildings (2nd
Revision)
26 IS 4138 1977 2002 Safety Code for Working in Compressed Air.
(First Revision).
27 IS 4262 2002 Sulphuric Acid - Code of safety
28 IS 4263 1967 2002 Code of Safety for chlorine
29 IS 4544 2000 - Ammonia - Code of safety (First Revision)
30 IS 4560 1968 2002 Code of safety for Nitric acid
31 IS 4756 1978 2002 Safety Code for Tunnelling Work.
32 IS 4770 1991 2001 Rubber Gloves - Electrical Purposes –
Specification
33 IS 4912 1978 2002 Safety requirements for floor and wall
openings, railings and toe boards (1st
Revision)
34 IS 5121 1969 2000 Safety code for piling and other deep
foundation
35 IS 5216 Part 1 2000 Recommendation on safety procedure and
- 1982 practices in electrical work Part 1 - General
(1st Revision)
36 IS 5216 Part 2 2000 Recommendation on safety procedure and
- 1982 practices in electrical work Part 2 - Life
Saving techniques (1st Revision)
37 IS 5571 2009 - Guide for selection of equipment for
hazardous areas (second revision)
Classification of hazardous areas (other
than mines) having flammable gases &
38 IS 5572 1994 1999
vapours for electrical installations (second
revision)
39 IS 5780 1980 2001 Rubber Hand gloves - Electrical Purposes
- Specification (First Revision)
40 IS 5896 Code of practice for selection, operation and
(Part I) 1970 2000 Maintenance of Fire Fighting appliances
41 IS 5903 1970 2000 Recommendation for safety devices for gas

Page 100 of 103

 GCC 2023
cylinders
42 IS 5916 1970 2000 Safety code for construction involving use of
hot bituminous materials
43 IS 5983 1980 2002 Eye Protectors (First Revision)
Method for measurement of real ear
44 IS 6229 1980 2001 protection of hearing protectors and physical
attenuation of ear muff (First Revision)
45 IS 6305 Part1 2001 Safety code for powered industrial trucks
1980 - Part 1: Application, operation and
maintenance (First revision) (Superseding Is
3040)
46 IS 6409 1971 1998 Code of practice for oxy acetylene flame
cleaning.
47 IS 6430 1985 2001 Mobile Air Compressor for Construction
Purposes (First Revision)
48 IS 6519 1971 1997 Code of practice for selection, care and
repair of safety footwear
49 IS 6685 1972 1999 Specification for life jackets
50 IS 6922 1973 1998 Criteria for safety and design of structure
subject to underground blasts
51 IS 7194 1994 2000 Assessment of noise exposure during work
for hearing conservation purpose (First
Revision)
52 IS 7205 1974 2001 Safety code for erection of structural
steelwork
53 IS 7293 1974 2002 Safety code for working with construction
machinery
54 IS 7738 1975 1997 Safety Fuse for commercial use
55 IS 7969 1975 2002 Safety code for handling and storage of
building materials
56 IS 8095 1976 2002 Specification for Accident Prevention Tags
57 IS 8096 1992 1997 Specification for Fire Beaters
58 IS 8433 1984 2001 Code of practice for visual inspection of
dissolved acetylene gas cylinders. (First
Revision)
59 IS 8437 Part1 1999 Guide on effects of currents passing through
1993 human body: Part 1 General aspects (First
revision)
60 IS 8519 1977 2002 Guide for selection of industrial safety
equipment for body protection
61 IS 8520 1977 2002 Guide for selection of industrial safety
equipment for eye, face and ear protection
Recommendations for fire precautionary
62 IS 8758 1993 1998 measures in the construction of temporary
structures and pandals. (First Revision)
63 IS 8807 1978 2002 Guide for selection of industrial safety
equipment for protection of arms and hands.

Page 101 of 103

 GCC 2023
64 IS 8940 1978 2002 Code of practice for maintenance and care
of industrial safety equipment for eyes and
face protection
65 IS 8964 1999 2010 Safety conditions for woodworking
machines – recommendation
66 IS 8989 1978 2000 Safety code for erection of concrete framed
structure
67 IS 8990 1978 2002 Code of practice for maintenance and care
of industrial safety clothing
68 IS 9457 1980 1997/2005 Safety colours and safety signs
69 IS 9474 1980 2001 Specification for principles of mechanical
guarding of machinery
70 IS 9944 1992 1998 Natural and manmade fibre rope slings.
Recommendation on safe working loads
(First revision)
71 IS 10386 Part 4 1997 Safety Code for construction, operation and
1992 maintenance of river valley projects - Part 4
- Handling, storage and transportation of
explosives
72 IS 10667 1983 2002 Guide for selection for industrial safety
equipment for protection of foot and leg
73 IS 11016 1984 2000 General safety requirement for machine
tools and their operation
74 IS 11461 1985 2001 Code of practice for compressor safety
75 IS 12735 1994 1999 Wire rope slings - Safety criteria and
inspection procedure for use
76 IS 13367 Part 1 1998 Safe use of crane - code of practice - Part 1
- 1992 – General
77 IS 13415 1992 2002 Protective barriers in and around buildings-
Code of Safety
Recommendation for preventive measures
Part 1
78 IS 13416 2002 against hazards at workplaces
- 1992
- Part 1 - Falling material hazard prevention
79 IS 13416 Part 2 2002 Recommendation for preventive measures
- 1992 against hazards at workplaces
- Part 2 - fall prevention
80 IS 13416 Part 3 1999 Recommendation for preventive measures
- 1992 against hazards at workplaces
- Part 3 - Disposal of debris
81 IS 13416 Part 4 1999 Recommendation for preventive measures
- 1992 against hazards at workplaces
- Part 4 - Timber structure
82 IS 13416 Part 5 2002 Recommendation for preventive measures
- 1992 against hazards at workplaces
- Part 5 - Fire Protection
83 IS 13430 1992 2002 Code of practice for safety during additional
construction and alteration to existing
buildings
Page 102 of 103
 GCC 2023
84 SP 70 2001 Hand book on construction safety practices
85 IS 14489 1998 2002 Code of Practice on Occupational Safety
and Health Audit.
86 IS 15001 2000 - Occupational health and safety
management systems - specifications with
guidance to use
1983 National building code of India (Group 3) for
Group construction engineers. Part VII -
87 SP: 7 -
3 Part Construction Practices and safety
VII
88 SP: 31 1986 Treatment for electrical shock
89 IS15652 2006 - Insulating mats for electrical purposes.

Page 103 of 103