Indian Railway General Condition July 2013

Hkkjr ljdkj Government Of India jsy ea=ky; Ministry Of Railways jsyos cksMZ (Railway Board)
Indian Railways
Standard General Conditions Of Contract
July 2013
New
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Engineering Department
Indian Railways Standard General Conditions Of Contract July 2013
Indian Railways
STANDARD GENERAL CONDITIONS OF CONTRACT

July 2013
INDEX
PART - I REGULATIONS FOR TENDERS AND CONTRACTS
Para I#$e% 1! &ea#'#" O( Ter)* 1!1 1!2 1!3 2! 3! *! +! "! %! %A! )! /! Inter#retation $efinition Sin ular And Plural Subje ! Pa"e 1 " " " % % % ) ) ) / / / / 10 10 10 11 'ender &or( 4 &irst Sheet Second Sheet 'hird Sheet Anne2ure3II Anne2ure3III Anne2ure3I7 Anne2ure37 Anne2ure37I A ree(ent &or 5one Contract 0or1 Order 6nder 5one Contract &or( &or Contract A ree(ent Of 0or1s 0or1 Order &or 0or1s Contractor8s A ree(ent 0or1 Order &or 0or1s Schedule 11 11 12 1+ 1" 1% 1/ 20 22 Continued 99!
Cre$e#!'al* O( C+#!ra !+r* A##lication &or Re istration 'ender &or(s O(ission And $iscre#ancies ,arnest -oney Care In Su.(ission Of 'enders C+#*'$era!'+# O( Te#$er* Ri ht Of Railway 'o $eal 0ith 'enders 'wo Pac1ets Syste( of 'enderin C+#!ra ! D+ u)e#!* ,2ecution Of Contract $ocu(ents &or( Of Contract $ocu(ents A##e%ure* , Anne2ure3I
As On 30th June 2013
Pa e 1
PART - II STANDARD GENERAL CONDITIONS OF CONTRACT

Para 1! Subje ! De('#'!'+#* A#$ I#!er-re!a!'+# :1; $efinitions :2; Sin ular And Plural :3; <eadin s And -ar inal <eadin s Ge#eral Obl'"a!'+#* ,2ecution= Co3Relation And Intent Of General $ocu(ents :1; >aw Go?ernin 'he Contract :2; Co(#liance 'o Re ulations And @ye3>aws Co((unication 'o @e In 0ritin Ser?ice Of Aotices On Contractors Occu#ation And 6se Of >and Assi n(ent Or Su.3>ettin Of Contract Assistance @y 'he Railway &or 'he Stores 'o @e O.tained @y 'he Contractor Railway Passes Carria e Of -aterials 6se Of @allast 'rain Re#resentation On 0or1s Relics And 'reasures ,2ca?ated -aterial Inde(nity @y Contractors :1; Security $e#osit :2; reco?ery Of Security $e#osit :3; Interest On A(ount :*; Perfor(ance Guarantee &orce -aBeure Clause 'i(e 'o @e ,ssence C ,2tension Of 'i(e :i; ,2tension $ue 'o -odification :ii; ,2tension &or $elay Aot $ue 'o RailwayDContractor :iii; ,2tension Of 'i(e &or $elay $ue 'o Railway ,2tension Of 'i(e &or $elay $ue 'o Contractor :1; C :2; Ille al Gratification E%e u!'+# O( .+r/* :1; ContractorEs 6nderstandin :2; Co((ence(ent Of 0or1s :3; Acce#ted Pro ra((e Of 0or1s :*; Settin Out Of 0or1s :1; Co(#liance 'o ,n ineerEs Instructions :2; Alterations 'o @e Authorised :3; ,2tra 0or1s :*; Se#arate Contracts In Connection 0ith 0or1s Instructions Of ,n ineerEs Re#resentati?e Pa"e 23 23 2* 2* 2* 2* 2+ 2+ 2+ 2+ 2+ 2+ 2+ 2" 2" 2" 2" 2" 2" 2" 2" 2% 2% 2% 2/ 2/ 2/ 2/ 2/ 30 30 30 30 31 31 31 31 31 31 31 32
2! 3! *! +! "! %! )! /! 10! 11! 12! 13 1*! 1+! 1"!
1%! 1%3A!
1%3@! 1)! 1/!
20!
21!
Pa e 2
Para 22!
Subje ! :1; Adherence 'o S#ecification And $rawin s :2; $rawin s And S#ecifications On 'he 0or1s :3; Ownershi# If $rawin s And S#ecifications :*; Co(#liance 0ith ContractorEs ReFuest &or $etails :+; -eanin And Intent Of S#ecifications And $rawin s 0or1in $urin Ai ht $a(a e 'o Railway Pro#erty Or Pri?ate >ife And Pro#erty Sheds= Stores3<ouses And Gards Pro?ision Of ,fficient And Co(#etent Staff At 0or1 Sites @y Contractor $e#loy(ent Of Hualified ,n ineers At 0or1 Sites @y Contractor :1; 0or1(anshi# And 'estin :2; Re(o?al Of I(#ro#er 0or1 And -aterials &acilities &or Ins#ection ,2a(ination Of 0or1s @efore Co?erin 6# 'e(#orary 0or1s :1; Contractor 'o Su##ly 0ater &or 0or1s :2; 0ater Su##ly &ro( Railway Syste( :3; 0ater Su##ly @y Railway 'rans#ort :*; :A; Contractor 'o Arran e Su##ly Of ,lectric Power &or 0or1s :@; ,lectric Su##ly &ro( 'he Railway Syste( Pro#erty In -aterials And Plants :1; 'ools= Plant And -aterials Su##lied @y Railway :2; <ire Of Railway Plant :1; Precautions $urin Pro ress Of 0or1s :2; Roads And 0ater Courses :3; Pro?ision Of Access 'o Pre(ises :*; Safety Of Pu.lic 6se Of ,2#losi?es :1; C :2; Sus#ension Of 0or1 :3; Sus#ension >astin -ore 'han 'hree -onths Rates &or Ite(s Of 0or1s $e(urra e And 0harfa e $ues Rates &or ,2tra Ite(s Of 0or1s :1; <andin O?er Of 0or1s :2; Clearance Of Site On Co(#letion 0ar'a!'+#* I# E%!e#! O( C+#!ra ! -odification 'o Contract 'o @e In 0ritin :1; C :2; Power Of -odifications 'o Contract :3; 7aluation Of 7ariations :*; 7ariations In Huantities $urin ,2ecution Of 0or1s Contracts Clai(s :1; -onthly State(ent Of Clai(s :2; Si nin Of 8Ao Clai( Certificate8 &ea*ure)e#!1 Cer!'(' a!e* A#$ Pay)e#!* Huantities In Schedule Anne2ed 'o Contract -easure(ents Of 0or1s
Pa"e 32 32 32 32 32 32 32 33 33 33 3* 3* 3* 3* 3* 3* 3* 3+ 3+ 3+ 3+ 3+ 3+ 3+ 3" 3" 3" 3" 3" 3" 3% 3% 3% 3) 3) 3) 3) 3) 3) 3/ *0 *0 *0 *0 *0 *0 Pa e 3
23! 2*! 2+! 2"! 2"A! 2%! 2)! 2/! 30! 31!
32! 33! 3*!
3+! 3"! 3%! 3)! 3/! *0!
*1! *2!
*3!
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Para *"!
Subje ! :1; IOn AccountJ Pay(ents :2; Roundin Off A(ounts :3; IOn Account Pay(ents Aot PreBudicial 'o &inal Settle(ent :*; -anner Of Pay(ent Pr' e 0ar'a!'+# Clau*e 2P0C3 1! 3 A##lica.ility 2! 3 @ase -onth 3! 3 7alidity *! to "! 3 Co(#onents C Percenta es %! 3 &or(ulae etc! )! 3 Price 7ariation $urin ,2tended Period Of Contract /! 3 Price 7ariation $urin ,2tended Period Of Contract 10! 3 Price 7ariation $urin ,2tended Period Of Contract -aintenance Of 0or1s :1; Certificate Of Co(#letion Of 0or1s :2; Contractor Aot A.sol?ed @y Co(#letion Certificate A##ro?al Only @y -aintenance Certificate :1; -aintenance Certificate :2; Cessation Of Railway8s >ia.ility :3; 6nfulfilled O.li ations :1; &inal Pay(ent :2; Post Pay(ent Audit :3; Re#ay(ent Of Security $e#osit Production Of 7ouchers ,tc! @y 'he Contractor 0ithholdin And >ien In Res#ect Of Su(s Clai(ed >ien In Res#ect Of Clai(s In Other Contracts Si nature On Recei#ts &or A(ounts Lab+ur 0a es 'o >a.our A##rentices Act Pro?isions Of Pay(ents Of 0a es Act Pro?isions Of Contract >a.our :Re ulation And A.olition; Act= 1/%0 Pro?isions of ,(#loyees Pro?ident &und and -iscellaneous Pro?isions Act= 1/+2 Re#ortin Of Accidents 'o >a.our Pro?ision Of 0or1(enEs Co(#ensation Act Pro?ision Of -ines Act Railway Aot 'o Pro?ide Huarters &or Contractors :1; >a.our Ca(#s :2; Co(#liance 'o Rules &or ,(#loy(ent Of >a.our :3; Preser?ation Of Peace :*; Sanitary Arran e(ents :+; Out.rea1 Of Infectious $iseases :"; 'reat(ent Of ContractorEs Staff In Railway <os#itals :%; -edical &acilities At Site :); 6se Of Into2icates
Pa"e *1 *1 *1 *1 *1 *1 *1 *2 *2 *2 ** ** *+ *+ *+ *" *" *" *" *" *" *% *% *% *% *) *) *) *) */ */ */ +0 +0 +0 +0 +0 +1 +1 +1 +1 +1 +1 +1 +2 Pa e *
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+1!
+13A! +2! +23A! +3! +*! +*3A! ++! ++3A! ++3@! +"! +%! +%3A! +)! +/!
Para
Subje ! :/; Aon3,(#loy(ent Of &e(ale >a.our :10; Restriction On 'he ,(#loy(ent Of Retired ,n ineers Of Railways Ser?ices 0ithin 'wo Gears Of 'heir Retire(ent :1; Aon3,(#loy(ent Of >a.our @efore 'he A e Of 1+ Gears :2; -edical Certificate Of &itness &or >a.our :3; Period Of 7alidity Of -edical &itness Certificate :*; -edical Re3,2a(ination Of >a.our De!er)'#a!'+# O( C+#!ra ! :1; Ri ht Of Railway 'o $eter(ine Contract :2; Pay(ent On $eter(ination Of Contract :3; Ao Clai( On Co(#ensation :1; $eter(ination Of Contract Owin 'o $efault Of Contractor :2; Ri ht Of Railway After Rescission Of Contract Owin 'o $efault Of Contractor Se!!le)e#! O( D'*-u!e* -atters &inally $eter(ined @y 'he Railway :1; $e(and &or Ar.itration :2; O.li ations $urin Pendency Of Ar.itration :3; A##oint(ent Of Ar.itrator :*;= :+;= :"; C :%; 3 Ar.itral Award CGeneral J+'#! 0e#!ure 2J03 F'r)* I# .+r/* Te#$er* Partici#ation Of Joint 7enture :J7; &ir(s In 0or1s 'ender 1! to *! 3 Identity C -e(.ers of J7 &ir( +! 3 ,arnest -oney $e#osit :,-$; "! 3 >ead -e(.er %! to 11! 3 Constitution of J7 and -O6 .y J7 -e(.ers 12! 3 J7 A ree(ent 13! to 1*! 3 Authorised -e(.ers 1+! 3 $ocu(ents 'o @e ,nclosed Alon with 'ender 1"! 3 Credentials C Hualifyin Criteria 4 'echnical ,li i.ility Criteria and &inancial ,li i.ility Criteria A##e%ure* , Anne2ure37II Perfor(a &or 'i(e ,2tension Anne2ure37III Certificate Of &itness Anne2ure3IK Perfor(a Of % $ays8 Aotice Anne2ure3K Perfor(a Of *) <rs! Aotice Anne2ure3KI Perfor(a Of 'er(ination Aotice Re ister Of Correction Sli#s
Pa"e +2 +2 +2 +2 +2 +2 +3 +3 +3 +3 +3 ++ ++ ++ +" +" +" +) +) +) +) +) +) +) +/ +/ +/ "0 "2 "2 "3 "* "+ "" "%
"0!
"1!
"2!
"3! "*!
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Pa e +
PART-I
REGULATIONS FOR TENDERS AND CONTRACTS
FOR T4E GUIDANCE OF ENGINEERS 5 CONTRACTORS FOR .OR6S CONTRACTS
&EANING OF TER&S
171 I#!er-re!a!'+# , 'hese Re ulations for 'enders and Contracts shall .e read in conBunction with the General Conditions of Contract which are referred to herein and shall .e su.Bect to (odifications additions or su##ression .y s#ecial conditions of contract andDor s#ecial s#ecifications= if any= anne2ed to the 'ender &or(s! 172 De('#'!'+# , In these Re ulations for 'enders and Contracts the followin ter(s shall ha?e the (eanin s assi ned hereunder e2ce#t where the conte2t otherwise reFuires! :a; LRailwayJ shall (ean the President of the Re#u.lic of India or the Ad(inistrati?e Officers of the Successor Railway authoriMed to deal with any (atters= which these #resents are concerned on his .ehalf! LGeneral -ana erJ shall (ean the Officer3in3Char e of the eneral su#erintendence and control of the 5onal RailwayDProduction 6nits and shall also include the General -ana er :Construction; and shall (ean and include their successors= of the Successor Railway! LChief ,n ineerJ shall (ean the Officer in char e of the ,n ineerin $e#art(ent of ,ast Central Railway and shall also include the Chief ,n ineer :Construction;= Chief ,lectrical ,n ineer= Chief ,lectrical ,n ineer :Construction;= Chief Si nal C 'eleco( ,n ineer= Chief Si nal C 'eleco( ,n ineer :Construction; and shall (ean and include their successors of the Successor Railway! L$i?isional Railway -ana erJ shall (ean the Officer in char e of a $i?ision of the 5onal Railway and shall (ean and include the $i?isional Railway -ana er of the Successor Railway! L,n ineerJ shall (ean the $i?isional ,n ineer or the ,2ecuti?e ,n ineer= $i?isional Si nal C 'eleco((unication ,n ineer= $i?isional Si nal C 'eleco((unication ,n ineer :Construction;= $i?isional ,lectrical ,n ineer and $i?isional ,lectrical ,n ineer :Construction;= in e2ecuti?e char e of the wor1s and shall include the su#erior officers of the ,n ineerin = Si nal C 'eleco((unication= and ,lectrical $e#art(ents of Railway= i!e! the Senior $i?isional ,n ineerD$e#uty Chief ,n ineerDChief ,n ineerDChief ,n ineer:Construction;=Senior $i?isional Si nal C 'eleco((unication ,n ineer D $y!Chief Si nal C 'eleco((unication ,n ineer D $y! Chief Si nal C 'eleco((unication ,n ineer:Construction;= Senior $i?isional ,lectrical ,n ineer D $e#uty Chief ,lectrical ,n ineer D $y!Chief ,lectrical ,n ineer :Construction; D and shall (ean and include the ,n ineers of the Successors Railway! L'endererJ shall (ean the #erson D the fir( D co3o#erati?e or co(#any whether incor#orated or not who tenders for the wor1s with a ?iew to e2ecute the wor1s on contract with the Railway and shall include their #ersonal re#resentati?es= successors and #er(itted assi ns! L>i(ited 'endersJ shall (ean tenders in?ited fro( all or so(e Contractors on the a##ro?ed or select list of Contractors with the Railway! LO#en 'endersJ shall (ean the tenders in?ited in o#en and #u.lic (anner and with adeFuate notice! L0or1sJ shall (ean the wor1s conte(#lated in the drawin s and schedules set forth in the tender for(s and reFuired to .e e2ecuted accordin to the s#ecifications! Pa e "
:.;
:c;
:d;
:e;
:f;
: ; :h; :i;
:B;
LS#ecificationsJ shall (ean the s#ecifications for -aterials and wor1s of the Railway as s#ecified in Part3III of the 0or1s <and @oo1 issued under the authority of the Chief ,n ineer or as a(#lified= added to or su#erseded .y s#ecial s#ecifications if any= a##ended to the 'ender &or(s! LSchedule of Rates of the RailwayJ shall (ean the Schedule of Rates issued under the authority of the Chief ,n ineer fro( ti(e to ti(e! L$rawin sJ shall (ean the (a#s= drawin s= #lans and tracin s or #rints thereof anne2ed to the 'ender &or(s!
:1; :l;
173 0ords i(#ortin the sin ular nu(.er shall also include the #lural and ?ice ?ersa where the conte2t reFuires!
CREDENTIALS OF CONTRACTORS
27 A--l' a!'+# F+r Re"'*!ra!'+# ,
271 0or1s of construction and of su##ly of (aterial shall .e entrusted for e2ecution to contractors whose ca#a.ilities and financial status ha?e .een in?esti ated and a##ro?ed to the satisfaction of the Railway! &or this #ur#ose= list of a##ro?ed contractors shall .e (aintained in the Railway! 'he said list .e re?ised #eriodically once in a year or so .y i?in wide #u.licity throu h ad?ertise(ents etc! A Contractor includin a contractor who is already on the a##ro?ed list shall a##ly to the nearest General -ana er :Construction;= Chief Ad(inistrati?e Officer :Construction;= $i?isional Railway -ana er= Chief ,n ineerDChief ,n ineer :Construction;= Chief Si nal C 'eleco((unication ,n ineerDChief Si nal C 'eleco((unication ,n ineer :Construction; and Chief ,lectrical ,n ineerDChief ,lectrical ,n ineer :Construction;= furnishin #articulars re ardin 4 :a; :.; his #osition as an inde#endent contractor s#ecifyin ,n ineerin or aniMation a?aila.le with details or Partners D Staff D ,n ineers e(#loyed with Fualifications and e2#erienceN his ca#acity to underta1e and carry out wor1s satisfactorily as ?ouched for .y a res#onsi.le official or fir(= with details a.out the trans#ort eFui#(ents= construction tools and #lants etc!= reFuired for the wor1 (aintained .y hi(N his #re?ious e2#erience of wor1s si(ilar to that to .e contracted for= in #roof of which ori inal certificates or testi(onials (ay .e called for and their enuineness ?erified= if needs .e= .y reference to the si natories thereofN his 1nowled e fro( actual #ersonal in?esti ation of the resources of the areaDMone or Mones in which he offers to wor1N his a.ility to su#er?ise the wor1 #ersonally or .y co(#etent and duly authoriMed a entN his financial #ositionN AuthoriMed co#y of the current inco(e3ta2 Clearance Certificate!
:c;
:d; :e; :f; : ;
272 An a##licant shall clearly state the cate ories of wor1s and the Area D 5one D $i?ision:s; D $istrict:s; in which he desires re istration in the list of a##ro?ed contractors! 273 'he selection of contractors for enlist(ent in the a##ro?ed list would .e done .y a co((ittee for different ?alue sla.s as notified .y Railway! 278 An annual fee as #rescri.ed .y the Railway fro( ti(e to ti(e would .e char ed fro( such a##ro?ed contractors to co?er the cost of sendin notices to the( and cler1a e for tenders etc! 279 'he list of a##ro?ed contractors would .e treated as confidential office record!
Pa e %
TENDERS FOR .OR6S

37 Te#$er F+r) , 'ender &or(s shall e(.ody the contents of the contract docu(ents either directly or .y reference and shall .e as #er s#eci(en for(= Anne2ure3I! 'ender &or(s shall .e issued on #ay(ent of the #rescri.ed fee to the a##ro#riate contractors on the list of a##ro?ed contractors! Contractors not on the list of a##ro?ed contractors= will on #ay(ent of the #rescri.ed fees= .e furnished with tender for(s and they shall .e reFuired to su.(it e?idence re ardin their financial status= #re?ious e2#erience and a.ility to e2ecute the wor1s! 87 O)'**'+#* 5 D'* re-a# 'e* , Should a tenderer find discre#ancies in or o(issions fro( the drawin s or any of the 'ender &or(s or should he .e in dou.t as to their (eanin = he should at once notify the authority in?itin tenders who (ay send a written instruction to all tenders! It shall .e understood that e?ery endea?our has .een (ade to a?oid any error which can (aterially affect the .asis of tender and successful tenderer shall ta1e u#on hi(self and #ro?ide for the ris1 of any error which (ay su.seFuently .e disco?ered and shall (a1e no su.seFuent clai( on account thereof! 97 Ear#e*! &+#ey ,
:1; :a; 'he tenderer shall .e reFuired to de#osit earnest (oney with the tender for the due #erfor(ance with the sti#ulation to 1ee# the offer o#en till such date as s#ecified in the tender= under the conditions of tender! 'he earnest (oney shall .e as under 4 0alue O( T:e .+r/ A! &or wor1s esti(ated to cost u# to Rs! 1 crore &or wor1s esti(ated to cost (ore than Rs! 1 crore Ear#e*! &+#ey De-+*'! 2E&D3 2O of the esti(ated cost of the wor1
@!
Rs! 2 la1h #lus PO :half #ercent; of the e2cess of the esti(ated cost of wor1 .eyond Rs!1 crore su.Bect to a (a2i(u( of Rs! 1 crore
'he earnest (oney shall .e rounded to the nearest Rs!10! 'his earnest (oney shall .e a##lica.le for all (odes of tenderin ! :.; It shall .e understood that the tender docu(ents ha?e .een soldDissued to the tenderer and the tenderer is #er(itted to tender in consideration of sti#ulation on his #art= that after su.(ittin his tender he will not resile fro( his offer or (odify the ter(s and conditions thereof in a (anner not acce#ta.le to the ,n ineer! Should the tenderer fail to o.ser?e or co(#ly with the said sti#ulation= the aforesaid a(ount shall .e lia.le to .e forfeited to the Railway! :c; If his tender is acce#ted this earnest (oney (entioned in su. clause :a; a.o?e will .e retained as #art security for the due and faithful fulfill(ent of the contract in ter(s of Clause 1" of the General Conditions of Contract! 'he ,arnest -oney of other 'enderers shall= sa?e as herein .efore #ro?ided= .e returned to the(= .ut the Railway shall not .e res#onsi.le for any loss or de#reciation that (ay ha##en thereto while in their #ossession= nor .e lia.le to #ay interest thereon! :2; :a; 'he ,arnest -oney should .e in cash or in any of the followin for(s 4 L'he ,arnest -oney should .e in cash or in the for( of de#osit recei#ts= #ay orders or de(and drafts e2ecuted .y State @an1 of India or any of the AationaliMed @an1s or .y a Scheduled @an1!J :.; ,arnest (oney (ay .e acce#ted in the followin for(s 4 :i; :ii; :iii; A de#osit in cash Go?ern(ent securities at +O .elow the (ar1et ?alue $e#osit recei#ts or de(and drafts of the AationaliMed @an1 Pa e )
:i?; :?; :?i;
A de#osit in the Post Office Sa?in @an1 Aational Sa?in s Certificates 'wel?e Gear Aational $efence Certificates
:?ii; 'en Gear $efence $e#osits :?iii; Aational $efence @onds :i2; :2; :2i; Aational Sa?in s Certificates= 'i(e $e#osit Account which ca(e into force on 1"!03!1/%0 and notified under -inistry of &inance= Aotification Ao!&3 :%; ASD%0= dated 2)!02!%0 IR&C @onds
N+!e , :?i; to :?iii; 3 these CertificatesD@onds (ay .e acce#ted at their surrender ?alue! ;7 Care I# Sub)'**'+# O( Te#$er* ,
:a; @efore su.(ittin a tender= the tenderer will .e dee(ed to ha?e satisfied hi(self .y actual ins#ection of the site and locality of the wor1s= that all conditions lia.le to .e encountered durin the e2ecution of the wor1s are ta1en into account and that the rates he enters in the tender for(s are adeFuate and all inclusi?e to accord with the #ro?isions in Clause33% of the General Conditions of Contract for the co(#letion of wor1s to the entire satisfaction of the ,n ineer! :.; 0hen wor1 is tendered for .y a fir( or co(#any of contractors= the tender shall .e si ned .y the indi?idual le ally authoriMed to enter into co((it(ents on their .ehalf! :c; 'he Railway will not .e .ound .y any #ower of attorney ranted .y the tenderer or .y chan es in the co(#osition of the fir( (ade su.seFuent to the e2ecution of the contract! It (ay= howe?er= reco niMe such #ower of attorney and chan es after o.tainin #ro#er le al ad?ice= the cost of which will .e char ea.le to the contractor!
CONSIDERATION OF TENDERS
<7 R'":! O( Ra'l=ay T+ Deal .'!: Te#$er* , 'he Railway reser?es the ri ht of not to in?ite tenders for any of Railway wor1 or wor1s or to in?ite o#en or li(ited tenders and when tenders are called to acce#t a tender in whole or in #art or reBect any tender or all tenders without assi nin reasons for any such action! <A7 T=+ Pa /e!* Sy*!e) +( Te#$er'#" , 'he #rocedure detailed .elow shall .e ado#ted for dealin with Q'wo Poc1ets Syste(8 of 'enderin 4 <A71 0ith a ?iew to assess the tenders technically without .ein influenced .y the financial .ids= E'wo Pac1ets Syste( of tenderin E shall .e ado#ted! In this syste(= the tenderers shall su.(it their FuotationsDoffers in two sealed en?elo#esN with one co?er containin the 'echnical C Co((ercial offers and the other co?er containin the &inancial @ids! 'he first #ac1et shall .e with the o.Becti?e of scrutinisin the ca#a.ility= #ossession of a##ro#riate (achinery C eFui#(ents= financial stren th= e2#erience etc! of the tenderers! 'he technical details and co((ercial conditions shall .e read out .efore the tenderers or their re#resentati?es at the ti(e of o#enin of tenders and the sa(e shall .e e?aluated .y the 'ender Co((ittee! If the offers are found acce#ta.le .y the co(#etent authority :as #rescri.ed .y Railway @oard fro( ti(e to ti(e for the esti(ated ?alue of tender in?ited;= the second #ac1et shall .e o#ened and the tenders shall .e #rocessed for finalisation in the nor(al (anner! <owe?er= if on the .asis of infor(ation contained in the first #ac1et= the 'ender Co((ittee needs clarification re ardin desi ns= s#ecifications etc!N discussions shall .e held with each indi?idual #artyD tenderer after o.tainin a##ro?al of the Co(#etent Authority! Pa e /
<A72
<A73
<A78
E'wo Pac1ets Syste(E of tenderin shall .e resorted to for techno3co((ercial consideration in 0or1s Contract 'enders of ?alues as co((unicated .y Railway @oard fro( ti(e to ti(e on the su.Bect!
RAuthority 4 Railway @oardEs letter no! /*DC,3IDC'D* Pt!1%= Aew $elhi= $ated 13!0)!2012S
CONTRACT DOCU&ENTS
>7 E%e u!'+# +( C+#!ra ! D+ u)e#! , 'he 'enderer whose tender is acce#ted shall .e reFuired to a##ear in #erson at the office of General -ana erDGeneral -ana er :Construction;= Chief Ad(inistrati?e Officer :Construction;= $i?isional Railway -ana er or concerned ,n ineer= as the case (ay .e= or if a fir( or cor#oration= a duly authoriMed re#resentati?e shall so a##ear and e2ecute the contract docu(ents within % days after notice that the contract has .een awarded to hi(! &ailure to do so shall constitute a .reach of the a ree(ent affected .y the acce#tance of the tender in which case the full ?alue of the earnest (oney acco(#anyin the tender shall stand forfeited without #reBudice to any other ri hts or re(edies! In the e?ent of any tenderer whose tender is acce#ted shall refuse to e2ecute the contract docu(ent as here in .efore #ro?ided= the Railway (ay deter(ine that such tenderer has a.andoned the contract and there u#on his tender and acce#tance thereof shall .e treated as cancelled and the Railway shall .e entitled to forfeit the full a(ount of the ,arnest -oney and to reco?er the da(a es for such default! ?7 F+r) O( C+#!ra ! D+ u)e#! , ,?ery contract shall .e co(#lete in res#ect of the docu(ent it shall so constitute! Aot less than 2 co#ies of the contract docu(ent shall .e si ned .y the co(#etent authority and the contractor and one co#y i?en to the contractor! :a; &or 5one contracts= awarded on the .asis of the #ercenta e a.o?e or .elow the Schedule of Rates of Railway for the whole or #art of financial year= the contract a ree(ent reFuired to .e e2ecuted .y the tenderer whose tender is acce#ted shall .e as #er s#eci(en for(= Anne2ure3II! $urin the currency of the 5one Contract= wor1 orders as #er s#eci(en for( Anne2ures3III or I7= for wor1s not e2ceedin Rs!2=00=000 each= shall .e issued .y the $i?isional Railway -ana er D ,2ecuti?e ,n ineer under the a ree(ent for 5one Contract! :.; &or contracts for s#ecific wor1s= ?alued at (ore than Rs!2=00=000 the contract docu(ent reFuired to .e e2ecuted .y the tenderer whose tender is acce#ted shall .e either an A ree(ent as #er s#eci(en for( Anne2ure3I7= or a wor1 order as #er s#eci(en for( Anne2ure37 as (ay .e #rescri.ed .y the Railway!
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ANNEXURE - I @@@@@@@@@@@@ RAIL.AA TENDER FOR& 2F'r*! S:ee!3

'ender Ao! TTTTTTTTTTTTTTTTTTTT Aa(e Of 0or1 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
'o 'he President of India Actin throu h the TTTTTTTTTTTTTTTTTTTT TTTTTTTTT Railway
ID0e TTTTTTTTTTTTTTTTTTTT ha?e read the ?arious conditions to tender attached hereto and a ree to a.ide .y the said conditions! ID0e also a ree to 1ee# this tender o#en for acce#tance for a #eriod of TTTTTTTT days fro( the date fi2ed for o#enin the sa(e and in default thereof= ID0e will .e lia.le for forfeiture of (yDour L,arnest -oneyJ! ID0e offer to do the wor1 for TTTTTTT Railway= at the rates Fuoted in the attached schedule and here.y .ind (yselfDoursel?es to co(#lete the wor1 in all res#ects within TTTTTTTTTTTT (onths fro( the date of issue of letter of acce#tance of the tender! 27 ID0e also here.y a ree to a.ide .y the Indian Railways General Conditions Of Contract 2011= with all correction sli#s u#3to3date and to carry out the wor1 accordin to the S#ecial Conditions of Contract and S#ecifications of (aterials and wor1s as laid down .y Railway in the anne2ed S#ecial ConditionsDS#ecifications= Schedule of Rates with all correction sli#s u#3to3date for the #resent contract! 37 A su( of Rs! TTTTTTTTTTT is herewith forwarded as ,arnest -oney! &ull ?alue of the earnest -oney shall stand forfeited without #reBudice to any other ri ht or re(edies in case (yDour 'ender is acce#ted and if 4 :a; ID0e do not e2ecute the contract docu(ents within se?en days after recei#t of notice issued .y the Railway that such docu(ents are readyN and :.; ID0e do not co((ence the wor1 within fifteen days after recei#t of orders to that effect! 87 6ntil a for(al a ree(ent is #re#ared and e2ecuted= acce#tance of this tender shall constitute a .indin contract .etween us su.Bect to (odifications= as (ay .e (utually a reed to .etween us and indicated in the letter of acce#tance of (yDour offer for this wor1! TTTTTTTTTTTTTTTTTTTTTTTT Si nature of 0itnesses 4 :1; TTTTTTTTTTTTTTTTTTT :2; TTTTTTTTTTTTTTTTTTT Si nature of 'enderer:s; $ate TTTTTTTTTTTTTTTT Address of the 'enderer:s; TTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTT
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ANNEXURE - I :Contd! 9; TENDER FOR& 2Se +#$ S:ee!3

17 I#*!ru !'+#* T+ Te#$er* A#$ C+#$'!'+#* O( Te#$er , 'he followin for( #art of 'ender D Contract 4 :a; 'ender for(s &irst Sheet and Second Sheet :.; S#ecial ConditionsDS#ecifications :enclosed; :c; Schedule of a##ro2i(ate Fuantities :enclosed; :d; General Conditions of Contract and Standard S#ecifications for -aterials and 0or1s of Indian Railway as a(endedDcorrected u#to latest Correction Sli#s= co#ies of which can .e seen in the office of TTTTTTTTTTTTTT or o.tained fro( the office of the Chief ,n ineer= TTTTTTTTTTTT Railway on #ay(ent of #rescri.ed char es! :e; Schedule of Rates as a(ended D corrected u#to latest Correction Sli#s= co#ies of which can .e seen in the office of TTTTTTTTTTTTTTTT or o.tained fro( the office of the Chief ,n ineer= TTTTTTTTTTTTTTTT Railway on #ay(ent of #rescri.ed char es! :f; All eneral and detailed drawin s #ertainin to this wor1 which will .e issued .y the ,n ineer or his re#resentati?es :fro( ti(e to ti(e; with all chan es and (odifications! 27 Dra='#"* F+r T:e .+r/ , 'he $rawin for the wor1 can .e seen in the office of the TTTTTTTTT and D or Chief ,n ineer= TTTTTTTTTTTT Railway at any ti(e durin the office hours! 'he drawin s are only for the uidance of 'enderer:s;! $etailed wor1in drawin s :if reFuired; .ased enerally on the drawin (entioned a.o?e= will .e i?en .y the ,n ineer or his re#resentati?e fro( ti(e to ti(e! 37 'he 'enderer:s; shall Fuote his D their rates as a #ercenta e a.o?e or .elow the Schedule of Rates of TTTTTTTTTTTT Railway as a##lica.le to TTTTTTTTTTTT $i?ision e2ce#t where heDthey are reFuired to Fuote ite( rates and (ust tender for all the ite(s shown in the Schedule of a##ro2i(ate Fuantities attached! 'he Fuantities shown in the attached Schedule are i?en as a uide and are a##ro2i(ate only and are su.Bect to ?ariation accordin to the needs of the Railway! 'he Railway does not uarantee wor1 under each ite( of the Schedule! 87 'enders containin erasures and D or alterations of tender docu(ents are lia.le to .e reBected! Any correction (ade .y tender:s; in hisDtheir entries (ust .e attested .y hi( D the(! 97 'he wor1s are reFuired to .e co(#leted within a #eriod of TTTTTTTT (onths fro( the date of issue of acce#tance letter! ;7 Ear#e*! &+#ey , docu(ents
:a; 'he tender (ust .e acco(#anied .y a su( of Rs! TTTTTTTTT as earnest (oney de#osited in cash or in any of the for(s as (entioned in QRe ulations &or 'enders And Contracts8 for the uidance of the ,n ineers and Contractors= failin which the tender will not .e considered! :.; 'he 'enderer:s; shall 1ee# the offer o#en for a (ini(u( #eriod of /0 days fro( the date of o#enin of the 'ender! It is understood that the tender docu(ents ha?e .een soldDissued to the 'enderer:s; and the 'enderer:s;= is D are #er(itted to tender in consideration of the sti#ulation on his D their #art that after su.(ittin his D their tender su.Bect to the #eriod .ein e2tended further= if reFuired .y (utual a ree(ent fro( ti(e to ti(e= he will not resile fro( his offer or (odify the ter(s and conditions thereof in a (anner not acce#ta.le to the Chief ,n ineerD$y!Chief ,n ineerD$i?isional ,n ineer of TTTTTTTTTTT Railway= Should the tenderer fail to o.ser?e or co(#ly with the fore oin sti#ulation= the a(ount de#osited as ,arnest -oney for the due #erfor(ance of the a.o?e sti#ulation= shall .e forfeited to the Railway!
Pa e 12
:c; If the tender is acce#ted= the a(ount of ,arnest -oney will .e retained and adBusted as Security $e#osit for the due and faithful fulfill(ent of the contract! 'his a(ount of Security $e#osit shall .e forfeited= if the 'enderer:s;DContractor:s; fail to e2ecute the A ree(ent @ond within % days after recei#t of notice issued .y Railway that such docu(ents are ready or to co((ence the wor1 within 1+ days after recei#t of the order to that effect! :d; ,arnest -oney of the unsuccessful tenderer:s; will= sa?e as here3in3.efore #ro?ided= .e returned to the unsuccessful tenderer:s; within a reasona.le ti(e= .ut the Railway shall not .e res#onsi.le for any loss or de#reciation that (ay ha##en to the Security for the due #erfor(ance of the sti#ulation to 1ee# the offer o#en for the #eriod s#ecified in the tender docu(ents or to the ,arnest -oney while in their #ossession nor .e lia.le to #ay interest thereon! <7 R'":!* O( T:e Ra'l=ay T+ Deal .'!: Te#$er , 'he authority for the acce#tance of the tender will rest with the Railway! It shall not .e o.li atory on the said authority to acce#t the lowest tender or any other tender and no tenderers:s; shall de(and any e2#lanation for the cause of reBection of hisDtheir tender nor the Railway to assi n reasons for declinin to consider or reBect any #articular tender or tenders! >7 If the tenderer:s; deli.erately i?es D i?e wron infor(ation in his D their tender or creates D create circu(stances for the acce#tance of his D their tender= the Railway reser?es the ri ht to reBect such tender at any sta e! ?7 If the tenderer:s; e2#ires after the su.(ission of his D their tender or after the acce#tance of his their tender= the Railway shall dee( such tender cancelled! If a #artner of a fir( e2#ires after the su.(ission of their tender or after the acce#tance of their tender= the Railway shall dee( such tender as cancelled= unless the fir( retains its character! 107 I# +)e Ta% Cleara# e Cer!'(' a!e , 'he tenderer:s; isDare reFuired to #roduce alon with hisDtheir tender an authorised co#y of the Inco(e'a2 Clearance certificate or a sworn affida?it duly countersi ned .y the Inco(e 'a2 Officer to the effect that he hasDthey ha?e no ta2a.le inco(e! 117 Te#$ererB* Cre$e#!'al* , $ocu(ents testifyin tenderer8s #re?ious e2#erience and financial status should .e #roduced alon with the tender or when desired .y co(#etent authority of the Railway! 'enderer:s; who has D ha?e not carried out any wor1 so far on TTTTTTTTT Railway and who is D are not .orne on the a##ro?ed list of the Contractors of TTTTTTTT Railway should su.(it alon with his D their tender credentials to esta.lish 4 :i; :ii; :iii; <is ca#acity to carry out the wor1s satisfactorily! <is financial status su##orted .y @an1 reference and other docu(ents! Certificates duly attested and testi(onials re ardin contractin e2#erience for the ty#e of Bo. for which tender is in?ited with list of wor1s carried out in the #ast!
127 'ender (ust .e enclosed in a sealed co?er= su#erscri#ted L'ender Ao! TTTTJ and (ust .e sent .y re istered #ost to the address of TTTTTTTTTTTTTTTTT Railway so as to reach his office not later than TTTTT <ours on the TTTTTTTTTTTTTTTTTT or de#osited in the s#ecial .o2 allotted for the #ur#ose in the office of TTTTTTTTTTTTTTTTTT Railway! 'his S#ecial .o2 will .e sealed at TTTTT hours on TTTTTTTTTTTTT! 'he tender will .e o#ened at TTTTT hours on the sa(e day! 'he tender #a#ers will not .e sold after TTTTTT hours on TTTTTTTTTTT! 137 Aon3co(#liance with any of the conditions set forth therein a.o?e is lia.le to result in the tender .ein reBected! 187 E%e u!'+# O( C+#!ra ! D+ u)e#!* , 'he successful 'enderer:s; shall .e reFuired to e2ecute an a ree(ent with the President of India actin throu h the TTTTTTTTTTTTT= TTTTTTTTT Railway for carryin out the wor1 accordin to General Conditions of Contract= S#ecial Conditions D S#ecifications anne2ed to the tender and S#ecification for wor1 and (aterials of Railway as a(endedDcorrected u#to latest Correction Sli#s= (entioned in tender for( :&irst Sheet;!
Pa e 13
197 Par!#er*:'- Dee$*1 P+=er O( A!!+r#ey E! 7 , 'he tenderer shall clearly s#ecify whether the tender is su.(itted on his own or on .ehalf of a #artnershi# concern! If the tender is su.(itted on .ehalf of a #artnershi# concern= he should su.(it the certified co#y of #artnershi# deed alon with the tender and authoriMation to si n the tender docu(ents on .ehalf of #artnershi# fir(! If these docu(ents are not enclosed alon with tender docu(ents= the tender will .e treated as ha?in .een su.(itted .y indi?idual si nin the tender docu(ents! 'he Railway will not .e .ound .y any #ower of attorney ranted .y the tenderer or .y chan es in the co(#osition of the fir( (ade su.seFuent to the e2ecution of the contract! It (ay= howe?er= reco niMe such #ower of attorney and chan es after o.tainin #ro#er le al ad?ice= the cost of which will .e char ea.le to the contractor! 1;7 'he tenderer whether sole #ro#rietor= a li(ited co(#any or a #artnershi# fir( if they want to act throu h a ent or indi?idual #artner:s; should su.(it alon with the tender or at a later sta e= a #ower of attorney duly sta(#ed and authenticated .y a Aotary Pu.lic or .y -a istrate in fa?our of the s#ecific #erson whether heDthey .e #artner:s; of the fir( or any other #erson s#ecifically authorisin hi(Dthe( to su.(it the tender= si n the a ree(ent= recei?e (oney= witness (easure(ents= si n (easure(ent .oo1s= co(#ro(ise= settle= relinFuish any clai(:s; #referred .y the fir( and si n IAo Clai( CertificateI and refer all or any dis#utes to ar.itration! 1<7 E)-l+y)e#!CPar!#er*:'- E! 7 O( Re!'re$ Ra'l=ay E)-l+yee* ,
:a; Should a tenderer .e a retired en ineer of the GaMetted ran1 or any other GaMetted officer wor1in .efore his retire(ent= whether in the e2ecuti?e or ad(inistrati?e ca#acity or whether holdin a #ensiona.le #ost or not= in the ,n ineerin or any other de#art(ent of any of the railways owned and ad(inistered .y the President of India for the ti(e .ein = or should a tenderer .ein #artnershi# fir( ha?e as one of its #artners a retired en ineer or retired GaMetted Officer as aforesaid= or should a tenderer .ein an incor#orated co(#any ha?e any such retired en ineer or retired officer as one of its $irectors or should a tenderer ha?e in his e(#loy(ent any retired ,n ineer or retired GaMetted Officer as aforesaid= the full infor(ation as to the date of retire(ent of such ,n ineer or GaMetted Officer fro( the said ser?ice and in case where such ,n ineer or Officer had not retired fro( Go?ern(ent ser?ice at least 2 years #rior to the date of su.(ission of the tender as to whether #er(ission for ta1in such contract= or if the contractor .e a #artnershi# fir( or an incor#orated co(#any= to .eco(e a #artner or $irector as the case (ay .e= or to ta1e the e(#loy(ent under the contractor= has .een o.tained .y the tenderer or the ,n ineer or Officer= as the case (ay .e fro( the President of India or any officer= duly authorised .y hi( in this .ehalf= shall .e clearly stated in writin at the ti(e of su.(ittin the tender! 'enders without the infor(ation a.o?e referred to or a state(ent to the effect that no such retired ,n ineer or retired GaMetted Officer is so associated with the tenderer= as the case (ay .e= shall .e reBected! :.; Should a tenderer or contractor .ein an indi?idual on the list of a##ro?ed Contractors= ha?e a relati?e:s; or in the case of #artnershi# fir( or co(#any of contractors one or (ore of his shareholder:s; or a relati?e:s; of the shareholder:s; e(#loyed in aMetted ca#acity in the ,n ineerin or any other de#art(ent of the TTTTTTTTTTTTT Railway= the authority in?itin tenders shall .e infor(ed of the fact at the ti(e of su.(ission of tender= failin which the tender (ay .e disFualifiedDreBected or if such fact su.seFuently co(es to li ht= the contract (ay .e rescinded in accordance with the #ro?ision in Clause "2 of the General Conditions of Contract!
:Si nature; :$esi nation; TTTTTTTTTTTTT Railway Si nature of 'enderer:s; $ate TTTTTTTTTTTTTTT
Pa e 1*
ANNEXURE - I :Contd! 9; TENDER FOR& 2T:'r$ S:ee!3

Na)e O( .+r/ , TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
SC4EDULE OF RATES AND DUANTITIES
S> 1
Ite( Ao! 2
$escri#tion Of Ite( Of 0or1 3
A##ro2i(ate Huantity *
6nit +
Rates In &i ures And 0ords :Rs!; "
A(ount :Rs!; %
'he Fuantities shown in a.o?e Schedule are a##ro2i(ate and are as a uide to i?e the tenderer:s; an idea of Fuantu( of wor1 in?ol?ed! 'he Railway reser?es the ri ht to increaseD decrease andDor delete or include any of the Fuantities i?en a.o?e and no e2tra rate will .e allowed on this account! ID0e underta1e to do the wor1 at TTTTTTTTTT O a.o?eD.elow the Schedule of Rates of the TTTTTTTTTTT Railway as a##lica.le to TTTTTTTTTTTTTTTTTTTTTTTTT $i?ision or at the rates Fuoted a.o?e for each ite(!
$ated TTTTTTTTTTTTTT Si nature of the 'enderer:s;
Aote 4 Colu(ns 1 to + shall .e filled .y the office of the Authority in?itin tender! Colu(ns " C % shall .e filled .y the 'enderer:s; only when #ercenta e tenders are not in?ited!
Pa e 1+
ANNEXURE E II AGREE&ENT FOR FONE CONTRACT

COA'RAC' AGR,,-,A' Ao!TTTTTTTTTTTTTT= $A',$ TTTTTTTTTTTTT! AR'IC>,S O& AGR,,-,A' (ade this TTTTTTTTTTTTTT day of TTTTTTTTTTTTTT .etween the President of India actin throu h the TTTTTTTTTTTTTTTTT= TTTTTTTTTTTTT Railway hereinafter called the IRailwayI of the other #art and TTTTTTTTTTTTTTTTTTTTTTTTTTT hereinafter called the IContractorI of the other #art! 0<,R,AS the Contractor has a reed with the Railway durin the #eriod of TTTTT (onths fro( TTTTTTTTTTTTTT to TTTTTTTTTTTTTTTTT for the #erfor(ance of 4 :a; Aew 0or1s= additions and alterations to e2istin structures= s#ecial re#air wor1s and su##ly of .uildin (aterials su.Bect to the contract ?alue for such wor1s not e2ceedin Rs! TTTTTTT! :.; All ordinary re#air and (aintenance wor1s at any site .etween 1ilo(etre TTTTTTTTTT and 1ilo(etre TTTTTTTTT as will .e set forth in the wor1 orders :which wor1 orders shall .e dee(ed and ta1en to .e #art of this contract; that will .e issued durin the said #eriod at TTTTTTTO a.o?eD.elow the Schedule of Rates of the TTTTTTTTTTTTT Railway= corrected u# to the latest Correction Sli#s and Standard S#ecifications of the TTTTTTTTTTTTT Railway corrected u#to latest Correction Sli#s and the S#ecial Conditions and S#ecial S#ecifications= if any in confor(ity with the drawin s :if any; that will .e issued with the wor1 order= aforesaid AA$ 0<,R,AS the #erfor(ance of the said wor1 is an act in which the #u.lic are interested! AO0 '<IS IA$,A'6R, PR,S,A'S 0I'A,SS,'< 'hat in consideration of the #ay(ent to .e (ade .y the Railway= the Contractor will duly #erfor( the wor1s set forth in the said 0or1 Order and shall e2ecute the sa(e with reat #ro(#tness= care and accuracy= in a wor1(an li1e (anner to the satisfaction of the Railway and will co(#lete the sa(e on or .efore the res#ecti?e dates s#ecified therein in accordance with the said s#ecifications and said drawin s :if any; and said conditions of contract and will o.ser?e= fulfill and 1ee# all the conditions therein (entioned= :which shall .e dee(ed and ta1en to .e #art of this contract as if the sa(e had .een duly set forth herein;= AA$ the Railway .oth here3.y a ree that if the Contractor shall duly #erfor( the said wor1 in the (anner aforesaid and o.ser?e and 1ee# the said ter(s and conditions= the Railway will #ay or cause to .e #aid to the Contractor for the said wor1s on the co(#letion thereof the a(ount due in res#ect thereof at the rates s#ecified a.o?e!
Contractor TTTTTTTTTTTTTTT Address TTTTTTTTTTTTTTTTT $ate TTTTTTTTTTTTTTTT 0itnesses :to si nature of contractor; 4 Si nature of witnesses with address $ate TTTTTTTTTT
$esi nation TTTTTTTTTTT Railway :&or President of India;
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
Si nature of witnesses with address $ate TTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
Pa e 1"
ANNEXURE - III .OR6 ORDER UNDER FONE CONTRACT

0ORU OR$,R AO!TTTTTTTTT= $A',$ TTTTTTTT 6A$,R COA'RAC' AGR,,-,A' AO!TTTTTT TTTTTTTTTTTTTTTTTTT= $A',$ TTTTTTTTT! Aa(e Of 0or1 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT :S I ' ,; TTTTTTTTTTTTTTTTTTTTT Schedule Of $rawin s TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Authority TTTTTTTTTTTTTTTTTTTTTTTTTTTT Allocation TTTTTTTTTTTTTTTTTTTTTTTTT
'he Contractor:s; TTTTTTTTTTTTTTTTTTTTTTTTTTTT is D are here.y ordered to carry out the followin wor1s atTTTTTTTTO a.o?eD.elow the Schedule Of Rates of TTTTTTTTRailway corrected u#to latest Correction Sli#s of TTTTTTTTTTT $i?ision under 5one Contract A ree(ent here3in3.efore referred to 4 Ite( Ao! 2 A##ro2i(ate Huantity * Rates In &i ures And 0ords :Rs!; " A(ount :Rs!; %
S> 1
$escri#tion Of Ite( Of 0or1 3
6nit +
'otal A##ro2i(ate 7alue Of 0or1 V Rs! TTTTTTTTTTTT
W 'his should .e rate of $i?ision concerned!

'he wor1s herein (entioned are reFuired to .e co(#leted on or .efore TTTTTTTT :$ate;! 'he Fuantities #ro?ided herein are a##ro2i(ate and su.Bect to ?ariation under Clause *2 of the General Conditions of Contract corrected u#to latest Correction Sli#s!
$i?isional Railway -ana erD$i?isional TTTTTTTTTT ,n ineer TTTTTTTTTTTTTTT $i?ision TTTTTTTTTTTTTTTTTT Railway $ate TTTTTTTTTTT for President OfIndia
Pa e 1%
I a ree to co(#lete the wor1s herein set forth on or .efore the date s#ecified under the 5one Contract A ree(ent herein .efore referred to in confor(ity with the drawin s hereto anne2ed and in accordance with the General and S#ecial :if any; Conditions of Contract corrected u#to latest Correction Sli#s and the Standard S#ecifications of TTTTTTTTT Railway with u#3to3date Correction Sli#s! I also a ree to (aintain such wor1s for the #eriod s#ecified .elow fro( the date of co(#letion 4 :a; :.; Re#air and (aintenance wor1 includin (onths fro( date of co(#letion! whiteDcolour washin 4 three calendar
All new wor1s e2ce#t earth wor1 4 Si2 calendar (onths fro( date of co(#letion!
Contractor TTTTTTTTTTTTTTT :Si nature;
Railway 4 $esi nation TTTTTTTTTTTTT :&or President of India;
Address TTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTT $ate TTTTTTTTTTTTT $ate TTTTTTTTTTTTT
Si nature of .'!#e**e* :to Si nature of contractor; with address 1! TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTT
.'!#e**e* 4
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
2!
TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTT
Pa e 1)
ANNEXURE - I0 @@@@@@@@@@@ RAIL.AA CONTRACT AGREE&ENT OF .OR6S
COA'RAC' AGR,,-,A' AO! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT $A',$ TTTTTTTTTTT
AR'IC>,S O& AGR,,-,A' (ade this TTTTTTTTT day of TTTTTTTTT 20TTT .etween President of India actin throu h the Railway Ad(inistration hereafter called the IRailwayI of the one #art and TTTTTTTTTTTTTTTTTTTTTTTTTTTherein after called the IContractorI of other #art! 0<,R,AS the Contractor has a reed with the Railway for #erfor(ance of the wor1s TTTTTTTTTTTTTTTTTTTTT set forth in the Schedule hereto anne2ed u#on the General Conditions of Contract 2010 corrected u#to latest Correction Sli#s and the S#ecifications of TTTTTTTTTTTTT Railway corrected u#to the latest Correction Sli#s and the Schedule of Rates of TTTTTTTTTTT Railway= corrected u#to latest Correction Sli#s and the S#ecial Conditions and S#ecial S#ecifications= if any and in confor(ity with the drawin s here3into anne2ed AA$ 0<,R,AS the #erfor(ance of the said wor1s is an act in which the #u.lic are interested! AO0 '<IS IA$,A'6R, 0I'A,SS,'< that in consideration to the #ay(ents to .e (ade .y the Railways= the Contractors will duly #erfor( the said wor1s in the said schedule set forth and shall e2ecute the sa(e with reat #ro(#tness= care and accuracy in a wor1(an li1e (anner to the satisfaction of the Railway and will co(#lete the sa(e in accordance with the said s#ecifications and said drawin s and said conditions of contract on or .efore the TTTTTT day of TTTTTTTTTTT 20TTT and will (aintain the said wor1s for a #eriod of TTTTTTTTCalendar (onths fro( the certified date of their co(#letion and will o.ser?e= fulfill and 1ee# all the conditions therein (entioned :which shall .e dee(ed and ta1en to .e #art of this contract= as if the sa(e ha?e .een fully set forth herein;= AA$ the Railway= .oth here.y a ree that if the Contractor shall duly #erfor( the said wor1s in the (anner aforesaid and o.ser?e and 1ee# the said ter(s and conditions= the Railway will #ay or cause to .e #aid to the Contractor for the said wor1s on the final co(#letion thereof the a(ount due in res#ect thereof at the rates s#ecified in the Schedule hereto anne2ed! Contractor TTTTTTTTTTTTTTT :Si nature; Railway 4 $esi nation TTTTTTTTTTTTT :&or President of India; Address TTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTT $ate TTTTTTTTTTTTT $ate TTTTTTTTTTTTT
Si nature of .'!#e**e* :to Si nature of contractor; with address 4 TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTT
.'!#e**e* 4
Pa e 1/
ANNEXURE-0 .OR6 ORDER FOR .OR6S :7alued at o?er Rs! 2=00=00;
0ORU OR$,R AO!TTTTTTTTT= $A',$ TTTTTTTT 6A$,R COA'RAC' AGR,,-,A' AO!TTTTTT TTTTTTTTTTTTTTTTTTT= $A',$ TTTTTTTTT! Aa(e Of 0or1 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT :S I ' ,; TTTTTTTTTTTTTTTTTTTTT Schedule Of $rawin s TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Authority TTTTTTTTTTTTTTTTTTTTTTTTTTTT Allocation TTTTTTTTTTTTTTTTTTTTTTTTT
-r! D -essers TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT ContractorDContractors ha?in a reed with the Railway isDare here.y ordered to carry out the 0or1s set forth in the schedule .elow in accordance with the General Conditions of Contract corrected u#to latest Correction Sli#s and the Standard S#ecifications of TTTTTTTTT Railway corrected u#to latest Correction Sli#s= the Schedule of Rates= corrected u#to latest Correction Sli#s and S#ecial Conditions and S#ecial S#ecifications= if any and inconfor(ity with drawin s anne2ed hereto at the rates s#ecified in the said= Schedule and to co(#lete the sa(e on or .efore the TTTT day of TTTTTTTTTT 20TTT and (aintain the said wor1s for the #eriod of TTTTTTTTTTTTT fro( the certified date of co(#letion! 'he Fuantities set forth in the said schedule shall .e considered a##ro2i(ate and su.Bect to ?ariation under Clause *2 of General Conditions of Contract!
CONTRACTORGS AGREE&ENT I offer to do the wor1 at the rates entered in the Schedule Of Rates on the re?erse which I ha?e si ned= and I understand that no fi2ed Fuantity of wor1 is i?en to (e to do that in startin wor1! I a( only i?en a #lace to wor1 in or to de#osit (aterials on and that I ha?e no clai( to (ore than one unit of wor1 as entered in the Scheduled Rates! I a ree that all wor1s done and (aterials deli?ered shall .e su.Bect to the a##ro?al of the ,n ineer in Char e= who (ay reBect and decline to #ay for whate?er (ay .e= in his o#inion= inferior or defecti?e or either and I a ree that the Standard S#ecifications corrected u#to latest Correction Sli#s of TTTTTTTTT Railway in so far as they are not o?er3ruled .y ite(s of this a ree(ent= shall .e dee(ed #art of this a ree(ent! I a ree that no wor1 under this wor1 order shall .e assi ned or su.let without the #re?ious written a##ro?al of the TTTTTTTTTTT ,n ineer! I a ree that (y wor1 (ay .e sto##ed at any ti(e .y the TTTTTTTTTT ,n ineer on his i?in (e or (y a ent on the wor1s se?en days8 notice in writin and I a ree that the (easure(ent of (y wor1s shall .e (ade .y the ,n ineer at any ti(e a##ointed .y hi( in writin su.seFuent to the e2#iry of the said notice and (easure(ent shall .e (ade .y hi( at the said ti(e whether I a( #resent or not and that on #ay(ent for wor1 done and a##ro?ed (aterials deli?ered3at site of wor1 as ascertained .y the said (easure(ent= I shall ha?e no further clai( a ainst the Railway and I a ree that any dis#ute arisen on (atters connected with this a ree(ent= the sa(e shall .e referred to a #erson to .e no(inated in this .ehalf .y the TTTTTTTTTTTTTT for the ti(e .ein of the Railway= whose decision in writin shall .e final and .indin on .oth #arties!
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I a ree that any clai( I ha?e to (a1e shall .e (ade in writin within se?en days of date of (easure(ent ta1en .y the ,n ineer as aforesaid and that any clai(s in res#ect of such (easure(ent (ade (ore than se?en days after ta1in of such (easure(ent shall .e dee(ed to ha?e wai?ed .y (e! I a ree to inde(nify the Railway a ainst any clai(s which (ay .e (ade under 0or1(enEs Co(#ensation Act= 1/23! 0itness Aa(e TTTTTTTTTTTTTTTTTTTTTT Address TTTTTTTTTTTTTTTTTTTTTTTT Contractor TTTTTTTTTTTTTTTTTTTTTT Aa(e TTTTTTTTTTTTTTTTTTTTTTTTTT Address TTTTTTTTTTTTTTTTTTTTTTTTT
Aote
3 If the a ree(ent is for a wor1 for which a S#ecial Act of the >e islature e2ists= e! ! the Indian -ines Act= the a ree(ent shall include a clause inde(nifyin the Railway a ainst all clai(s arisin of #ro?ision of such Act!
I a ree to #ay the rates at TTTTTTTTTTTTTTTTTT O a.o?eD.elow Schedule of rates as a##lica.le to TTTTTTTTTTTTTTTTTTTT $i?ision set forth in the schedule of rates herein for finished and a##ro?ed wor1! TTTTTTTTTTTTTTTTTTTT ,n ineer TTTTTTTTTTTTTTTTTTTT $i?ision TTTTTTTTTTTTTTTTTTTTT Railway &or President Of India $ate TTTTTTTTTTTTTTTT ID0e a ree to co(#lete the wor1s herein set forth on or .efore the date s#ecified herein and to (aintain the sa(e for a #eriod of TTTTTTTTTTTTTT Calendar (onths fro( the certified date of their co(#letion and in confor(ity with the docu(ent herein referred to= and all the condition therein (entioned shall .e dee(ed and ta1en to .e #art of this contract as if the sa(e had .een fully set forth therein!
Si nature of witnesses with addresses= to Si nature of Contractor
Contractor 4 TTTTTTTTTTTTTTTTTTTTTTT Address 4 TTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTT $ate 4 TTTTTTTTTTTTTTTTT
1! TTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTT
2! TTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTT
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ANNEXURE - 0I
.OR6 ORDER FOR .OR6S

TTTTTTTTTTTTTTTT $i?ision
0ORU OR$,R TTTTTTTTT
AO!TTTTTTTTTTT
Ori inalD$u#licateD'ri#licate
Ao!
TTTTTTTTT=
$ated
ID0e will carry out the followin wor1 accordin to the a ree(ent at .ac1!
SC4EDULE OF RATES
Par!' ular*
Ra!e* 2R*73
Per
Re)ar/*
.ITNESS 4 Aa(e TTTTTTTTTTTTTTTTTTTTT Address TTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTT
CONTRACTOR 4 Aa(e TTTTTTTTTTTTTTTTTTTT Address TTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTT
I a ree to #ay the a.o?e (entioned rates for finished and a##ro?ed wor1!
$ated TTTTTTTTTTTTTTT
E#"'#eer TTTTTTTTTTTTTTTTTT
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PART II STANDARD GENERAL CONDITIONS OF CONTRACT

FOR USE IN CONNECTION .IT4 .OR6S CONTRACTS DEFINITIONS AND INTERPRETATION
17 213 De('#'!'+#* , In these General Conditions of Contract= the followin ter(s shall ha?e the (eanin assi ned hereunder e2ce#t where the conte2t otherwise reFuires 4 :a; IRailwayI shall (ean the President of the Re#u.lic of India or the Ad(inistrati?e Officers of the Railway or of the Successor Railway authorised to deal with any (atters which these #resents are concerned on his .ehalf! IGeneral -ana erI shall (ean the Officer in3char e of the General Su#erintendence and Control of the Railway and shall also include the General -ana er :Construction; and shall (ean and include their successors= of the successor Railway! IChief ,n ineerI shall (ean the Officer in3char e of the ,n ineerin $e#art(ent of Railway and shall also include Chief ,n ineer :Construction;= Chief Si nal C 'eleco((unication ,n ineer= Chief Si nal C 'eleco((unication ,n ineer :Construction;= Chief ,lectrical ,n ineer= Chief ,lectrical ,n ineer :Construction; and shall (ean C include their successors= of the Successor Railway! I$i?isional Railway -ana erI shall (ean the Officer in3char e of a $i?ision of the Railway and shall (ean and include the $i?isional Railway -ana er of the Successor Railway! I,n ineerI shall (ean the $i?isional ,n ineer or the ,2ecuti?e ,n ineer= $i?isional Si nal C 'eleco((unication ,n ineer= $i?isional Si nal C 'eleco((unications ,n ineer :Construction;= $i?isional ,lectrical ,n ineer= $i?isional ,lectrical ,n ineer :Construction;= in e2ecuti?e char e of the wor1s and shall include the su#erior officers of the ,n ineerin = Si nal C 'eleco((unication= and ,lectrical $e#art(ents of Railway= i!e! the Senior $i?isional ,n ineerD$e#uty Chief ,n ineer D Chief ,n ineer D Chief ,n ineer :Construction;= Senior $i?isional Si nal C 'eleco((unication ,n ineerD$e#uty Chief Si nal C 'eleco((unication ,n ineerDChief Si nal C 'eleco((unication ,n ineer :Construction;DSenior $i?isional ,lectrical ,n ineerD$e#uty Chief ,lectrical ,n ineerDChief ,lectrical ,n ineer :Construction; and Chief Ad(inistrati?e Officer :Construction; and shall (ean C include the ,n ineer of the Successor Railway! I,n ineerEs Re#resentati?eI shall (ean the Assistant ,n ineer= Assistant Si nal C 'eleco((unication ,n ineer and Assistant ,lectrical ,n ineer in direct char e of the wor1s and shall include any Sr!SectionDJunior ,n ineer of Ci?il ,n ineerin DSi nal and 'eleco((unication ,n ineerin C ,lectrical ,n ineerin $e#art(ents a##ointed .y the Railway and shall (ean and include the ,n ineerEs Re#resentati?e of the Successor Railway! IContractorI shall (ean the PersonD&ir(DCo3o#erati?e Society or Co(#any whether incor#orated or not who enters into the contract with the Railway and shall include their e2ecutors= ad(inistrators= successors and #er(itted assi ns! IContractI shall (ean and include the A ree(ent of 0or1 Order= the acce#ted Schedule of Rates or the Schedule or Rates of Railway (odified .y the tender #ercenta e for ite(s of wor1s Fuantified= or not Fuantified= the General Conditions of
:.;
:c;
:d;
:e;
:f;
: ;
:h;
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Contract= the S#ecial Conditions of Contracts= if anyN the $rawin = the S#ecifications= the S#ecial S#ecifications= if any and 'ender &or(s= if any! :i; :B; I0or1sI shall (ean the wor1s to .e e2ecuted in accordance with the contract! IS#ecificationsI shall (ean the Standard S#ecifications for -aterials C0or1s of Railway as s#ecified .y Railway under the authority of the Chief ,n ineer or as a(#lified= added to or su#erseded .y S#ecial S#ecifications= if any! ISchedule of Rates of RailwayI shall (ean the Schedule of Rates issued under the authority of the Chief ,n ineer fro( ti(e to ti(e! I$rawin I shall (ean the (a#s= drawin s= #lans and tracin s or #rints there of anne2ed to the contract and shall include any (odifications of such drawin s and further drawin s as (ay .e issued .y the ,n ineer fro( ti(e to ti(e! IConstructional PlantI shall (ean all a##liances or thin s of whatsoe?er nature reFuired for the e2ecution= co(#letion or (aintenance of the wor1s or te(#orary wor1s :as hereinafter defined; .ut does not include (aterials or other thin s intended to for( or for(in #art of the #er(anent wor1! I'e(#orary 0or1sI shall (ean all te(#orary wor1s of e?ery 1ind reFuired for the e2ecution co(#letion andDor (aintenance of the wor1s! ISiteI shall (ean the lands and other #laces on= under= in or throu h which the wor1s are to .e carried out and any other lands or #laces #ro?ided .y the Railway for the #ur#ose of the contract! IPeriod of -aintenanceI shall (ean the s#ecified #eriod of (aintenance fro( the date of co(#letion of the wor1s= as certified .y the ,n ineer! the sin ular nu(.er shall also include the
:1; :l;
:(;
:n; :o;
:#;
17223 S'#"ular a#$ Plural , 0ords i(#ortin #lural and ?ice ?ersa where the conte2t reFuires!
17233 4ea$'#"* A#$ &ar"'#al 4ea$'#"* , 'he headin s and (ar inal headin s in these eneral conditions are solely for the #ur#ose of facilitatin reference and shall not .e dee(ed to .e #art thereof or .e ta1en into consideration in the inter#retation or construction thereof or the contract!
GENERAL OHLIGATIONS
27 213 E%e u!'+# C+-Rela!'+# A#$ I#!e#! O( C+#!ra ! D+ u)e#!* 4 'he contract docu(ents shall .e si ned in tri#licate .y the Railway and the Contractor! 'he contract docu(ents are co(#le(entary and what is called for .y anyone shall .e as .indin as if called for .y all= the intention of the docu(ents is to include all la.our and (aterials= eFui#(ents and trans#ortation necessary for #ro#er e2ecution of wor1! -aterials or wor1s not co?ered .y or #ro#erly infera.le fro( any headin or class of the s#ecifications shall not .e su##lied .y the Railway to the contractors unless distinctly s#ecified in the contract docu(ents! -aterials or wor1s descri.ed in words which so a##lied ha?e a well31nown technical or trade (eanin shall .e held to refer to such reco nised standards! 27223 If a wor1 is transferred fro( the Burisdiction of one Railway to another Railway or to a ProBect authority or ?ice ?ersa while contract is in su.sistence= the contract shall .e .indin on the Contractor and the Successor RailwayDProBect in the sa(e (anner C ta1e effect in all res#ects as if the Contractor and the Successor RailwayDProBect were #arties thereto fro( the ince#tion and the corres#ondin officer or the Co(#etent Authority in the Successor RailwayDProBect will e2ercise the sa(e #owers and enBoy the sa(e authority as conferred to the Predecessor RailwayDProBect under the ori inal contractDa ree(ent entered into! 27233 If for ad(inistrati?e or other reasons the contract is transferred to the Successor Railway= the contract shall= notwithstandin any thin s contained herein contrary there to= .e
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.indin on the Contractor and the Successor Railway in the sa(e (anner and ta1e effect in all res#ects as if the Contractor and the Successor Railway had .een #arties thereto fro( the date of this contract! 37213 La= G+Ier#'#" T:e C+#!ra ! , 'he contract shall .e o?erned .y the law for the ti(e .ein in force in the Re#u.lic of India! 37223 C+)-l'a# e T+ Re"ula!'+#* A#$ Hye-La=* , 'he Contractor shall confor( to the #ro?ision of any statute relatin to the wor1s and re ulations and .ye3laws of any local authority and of any water and li htin co(#anies or underta1in s= with whose syste( the wor1 is #ro#osed to .e connected and shall .efore (a1in any ?ariation fro( the drawin s or the s#ecifications that (ay .e necessitated .y so confir(in i?e to the ,n ineer notice s#ecifyin the ?ariation #ro#osed to .e (ade and the reason for (a1in the ?ariation and shall not carry out such ?ariation until he has recei?ed instructions fro( the ,n ineer in res#ect thereof! 'he Contractor shall .e .ound to i?e all notices reFuired .y statute= re ulations or .ye3laws as aforesaid and to #ay all fees and ta2es #aya.le to any authority in res#ect thereof! 87 C+))u#' a!'+#* T+ He I# .r'!'#" , All notices= co((unications= reference and co(#laints (ade .y the Railway or the ,n ineer or the ,n ineerEs Re#resentati?e or the Contractor interse concernin the wor1s shall .e in writin and no notice= co((unication= reference or co(#laint not in writin shall .e reco niMed! 97 SerI' e O( N+!' e* O# C+#!ra !+r* , 'he Contractor shall furnish to the ,n ineer the na(e= desi nation and address of his authoriMed a ent and all co(#laints= notices= co((unications and references shall .e dee(ed to ha?e .een duly i?en to the Contractor= if deli?ered to the Contractor or his authorised a ent or left at or #osted to the address so i?en and shall .e dee(ed to ha?e .een so i?en in the case of #ostin on day on which they would ha?e reached such address in the ordinary course of #ost or on the day on which they were so deli?ered or left! In the case of contract .y #artners= any chan e in the constitution of the fir( shall .e forthwith notified .y the Contractor to the ,n ineer! ;7 O u-a!'+# A#$ U*e O( La#$ , Ao land .elon in to or in the #ossession of the Railway shall .e occu#ied .y the Contractor without the #er(ission of the Railway! 'he Contractor shall not use= or allow to .e used= the site for any #ur#oses other than that of e2ecutin the wor1s! 0hene?er non3railway .odiesD#ersons are #er(itted to use railway #re(ises with co(#etent authority8s a##ro?al= conser?ancy char es as a##lica.le fro( ti(e to ti(e (ay .e le?ied! <7 A**'"#)e#! Or Suble!!'#" O( C+#!ra ! , 'he Contractor shall not assi n or su.let the contract or any #art thereof or allow any #erson to .eco(e interested therein any (anner whatsoe?er without the s#ecial #er(ission in writin of the Railway! Any .reach of this condition shall entitle the Railway to rescind the contract under Clause "2 of these Conditions and also render the contractor lia.le for #ay(ent to the Railway in res#ect of any loss or da(a e arisin or ensuin fro( such cancellation! Pro?ided always that e2ecution of the details of the wor1 .y #etty contractor under the direct and #ersonal su#er?ision of the Contractor or his a ent shall not .e dee(ed to .e su.3lettin under this clause! 'he #er(itted su.lettin of wor1 .y the Contractor shall not esta.lish any contractual relationshi# .etween the su.3contractor and the Railway and shall not relie?e the Contractor of any res#onsi.ility under the Contract! >7 A**'*!a# e Hy Ra'l=ay F+r T:e S!+re* T+ He Ob!a'#e$ Hy T:e C+#!ra !+r , Owin to difficulty in o.tainin certain (aterials :includin 'ools C Plant; in the (ar1et= the Railway (ay ha?e a reed without any lia.ility therefore to endea?our to o.tain or assist the Contractor in o.tainin the reFuired Fuantities of such (aterials as (ay .e s#ecified in the 'ender! In the e?ent of delay or failure in o.tainin the reFuired Fuantities of the aforesaid (aterial= the Contractor shall not .e dee(ed a.sol?ed of his own res#onsi.ility and shall 1ee# in touch with the day to day #osition re ardin their a?aila.ility and accordin ly adBust #ro ress of wor1s includin e(#loy(ent of la.our and the Railway shall not in any way .e lia.le for the
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su##ly of (aterials or for the non3su##ly thereof for any reasons whatsoe?er nor for any loss or da(a e arisin in conseFuence of such delay or non3su##ly! ?7 Ra'l=ay Pa**e* , Ao free Railway #asses shall .e issued .y the Railway to the Contractor or any of his e(#loyeeDwor1er! 107 Carr'a"e O( &a!er'al* , Ao forwardin orders shall .e issued .y the Railway for the con?eyance of ContractorEs (aterials= tools and #lant .y Rail which (ay .e reFuired for use in the wor1s and the contractor shall #ay full frei ht char es at #u.lic tariff rates therefor! 117 U*e O( Halla*! Tra'#* , 'he Railway (ay a ree to allow the Contractor use of the .allast or (aterial trains under such conditions as shall .e s#ecially #rescri.ed= #ro?ided that the Contractor shall #ay for the use thereof char es calculated at #u.lic tariff rates on the (ar1ed carryin ca#acity of each ?ehicle su.Bect to s#ecified (ini(u( char e #er day or #art of day and #ro?ided further that the Contractor shall inde(nify the Railway a ainst any clai(s or da(a es arisin out of the use or (isuse thereof and a ainst any lia.ilities under the 0or1(enEs Co(#ensation Act= 1/23 or any statutory a(end(ents thereto! 127 Re-re*e#!a!'+# O# .+r/* , 'he Contractor shall= when he is not #ersonally #resent on the site of the wor1s #lace and 1ee# a res#onsi.le a ent at the wor1s durin wor1in hours who shall on recei?in reasona.le notice= #resent hi(self to the ,n ineer and orders i?en .y the ,n ineer or the ,n ineerEs re#resentati?e to the a ent shall .e dee(ed to ha?e the sa(e force as if they had .een i?en to the Contractor! @efore a.sentin hi(self= the Contractor shall furnish the na(e and address of his a ent for the #ur#ose of this clause and failure on the #art of the Contractor to co(#ly with this #ro?ision at any ti(e will entitle the Railway to rescind the contract under Clause "2 of these Conditions! 137 Rel' * A#$ Trea*ure* , All old= sil?er= oil and other (inerals of any descri#tion and all #recious stones= coins= treasures relics antiFuities and other si(ilar thin s which shall .e found in or u#on the site shall .e the #ro#erty of the Railway and the Contractor shall duly #reser?e the sa(e to the satisfaction of the Railway and shall fro( ti(e to ti(e deli?er the sa(e to such #erson or #ersons as the Railway (ay a##oint to recei?e the sa(e! 187 E% aIa!e$ &a!er'al , 'he Contractor shall not sell or otherwise dis#ose of or re(o?e e2ce#t for the #ur#ose of this contract= the sand= stone= clay .allast= earth= roc1 or other su.stances or (aterials which (ay .e o.tained fro( any e2ca?ation (ade for the #ur#ose of the wor1s or any .uildin or #roduced u#on the site at the ti(e of deli?ery of the #ossession thereof .ut all the su.stances= (aterials= .uildin s and #roduce shall .e the #ro#erty of the Railway #ro?ided that the Contractor (ay= with the #er(ission of the ,n ineer= use the sa(e for the #ur#ose of the wor1s either free of cost or #ay the cost of the sa(e at such rates as (ay .e deter(ined .y the ,n ineer! 197 I#$e)#'!y Hy C+#!ra !+r* , 'he Contractor shall inde(nify and sa?e har(less the Railway fro( and a ainst all actions= suit #roceedin s losses= costs= da(a es= char es= clai(s and de(ands of e?ery nature and descri#tion .rou ht or reco?ered a ainst the Railways .y reason of any act or o(ission of the Contractor= his a ents or e(#loyees= in the e2ecution of the wor1s or in his uardin of the sa(e! All su(s #aya.le .y way of co(#ensation under any of these conditions shall .e considered as reasona.le co(#ensation to .e a##lied to the actual loss or da(a e sustained= and whether or not any da(a e shall ha?e .een sustained! 1;7213 Se ur'!y De-+*'! , 'he ,arnest -oney de#osited .y the Contractor with his tender will .e retained .y the Railways as #art of security for the due and faithful fulfill(ent of the contract .y the contractor! 'he .alance to (a1e u# the Security $e#osit= the rates for which are i?en .elow= (ay .e de#osited .y the Contractor in cash or (ay .e reco?ered .y #ercenta e deduction fro( the ContractorEs Ion accountI .ills! Pro?ided also that in case of defaultin contractor= the Railway (ay retain any a(ount due for #ay(ent to the Contractor on the
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#endin Ion account .illsI so that the a(ounts so retained (ay not e2ceed 10O of the total ?alue of the contract! 1;7223 6nless otherwise s#ecified in the S#ecial Conditions= if any= the Security $e#ositDrate of reco?eryD(ode of reco?ery shall .e as under 4 :a; :.; :c; Security $e#osit for each wor1 should .e +O of the contract ?alue= 'he rate of reco?ery should .e at the rate of 10O of the .ill a(ount till the full Security $e#osit is reco?ered= Security $e#osits will .e reco?ered only fro( the runnin .ills of the contract and no other (ode of collectin S$ such as S$ in the for( of instru(ents li1e @G :e2ce#t Aote :ii; .elow;N &$ etc! shall .e acce#ted towards Security $e#osit!
Security $e#osit shall .e returned to the contractor after the e2#iry of the (aintenance #eriod in all the cases other than Aote :i; (entioned .elow and after #assin the final .ill .ased on Ao Clai( Certificate with the a##ro?al of the Co(#etent Authority! 'he Co(#etent Authority shall nor(ally .e the authority who is co(#etent to si n the contract! If this Co(#etent Authority is of the ran1 lower than JA Grade= then a JA Grade Officer :concerned with the wor1; should issue the certificate! 'he certificate= inter alia= should (ention that the wor1 has .een co(#leted in all res#ects and that all the contractual o.li ations ha?e .een fulfilled .y the contractor and that there is no due fro( the contractor to Railways a ainst the contract concerned! @efore releasin the S$= an unconditional and uneFui?ocal QAo Clai( Certificate8 fro( the contractor concerned should .e o.tained! N+!e :i; After the wor1 is #hysically co(#leted= Security $e#osit reco?ered fro( the runnin .ills of a contractor can .e returned to hi(= if he so desires= in lieu of &$RDirre?oca.le @an1 Guarantee for eFui?alent a(ount to .e su.(itted .y hi(! In case of contracts of ?alue Rs! +0 crore and a.o?e= irre?oca.le @an1 Guarantee can also .e acce#ted as a (ode of o.tainin security de#osit!
:ii;
1;7233 Ao interest will .e #aya.le u#on the ,arnest -oney and Security $e#osit or a(ounts #aya.le to the Contractor under the Contract= .ut Go?ern(ent Securities de#osited in ter(s of Su.3Clause :1; of this clause will .e #aya.le with interest accrued thereon! 1;7283 Per(+r)a# e Guara#!ee 'he #rocedure for o.tainin Perfor(ance Guarantee is outlined .elow 4 :a; 'he successful .idder shall ha?e to su.(it a Perfor(ance Guarantee :PG; within 30 :thirty; days fro( the date of issue of >etter Of Acce#tance :>OA;! ,2tension of ti(e for su.(ission of PG .eyond 30 :thirty; days and u#to "0 days fro( the date of issue of >OA (ay .e i?en .y the Authority who is co(#etent to si n the contract a ree(ent! <owe?er= a #enal interest of 1+O #er annu( shall .e char ed for the delay .eyond 30 :thirty; days= i!e! fro( 31st day after the date of issue of >OA! In case the contractor fails to su.(it the reFuisite PG e?en after "0 days fro( the date of issue of >OA= the contract shall .e ter(inated duly forfeitin ,-$ and other dues= if any #aya.le a ainst that contract! 'he failed contractor shall .e de.arred fro( #artici#atin in re3tender for that wor1! 'he successful .idder shall su.(it the Perfor(ance Guarantee :PG; in any of the followin for(s= a(ountin to +O of the contract ?alue4 A de#osit of CashN Irre?oca.le @an1 GuaranteeN Go?ern(ent Securities includin State >oan @onds at +O .elow the (ar1et ?alueN $e#osit Recei#ts= Pay Orders= $e(and $rafts and Guarantee @onds! 'hese for(s of Pa e 2%
:.; :i; :ii; :iii; :i?;
Perfor(ance Guarantee could .e either of the State @an1 of India or of any of the AationaliMed @an1sN :?; :?i; Guarantee @onds e2ecuted or $e#osits Recei#ts tendered .y all Scheduled @an1sN A $e#osit in the Post Office Sa?in @an1N
:?ii; A $e#osit in the Aational Sa?in s CertificatesN :?iii; 'wel?e years Aational $efence CertificatesN :i2; :2; :2i; 'en years $efence $e#ositsN Aational $efence @onds and 6nit 'rust Certificates at +O .elow (ar1et ?alue or at the face ?alue whiche?er is less! Also= &$R in fa?our of &ACCAO :free fro( any encu(.rance; (ay .e acce#ted!
N+!e - 'he instru(ents as listed a.o?e will also .e acce#ta.le for Guarantees in case of -o.iliMation Ad?ance! :c; 'he Perfor(ance Guarantee shall .e su.(itted .y the successful .idder after the >etter Of Acce#tance :>OA; has .een issued= .ut .efore si nin of the contract a ree(ent! 'his P!G! shall .e initially ?alid u#to the sti#ulated date of co(#letion #lus "0 days .eyond that! In case= the ti(e for co(#letion of wor1 ets e2tended= the contractor shall et the ?alidity of P!G! e2tended to co?er such e2tended ti(e for co(#letion of wor1 #lus "0 days! 'he ?alue of PG to .e su.(itted .y the= contractor will not chan e for ?ariation u#to 2+O :either increase or decrease;! In case durin the course of e2ecution= ?alue of the contract increases .y (ore than 2+O of the ori inal contract ?alue= an additional Perfor(ance Guarantee a(ountin to +O :fi?e #ercent; for the e2cess ?alue o?er the ori inal contract ?alue shall .e de#osited .y the contractor! 'he Perfor(ance Guarantee :PG; shall .e released after #hysical co(#letion of the wor1 .ased on ECo(#letion CertificateE issued .y the co(#etent authority statin that the contractor has co(#leted the wor1 in all res#ects satisfactorily! 'he Security $e#osit shall= howe?er= .e released only after e2#iry of the (aintenance #eriod and after #assin the final .i II .ased on EAo Clai( CertificateE fro( the contractor! 0hene?er the contract is rescinded= the Security $e#osit shall .e forfeited and the Perfor(ance Guarantee shall .e encashed! 'he .alance wor1 shall .e ot done inde#endently without ris1 C cost of the failed contractor! 'he failed contractor shall .e de.arred fro( #artici#atin in the tender for e2ecutin the .alance wor1! If the failed contractor is a J7 or a Partnershi# fir(= then e?ery (e(.erD#artner of such a fir( shall .e de.arred fro( #artici#atin in the tender for the .alance wor1 in hisDher indi?idual ca#acity or as a #artner of any other J7 D#artnershi# fir(! 'he en ineer shall not (a1e a clai( under the Perfor(ance Guarantee e2ce#t for a(ounts to which the President of India is entitled under the contract :not withstandin andDor without #reBudice to any other #ro?isions in the contract a ree(ent; in the e?ent of 4 &ailure .y the contractor to e2tend the ?alidity of the Perfor(ance Guarantee as descri.ed herein a.o?e= in which e?ent the ,n ineer (ay clai( the full a(ount of the Perfor(ance Guarantee! &ailure .y the contractor to #ay President of India any a(ount due= either as a reed .y the contractor or deter(ined under any of the ClausesDConditions of the A ree(ent= within 30 days of the ser?ice of notice to this effect .y ,n ineer! 'he Contract .ein deter(ined or rescinded under #ro?ision of the GCC= the Perfor(ance Guarantee shall .e forfeited in full and shall .e a.solutely at the dis#osal of the President of India!
:d;
:e;
:f;
: ;
:i;
:ii;
:iii;
RRef! 4 Ite(3l to Railway @oardEs letter no! 200%DC,!IDC'D1) Pt!KII= dated 31!12!2010S
Pa e 2)
1<7 F+r e &ajeure Clau*e , If at any ti(e= durin the continuance of this contract= the #erfor(ance in whole or in #art .y either #arty of any o.li ation under this contract shall .e #re?ented or delayed .y reason of any war= hostility= acts of #u.lic ene(y= ci?il co((otion= sa.ota e= serious loss or da(a e .y fire= e2#losions= e#ide(ics= stri1es= loc1outs or acts of God :hereinafter= referred to e?ents; #ro?ided= notice of the ha##enin of any such e?ent is i?en .y either #arty to the other within 30 days fro( the date of occurrence thereof= neither #arty shall .y reason of such e?ent= .e entitled to ter(inate this contract nor shall either #arty ha?e any clai( for da(a es a ainst the other in res#ect of such non3#erfor(ance of delay in #erfor(ance= and wor1s under the contract shall .e resu(ed as soon as #ractica.le after such e?ent has co(e to an end or ceased to e2ist= and the decision of the ,n ineer as to whether the wor1s ha?e .een so resu(ed or not shall .e final and conclusi?e= PRO7I$,$ &6R'<,R that if the #erfor(ance in whole or in #art of any o.li ation under this contract is #re?ented or delayed .y reason of any such e?ent for a #eriod e2ceedin 120 days= either #arty (ay at its o#tion ter(inate the contract .y i?in notice to the other #arty! 1<EA Su.Bect to any reFuire(ent in the contract as to co(#letion of any #ortions or #ortions of the wor1s .efore co(#letion of the whole= the contractor shall fully and finally co(#lete the whole of the wor1s co(#rised in the contract :with such (odifications as (ay .e directed under conditions of this contract; .y the date entered in the contract or e2tended date in ter(s of the followin clauses4 :i; If any (odifications ha?e .een ordered which in the o#inion of the ,n ineer ha?e (aterially increased the (a nitude of the wor1= then such e2tension of the contracted date of co(#letion (ay .e ranted as shall a##ear to the ,n ineer to .e reasona.le in the circu(stances= #ro?ided (oreo?er that the Contractor shall .e res#onsi.le for reFuestin such e2tension of the date as (ay .e considered necessary as soon as the cause thereof shall arise and in any case not less than one (onth .efore the e2#iry of the date fi2ed for co(#letion of the wor1s! If in the o#inion of the ,n ineer= the #ro ress of wor1 has any ti(e .een delayed .y any act or ne lect of RailwayEs e(#loyees or .y other contractor e(#loyed .y the Railway under Su.3Clause :*; of Clause 20 of these Conditions or in e2ecutin the wor1 not for(in #art of the contract .ut on which contractorEs #erfor(ance necessarily de#ends or .y reason of #roceedin ta1en or threatened .y or dis#ute with adBoinin or to nei h.ourin owners or #u.lic authority arisin otherwise throu h the ContractorEs own default etc! or .y the delay authoriMed .y the ,n ineer #endin ar.itration or in conseFuences of the contractor not ha?in recei?ed in due ti(e necessary instructions fro( the Railway for which he shall ha?e s#ecially a##lied in writin to the ,n ineer or his authoriMed re#resentati?e then u#on ha##enin of any such e?ent causin delay= the Contractor shall i((ediately i?e notice thereof in writin to the ,n ineer within 1+ days of such ha##enin = .ut shall ne?ertheless (a1e constantly his .est endea?ours to .rin down or (a1e ood the delay and shall do all that (ay .e reasona.ly reFuired of hi( to the satisfaction of the ,n ineer to #roceed with the wor1s! 'he contractor (ay also indicate the #eriod for which the wor1 is li1ely to .e delayed and shall .e .ound to as1 for necessary e2tension of ti(e! 'he ,n ineer on recei#t of such reFuest fro( the contractor shall consider the sa(e and shall rant such e2tension of ti(e as in his o#inion is reasona.le ha?in re ard to the nature and #eriod of delay and the ty#e and Fuantu( of wor1 affected there.y! Ao other co(#ensation shall .e #aya.le for wor1s so carried forward to the e2tended #eriod of ti(e= the sa(e rates= ter(s and conditions of contract .ein a##lica.le as if such e2tended #eriod of ti(e was ori inally #ro?ided in the ori inal contract itself! In the e?ent of any failure or delay .y the Railway to hand o?er the Contractor #ossession of the lands necessary for the e2ecution of the wor1s or to i?e the necessary notice to co((ence the wor1s or to #ro?ide the necessary drawin s or instructions or any other delay caused .y the Railway due to any other cause whatsoe?er= then such failure or delay shall in no way affect or ?itiate the contract or alter the character thereof or entitle the contractor to da(a es or co(#ensation
:ii;
:iii;
Pa e 2/
therefor= .ut in any such case= the Railway (ay rant such e2tension or e2tensions of the co(#letion date as (ay .e considered reasona.le! 1<-H E%!e#*'+# O( T')e F+r Delay Due T+ C+#!ra !+r , 'he ti(e for the e2ecution of the wor1 or #art of the wor1s s#ecified in the contract docu(ents shall .e dee(ed to .e the essence of the contract and the wor1s (ust .e co(#leted not later than the date:s; as s#ecified in the contract! If the contractor fails to co(#lete the wor1s within the ti(e as s#ecified in the contract for the reasons other than the reasons s#ecified in Clause 1% and 1%3A= the Railway (ay= if satisfied that the wor1s can .e co(#leted .y the contractor within reasona.le short ti(e thereafter= allow the contractor for further e2tension of ti(e :Perfor(a Anne2ure37II; as the ,n ineer (ay decide! On such e2tension the Railway will .e entitled without #reBudice to any other ri ht and re(edy a?aila.le on that .ehalf= to reco?er fro( the contractor as a reed da(a es and not .y way of #enalty a su( eFui?alent to P of 1O of the contract ?alue of the wor1s for each wee1 or #art of the wee1! &or the #ur#ose of this Clause= the contract ?alue of the wor1s shall .e ta1en as ?alue of wor1 as #er contract a ree(ent includin any su##le(entary wor1 orderDcontract a ree(ent issued! Pro?ided also= that the total a(ount of liFuidated da(a es under this condition= shall not e2ceed the under noted #ercenta e ?alue or of the total ?alue of the ite( or rou#s of ite(s of wor1 for which a se#arate distinct co(#letion #eriod is s#ecified in the contract! :i; :ii; &or contract ?alue u#to Rs! 2 la1h &or contracts ?alued a.o?e Rs! 2 la1h 3 3 10O of total ?alue of the contract 10O of first Rs!2 la1h and +O of .alance
&urther= co(#etent authority while rantin e2tension to the currency of contract under Clause 1% :@; of GCC (ay also consider le?y of to1en #enalty= as dee(ed fit .ased on the (erit of the case! Pro?ided further= that if the Railway is not satisfied that the wor1s can .e co(#leted .y the Contractor and in the e?ent of failure on the #art of the contractor to co(#lete the wor1 within further e2tension of ti(e allowed as aforesaid= the Railway shall .e entitled without #reBudice to any other ri ht or re(edy a?aila.le in that .ehalf= to a##ro#riate the contractorEs Security $e#osit and rescind the contract under Clause "2 of these Conditions= whether or not actual da(a e is caused .y such default! 1>7213 Ille"al Gra!'(' a!'+# , Any .ri.e= co((ission= ift or ad?anta e i?en= #ro(ised or offered .y or on .ehalf to the Contractor or his #artner= a ent or ser?ant or= anyone on his .ehalf= to any officer or e(#loyee of the Railway= or to any #erson on his .ehalf in relation to o.tainin or e2ecution of this or any other contract with the Railway shall= in addition to any cri(inal lia.ility which he (ay incur= su.Bect contractor to the rescission of the contract and all other contracts with the Railway and to the #ay(ent of any loss or da(a e resultin fro( such decision and the Railway shall .e entitled to deduct the a(ounts so #aya.le fro( any (oneys due to the Contractor:s; under this contract or any other contracts with the Railway! 1>7223 'he Contractor shall not lend or .orrow fro( or ha?e or enter into any (onitory dealin s or transactions either directly or indirectly with any e(#loyee of the Railway and if he shall do so= the Railway shall .e entitled forthwith to rescind the contract and all other contracts with the Railway! Any Fuestion or dis#ute as to the co((ission or any such offence or co(#ensation #aya.le to the Railway under this Clause shall .e settled .y the General -ana er of the Railway= in such a (anner as he shall consider fit C sufficient and his decision shall .e final C conclusi?e! In the e?ent of rescission of the contract under this Clause= the Contractor will not .e #aid any co(#ensation whatsoe?er e2ce#t #ay(ents for the wor1 done u#to the date of rescission!
EXECUTION OF .OR6S
1?7213 C+#!ra !+rG* U#$er*!a#$'#" , It is understood and a reed that the Contractor has= .y careful e2a(ination= satisfied hi(self as to the nature and location of the wor1= the
Pa e 30
confor(ation of the round= the character= Fuality and Fuantity of the (aterials to .e encountered= the character of eFui#(ent and facilities needed #reli(inary to and durin the #ro ress of the wor1s= the eneral and local conditions= the la.our conditions #re?ailin therein and all other (atters which can in any way affect the wor1s under the contract! 1?7223 C+))e# e)e#! O( .+r/* , 'he Contractor shall co((ence the wor1s within 1+ days after the recei#t .y hi( of an order in writin to this effect fro( the ,n ineer and shall #roceed with the sa(e with due e2#edition and without delay 1?7233 A e-!e$ Pr+"ra))e O( .+r/ , 'he Contractor who has .een awarded the wor1 shall as soon as #ossi.le .ut not later than 30 days after the date of recei#t of the acce#tance letter in res#ect of contracts with initial co(#letion #eriod of two years or less or not later than /0 days for other contracts ha?e to su.(it the detailed #ro ra((e of wor1 indicatin the ti(e schedule of ?arious ite(s of wor1s in the for( of @ar ChartDP,R'DCP-! <e shall also su.(it the details of or anisation :in ter(s of la.our and su#er?isors; #lant and (achinery that he intends to utiliMe :fro( ti(e to ti(e; for e2ecution of the wor1 within sti#ulated date of co(#letion! 'he #ro ra((e of wor1 a(ended as necessary .y discussions with the ,n ineer= shall .e treated as the a reed #ro ra((e of the wor1 for the #ur#ose of this contract and the contractor shall endea?our to fulfill this #ro ra((e of wor1! 'he #ro ress of wor1 will .e watched accordin ly and the liFuidated da(a es will .e with reference to the o?erall co(#letion date! Aothin stated herein shall #reclude the contractor in achie?in earlier co(#letion of ite( or whole of the wor1s than indicated in the #ro ra((e! 1?7283 Se!!'#" Ou! O( .+r/* , 'he Contractor shall .e res#onsi.le for the correct settin out of all wor1s in relation to ori inal #oints= lines and le?els of reference at his cost! 'he Contractor shall e2ecute the wor1 true to ali n(ent= rade= le?els and di(ensions as shown in the drawin and as directed .y the ,n ineerEs re#resentati?e and shall chec1 these at freFuent inter?als! 'he Contractor shall #ro?ide all facilities li1e la.our and instru(ents and shall co3 o#erate with the ,n ineerEs re#resentati?e to chec1 all ali n(ent= rades= le?els and di(ensions! If= at any ti(e= durin the #ro ress of the wor1s any error shall a##ear or arise in any #art of the wor1= the Contractor= on .ein reFuired so to do .y the ,n ineerEs re#resentati?e shall= at his own cost rectify such errors= to the satisfaction of the ,n ineerEs re#resentati?e! Such chec1in shall not a.sol?e the Contractor of his own res#onsi.ility of (aintainin accuracy in the wor1! 'he Contractor shall carefully #rotect and #reser?e all .ench (ar1s= si ht rails= #e s and other thin s used in settin out the wor1! 207213 C+)-l'a# e T+ E#"'#eer* I#*!ru !'+#* , 'he ,n ineer shall direct the order in which the se?eral #arts of the wor1s shall .e e2ecuted and the Contractor shall e2ecute without delay all orders i?en .y the ,n ineer fro( ti(e to ti(eN .ut the Contractor shall not .e relie?ed there.y fro( res#onsi.ility for the due #erfor(ance of the wor1s in all res#ects! 207223 Al!era!'+#* T+ He Au!:+r'Je$ , Ao alterations in or additions to or o(issions or a.andon(ent of any #art of the wor1s shall .e dee(ed authorised= e2ce#t under instructions fro( the ,n ineer= and the Contractor shall .e res#onsi.le to o.tain such instructions in each and e?ery case in writin fro( the ,n ineer! 207233 E%!ra .+r/* , Should wor1s o?er and a.o?e those included in the contract reFuire to .e e2ecuted at the site= the contractor shall ha?e no ri ht to .e entrusted with the e2ecution of such wor1s which (ay .e carried out .y another contractor or contractors or .y other (eans at the o#tion of the Railway! 207283 Se-ara!e C+#!ra !* I# C+##e !'+# .'!: .+r/* , 'he Railway shall ha?e the ri ht to let other contracts in connection with the wor1s! 'he Contractor shall afford other contractors reasona.le o##ortunity for the stora e of their (aterials and the e2ecution of their wor1s and shall #ro#erly connect and coordinate his wor1 with theirs! If any #art of the Contractors wor1 de#ends for #ro#er e2ecution or result u#on the wor1 of another contractor:s;= the Contractor shall ins#ect and #ro(#tly re#ort to the ,n ineer any defects in such wor1s that render it
Pa e 31
unsuita.le for such #ro#er e2ecution and results! 'he ContractorEs failure so3to ins#ect and re#ort shall constitute an acce#tance of the other contractorEs wor1 as fit and #ro#er for the rece#tion of his wor1= e2ce#t as to defects which (ay de?elo# in the other contractorEs wor1 after the e2ecution of his wor1! 217 I#*!ru !'+# O( E#"'#eerG* Re-re*e#!a!'Ie , Any instructions or a##ro?al i?en .y the ,n ineerEs re#resentati?e to Contractor in connection with the wor1s shall .ind the Contractor as thou h it had .een i?en .y the ,n ineer #ro?ided always as follows4 :a; &ailure of the ,n ineerEs re#resentati?e to disa##ro?e any wor1 or (aterials shall not #reBudice the #ower of the ,n ineer thereafter to disa##ro?e such wor1 or (aterial and to order the re(o?al or .rea1in u# thereof! If the Contractor shall .e dissatisfied .y reason of any decision of the ,n ineerEs re#resentati?e= he shall .e entitled to refer the (atter to the ,n ineer who shall there u#on confir( or ?ary such decision! of the wor1s shall .e contract! If Contractor s or any of the( and or ensuin therefro(
:.;
227213 A$:ere# e T+ S-e '(' a!'+#* A#$ Dra='#"* , 'he whole e2ecuted in #erfect confor(ity with the s#ecifications and drawin s of the #erfor(s any wor1s in a (anner contrary to the s#ecifications or drawin without such reference to the ,n ineer= he shall .ear all the costs arisin and shall .e res#onsi.le for all loss to the Railway!
227223 Dra='#"* A#$ S-e '(' a!'+#* O( T:e .+r/* , 'he Contractor shall 1ee# one co#y of $rawin s and S#ecifications at the site= in ood order= and such contract docu(ents as (ay .e necessary= a?aila.le to the ,n ineer or the ,n ineerEs Re#resentati?e! 227233 O=#er*:'- O( Dra='#"* A#$ S-e '(' a!'+#* , All $rawin s and S#ecifications and co#ies thereof furnished .y the Railway to the Contractor are dee(ed to .e the #ro#erty of the Railway! 'hey shall not .e used on other wor1s and with the e2ce#tion of the si ned contract set= shall .e returned .y the Contractor to the Railway on co(#letion of the wor1 or ter(ination of the Contract! 227283 C+)-l'a# e .'!: C+#!ra !+rG* ReKue*! F+r De!a'l* , 'he ,n ineer shall furnish with reasona.le #ro(#tness= after recei#t .y hi( of the ContractorEs reFuest for the sa(e= additional instructions .y (eans of drawin s or otherwise= necessary for the #ro#er e2ecution of the wor1s or any #art thereof! All such drawin s and instructions shall .e consistent with the Contract $ocu(ents and reasona.ly infera.le therefro(! 227293 &ea#'#" A#$ I#!e#! O( S-e '(' a!'+# A#$ Dra='#"* , If any a(.i uity arises as to the (eanin and intent of any #ortion of the S#ecifications and $rawin s or as to e2ecution or Fuality of any wor1 or (aterial= or as to the (easure(ents of the wor1s the decision of the ,n ineer thereon shall .e final su.Bect to the a##eal :within % days of such decision .ein inti(ated to the Contractor; to the Chief ,n ineer who shall ha?e the #ower to correct any errors= o(issions= or discre#ancies in afore(entioned ite(s and whose decision in the (atter in dis#ute or dou.t shall .e final and conclusi?e! 237 .+r/'#" Dur'#" N'":! , 'he Contractor shall not carry out any wor1 .etween sun3 set and sun3rise without the #re?ious #er(ission of the ,n ineer! 287 Da)a"e T+ Ra'l=ay Pr+-er!y Or Pr'Ia!e L'(e A#$ Pr+-er!y , 'he Contractor shall .e res#onsi.le for all ris1 to the wor1 and for tres#ass and shall (a1e ood at his on e2#ense all loss or da(a e whether to the wor1s the(sel?es or to any other #ro#erty of the Railway or the li?es= #ersons or #ro#erty of others fro( whatsoe?er cause in connection with the wor1s until they are ta1en o?er .y the Railway and this althou h all reasona.le and #ro#er #recautions (ay ha?e .een ta1en .y the Contractor= and in case the Railway shall .e called u#on to (a1e ood any costs= loss or da(a es= or to #ay any co(#ensation= includin that #aya.le under the #ro?isions of the 0or1(enEs Co(#ensation Act or any statutory a(end(ents
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thereof to any #erson or #ersons sustainin da(a es as aforesaid .y reason of any act= or any ne li ence or o(issions on the #art of the ContractorN the a(ount of any costs or char es includin costs and char es in connection with le al #roceedin s= which the Railway (ay incur in reference thereto= shall .e char ed to the Contractor! 'he Railway shall ha?e the #ower and ri ht to #ay or to defend or co(#ro(ise any clai( of threatened le al #roceedin s or in antici#ation of le al #roceedin s .ein instituted conseFuent on the action or default of the Contractor= to ta1e such ste#s as (ay .e considered necessary or desira.le to ward off or (iti ate the effect of such #roceedin s= char in to Contractor= as aforesaid= any su( or su(s of (oney which (ay .e #aid and any e2#enses whether for reinstate(ent or otherwise which (ay .e incurred and the #ro#riety of any such #ay(ent= defence or co(#ro(ise= and the incurrin of any such e2#enses shall not .e called in Fuestion .y the Contractor! 297 S:e$*1 S!+re* 4+u*e* A#$ Aar$* , 'he Contractor shall at his own e2#ense #ro?ide hi(self with sheds= storehouses and yards in such situations and in such nu(.ers as in the o#inion of the ,n ineer is reFuisite for carryin on the wor1s and the Contractor shall 1ee# at each such sheds= store3houses and yards a sufficient Fuantity of (aterials and #lant in stoc1 as not to delay the carryin out of the wor1s with due e2#edition and the ,n ineer and the ,n ineerEs re#resentati?e shall ha?e free access to the said sheds= store houses and yards at any ti(e for the #ur#ose of ins#ectin the stoc1 of (aterials or #lant so 1e#t in hand= and any (aterials or #lant which the ,n ineer (ay o.Bect to shall not .e .rou ht u#on or used in the wor1s= .ut shall .e forthwith re(o?ed fro( the sheds= store houses or yards .y the Contractor! 'he Contractor shall at his own e2#enses #ro?ide and (aintain suita.le (ortar (ills= soa1in ?ats or any other eFui#(ents necessary for the e2ecution of the wor1s! 2;7 Pr+I'*'+# O( E((' 'e#! A#$ C+)-e!e#! S!a(( A! .+r/ S'!e* Hy T:e C+#!ra !+r ,
2;71 'he Contractor shall #lace and 1ee# on the wor1s at all ti(es efficient and co(#etent staff to i?e the necessary directions to his wor1(en and to see that they e2ecute their wor1 in sound C #ro#er (anner and shall e(#loy only such su#er?isors= wor1(en C la.ourers in or a.out the e2ecution of any of these wor1s as are careful and s1illed in the ?arious trades! 2;72 'he Contractor shall at once re(o?e fro( the wor1s any a ents= #er(itted su.3 contractor= su#er?isor= wor1(an or la.ourer who shall .e o.Bected to .y the ,n ineer and if and whene?er reFuired .y the ,n ineer= he shall su.(it a correct return showin the na(es of all staff and wor1(en e(#loyed .y hi(! 2;73 In the e?ent of the ,n ineer .ein of the o#inion that the Contractor is not e(#loyin on the wor1s a sufficient nu(.er of staff and wor1(en as is necessary for #ro#er co(#letion of the wor1s within the ti(e #rescri.ed= the Contractor shall forthwith on recei?in inti(ation to this effect de#loy the additional nu(.er of staff and la.our as s#ecified .y the ,n ineer within se?en days of .ein so reFuired and failure on the #art of the Contractor to co(#ly with such instructions will entitle the Railway to rescind the contract under Clause "2 of these conditions! 2;A7 De-l+y)e#! O( Dual'('e$ E#"'#eer* A! .+r/ S'!e* Hy T:e C+#!ra !+r ,
2;A71 'he contractor shall also e(#loy Hualified Graduate ,n ineer or Hualified $i#lo(a <older ,n ineer= .ased on ?alue of contract= as (ay .e #rescri.ed .y the -inistry of Railways throu h se#arate instructions fro( ti(e to ti(e! 2;A72 In case the contractor fails to e(#loy the ,n ineer= as aforesaid in Para 2"A!1= he shall .e lia.le to #ay #enalty at the rates= as (ay .e #rescri.ed .y the -inistry of Railways throu h se#arate instructions fro( ti(e to ti(e for the default #eriod for the #ro?isions= as contained in Para 2"A!1! 2;A73 Ao! of Fualified en ineers reFuired to .e de#loyed .y the Contractor for ?arious acti?ities contained in the wor1s contract shall .e s#ecified in the tender docu(ents as Qs#ecial condition of contract8 .y the tender in?itin authority!J
RAuthority 4 Railway @oard8s letter no! 2012DC,3IDC'DOD20= Aew $elhi= $ated 10!0+!2013S
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2<7213 .+r/)a#*:'- A#$ Te*!'#" , 'he whole of the wor1s andDor su##ly of (aterials s#ecified and #ro?ided in the contract or that (ay .e necessary to .e done in order to for( and co(#lete any #art thereof shall .e e2ecuted in the .est and (ost su.stantial wor1(an li1e (anner with (aterials of the .est and (ost a##ro?ed Fuality of their res#ecti?e 1inds= a reea.le to the #articulars contained in or i(#lied .y the s#ecifications and as referred to in and re#resented .y the drawin s or in such other additional #articulars= instructions and drawin s (ay .e found reFuisite to .e i?en durin the carryin on of the wor1s and to the entire satisfaction of the ,n ineer accordin to the instructions and directions which the Contractors (ay fro( ti(e to ti(e recei?e fro( the ,n ineer! 'he (aterials (ay .e su.Bected to tests .y (eans of such (achines= instru(ents and a##liances as the ,n ineer (ay direct and wholly at the e2#ense of the Contractor! 2<7223 :a; :.; :c; Re)+Ial O( I)-r+-er .+r/ A#$ &a!er'al* , 'he ,n ineer or the ,n ineerEs Re#resentati?e shall .e entitled to order fro( ti(e to ti(e4 the re(o?al fro( the site within the ti(e s#ecified in the order of any (aterials which in his o#inion are not in accordance with the s#ecifications or drawin s! the su.stitution of #ro#er and suita.le (aterials= and the re(o?al and #ro#er re3e2ecution= notwithstandin any #re?ious tests thereof or on account #ay(ents therefor= of any wor1 which in res#ect of (aterials or wor1(anshi# is not in his o#inion in accordance with the s#ecifications and in case of default on the #art of the Contractor in carryin out such order= the Railway shall .e entitled to rescind the contract under Clause "2 of these conditions!
2>7 Fa 'l'!'e* F+r I#*-e !'+# , 'he Contractor shall afford the ,n ineer and the ,n ineerEs Re#resentati?e e?ery facility for enterin in and u#on e?ery #ortion of the wor1 at all hours for the #ur#ose of ins#ection or otherwise and shall #ro?ide all la.our= (aterials= #lan1s= ladders= #u(#s= a##liances and thin s of e?ery 1ind reFuired for the #ur#ose and the ,n ineer and the ,n ineerEs Re#resentati?e shall at all ti(es ha?e free access to e?ery #art of the wor1s and to all #laces at which (aterials for the wor1s are stored or .ein #re#ared! 2?7 E%a)'#a!'+# O( .+r/ He(+re C+Ier'#" U- , 'he Contractor shall i?e % days8 notice to the ,n ineer or the ,n ineerEs Re#resentati?e whene?er any wor1 or (aterials are intended to .e co?ered u# in the earth= in .odies or walls or otherwise to .e #laced .eyond the reach of (easure(ents in order that the wor1 (ay .e ins#ected or that correct di(ensions (ay .e ta1en .efore .ein so co?ered= #laced .eyond the reach of (easure(ent in default whereof= the sa(e shall at the o#tion of the ,n ineer or the ,n ineerEs Re#resentati?e .e unco?ered and (easured at the ContractorEs e2#ense or no allowance shall .e (ade for such wor1 or (aterials! 307 Te)-+rary .+r/*, All te(#orary wor1s necessary for the #ro#er e2ecution of the wor1s shall .e #ro?ided and (aintained .y the Contractor and su.Bect to the consent of the ,n ineer shall .e re(o?ed .y hi( at his e2#enses when they are no lon er reFuired and in such (anner as the ,n ineer shall direct! In the e?ent of failure on the #art of the Contractor to re(o?e the te(#orary wor1s= the ,n ineer will cause the( to .e re(o?ed and cost as increased .y su#er?ision and other incidental char es shall .e reco?ered fro( the Contractor! If te(#orary huts are #ro?ided .y the Contractor on the Railway land for la.our en a ed .y hi( for the e2ecution of wor1s= the contractor shall arran e for handin o?er ?acant #ossession of the said land after the wor1 is co(#letedN if the contractorEs la.our refuse to ?acate= and ha?e to .e reBected .y the Railway= necessary e2#enses incurred .y the Railway in connection therewith shall .e .orne .y the Contractor! 317213 C+#!ra !+r T+ Su--ly .a!er F+r .+r/* , 6nless otherwise #ro?ided in the Contract= the Contractor shall .e res#onsi.le for the arran e(ents to o.tain su##ly of water necessary for the wor1s! 317223 .a!er Su--ly Fr+) Ra'l=ay Sy*!e) , 'he Railway (ay su##ly to the Contractor #art or whole of the Fuantity of the water reFuired for the e2ecution of wor1s fro( the RailwayEs
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e2istin water su##ly syste( at or near the site of wor1s on s#ecified ter(s and conditions and at such char es as shall .e deter(ined .y the Railway and #aya.le .y the Contractor= #ro?ided that the Contractor shall arran e= at his own e2#ense= to effect the connections and lay additional #i#e lines and accessories on the site and that the Contractor shall not .e entitled to any co(#ensation for interru#tion of failure of the water su##ly! 317233 .a!er Su--ly Hy Ra'l=ay Tra#*-+r! , In the e?ent of the Railway arran in su##ly of water to the Contractor at or near the site of wor1s .y tra?ellin water tan1s or other (eans= the frei ht and other char es incurred there.y= includin de(urra e char es that (ay .e le?ied= shall .e #aid .y the Contractor in addition to the char es referred to in Su.3Clause :2; of the Clause #ro?ided that the contractor shall not .e entitled to any co(#ensation for interru#tion or failure of the water su##ly! 317283 2a3 C+#!ra !+r T+ Arra#"e Su--ly O( Ele !r' P+=er F+r .+r/* , 6nless otherwise #ro?ided in the contract= the Contractor shall .e res#onsi.le for arran e(ents to o.tain su##ly of ,lectric Power for the wor1s! 2b3 Ele !r' Su--ly Fr+) T:e Ra'l=ay Sy*!e) , 'he Railway (ay su##ly to the Contractor #art or whole of the electric #ower where?er a?aila.le and #ossi.le= reFuired for e2ecution of wor1s fro( the RailwayEs e2istin electric su##ly syste(s at or near the site of wor1s on s#ecified ter(s and conditions and such char es as shall .e deter(ined .y the Railway and #aya.le .y the Contractor #ro?ided the cost of arran in necessary connections to the RailwayEs ,lectric Su##ly syste(s and layin of under roundDo?erhead conductor= circuit #rotection= electric #ower (eters= trans(ission structure= shall .e .orne .y the Contractor and that the Contractor shall not .e entitled to any co(#ensation for interru#tion or failure of the ,lectric su##ly syste(! 327 Pr+-er!y I# &a!er'al* A#$ Pla#! , 'he (aterials and #lant .rou ht .y the Contractor u#on the site or on the land occu#ied .y the Contractor in connection with the wor1s and intended to .e used for the e2ecution thereof shall i((ediately= they are .rou ht u#on the site of the said land= .e dee(ed to .e the #ro#erty of the Railway! Such of the( as durin the #ro ress of the wor1s are reBected .y the ,n ineer under Clause 2+ of these conditions or are declared .y hi( not to .e needed for the e2ecution of the wor1s or such as on the rant of the certificate of co(#letion re(ain unused shall i((ediately on such reBection= declaration or rant cease to .e dee(ed the #ro#erty of the Railway and the Contractor (ay then :.ut not .efore; re(o?e the( fro( the site or the said land! 'his clause shall not in any way di(inish the lia.ility of the Contractor nor shall the Railway .e in any way answera.le for any loss or da(a e which (ay ha##en to or in res#ect of any such (aterials or #lant either .y the sa(e .ein lost= stolen= inBured or destroyed .y fire= te(#est or otherwise! 337213 T++l*1 Pla#! A#$ &a!er'al* Su--l'e$ Hy Ra'l=ay , 'he Contractor shall ta1e all reasona.le care of all tools= #lant and (aterials or other #ro#erty whether of a li1e descri#tion or not .elon in to the Railway and co((itted to his char e for the #ur#ose of the wor1s and shall .e res#onsi.le for all da(a e or loss caused .y hi(= his a ents= #er(itted su.contractor= or his wor1(en or others while they are in his char e! 'he Contractors shall si n accounta.le recei#ts for tools= #lants and (aterials (ade o?er to hi( .y the ,n ineer and on co(#letion of the wor1s shall hand o?er the unused .alance of the sa(e to the ,n ineer in ood order and re#air= fair wear and tear e2ce#ted= and shall .e res#onsi.le for any failure to account for the sa(e or any da(a e done thereto! 337223 4're O( Ra'l=ayG* Pla#! , 'he Railway (ay hire to the Contractor such #lant as concrete (i2ers= co(#ressors and #orta.le en ines for use durin e2ecution of the wor1s on such ter(s as (ay .e s#ecified in the s#ecial conditions or in a se#arate a ree(ent for <ire of Plant! 387213 Pre au!'+# Dur'#" Pr+"re** O( .+r/* , $urin the e2ecution of wor1s= unless otherwise s#ecified= the Contractor shall at his own cost #ro?ide the (aterials for and e2ecute all shorin = ti(.erin and struttin wor1s as is necessary for the sta.ility and safety of all
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structures= e2ca?ations and wor1s and shall ensure that no da(a e= inBury or loss is caused or li1ely to .e caused to any #erson or #ro#erty! 387223 R+a$* A#$ .a!er C+ur*e* , ,2istin roads or water courses shall not .e .loc1ed cut throu h= altered= di?erted or o.structed in any way .y the Contractor= e2ce#t with the #er(ission of the ,n ineer! All co(#ensations clai(ed for any unauthoriMed closure= cuttin throu h= alteration= di?ersion or o.struction to such roads or water courses .y the Contractor or his a ent or his staff shall .e reco?era.le fro( the Contractor .y deduction fro( any su(s which (ay .eco(e due to hi( in ter(s of contract= or otherwise accordin to law! 387233 Pr+I'*'+# O( A e** T+ Pre)'*e* , $urin #ro ress of wor1 in any street or thorou hfare= the Contractor shall (a1e adeFuate #ro?ision for the #assa e of traffic= for securin safe access to all #re(ises a##roached fro( such street or thorou hfare and for any draina e= water su##ly or (eans of li htin which (ay .e interru#ted .y reasons of the e2ecution of the wor1s and shall react and (aintain at his own cost .arriers= li hts and other safe uards as #rescri.ed .y the ,n ineer= for the re ulation of the traffic= and #ro?ide watch(en necessary to #re?ent accidents! 'he wor1s shall in such cases .e e2ecuted ni ht and day= if so ordered .y the ,n ineer and with such ?i our so that the traffic way .e i(#eded for as short a ti(e as #ossi.le! 387283 Sa(e!y O( Publ' , 'he Contractor shall .e res#onsi.le to ta1e all #recautions to ensure the safety of the #u.lic whether on #u.lic or Railway #ro#erty and shall #ost such loo1 out (en as (ay= in the o#inion of the ,n ineer= .e reFuired to co(#ly with re ulations a##ertainin to the wor1! 397 U*e O( E%-l+*'Ie* , ,2#losi?es shall not .e used on the wor1s or on the site .y the Contractor without the #er(ission of the ,n ineer and then only in the (anner and to the e2tent to which such #er(ission is i?en! 0here e2#losi?es are reFuired for the wor1s= they shall .e stored in a s#ecial (a aMine to .e #ro?ided .y and at the cost of the Contractor in accordance with the ,2#losi?e Rules! 'he Contractor shall o.tain the necessary license for the stora e and the use of e2#losi?es and all o#erations in which or for which e2#losi?es are e(#loyed shall .e at the sole ris1 and res#onsi.ility of the Contractor and the Contractor shall inde(nify the Railway in res#ect thereof! 3;7213 Su*-e#*'+# O( .+r/* , 'he Contractor shall on the order of the ,n ineer= sus#end the #ro ress of the wor1s or any #art thereof for such ti(e or ti(es and in such (anner as the ,n ineer (ay consider necessary and shall durin such sus#ension #ro#erly #rotect and secure the wor1 so far as is necessary in the o#inion of the ,n ineer! If such sus#ension is4 :a; :.; :c; Pro?ided for in the contract= or Aecessary for the #ro#er e2ecution of the wor1s or .y the reason of weather conditions or .y so(e default on the #art of the Contractor= and or Aecessary for the safety of the wor1s or any #art thereof!
3;7223 'he Contractor shall not .e entitled to the e2tra costs= if any= incurred .y hi( durin the #eriod of sus#ension of the wor1s= .ut in the e?ent of any sus#ension ordered .y the ,n ineer for reasons other than afore(entioned and when each such #eriod of sus#ension e2ceeds 1* days= the Contractor shall .e entitled to such e2tension of ti(e for co(#letion of the wor1s as the ,n ineer (ay consider #ro#er ha?in re ard to the #eriod or #eriods of such sus#ensions and to such co(#ensations as the ,n ineer (ay consider reasona.le in res#ect of salaries or wa es #aid .y the Contractor to his e(#loyees durin the #eriods of such sus#ension! 3;7233 Su*-e#*'+# La*!'#" &+re T:a# 3 &+#!:* , If the #ro ress of the wor1s or any #art thereof is sus#ended on the order of the ,n ineer for (ore than three (onths at a ti(e= the Contractor (ay ser?e a written notice on the ,n ineer reFuirin #er(ission within 1+ days fro( the recei#t thereof to #roceed with the wor1s or that #art thereof in re ard to which #ro ress is sus#ended and if such #er(ission is not ranted within that ti(e the Contractor .y
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further written notice so ser?ed (ay= .ut is not .ound to= elect to treat the sus#ension where it affects #art only of the wor1s as an o(ission of such #art or where it affects the whole of the wor1s= as an a.andon(ent of the contract .y the Railway! 3<7 Ra!e* F+r I!e)* O( .+r/* , 'he rates= entered in the acce#ted Schedule of Rates of the Contract are intended to #ro?ide for wor1s duly and #ro#erly co(#leted in accordance with the General and S#ecial :if any; Conditions of the Contract and the S#ecifications and drawin s to ether with such enlar e(ents= e2tensions= di(inutions= reductions= alterations or additions as (ay .e ordered in ter(s of Clause *2 of these conditions and without #reBudice to the enerality thereof and shall .e dee(ed to include and co?er su#erintendence and la.our= su##ly= includin full frei ht of (aterials= stores= #atterns= #rofiles= (oulds= fittin s= centrin s= scaffoldin = shorin #ro#s= ti(.er= (achinery= .arrac1s= tac1le= roads= #e s= #osts= tools and all a##aratus and #lant reFuired on the wor1s= e2ce#t such tools= #lant or (aterials as (ay .e s#ecified in the contract to .e su##lied to the Contractor .y the Railway= the erection= (aintenance and re(o?al of all te(#orary wor1s and .uildin s= all watchin = li htin = .ailin = #u(#in and drainin = all #re?ention of or co(#ensation for tres#ass= all .arriers and arran e(ents for the safety of the #u.lic or of e(#loyees durin the e2ecution of wor1s= all sanitary and (edical arran e(ents for la.our ca(#s as (ay .e #rescri.ed .y the Railway= the settin of all wor1 and of the construction= re#air and u#1ee# of all centre lines= .ench (ar1s and le?el #e s thereon= site clearance= all fees duties= royalties= rent and co(#ensation to owners for surface da(a e or ta2es and i(#ositions #aya.le to local authorities in res#ect of land= structures and all (aterial su##lied for the wor1 or other duties of e2#enses for which the Contractor (ay .eco(e lia.le or (ay .e #ut to under any #ro?ision of law for the #ur#ose of or in connection with the e2ecution of the contract and all such other incidental char es or contin encies as (ay ha?e .een s#ecially #ro?ided for in the S#ecifications! 3>7 De)urra"e A#$ .:ar(a"e Due* , $e(urra e char es calculated in accordance with the scale in force for the ti(e .ein on the Railway and incurred .y the Contractor failin to load or unload any oods of (aterials within the ti(e allowed .y the Railway for loadin as also wharfa e char es= of (aterials not re(o?ed in ti(e as also char es due on consi n(ents .oo1ed .y or to hi( shall .e #aid .y the Contractor= failin which such char es shall .e de.ited to the ContractorEs account in the hands of the Railway and shall .e deducted fro( any su(s which (ay .eco(e due to hi( in ter(s of the contracts! 3?7 213 Ra!e* F+r E%!ra I!e)* O( .+r/* , Any ite( of wor1 carried out .y the Contractor on the instructions of the ,n ineer which is not included in the acce#ted Schedules of Rates shall .e e2ecuted at the rates set forth in the ISchedule of Rates of RailwayI (odified .y the tender #ercenta e and such ite(s are not contained in the latter= at the rate a reed u#on .etween the ,n ineer and the Contractor .efore the e2ecution of such ite(s of wor1 and the Contractors shall .e .ound to notify the ,n ineer at least se?en days .efore the necessity arises for the e2ecution of such ite(s of wor1s that the acce#ted Schedule of Rates does not include rate or rates for the e2tra wor1 in?ol?ed! 'he rates #aya.le for such ite(s shall .e decided at the (eetin to .e held .etween the ,n ineer and Contractor= in as short a #eriod as #ossi.le after the need for the s#ecial ite( has co(e to the notice! In case the Contractor fails to attend the (eetin after .ein notified to do so or in the e?ent of no settle(ent .ein arri?ed at= the Railway shall .e entitled to e2ecute the e2tra wor1s .y other (eans and the Contractor shall ha?e no clai( for loss or da(a e that (ay result fro( such #rocedure! 3?7223 Pro?ided that if the Contractor co((ences wor1 or incurs any e2#enditure in re ard thereto .efore the rates as deter(ined and a reed u#on as lastly hereuntofore3(entioned= then and in such a case the Contractor shall only .e entitled to .e #aid in res#ect of the wor1 carried out or e2#enditure incurred .y hi( #rior to the date of deter(ination of the rates as aforesaid accordin to the rates as shall .e fi2ed .y the ,n ineer! <owe?er= if the Contractor is not satisfied with the decision of the ,n ineer in this res#ect= he (ay a##eal to the Chief ,n ineer within 30 days of ettin the decision of the ,n ineer= su##orted .y analysis of the rates clai(ed! 'he Chief ,n ineerEs decision after hearin .oth the #arties in the (atter would .e final and .indin on the Contractor and the Railway!
Pa e 3%
807213 4a#$'#" OIer O( .+r/* , 'he Contractor shall .e .ound to hand o?er the wor1s e2ecuted under the contract to the Railway co(#lete in all res#ects to the satisfaction of the ,n ineer! 'he ,n ineer shall deter(ine the date on which the wor1 is considered to ha?e .een co(#leted= in su##ort of which his certificate shall .e re arded as sufficient e?idence for all #ur#oses! 'he ,n ineer shall deter(ine fro( ti(e to ti(e= the date on which any #articular section of the wor1 shall ha?e .een co(#leted= and the contractor shall .e .ound to o.ser?e any such deter(ination of the ,n ineer! 807223 Cleara# e O( S'!e O# C+)-le!'+# , On co(#letion of the wor1s= the Contractor shall clear away and re(o?e fro( the site all constructional #lant= sur#lus (aterials= ru..ish and te(#orary wor1s of e?ery 1ind and lea?e the whole of the site and wor1s clean and in a wor1(an li1e condition to the satisfaction of the ,n ineer! Ao final #ay(ent in settle(ent of the accounts for the wor1s shall .e #aid= held to .e due or shall .e (ade to the= Contractor till= in addition to any other condition necessary for final #ay(ent= site clearance shall ha?e .een affected .y hi(= and such clearance (ay .e (ade .y the ,n ineer at the e2#ense of the Contractor in the e?ent of his failure to co(#ly with this #ro?ision within % days after recei?in notice to that effect! Should it .eco(e necessary for the ,n ineer to ha?e the site cleared at the e2#enses of the Contractor= the Railway shall not .e held lia.le for any loss or da(a e to such of the ContractorEs #ro#erty as (ay .e on the site and due to such re(o?al there fro( which re(o?al (ay .e affected .y (eans of #u.lic sales of such (aterials and #ro#erty or in such a way as dee(ed fit and con?enient to the ,n ineer!
0ARIATIONS IN EXTENT OF CONTRACT

817 &+$'(' a!'+# T+ C+#!ra ! T+ He I# .r'!'#" , In the e?ent of any of the #ro?isions of the contract reFuirin to .e (odified after the contract docu(ents ha?e .een si ned= the (odifications shall .e (ade in writin and si ned .y the Railway and the Contractor and no wor1 shall #roceed under such (odifications until this has .een done! Any ?er.al or written arran e(ent a.andonin = (odifyin = e2tendin = reducin or su##le(entin the contract or any of the ter(s thereof shall .e dee(ed conditional and shall not .e .indin on the Railway unless and until the sa(e is incor#orated in a for(al instru(ent and si ned .y the Railway and the Contractor= and till then the Railway shall ha?e the ri ht to re#udiate such arran e(ents! 827213 P+=er* +( &+$'(' a!'+# T+ C+#!ra ! , 'he ,n ineer on .ehalf of the Railway shall .e entitled .y order in writin to enlar e or e2tend= di(inish or reduce the wor1s or (a1e any alterations in their desi n= character #osition= site= Fuantities= di(ensions or in the (ethod of their e2ecution or in the co(.ination and use of (aterials for the e2ecution thereof or to order any additional wor1 to .e done or any wor1s not to .e done and the contractor will not .e entitled= to any co(#ensation for any increaseDreduction in the Fuantities of wor1 .ut will .e #aid only for the actual a(ount of wor1 done and for a##ro?ed (aterials su##lied a ainst a s#ecific order! 827223 :i; 6nless otherwise s#ecified in the s#ecial conditions of the contract= the acce#ted ?ariation in Fuantity of each indi?idual ite( of the contract would .e u#to 2+O of the Fuantity ori inally contracted= e2ce#t in case of foundation wor1! 'he contractor shall .e .ound to carry out the wor1 at the a reed rates and shall not .e entitled to any clai( or any co(#ensation whatsoe?er u#to the li(it of 2+O ?ariation in Fuantity of indi?idual ite( of wor1s! :ii; In case of earthwor1= the ?ariation li(it of 2+O shall a##ly to the ross Fuantity of earth wor1 and ?ariation in the Fuantities of indi?idual classifications of soil shall not .e su.Bect to this li(it! :iii; In case of foundation wor1= no ?ariation li(it shall a##ly and the wor1 shall .e carried out .y the contractor on a reed rates irres#ecti?e of any ?ariation! 827233 0alua!'+# O( 0ar'a!'+#* , 'he enlar e(ents= e2tensions= di(inution= reduction= alterations or additions referred to in Su.3Clause :2; of this Clause shall in no de ree affect the ?alidity of the contractN .ut shall .e #erfor(ed .y the Contractor as #ro?ided therein and .e
Pa e 3)
su.Bect to the sa(e conditions= sti#ulations and o.li ations as if they had .een ori inally and e2#ressi?ely included and #ro?ided for in the S#ecifications and $rawin s and the a(ounts to .e #aid therefor shall .e calculated in accordance with the acce#ted Schedule of Rates! Any e2tra ite(sDFuantities of wor1 fallin outside the #ur?iew of the #ro?isions of Su.3Clause :2; a.o?e shall .e #aid for at the rates deter(ined under Clause33/ of these Conditions! 827283 0ar'a!'+#* I# Dua#!'!'e* Dur'#" E%e u!'+# O( .+r/* C+#!ra !* , 'he #rocedure detailed .elow shall .e ado#ted for dealin with ?ariations in Fuantities durin e2ecution of wor1s contracts4 1! Indi?idual AS ite(s in contracts shall .e o#erated with ?ariation of #lus or (inus 2+O and #ay(ent would .e (ade as #er the a ree(ent rate! &or this= no finance concurrence would .e reFuired! In case an increase in Fuantity of an indi?idual ite( .y (ore than 2+O of the a ree(ent Fuantity is considered una?oida.le= the sa(e shall .e ot e2ecuted .y floatin a fresh tender! If floatin a fresh tender for o#eratin that ite( is considered not #ractica.le= Fuantity of that ite( (ay .e o#erated in e2cess of 12+O of the a ree(ent Fuantity su.Bect to the followin conditions4 :a; :i; O#eration of an ite( .y (ore than 12+O of the a ree(ent Fuantity needs the a##ro?al of an officer of the ran1 not less than S!A! GradeN Huantities o#erated in e2cess of 12+O .ut u#to 1*0O of the a ree(ent Fuantity of the concerned ite(= shall .e #aid at /)O of the rate awarded for that ite( in that #articular tenderN Huantities o#erated in e2cess of 1*0O .ut u#to 1+0O of the a ree(ent Fuantity of the concerned ite( shall .e #aid at /"O of the rate awarded for that ite( in that #articular tenderN
2!
:ii;
:iii; 7ariation in Fuantities of indi?idual ite(s .eyond 1+0O will .e #rohi.ited and would .e #er(itted only in e2ce#tional una?oida.le circu(stances with the concurrence of associate finance and shall .e #aid at /"O of the rate awarded for that ite( in that #articular tender! :.; :c; 'he ?ariation in Fuantities as #er the a.o?e for(ula will a##ly only to the Indi?idual ite(s of the contract and not on the o?erall contract ?alue! ,2ecution of Fuantities .eyond 1+0O of the o?erall a ree(ental ?alue should not .e #er(itted and= if found necessary= should .e only throu h fresh tenders or .y ne otiatin with e2istin contractor= with #rior #ersonal concurrence of &ACCAO D &ACCAO:C; and a##ro?al of General -ana er! In cases where decrease is in?ol?ed durin e2ecution of contract4 :a; :.; 'he contract si nin authority can decrease the ite(s u#to 2+O of indi?idual ite( without finance concurrence! &or decrease .eyond 2+O for indi?idual ite(s or 2+O of contract a ree(ent ?alue= the a##ro?al of an officer not less than ran1 of S!A! Grade (ay .e ta1en= after o.tainin EAo Clai( CertificateE fro( the contractor and with finance concurrence= i?in detailed reasons for each such decrease in the Fuantities! It should .e certified that the wor1 #ro#osed to .e reduced will not .e reFuired in the sa(e wor1! 'he li(it for ?aryin Fuantities for (inor ?alue ite(s shall .e 100O :as a ainst 2+O #rescri.ed for other ite(s;! A (inor ?alue ite( for this #ur#ose is defined as an ite( whose ori inal a ree(ent ?alue is less than 1 O of the total ori inal a ree(ent ?alue! Ao such Fuantity ?ariation li(it shall a##ly for foundation ite(s! As far as SOR ite(s are concerned= the li(it of 2+O would a##ly to the ?alue of SOR schedule as a whole and not on indi?idual SOR ite(s! <owe?er= in case of AS ite(s= Pa e 3/
3!
:c; *!
+! "!
the li(it of 2+O would a##ly on the indi?idual ite(s irres#ecti?e of the (anner of Fuotin the rate :sin le #ercenta e rate or indi?idual ite( rate;! %! )! /! 10! &or the tenders acce#ted at 5onal Railways le?el= ?ariations in the Fuantities will .e a##ro?ed .y the authority in whose #owers re?ised ?alue of the a ree(ent lies! &or tenders acce#ted .y General -ana er= ?ariations u#to 12+O of the ori inal a ree(ent ?alue (ay .e acce#ted .y General -ana er! &or tenders acce#ted .y @oard -e(.ers and Railway -inisters= ?ariations u#to 110O of the ori inal a ree(ent ?alue (ay .e acce#ted .y General -ana er! 'he as#ect of ?itiation of tender with res#ect to ?ariation in Fuantities should .e chec1ed and a?oided! In case of ?itiation of the tender :.oth for increase as well as decrease of ?alue of contract a ree(ent;= sanction of the co(#etent authority as #er sin le tender should .e o.tained!
RAuthority 4 :1; Ite(3/ to Railway @oardEs letter no! 200%DC,3IIC'D1)= $ated 2)!0/!0% and :2; Ite(32 to Railway @oard8s letter no! 200%DC,!IIC'D1)DPt!KII= $ated 31!12!10S
CLAI&S
837213 &+#!:ly S!a!e)e#! O( Cla')* , 'he Contractor shall #re#are and furnish to the ,n ineer once in e?ery (onth an account i?in full and detailed #articulars of all clai(s for any additional e2#enses to which the Contractor (ay consider hi(self entitled to and of all e2tra or additional wor1s ordered .y the ,n ineer which he has e2ecuted durin the #recedin (onth and no clai( for #ay(ent for and such wor1 will .e considered which has not .een included in such #articulars! 837223 S'"#'#" O( LN+ Cla')L Cer!'(' a!e , 'he Contractor shall not .e entitled to (a1e any clai( whatsoe?er a ainst the Railway under or .y ?irtue of or arisin out of this contract= nor shall the Railway entertain or consider any such clai(= if (ade .y the Contractor= after he shall ha?e si ned a IAo Clai(I Certificate in fa?our of the Railway in such for( as shall .e reFuired .y the Railway after the wor1s are finally (easured u#! 'he Contactor shall .e de.arred fro( dis#utin the correctness of the ite(s co?ered .y IAo Clai(I Certificate or de(andin a clearance to ar.itration in res#ect thereof!
&EASURE&ENTS1 CERTIFICATES AND PAA&ENTS

887 Dua#!'!'e* I# S :e$ule A##e%e$ T+ C+#!ra ! , 'he Fuantities set out in the acce#ted Schedule of Rates with ite(s of wor1s Fuantified are the esti(ated Fuantities of the wor1s and they shall not .e ta1en as the actual and correct Fuantities of the wor1 to .e e2ecuted .y the Contractor in fulfill(ent of his o.li ations under the contract! 897 &ea*ure)e#! O( .+r/* , 'he Contractor shall .e #aid for the wor1s at the rates in the acce#ted Schedule of Rates and for e2tra wor1s at rates deter(ined under Clause 3/ of these Conditions on the (easure(ents ta1en .y the ,n ineer or the ,n ineerEs re#resentati?e in accordance with the rules #rescri.ed for the #ur#ose .y the Railway! 'he Fuantities for ite(s the unit of which in the acce#ted Schedule of Rates is 100 or 1000 shall .e calculated to the nearest whole nu(.er= any fraction .elow half .ein dro##ed and half and a.o?e .ein ta1en as oneN for ite(s the unit of which in the acce#ted Schedule of Rates is sin le= the Fuantities shall .e calculated to two #laces of deci(als! Such (easure(ents will .e ta1en of the wor1 in #ro ress fro( ti(e to ti(e and at such inter?als as in the o#inion of the ,n ineer shall .e #ro#er ha?in re ard to the #ro ress of wor1s! 'he date and ti(e on which Qon account8 or Qfinal8 (easure(ents are to .e (ade shall .e co((unicated to the Contractor who shall .e #resent at the site and shall si n the results of the (easure(ents :which shall also .e si ned .y the ,n ineer or the ,n ineerEs re#resentati?e; recorded in the official (easure(ents .oo1 as an ac1nowled e(ent of his acce#tance of the accuracy of the (easure(ents! &ailin the
Pa e *0
ContractorEs attendance= the wor1 (ay .e (easured u# in his a.sence and such (easure(ents shall= notwithstandin such a.sence= .e .indin u#on the Contractor whether or not he shall ha?e si ned the (easure(ent .oo1s #ro?ided always that any o.Bection (ade .y hi( to (easure(ent shall .e duly in?esti ated and considered in the (anner set out .elow4 :a; It shall .e o#en to the Contractor to ta1e s#ecific o.Bection to any recorded (easure(ents or Classification on any round within se?en days of the date of such (easure(ents! Any re3(easure(ent ta1en .y the ,n ineer or the ,n ineerEs re#resentati?e in the #resence of the Contractor or in his a.sence after due notice has .een i?en to hi( in conseFuence of o.Bection (ade .y the Contractor shall .e final and .indin on the Contractor and no clai( whatsoe?er shall thereafter .e entertained re ardin the accuracy and classification of the (easure(ents! If an o.Bection raised .y the Contractor is found .y the ,n ineer to .e incorrect the Contractor shall .e lia.le to #ay the actual e2#enses incurred in (easure(ents!
:.;
8;7213 LO#-A +u#! L Pay)e#!* , 'he Contractor shall .e entitled to .e #aid fro( ti(e to ti(e .y way of IOn3AccountI #ay(ent only for such wor1s as in the o#inion of the ,n ineer he has e2ecuted in ter(s of the contract! All #ay(ents due on the ,n ineerEs or the ,n ineerEs Re#resentati?eEs certificates of (easure(ents shall .e su.Bect to any deductions which (ay .e (ade under these #resents and shall further .e su.Bect to= unless otherwise reFuired .y Clause 1" of these Conditions= a retention of ten #ercent .y way of Security $e#osits= until the a(ount of Security $e#osit .y way of retained earnest (oney and such retentions shall a(ount to 10O of the total ?alue of the contract #ro?ided always that the ,n ineer (ay .y any certificate (a1e any correction or (odification in any #re?ious certificate which shall ha?e .een issued .y hi( and that the ,n ineer (ay withhold any certificate= if the wor1s or any #art thereof are not .ein carried out to his satisfaction! 8;7223 R+u#$'#" O(( A)+u#!* , 'he total a(ount due on each certificate shall .e rounded off to the nearest ru#ee= i!e! su( less than +0 #aise shall .e o(itted and su(s of +0 #aise and (ore u#to Rs!1 will .e rec1oned as Rs! 1! 8;7233 O# A +u#! Pay)e#!* N+! Preju$' 'al T+ F'#al Se!!le)e#! , IOn3AccountI #ay(ents (ade to the Contractor shall .e without #reBudice to the final (a1in u# of the accounts :e2ce#t where (easure(ents are s#ecifically noted in the -easure(ent @oo1 as I&inal -easure(entsI and as such ha?e .een si ned .y the Contractor; and shall in no res#ect .e considered or used as e?idence of any facts stated in or to .e inferred fro( such accounts nor of any #articular Fuantity of wor1 ha?in .een e2ecuted nor of the (anner of its e2ecution .ein satisfactory! 8;7283 &a##er O( Pay)e#! , 6nless otherwise s#ecified #ay(ents to the Contractor will .e (ade .y cheFueN .ut no cheFue will .e issued for and a(ount less than Rs!100! 8;A7 8;A71 Pr' e 0ar'a!'+# Clau*e 2P0C3 , Price 7ariation Clause :P7C; shall .e a##lica.le only for tenders of ?alue as #rescri.ed .y the -inistry of Railways throu h instructionsDcirculars issued fro( ti(e to ti(e and irres#ecti?e of the contract co(#letion #eriod! -aterials su##lied free of cost .y Railway to the contractors shall fall outside the #ur?iew of Price 7ariation Clause! If= in any case= acce#ted offer includes so(e s#ecific #ay(ent to .e (ade to consultants or so(e (aterials su##lied .y Railway free or at fi2ed rate= such #ay(ents shall .e e2cluded fro( the ross ?alue of the wor1 for the #ur#ose of #ay(entDreco?ery of #rice ?ariation! 'he @ase -onth for QPrice 7ariation Clause8 shall .e ta1en as (onth of o#enin of tender includin e2tensions= if any= unless otherwise stated elsewhere! 'he Fuarter for a##lica.ility of P7C shall co((ence fro( the (onth followin the (onth of o#enin of
8;A72
Pa e *1
tender! 'he Price 7ariation shall .e .ased on the a?era e Price Inde2 of the Fuarter under consideration! 8;A73 Rates acce#ted .y Railway Ad(inistration shall hold ood till co(#letion of wor1 and no additional indi?idual clai( shall .e ad(issi.le on account of fluctuations in (ar1et rates= increase in ta2esDany other le?iesDtolls etc! e2ce#t that #ay(entDreco?ery for o?erall (ar1et situation shall .e (ade as #er Price 7ariation Clause i?en hereunder! AdBust(ent for ?ariation in #rices of (aterial= la.our= fuel= e2#losi?es= detonators= steel= concretin = ferrous= non3ferrous= insulators= Minc and ce(ent shall .e deter(ined in the (anner #rescri.ed! Co(#onents of ?arious ite(s in a contract on which ?ariation in #rices .e ad(issi.le= shall .e -aterial= >a.our= &uel= ,2#losi?es= $etonators= Steel= Ce(ent= Concretin = &errous= Aon3ferrous= Insulator= 5inc= ,rection etc! <owe?er= for fi2ed co(#onents= no #rice ?ariation shall .e ad(issi.le! 'he #ercenta es of la.our co(#onent= (aterial co(#onent= fuel co(#onent etc! in ?arious ty#es of ,n ineerin 0or1s shall .e as under 4 C+)-+#e#! 2A3 Ear!:=+r/ C+#!ra !* , >a.our Co(#onent &uel Co(#onent >a.our Co(#onent &uel Co(#onent 2C3 Tu##ell'#" C+#!ra !* , >a.our Co(#onent &uel Co(#onent ,2#losi?e Co(#onent 2D3 O!:er .+r/* C+#!ra !* , >a.our Co(#onent -aterial Co(#onent 30O *0O &uel Co(#onent &i2ed Co(#onent W 1+O 1+O *+O 1+O 1+O $etonators Co(#onent Other -aterial Co(#onents &i2ed Co(#onent W +O +O 1+O +0O 20O ++O 1+O Other -aterial Co(#onents &i2ed Co(#onent W Other -aterial Co(#onents &i2ed Co(#onent W 1+O 1+O 1+O 1+O Per e#!a"e C+)-+#e#! Per e#!a"e
8;A78
8;A79
8;A7;
2H3 Halla*! a#$ Duarry Pr+$u !* C+#!ra !* ,
W It shall not .e considered for any #rice ?ariation! 8;A7< 'he A(ount of ?ariation in #rices in se?eral co(#onents :la.our (aterial etc!; shall .e wor1ed out .y the followin for(ulae 4 :i; > V R 2 :I3Io; 2 P Io 100 :ii; - V R 2 :030o; 2 H 0o 100 :iii; 6 V R 2 :&3&o; 2 5 100 &o :i?; K V R 2 :,3,o; 2 S ,o 100 :?; A V R 2 :$3$o; 2 ' $o 100 :?i; -s V O 2 :@s3@so; :?ii; -c V A 2 :0c30co;D0co
Pa e *2
F+r Ra'l=ay Ele !r'(' a!'+# .+r/* , :?iii; :i2; :2; :2i; :2ii; -cc V X:C3Co;DCo 2 0!*13"Y 2 G -f V X:Sf3Sfo;DSfo Z :535o;D5o 2 0!0"Y 2 < -nf V X:Cu3Cuo;DCuoY 2 J -M V X:535o;D5oY 2 0 -IA V X:In Ino;DInY 2 )+
0here= > A(ount of #rice ?ariation in >a.our A(ount of #rice ?ariation in -aterials 6 A(ount of #rice ?ariation in &uel K A(ount of #rice ?ariation in ,2#losi?es A A(ount of #rice ?ariation in $etonators -s A(ount of #rice ?ariation in Steel -c A(ount of #rice ?ariation in Ce(ent -cc A(ount of #rice ?ariation in Concretin -f A(ount of #rice ?ariation in &errous -nf A(ount of #rice ?ariation in Aon3&errous -M A(ount of #rice ?ariation in 5inc -IA A(ount of #rice ?ariation in Insulator O 0ei ht of steel in tonnes su##lied .y the contractor as #er the Qon3account8 .ill for the (onth under consideration R Gross ?alue of wor1 done .y contractor as #er on3account .ill:s; e2cludin cost of (aterials su##lied .y Railway at fi2ed #rice (inus the #rice ?alues of ce(ent C steel! 'his will also e2clude s#ecific #ay(ent= if any= to .e (ade to the consultants en a ed .y contractors :such #ay(ent shall .e indicated in the contractor8s offer; A 7alue of Ce(ent su##lied .y Contractor as #er on account .ill in the Fuarter under consideration Io Consu(er Price Inde2 Au(.er for Industrial 0or1ers 3 All India 3 Pu.lished in R!@!I! @ulletin for the .ase #eriod I Consu(er Price Inde2 Au(.er for Industrial 0or1ers 3 All India 3 Pu.lished in R!@!I! @ulletin for the a?era e #rice inde2 of the 3 (onths of the Fuarter under consideration 0o Inde2 Au(.er of 0holesale Prices @y Grou#s and Su.3Grou#s All co((odities as #u.lished in the R!@!I! @ulletin for the .ase #eriod 0 Inde2 Au(.er of 0holesale Prices @y Grou#s and Su.3 Grou#s All co((odities as #u.lished in the R!@!I! @ulletin for the a?era e #rice inde2 of the 3 (onths of the Fuarter under consideration &o Inde2 Au(.er of 0holesale Prices @y Grou#s and Su.3Grou#s for &uel= Power= >i ht and >u.ricants as #u.lished in the R!@!I! @ulletin for the .ase #eriod & Inde2 Au(.er of 0holesale Prices @y Grou#s and Su.3Grou#s for &uel= Power= >i ht and >u.ricants as #u.lished in the R!@!I! @ulletin for the a?era e #rice inde2 of the 3 (onths of the Fuarter under consideration ,o Cost of e2#losi?es as fi2ed .y $GSC$ in the rele?ant rate contract of the fir( fro( who( #urchases of e2#losi?es are (ade .y the contractor for the .ase #eriod , Cost of e2#losi?es as fi2ed .y $GSC$ in the rele?ant rate contract of the fir( fro( who( #urchases of e2#losi?es are (ade .y the contractor for the a?era e #rice inde2 of the 3 (onths of the Fuarter under consideration $o Cost of detonators as fi2ed .y $GSC$ in the rele?ant rate contract of the fir( fro( who( #urchases of detonators are (ade .y the contractor for the .ase #eriod
Pa e *3
Cost of detonators as fi2ed .y $GSC$ in the rele?ant rate contract of the fir( fro( who( #urchases of detonators are (ade .y the contractor for the a?era e #rice inde2 of the 3 (onths of the Fuarter under consideration @s SAI>8s :Steel Authority of India >i(ited; e23wor1s #rice #lus ,2cise $uty thereof :in ru#ees #er tonne; for the rele?ant cate ory of steel su##lied .y the contractor as #re?ailin on the first day of the (onth in which the steel was #urchased .y the contractor :or; as #re?ailin on the first day of the (onth in which steel was .rou ht to the site .y the contractor whiche?er is lower @so SAI>8s e23wor1s #rice #lus ,2cise $uty thereof :in Rs! #er tonne; for the rele?ant cate ory of steel su##lied .y the contractor as #re?ailin on the first day of the (onth in which the tender was o#ened 0co Inde2 Ao! of 0holesale Price of su.3 rou# :of Ce(ent; as #u.lished in R@I @ulletin for the .ase #eriod 0c Inde2 Ao! of 0holesale Price of su.3 rou# :of Ce(ent; as #u.lished in R@I @ulletin for the a?era e #rice inde2 of the 3 (onths of the Fuarter under consideration C R@I wholesale #rice inde2 for ce(ent for the (onth which is si2 (onths #rior to date of castin of foundation Co R@I wholesale #rice inde2 for ce(ent for the (onth which is one (onth #rior to date of o#enin of tender 5 I,,-A #rice for 5inc for the (onth which is two (onths #rior to date of ins#ection of (aterial 5o I,,-A #rice for 5inc for the (onth which is one (onth #rior to date of o#enin of tender Cu I,,-A #rice for Co##er wire .ar for the (onth which is two (onths #rior to date of ins#ection of (aterial! Cuo I,,-A #rice for Co##er wire .ar for the (onth which is one (onth #rior to date of o#enin of tender! Sf I,,-A #rice inde2 for Iron C Steel for the (onth which is two (onths #rior to date of ins#ection of (aterial! Sfo I,,-A #rice inde2 for Iron C Steel for the (onth which is one (onth #rior to date of o#enin of tender! In R@I wholesale #rice inde2 for Structural Clay Products for the (onth which is two (onths #rior to date of ins#ection of (aterial Ino R@I wholesale #rice inde2 for Structural Clay Products for the (onth which is one (onth #rior to date of o#enin of tender P O of >a.our co(#onent H O of -aterial co(#onent 5 O of &uel co(#onent S O of ,2#losi?e co(#onent ' O of $etonators co(#onent G O of Concretin Co(#onent < O of &errous Co(#onent J O of Aon3&errous Co(#onent 0 O of 5inc Co(#onent 8;A7> 'he de(ands for escalation of cost shall .e allowed on the .asis of #ro?isional indices (ade a?aila.le .y Reser?e @an1 of India! Any adBust(ent needed to .e done .ased on the finally #u.lished indices shall .e (ade as and when they .eco(e a?aila.le! Rele?ant cate ories of steel for the #ur#ose of o#eratin Price 7ariation for(ula= as (entioned in this Clause= .ased on SAI>8s e23wor1s #rice #lus ,2cise $uty thereof= shall .e as under 4
8;A7?
Pa e **
SL
Ca!e"+ry O( S!eel Su--l'e$ I# Ra'l=ay .+r/ Reinforce(ent .ars and other rounds All ty#es and siMes of an les All ty#es and siMes of #lates All ty#es and siMes of channels and Boists Any other section of steel not co?ered in the a.o?e cate ories and e2cludin <'S
Ca!e"+ry O( S!eel Pr+$u e$ Hy SAIL .:+*e E%-.+r/* Pr' e Plu* E% '*e Du!y .+ul$ He A$+-!e$ T+ De!er)'#e Pr' e 0ar'a!'+# '-' )(( IS 1%)" &e *1+D&e +00 An le "+ 2 "+ 2 " (( IS 20"2 ,2+0A SU P- Plates a.o?e 10320 (( IS 20"2 ,2+0A SU Channels 200 2 %+ (( IS 20"2 ,2+0A SU A?era e of #rice for the 3 cate ories co?ered under S> 1= 2 C 3 a.o?e
1 2! 3! *! +!
8;A710 Pr' e 0ar'a!'+# Dur'#" E%!e#$e$ Per'+$ O( C+#!ra ! 'he #rice adBust(ent as wor1ed out a.o?e= i!e! either increase or decrease shall .e a##lica.le u#to the sti#ulated date of co(#letion of wor1 includin the e2tended #eriod of co(#letion where such e2tension has .een ranted under Clause 1%3A of the General Conditions of Contract! <owe?er= where e2tension of ti(e has .een ranted due to contractor8s failure under Clause 1%3@ of the General Conditions of Contract= #rice adBust(ent shall .e done as follows 4 :a; In case the indices increase a.o?e the indices a##lica.le to the last (onth of ori inal co(#letion #eriod or the e2tended #eriod under Clause 1%3A= the #rice adBust(ent for the #eriod of e2tension ranted under Clause 1%3@ shall .e li(ited to the a(ount #aya.le as #er the Indices a##lica.le to the last (onth of the ori inal co(#letion #eriod or the e2tended #eriod under Clause 1%3A of the General Conditions of ContractN as the case (ay .e! In case the indices fall .elow the indices a##lica.le to the last (onth of ori inalD e2tended #eriod of co(#letion under Clause 1%3A= as the case (ay .eN then the lower indices shall .e ado#ted for the #rice adBust(ent for the #eriod of e2tension under Clause 1%3@ of the General Conditions of Contract!
:.;
RAuthority 4 Railway @oard8s letters no! 200%DC,3IDC'D1)DPt!1/= dated 1*!12!12 and 0%!0+!13S
8<7 &a'#!e#a# e O( .+r/* , 'he Contractor shall at all ti(es durin the #ro ress and continuance of the wor1s and also for the #eriod of (aintenance s#ecified in the 'ender &or( after the date of #assin of the certificate of co(#letion .y the ,n ineer or any other earlier date su.seFuent to the co(#letion of the wor1s that (ay .e fi2ed .y the ,n ineer .e res#onsi.le for and effecti?ely (aintain and u#hold in ood su.stantial= sound and #erfect condition all and e?ery #art of the wor1s and shall (a1e ood fro( ti(e to ti(e and at all ti(es as often as the ,n ineer shall reFuire= any da(a e or defect that (ay durin the a.o?e #eriod arise in or .e disco?ered or .e in any way connected with the wor1s= #ro?ided that such da(a e or defect is not directly caused .y errors in the contract docu(ents= act of #ro?idence or insurrection or ci?il riot= and the Contractor shall .e lia.le for and shall #ay and (a1e ood to the Railway or other #ersons le ally entitled thereto whene?er reFuired .y the ,n ineer so to do= all losses= da(a es= costs and e2#enses they or any of the( (ay incur or .e #ut or .e lia.le to .y reasons or in conseFuence of the o#erations of the Contractor or of his failure in any res#ect! 8>7213 Cer!'(' a!e O( C+)-le!'+# O( .+r/* , As soon as in the o#inion of the ,n ineer= the wor1 has .een co(#leted and has satisfactorily #assed any final test or tests that (ay .e #rescri.ed= the ,n ineer shall issue a certificate of co(#letion duly indicatin the date of co(#letion in res#ect of the wor1 and the #eriod of (aintenance of the wor1 shall co((ence fro( the date of co(#letion (entioned in such certificate! 'he ,n ineer (ay also issue such a certificate indicatin date of co(#letion with res#ect to any #art of the wor1 :.efore the co(#letion of the whole of wor1;= which has .een .oth co(#leted to the satisfaction of the
Pa e *+
,n ineer and occu#ied or used .y the Railway! 0hen any such certificate is i?en in res#ect of #art of a wor1= such #art shall .e considered as co(#leted and the #eriod of (aintenance of such #art shall co((ence fro( the date of co(#letion (entioned in the co(#letion certificate issued for that #art of the wor1!
RAuthority 4 Railway @oard8s letter no!2010DC,3IDC'D11= $ated 11!0"!2010S

8>7223 C+#!ra !+r N+! Ab*+lIe$ Hy C+)-le!'+# Cer!'(' a!e , 'he Certificate of Co(#letion in res#ect of the wor1s referred to in Su.3Clause :1; of this Clause shall not a.sol?e the Contractor fro( his lia.ility to (a1e ood any defects i(#erfections= shrin1a es or faults which (ay a##ear durin the #eriod of (aintenance s#ecified in the tender arisin in the o#inion of the ,n ineer fro( (aterials or wor1(anshi# not in accordance with the drawin s or s#ecifications or instruction of the ,n ineer= which defects= i(#erfections= shrin1a es or faults shall u#on the direction in writin of the ,n ineer .e a(ended and (ade ood .y the Contractor at his own costN and in case of default on the #art of Contractor= the ,n ineer (ay e(#loy la.our and (aterials or a##oint another Contractor to a(end and (a1e ood such defects= i(#erfections= shrin1a es and faults and all e2#enses conseFuent thereon and incidental thereto shall .e .orne .y the Contractor and shall .e reco?era.le fro( any (oneys due to hi( under the contract! 8?7 A--r+Ial O#ly Hy &a'#!e#a# e Cer!'(' a!e , Ao certificate other than (aintenance certificate referred to in Clause +0 of the Conditions shall .e dee(ed to constitute a##ro?al of any wor1 or other (atter in res#ect of which it is issued or shall .e ta1en as an ad(ission of the due #erfor(ance of the contract or any #art thereof or of the accuracy of any clai( or de(and (ade .y the Contractor or of additional ?aried wor1 ha?in .een ordered .y the ,n ineer nor shall any other certificate conclude or #reBudice any of the #owers of the ,n ineer! 907213 &a'#!e#a# e Cer!'(' a!e , 'he Contract shall not .e considered as co(#leted until a -aintenance Certificate shall ha?e .een si ned .y the ,n ineer statin that the wor1s ha?e .een co(#leted and (aintained to his satisfaction! 'he (aintenance Certificate shall .e i?en .y the ,n ineer u#on the e2#iration of the #eriod of (aintenance or as soon thereafter as any wor1s ordered durin such #eriod #ursuant to Su. Clause :2; to Clause *) of these Conditions shall ha?e .een co(#leted to the satisfaction of the ,n ineer and full effect shall .e i?en to this Clause notwithstandin the ta1in #ossession of or usin the wor1s or any #art thereof .y the Railway! 907223 Ce**a!'+# O( Ra'l=ayB* L'ab'l'!y , 'he Railway shall not .e lia.le to the Contractor for any (atter arisin out of or in connection with the contract of the e2ecution of the wor1s unless the Contractor shall ha?e (ade a clai( in writin in res#ect thereof .efore the issue of the -aintenance Certificate under this clause! 907233 U#(ul('lle$ Obl'"a!'+#* , Aotwithstandin the issue of the -aintenance Certificate the Contractor and :su.Bect to Su.3Clause :2; of this Clause; the Railway shall re(ain lia.le for the fulfill(ent of any o.li ation incurred under the #ro?ision of the contract #rior to the issue of the -aintenance Certificate which re(ains un#erfor(ed at the ti(e such certificate is issued and for the #ur#oses of deter(inin the nature and e2tent of any such o.li ations= the contract shall .e dee(ed to re(ain in force .etween the #arties thereto! 917213 F'#al Pay)e#! , On the ,n ineerEs certificate of co(#letion in res#ect of the wor1s= adBust(ent shall .e (ade and the .alance of account .ased on the ,n ineer or the ,n ineerEs re#resentati?eEs certified (easure(ents of the total Fuantity of wor1 e2ecuted .y the Contractor u#to the date of co(#letion and on the acce#ted schedule or rates and for e2tra wor1s on rates deter(ined under Clause 3/ of these Conditions shall .e #aid to the Contractor su.Bect always to any deduction which (ay .e (ade under these #resents and further su.Bect to the Contractor ha?in deli?ered to the ,n ineer either a full account in detail of all clai(s he (ay ha?e on the Railway in res#ect of the wor1s or ha?in deli?ered IAo Clai( CertificateJ and the ,n ineer ha?in after the recei#t of such account i?en a certificate in writin that such clai(s are correct=
Pa e *"
that the whole of the wor1s to .e done under the #ro?isions of the Contracts ha?e .een co(#leted= that they ha?e .een ins#ected .y hi( since their co(#letion and found to .e in ood and su.stantial order= that all #ro#erties= wor1s and thin s= re(o?ed= distur.ed or inBured in conseFuence of the wor1s ha?e .een #ro#erly re#laced and (ade ood and all e2#enses and de(ands incurred .y or (ade u#on the Railway for or in the res#ect of da(a e or loss .y fro( or in conseFuence of the wor1s= ha?e .een satisfied a reea.ly and in confor(ity with the contract! 917223 P+*! Pay)e#! Au$'! , It is an a reed ter( of contract that the Railway reser?es to itself the ri ht to carry out a #ost3#ay(ent audit and or technical e2a(ination of the wor1s and the final .ill includin all su##ortin ?ouchers= a.stracts etc! and to (a1e a clai( on the contractor for the refund any e2cess a(ount #aid to hi(= if as a result of such e2a(ination any o?er3#ay(ent to hi( is disco?ered to ha?e .een (ade in res#ect of any wor1s done or alle ed to ha?e .een done .y hi( under the contract! 91-A7 :i; Pr+$u !'+# O( 0+u :er* E! 7 Hy T:e C+#!ra !+r , &or a contract of (ore than one crore of ru#ees= the contractor shall= whene?er reFuired= #roduce or cause to .e #roduced for e2a(ination .y the ,n ineer any Fuotation= in?oice= cost or other account= .oo1 of accounts= ?oucher= recei#t= letter= (e(orandu(= #a#er of writin or any co#y of or e2tract fro( any such docu(ent and also furnish infor(ation and returns ?erified in such (anner as (ay .e reFuired in any way relatin to the e2ecution of this contract or rele?ant for ?erifyin or ascertainin cost of e2ecution of this contract :the decision of the ,n ineer on the Fuestion of rele?ancy of any docu(ents= infor(ation or return .ein final and .indin in the #arties;! 'he contractor shall si(ilarly #roduce ?ouchers etc!= if reFuired to #ro?e to the ,n ineer= that (aterials su##lied .y hi(= are in accordance with the s#ecifications laid down in the contract! If any #ortion of the wor1 in a contract of ?alue (ore than one crore of ru#ees .e carried out .y a su.3contractor or any su.sidiary or allied fir( or co(#any :as #er Clause % of the General Conditions of Contract;= the ,n ineer shall ha?e #ower to secure the .oo1s of such su.3contract or any su.sidiary or allied fir( or co(#any= throu h the contractor= and such .oo1s shall .e o#en to his ins#ection! 'he o.li ations i(#osed .y Su. Clause :i; C :ii; a.o?e is without #reBudice to the o.li ations of the contractor under any statute rules or orders .indin on the contractor!
:ii;
:iii;
927 .'!::+l$'#" A#$ L'e# I# Re*-e ! O( Su)* Cla')e$ , 0hene?er any clai( or clai(s for #ay(ent of a su( of (oney arises out of or under the contract a ainst the contractor= the Railway shall .e entitled to withhold and also ha?e a lien to retain such su( or su(s in whole or in #art fro( the security= if any= de#osited .y the contractor and for the #ur#ose aforesaid= the Railway shall .e entitled to withhold the said cash Security $e#osit or the Security if any= furnished as the case (ay .e and also ha?e a lien o?er the sa(e #endin finaliMation or adBudication of any such clai(! In the e?ent of the security .ein insufficient to co?er the clai(ed a(ount or a(ounts or if no security has .een ta1en fro( the contractor= the Railway shall .e entitled to withhold and ha?e a lien to the e2tent of the such clai(ed a(ount or a(ounts referred to su#ra= fro( any su( or su(s found #aya.le or which at any ti(e thereafter (ay .eco(e #aya.le to the contractor under the sa(e contract or any other contract with this or any other Railway or any $e#art(ent of the Central Go?ern(ent #endin finaliMation or adBudication of any such clai(! It is an a reed ter( of the contract that the su( of (oney or (oneys so withheld or retained under the lien referred to a.o?e= .y the Railway will .e 1e#t withheld or retained as such .y the Railways till the clai( arisin out of or under the contract is deter(ined .y the ar.itrator :if the contract o?erned .y the Ar.itration Clause; or .y the co(#etent court as the case (ay .e and that the contractor will ha?e no clai( for interest or da(a es whatsoe?er on any account in res#ect of such withholdin or retention under the lien referred to su#ra and duly
Pa e *%
notified as such to the contractor! &or the #ur#ose of this clause= where the contractor is a #artnershi# fir( or a li(ited co(#any= the Railway shall .e entitled to withhold and also ha?e a lien to retain towards such clai(ed a(ount or a(ounts in whole or in #art fro( any su( found #aya.le to any #artner D li(ited co(#any= as the case (ay .e whether in his indi?idual ca#acity or otherwise! 92-A :i; L'e# I# Re*-e ! O( Cla')* I# O!:er C+#!ra !* , Any su( of (oney due and #aya.le to the contractor :includin the Security $e#osit returna.le to hi(; under the contract (ay .e withheld or retained .y way of lien .y the Railway= a ainst any clai( of this or any other Railway or any other $e#art(ent of the Central Go?ern(ent in res#ect of #ay(ent of a su( of (oney arisin out of or under any other contract (ade .y the contractor with this or any other $e#art(ent of the Central Go?ern(ent! <owe?er= reco?ery of clai(s of Railway in re ard to ter(inated contracts (ay .e (ade fro( the &inal @ills= Security $e#osits and Perfor(ance Guarantees of other contract or contracts= e2ecuted .y the contractor! 'he Perfor(ance Guarantees su.(itted .y the Contractor a ainst other contracts= if reFuired= (ay .e withheld and encashed! In addition= 10O of each su.seFuent Qon3account .ill8 (ay .e withheld= if reFuired= for reco?ery of Railway8s dues a ainst the ter(inated contract!
:ii;
RAuthority 4 Railway @oard8s letter no! 2010DC,3I:S#l!;DC'D*1= $ated 2+!0*!2011S

:iii; It is an a reed ter( of the contract that the su( of (oney so withheld or retained under this Clause .y the Railway will .e 1e#t withheld or retained as such .y the Railway till the clai( arisin out of or under any other contract is either (utually settled or deter(ined .y ar.itration= if the other contract is o?erned .y Ar.itration Clause or .y the co(#etent court as the case (ay .e and contractor shall ha?e no clai( for interest or da(a es whatsoe?er on this account or on any other round in res#ect of any su( of (oney withheld or retained under this Clause and duly notified as such to the contractor!
937 S'"#a!ure O# Re e'-!* F+r A)+u#!* , ,?ery recei#t for (oney which (ay .eco(e #aya.le or for any security which (ay .eco(e transfera.le to the Contractors under these #resents= shall= if si ned in the #artnershi# na(e .y anyone of the #artners of a ContractorEs fir( .e a ood and sufficient dischar e to the Railway in res#ect of the (oneys or security #ur#orted to .e ac1nowled ed there.y and in the e?ent of death of any of the Contractor= #artners durin the #endency of the contract= it is here.y e2#ressly a reed that e?ery recei#t .y anyone of the sur?i?in Contractor #artners shall if so si ned as aforesaid .e ood and sufficient dischar e as aforesaid #ro?ided that nothin in this Clause contained shall .e dee(ed to #reBudice or effect any clai( which the Railway (ay hereafter ha?e a ainst the le al re#resentati?e of any contractor #artner so dyin for or in res#ect to any .reach of any of the conditions of the contract= #ro?ided also that nothin in this clause contained shall .e dee(ed to #reBudice or effect the res#ecti?e ri hts or o.li ations of the Contractor #artners and of the le al re#resentati?es of any deceased Contractor #artners interse!
LAHOUR
987 .a"e* T+ Lab+ur , 'he Contractor shall .e res#onsi.le to ensure co(#liance with the #ro?ision of the -ini(u( 0a es Act= 1/*) :hereinafter referred to as the Lsaid ActJ and the Rules (ade thereunder in res#ect of any e(#loyees directly or throu h #etty contractors or su.3 contractors e(#loyed .y hi( on road construction or in .uildin o#erations or in stone .rea1in or stone crushin for the #ur#ose of carryin out this contract! If= in co(#liance with the ter(s of the contract= the Contractor su##lied any la.our to .e used wholly or #artly under the direct orders and control of the Railways whether in connection with any wor1 .ein e2ecuted .y the Contractor or otherwise for the #ur#ose of the
Pa e *)
Railway such la.our shall= for the #ur#ose of this Clause= still .e dee(ed to .e #ersons e(#loyed .y the Contractor! If any (oneys shall= as a result of any clai( or a##lication (ade under the said Act .e directed to .e #aid .y the Railway= such (oney shall .e dee(ed to .e (oneys #aya.le to the Railway .y the Contractor and on failure .y the Contractor to re#ay the Railway any (oneys #aid .y it as aforesaid within se?en days after the sa(e shall ha?e .een de(anded= the Railways shall .e entitled to reco?er the sa(e fro( any (oneys due or accruin to the contractor under this or any other Contract with the Railways! 98-A7 A--re#!' e* A ! , 'he Contractor shall .e res#onsi.le to ensure co(#liance with the #ro?isions of the A##rentices Act= 1/"1 and the Rules and Orders issued thereunder fro( ti(e to ti(e in res#ect of a##rentices directly or throu h #etty contractors or su.3contractors e(#loyed .y hi( for the #ur#ose of carryin out the Contract! If the contractor directly or throu h #etty contractors or su.3contractors fails to do so= his failure will .e a .reach of the contract and the Railway (ay= in its discretion= rescind the contract! 'he contractor shall also .e lia.le for any #ecuniary lia.ility arisin on account of any ?iolation of the #ro?isions of the Act! Aote, 'he contractors are reFuired to en a e a##rentices when the wor1s underta1en .y the( last for a #eriod of one year or (ore andDor the cost of wor1s is ru#ees one la1h or (ore!
997 Pr+I'*'+#* O( Pay)e#!* O( .a"e* A ! , 'he Contractor shall co(#ly with the #ro?isions of the Pay(ent of 0a es Act= 1/3" and the rules (ade thereunder in res#ect of all e(#loyees directly or throu h #etty contractors or su.3contractors e(#loyed .y hi( in the wor1s! If in co(#liance with the ter(s of the contract= the Contractor directly or throu h #etty contractors or su.3contractors shall su##ly any la.our to .e used wholly or #artly under the direct orders and control of the ,n ineer whether in connection with the wor1s to .e e2ecuted hereunder or otherwise for the #ur#ose of the ,n ineer= such la.our shall ne?er the less .e dee(ed to co(#rise #ersons e(#loyed .y the contractor and any (oneys which (ay .e ordered to .e #aid .y the ,n ineer shall .e dee(ed to .e (oneys #aya.le .y the ,n ineer on .ehalf of the Contractor and the ,n ineer (ay on failure of the Contractor to re#ay such (oney to the Railways deduct the sa(e fro( any (oneys due to the Contractor in ter(s of the contract! 'he Railway shall .e entitled to deduct fro( any (oneys due to the contractor :whether under this contract or any other contract; all (oneys #aid or #aya.le .y the Railway .y way of co(#ensation of aforesaid or for costs of e2#enses in connection with any clai( thereto and the decision of the ,n ineer u#on any Fuestion arisin out of the effect or force of this Clause shall .e final and .indin u#on the Contractor! 99-A7 Pr+I'*'+#* O( C+#!ra ! Lab+ur 2Re"ula!'+# A#$ Ab+l'!'+#3 A !1 1?<0 ,
99-A7213 'he Contractor shall co(#ly with the #ro?ision of the contract la.our :Re ulation and A.olition; Act= 1/%0 and the Contract la.our :Re ulation and A.olition; Central Rules 1/%1 as (odified fro( ti(e to ti(e= where?er a##lica.le and shall also inde(nify the Railway fro( and a ainst any clai(s under the aforesaid Act and the Rules! 99-A7223 'he Contractor shall o.tain a ?alid license under the aforesaid Act as (odified fro( ti(e to ti(e .efore the co((ence(ent of the wor1 and continue to ha?e a ?alid license until the co(#letion of the wor1! Any failure to fulfill the reFuire(ent shall attract the #enal #ro?ision of the Contract arisin out of the resultant non3e2ecution of the wor1! 99-A7233 'he Contractor shall #ay to the la.our e(#loyed .y hi( directly or throu h su.contractors the wa es as #er #ro?ision of the aforesaid Act and the Rules where?er a##lica.le! 'he Contractor shall notwithstandin the #ro?isions of the contract to the contrary= cause to .e #aid the wa es to la.our indirectly en a ed on the wor1s includin any en a ed .y su.3contractors in connection with the said wor1= as if the la.our had .een i((ediately e(#loyed .y hi(!
Pa e */
99-A7283 In res#ect of all la.our directly or indirectly e(#loyed in the wor1 for #erfor(ance of the contractorEs #art of the contract= the Contractor shall co(#ly with or cause to .e co(#lied with the #ro?isions of the aforesaid Act and Rules where?er a##lica.le! 99-A7293 In e?ery case in which= .y ?irtue of the #ro?isions of the aforesaid Act or the Rules= the Railway is o.li ed to #ay any a(ount of wa es to a wor1(an e(#loyed .y the Contractor or his su.3contractor in e2ecution of the wor1 or to incur any e2#enditure on account of the Contin ent= lia.ility of the Railway due to the contractorEs failure to fulfill his statutory o.li ations under the aforesaid Act or the rules= the Railway will reco?er fro( the Contractor= the a(ount of wa es so #aid or the a(ount of e2#enditure so incurred and without #reBudice to the ri hts of the Railway under the Section 20= Su.3Section :2; and Section 2= Su.3Section :*; of the aforesaid Act= the Railway shall .e at li.erty to reco?er such a(ount or #art thereof .y deductin it fro( the Security $e#osit andDor fro( any su( due .y the Railway to the contractor whether under the contract or otherwise! 'he Railway shall not .e .ound to contest any clai( (ade a ainst it under Su.3Section :1; of Section 20 and Su.3Section :*; of Section 21 of the aforesaid Act e2ce#t on the written reFuest of the Contractor and u#on his i?in to the Railway full security for all costs for which the Railway (i ht .eco(e lia.le in contestin such clai(! 'he decision of the Railway re ardin the a(ount actually reco?era.le fro( the contractor as stated a.o?e shall .e final and .indin on the Contractor! 99-H7 Pr+I'*'+#* +( E)-l+yee* Pr+I'$e#! Fu#$ a#$ &'* ella#e+u* Pr+I'*'+#* A !1 1?92 ,
'he Contractor shall co(#ly with the #ro?isions of Para 30 C 3"3@ of the ,(#loyees Pro?ident &und Sche(e= 1/+2N Para 3 C * of ,(#loyees8 Pension Sche(e= 1//+N and Para % C ) of ,(#loyees $e#osit >in1ed Insurance Sche(e= 1/%"N as (odified fro( ti(e to ti(e throu h enact(ent of J,(#loyees Pro?ident &und C -iscellaneous Pro?isions Act= 1/+2J= where?er a##lica.le and shall also inde(nify the Railway fro( and a ainst any clai(s under the aforesaid Act and the Rules! RAuthority 4 Railway @oard8s letter no! 2012DC,3IDC'DOD22= dated 1*!12!2012S 9;7 Re-+r!'#" O( A '$e#!* T+ Lab+ur , 'he Contractor shall .e res#onsi.le for the safety of all e(#loyees directly or throu h #etty contractors or su.3contractor e(#loyed .y hi( on the wor1s and shall re#ort serious accidents to any of the( howe?er and where?er occurrin on the wor1s to the ,n ineer or the ,n ineers Re#resentati?e and shall (a1e e?ery arran e(ents to render all #ossi.le assistance! 9<7 Pr+I'*'+# O( .+r/)e#B* C+)-e#*a!'+# A ! , In e?ery case in which .y ?irtue of the #ro?isions of Section 12 Su.3Section :1; of the 0or1(enEs Co(#ensation Act 1/23= Railway is o.li ed to #ay co(#ensation to a wor1(an directly or throu h #etty contractor or su.contractor e(#loyed .y the Contractor in e2ecutin the wor1= Railway will reco?er fro( the Contractor the a(ount of the co(#ensation so #aid= and= without #reBudice to the ri hts of Railway under Section 12 Su.3section :2; of the said Act= Railway shall .e at li.erty to reco?er such a(ount or any #art thereof .y deductin it fro( the Security $e#osit or fro( any su( due .y Railway to the Contractor whether under these conditions or otherwise= Railway shall not .e .ound to contest any clai( (ade a ainst it under Section 12 Su.3Section :1; of the said Act e2ce#t on the written reFuest of the Contractor and u#on his i?in to Railway full security for all costs for which Railway (i ht .eco(e lia.le in conseFuence of contestin such clai(! 9<-A7 Pr+I'*'+# O( &'#e* A ! , 'he Contractor shall o.ser?e and #erfor( all the #ro?isions of the -ines Act= 1/+2 or any statutory (odifications or re3enact(ent thereof for the ti(e .ein in force and any rules and re ulations (ade thereunder in res#ect of all the #ersons directly or throu h the #etty contractors or su.3contractors e(#loyed .y hi( under this contract and shall inde(nify the Railway fro( and a ainst any clai(s under the -ines Act= or the rules and re ulations fra(ed thereunder= .y or on .ehalf of any #ersons e(#loyed .y hi( or otherwise! 9>7 Ra'l=ay N+! T+ Pr+I'$e Duar!er* F+r C+#!ra !+r* , Ao Fuarters shall nor(ally .e #ro?ided .y the Railway for the acco((odation of the Contractor or any of his staff e(#loyed
Pa e +0
on the wor1! In e2ce#tional cases where acco((odation is #ro?ided to the Contractor at the RailwayEs discretion= reco?eries shall .e (ade at such rates as (ay .e fi2ed .y the Railway for the full rent of the .uildin s and eFui#(ents therein as well as char es for electric current= water su##ly and conser?ancy! 9?7213 Lab+ur Ca)-* , 'he Contractor shall at his own e2#ense (a1e adeFuate arran e(ents for the housin = su##ly of drin1in water and #ro?ision of latrines and urinals for his staff and wor1(en= directly or throu h the #etty contractors or su.3contractors and for te(#orary creche :@al3(andir; where +0 or (ore wo(en are e(#loyed at a ti(e! Suita.le sites on Railway land= if a?aila.le= (ay .e allotted to the Contractor for the erection of la.our ca(#s= either free of char e or on such ter(s and conditions that (ay .e #rescri.ed .y the Railway! All ca(# sites shall .e (aintained in clean and sanitary conditions .y the Contractor at his own cost! 9?7223 C+)-l'a# e T+ Rule* F+r E)-l+y)e#! O( Lab+ur , 'he Contractor:s; shall confor( to all laws= .ye3laws rules and re ulations for the ti(e .ein in force #ertainin to the e(#loy(ent of local or i(#orted la.our and shall ta1e all necessary #recautions to ensure and #reser?e the health and safety of all staff e(#loyed directly or throu h #etty Contractors or Su.3 Contractors on the wor1s! 9?7233 Pre*erIa!'+# O( Pea e , 'he Contractor shall ta1e reFuisite #recautions and use his .est endea?ours to #re?ent any riotous or unlawful .eha?iour .y or a(on st his wor1(en and other e(#loyed directly or throu h the #etty contractors or su.3contractors on the wor1s and for the #reser?ation of #eace and #rotection of the inha.itants and security of #ro#erty in the nei h.ourhood of the wor1s! In the e?ent of the Railway reFuirin the (aintenance of a s#ecial Police &orce at or in the ?icinity of the site durin the tenure of wor1s= the e2#enses thereof shall .e .orne .y the Contractor and if #aid .y the Railway shall .e reco?era.le fro( the Contractor! 9?7283 Sa#'!ary Arra#"e)e#!* , 'he Contractor shall o.ey all sanitary rules and carry out all sanitary (easures that (ay fro( ti(e to ti(e .e #rescri.ed .y the Railway -edical Authority and #er(it ins#ection of all sanitary arran e(ents at all ti(es .y the ,n ineer= the ,n ineerEs Re#resentati?e or the -edical Staff of the Railway! Should the Contractor fail to (a1e the adeFuate sanitary arran e(ents= these will .e #ro?ided .y the Railway and the cost therefore reco?ered fro( the Contractor! 9?7293 Ou!brea/ O( I#(e !'+u* D'*ea*e , 'he Contractor shall re(o?e fro( his ca(# such la.our and their fa(ilies as refuse #rotecti?e inoculation and ?accination when called u#on to do so .y the ,n ineer or the ,n ineerEs Re#resentati?e on the ad?ice of the Railway= -edical Authority! Should Cholera= #la ue= or other infectious disease .rea1 out= the Contractor shall .urn the huts= .eddin s= clothes and other .elon in s of or used .y the infected #arties and #ro(#tly erect new huts on healthy sites as reFuired .y the ,n ineer= failin which within the ti(e s#ecified in the ,n ineerEs reFuisition= the wor1 (ay .e done .y the Railway and the cost therefore reco?ered fro( the Contractor! 9?72;3 Trea!)e#! O( C+#!ra !+rG* S!a(( I# Ra'l=ay 4+*-'!al* , 'he Contractor and his staff= other than la.ourers and their fa(ilies reFuirin (edical aid fro( the Railway <os#ital and dis#ensaries will .e treated as #ri?ate #atients and char ed accordin ly! 'he ContractorsE la.ourers and their &a(ilies will .e ranted free treat(ent in Railway <os#itals and dis#ensaries where no other <os#itals or dis#ensaries are a?aila.le #ro?ided the Contractor #ays the cost of (edicines= dressin and diet (oney accordin to the nor(al scale and additional char es for s#ecial e2a(inations such as #atholo ical and .acteriolo ical e2a(ination= K3Ray= etc! and for sur ical o#eration! 9?72<3 &e$' al Fa 'l'!'e* A! S'!e , 'he Contractor shall #ro?ide (edical facilities at the site as (ay .e #rescri.ed .y the ,n ineer on the ad?ice of the Railway -edical Authority in relation to the stren th of the ContractorEs resident staff and wor1(en!
Pa e +1
9?72>3 U*e O( I#!+%' a#!* , 'he sale of ardent s#irits or other into2icatin .e?era es u#on the wor1 or in any of the .uildin s= enca(#(ents or tene(ents owned= occu#ied .y or within the control of the Contractor or any of his e(#loyees shall .e for.idden and the Contractor shall e2ercise his influence and authority to the ut(ost e2tent to secure strict co(#liance with this condition! 9?72?3 N+#-E)-l+y)e#! O( Fe)ale Lab+ur , 'he Contractor shall see that the e(#loy(ent of fe(ale la.our onDin Canton(ent areas= #articularly in the nei h.ourhood of soldiers .arrac1s= should .e a?oided as far as #ossi.le! 9?72103 Re*!r' !'+#* O# T:e E)-l+y)e#! O( Re!'re$ E#"'#eer* O( Ra'l=ay SerI' e* .'!:'# T=+ Aear* O( T:e'r Re!'re)e#! , 'he Contractor shall not= if he is a retired Go?ern(ent ,n ineer of GaMetted ran1= hi(self en a e in or e(#loy or associate a retired Go?ern(ent ,n ineer of GaMetted ran1= who has not co(#leted two years fro( the date of retire(ent= in connection with this contract in any (anner whatsoe?er without o.tainin #rior #er(ission of the President and if the Contractor is found to ha?e contra?ened this #ro?ision it will constitute a .reach of contract and ad(inistration will .e entitled to ter(inate the contract at the ris1 and cost of the contractor and forfeit his Security $e#osit! ;07213 N+#-E)-l+y)e#! O( Lab+urer* Hel+= T:e A"e O( 19 , 'he Contractor shall not e(#loy children .elow the a e of 1+ as la.ourers directly or throu h #etty contractors or su.3 contractors for the e2ecution of wor1! ;07223 &e$' al Cer!'(' a!e O( F'!#e** F+r Lab+ur , It is a reed that the contractor shall not e(#loy a #erson a.o?e 1+ and .elow 1/ years of a e for the #ur#ose of e2ecution of wor1 under the contract unless a (edical certificate of fitness in the #rescri.ed for( :Profor(a at Anne2ure37III; ranted to hi( .y a certifyin sur eon certifyin that he is fit to wor1 as an adult= is o.tained and 1e#t in the custody of the contractor or a #erson no(inated .y hi( in this .ehalf and the #erson carries with hi(= while at wor1N a to1en i?in a reference to such certificate! It is further a reed that the res#onsi.ility for ha?in the adolescent e2a(ined (edically at the ti(e of a##oint(ent or #eriodically till he attains the a e of 1/ years shall de?ol?e entirely on the contractor and all the e2#enses to .e incurred on this account shall .e .orne .y hi( and no fee shall .e char ed fro( the adolescent or his #arent for such (edical e2a(ination! ;07233 Per'+$ O( 0al'$'!y O( &e$' al F'!#e** Cer!'(' a!e , A certificate of fitness ranted or renewed for the a.o?e said #ur#oses shall .e ?alid only for a #eriod of one year at a ti(e! 'he certifyin sur eon shall re?o1e a certificate ranted or renewed if in his o#inion the holder of it is= no lon er fit for wor1 in the ca#acity stated therein! 0here a certifyin sur eon refuses to rant or renew a certificate or re?o1e a certificate= he shall= if so reFuired .y the #erson concerned= state his reasons in writin for doin so! ;07283 &e$' al Re-E%a)'#a!'+# O( Lab+urer , 0here any official a##ointed in this .ehalf .y the -inistry of >a.our is of the o#inion that any #erson e(#loyed in connection with the e2ecution of any wor1 under this contract in the a e rou# 1+ to 1/ years is without a certificate of fitness or is ha?in a certificate of fitness .ut no lon er fit to wor1 in the ca#acity stated in the certificate= he (ay ser?e on the Contractor= or on the #erson no(inated .y hi( in this re ard= a notice reFuirin that such #ersons shall .e e2a(ined .y a certifyin sur eon and such #erson shall not if the concerned official so directs= .e e(#loyed or #er(itted to do any wor1 under this contract unless he has .een (edically e2a(ined and certified that he has .een ranted a certificate of fitness or a fresh certificate of fitness= as the case (ay .e! EXPLANATIONS , :1; Only Hualified -edical Practitioners can .e a##ointed as ICertifyin Sur eonsI and the ter( IHualified -edical PractitionersI (eans a #erson holdin a Fualification ranted .y an authority s#ecified in the Schedule to the Indian -edical $e rees Act= 1/1" :7II to 1/1"; or in the Schedule to the Indian -edical Council Act= 1/33 :KK7II; of 1/33! Pa e +2
:2;
'he Certifyin Cor#oration!
sur eon (ay .e a (edical officer in the ser?ice of State or -unici#al
DETER&INATION OF CONTRACT
;17213 R'":! O( Ra'l=ay T+ De!er)'#e T:e C+#!ra ! , 'he Railway shall .e entitled to deter(ine and ter(inate the contract at any ti(e should= in the RailwayEs o#inion= the cessation of wor1 .eco(es necessary owin to #aucity of funds or fro( any other cause whate?er= in which case the ?alue of a##ro?ed (aterials at site and of wor1 done to date .y the Contractor will .e #aid for in full at the rate s#ecified in the contract! Aotice in writin fro( the Railway of such deter(ination and the reasons therefor shall .e conclusi?e e?idence thereof! ;17223 Pay)e#! O# De!er)'#a!'+# O( C+#!ra ! , Should the contract .e deter(ined under su. clause :1; of this clause and the Contractor clai(s #ay(ent for e2#enditure incurred .y hi( in the e2#ectation of co(#letin the whole of the wor1= the Railways shall ad(it and consider such clai(s as are dee(ed reasona.le and are su##orted .y ?ouchers to the satisfaction of the ,n ineer! 'he RailwayEs decision on the necessity and #ro#riety of such e2#enditure shall .e final and conclusi?e! ;17233 'he Contractor shall ha?e no clai( to any #ay(ent of co(#ensation or otherwise= howsoe?er on account of any #rofit or ad?anta e which he (i ht ha?e deri?ed fro( the e2ecution of the wor1 in full .ut which he did not deri?e in conseFuence of deter(ination of contract! ;27213 should4 :i; De!er)'#a!'+# O( C+#!ra ! O='#" T+ De(aul! O( C+#!ra !+r , If the Contractor @eco(es .an1ru#t or insol?ent= or :ii; -a1e an arran e(ent with of assi n(ent in fa?our of his creditors= or a ree to carry out the contract under a Co((ittee of Ins#ection of his creditors= or :iii; :i?; :?; :?i; :?ii; :?iii; :i2; @ein a Co(#any or Cor#oration= o into liFuidation :other than a ?oluntary liFuidation for the #ur#oses of a(al a(ation or reconstruction;= or <a?e an e2ecution le?ied on his oods or #ro#erty on the wor1s= or Assi n the contract or any #art thereof otherwise than as #ro?ided in Clause % of these Conditions= or A.andon the contract= or Persistently disre ard the instructions of the ,n ineer= or contra?ene any #ro?ision of the contract= or &ail to adhere to the a reed #ro ra((e of wor1 .y a (ar in of 10O of the sti#ulated #eriod= or &ail to re(o?e (aterials fro( the site or to #ull down and re#lace wor1 after recei?in fro( the ,n ineer notice to the effect that the said (aterials or wor1s ha?e .een conde(ned or reBected under Clause 2+ and 2% of these Conditions= or &ail to ta1e ste#s to e(#loy co(#etent or additional staff and la.our as reFuired under Clause 2" of the Conditions= or &ail to afford the ,n ineer or ,n ineerEs re#resentati?e #ro#er facilities for ins#ectin the wor1s or any #art thereof as reFuired under Clause 2) of the Conditions= or Pro(ise= offer or i?e any .ri.e= co((ission= ift or ad?anta e either hi(self or throu h his #artner= a ent or ser?ant to any officer or e(#loyee of the Railway or to any #erson on his or on their .ehalf in relation to the e2ecution of this or any other contract with this Railway! Pa e +3
:2; :2i; :2ii;
:2iii;
:A;
At any ti(e after the tender relatin to the contract= has .een si ned and su.(itted .y the Contractor= .ein a #artnershi# fir( ad(it as one of its #artners or e(#loyee under it or .ein an incor#orated co(#any elect or no(inate or allow to act as one of its directors or e(#loyee under it in any ca#acity whatsoe?er any retired en ineer of the aMetted ran1 or any other retired aMetted officer wor1in .efore his retire(ent= whether in the e2ecuti?e or ad(inistrati?e ca#acity= or whether holdin any #ensiona.le #ost or not= in the Railways for the ti(e .ein owned and ad(inistered .y the President of India .efore the e2#iry of two years fro( the date of retire(ent fro( the said ser?ice of such ,n ineer or Officer unless such ,n ineer or Officer has o.tained #er(ission fro( the President of India or any officer duly authoriMed .y hi( in this .ehalf to .eco(e a #artner or a director or to ta1e e(#loy(ent under the contract as the case (ay .e= or &ail to i?e at the ti(e of su.(ittin the said tender 4 :a; 'he correct infor(ation as to the date of retire(ent of such retired en ineer or retired officer fro( the said ser?ice= or as to whether any such retired en ineer or retired officer was under the e(#loy(ent of the Contractor at the ti(e of su.(ittin the said tender= or 'he correct infor(ation as to such en ineers or officers o.tainin #er(ission to ta1e e(#loy(ent under the Contractor= or @ein a #artnershi# fir(= the correct infor(ation as to= whether any of its #artners was such a retired en ineer or a retired officer= or @ein in incor#orated co(#any= correct infor(ation as to whether any of its directors was such a retired en ineer or a retired officer= or @ein such a retired en ineer or retired officer su##ress and not disclose at the ti(e of su.(ittin the said tender the fact of his .ein such a retired en ineer or a retired officer or (a1e at the ti(e of su.(ittin the said tender a wron state(ent in relation to his o.tainin #er(ission to ta1e the contract or if the Contractor .e a #artnershi# fir( or an incor#orated co(#any to .e a #artner or director of such fir( or co(#any as the case (ay .e or to see1 e(#loy(ent under the Contractor!
:@;
:.; :c; :d; :e;
'hen and in any of the said Clause= the ,n ineer on .ehalf of the Railway (ay ser?e the Contractor with a notice :Profor(a at Anne2ure3IK; in writin to that effect and if the Contractor does not within se?en days after the deli?ery to hi( of such notice #roceed to (a1e ood his default in so far as the sa(e is ca#a.le of .ein (ade ood and carry on the wor1 or co(#ly with such directions as aforesaid of the entire satisfaction of the ,n ineer= the Railway shall .e entitled after i?in *) hours8 notice :Profor(a at Anne2ure3K; in writin under the hand of the ,n ineer to rescind the contract as a whole or in #art or #arts :as (ay .e s#ecified in such notice; and after e2#iry of *) hours8 notice= a final ter(ination notice :Profor(a at Anne2ure3KI; should .e issued and ado#t either or .oth of the followin courses 4 :2; 'o carry out the whole or #art of the wor1 fro( which the contractor has .een re(o?ed .y the e(#loy(ent of the reFuired la.our and (aterials= the costs of which shall include lead= lift= frei ht= su#er?ision and all incidental char es! 'o (easure u# the whole or #art of the wor1 fro( which the contractor has .een re(o?ed and et it co(#leted .y another contractor= the (anner and (ethod in which such wor1 is co(#leted shall .e in the entire discretion of the ,n ineer whose decision shall .e final 4
:y;
And in .oth cases :2; and :y; (entioned a.o?e= the Railway shall .e entitled :i; to forfeit the whole or such #ortion of the Security $e#osit as it (ay consider fit= and :ii; to reco?er fro( the Contractor the cost of carryin out the wor1 in e2cess of the su( which would ha?e .een #aya.le accordin to the certificate of the ,n ineer to the Contractor= if the wor1s had .een carried out .y the Contractor under the ter(s of the contract= such certificate .ein final
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and .indin u#on the contractor= #ro?ided= howe?er= that such reco?ery shall .e (ade only when the cost incurred in e2cess is (ore than the Security $e#osit #ro#osed to .e forfeited and shall .e li(ited to the a(ount .y which the cost incurred in e2cess e2ceeds the Security $e#osit #ro#osed to .e forfeited! 'he a(ount= thus= to .e forfeited or reco?ered (ay .e deducted fro( any (oneys then due or which at any ti(e thereafter (ay .eco(e due to the Contractor .y the Railway under this or any other Contract or otherwise! Pro?ided always that in any case in which any of #ower conferred u#on the Railway .y Su. Clause :1; of Clause "2 hereof shall ha?e .eco(e e2ercisa.le and the sa(e shall not .e e2ercised= the non3e2ercise thereof shall not constitute a wai?er of any of the conditions thereof and such #owers shall not withstandin .e e2ercisa.le in the e?ent of any future case of default .y the contractor for which his lia.ility for #ast and future shall re(ain unaffected! ;27223 R'":! O( Ra'l=ay A(!er Re* '**'+# O( C+#!ra ! O='#" T+ De(aul! O( C+#!ra !+r , In the e?ent of any or se?eral of the courses= referred to in Su.3Clause :1; of this Clause= .ein ado#ted 4 :a; 'he Contractor shall ha?e no clai( to co(#ensation for any loss sustained .y hi( .y reason of his ha?in #urchased or #rocured any (aterials or entered into any co((it(ents or (ade any ad?ances on account of or with a ?iew to the e2ecution of the wor1s or the #erfor(ance of the contract and Contractor shall not .e entitled to reco?er or .e #aid any su( for any wor1 thereto for actually #erfor(ed under the contract unless and until the ,n ineer shall ha?e certified the #erfor(ance of such wor1 and the ?alue #aya.le in res#ect thereof and the Contractor shall only .e entitled to .e #aid the ?alue so certified! 'he ,n ineer or the ,n ineerEs Re#resentati?e shall .e entitled to ta1e #ossession of any (aterials= tools= i(#le(ents= (achinery and .uildin s on the wor1s or on the #ro#erty on which these are .ein or ou ht to ha?e .een e2ecuted= and to retain and e(#loy the sa(e in the further e2ecution of the wor1s or any #art thereof until the co(#letion of the wor1s without the Contractor .ein entitled to any co(#ensation for the use and e(#loy(ent thereof or for wear and tear or destruction thereof! 'he ,n ineer shall as soon as (ay .e #ractica.le after re(o?al of the Contractor fi2 and deter(ine e23#arte or .y or after reference to the #arties or after such in?esti ation or enFuiries as he (ay consider fit to (a1e or institute and shall certify what a(ount :if any; had at the ti(e of rescission of the contract .een reasona.ly earned .y or would reasona.ly accrue to the Contractor in res#ect of the wor1 then actually done .y hi( under the contract and what was the ?alue of any unused= or #artially used (aterials= any constructional #lant and any te(#orary wor1s u#on the site! 'he le iti(ate a(ount due to the contractor after (a1in necessary deductions and certified .y the ,n ineer should .e released e2#editiously!
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SETTLE&ENT OF DISPUTES E INDIAN RAIL.AA ARHITRATION RULES

;37 &a!!er* F'#ally De!er)'#e$ Hy T:e Ra'l=ay , All dis#utes and differences of any 1ind whatsoe?er arisin out of or in connection with the contract= whether durin the #ro ress of the wor1 or after its co(#letion and whether .efore or after the deter(ination of the contract= shall .e referred .y the contractor to the G- and the G- shall= within 120 days after recei#t of the contractor8s re#resentation= (a1e and notify decisions on all (atters referred to .y the contractor in writin #ro?ided that (atters for which #ro?ision has .een (ade in Clauses )= 1)= 22:+;= 3/= *3:2;= *+:a;= ++= ++3A:+;= +%= +%A="1:1;= "1:2; and "2:1; to :2iii;:@; of General Conditions of Contract or in any Clause of the S#ecial Conditions of the Contract shall .e dee(ed as Qe2ce#ted (atters8 :(atters not ar.itra.le;and decisions of the Railway authority= thereon shall .e final and .indin on the contractorN #ro?ided further that Qe2ce#ted (atters8 shall stand s#ecifically e2cluded fro( the #ur?iew of the Ar.itration Clause!
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;87213
De)a#$ F+r Arb'!ra!'+# ,
;87213 2'3 - In the e?ent of any dis#ute or difference .etween the #arties hereto as to the construction or o#eration of this contract= or the res#ecti?e ri hts and lia.ilities of the #arties on any (atter in Fuestion= dis#ute or difference on any account or as to the withholdin .y the Railway of any certificate to which the contractor (ay clai( to .e entitled to= or if the Railway fails to (a1e a decision within 120 days= then and in any such case= .ut e2ce#t in any of the Le2ce#ted (attersJ referred to in Clause "3 of these Conditions= the contractor= after 120 days .ut within 1)0 days of his #resentin his final clai( on dis#uted (atters shall de(and in writin that the dis#ute or difference .e referred to ar.itration! ;87213 2''3 - 'he de(and for ar.itration shall s#ecify the (atters which are in Fuestion= or su.Bect of the dis#ute or difference as also the a(ount of clai( ite(3wise! Only such dis#ute:s;or difference:s; in res#ect of which the de(and has .een (ade= to ether with counter clai(s or set off= i?en .y the Railway1 shall .e referred to ar.itration and other (atters shall not .e included in the reference! ;87213 2'''3- :a; 'he Ar.itration #roceedin s shall .e assu(ed to ha?e co((enced fro( the day= a written and ?alid de(and for ar.itration is recei?ed .y the Railway! :.; 'he clai(ant shall su.(it his clai( statin the facts su##ortin the clai(s alon with all the rele?ant docu(ents and the relief or re(edy sou ht a ainst each clai( within a #eriod of 30 days fro( the date of a##oint(ent of the Ar.itral 'ri.unal! :c; 'he Railway shall su.(it its defence state(ent and counter clai(:s;= if any= within a #eriod of "0 days of recei#t of co#y of clai(s fro( 'ri.unal thereafter= unless otherwise e2tension has .een ranted .y 'ri.unal! :d; Place of Ar.itration 4 'he #lace of ar.itration would .e within the eo ra#hical li(its of the $i?ision of the Railway where the cause of action arose or the <eadFuarters of the concerned Railway or any other #lace with the written consent of .oth the #arties! ;87213 2'I3 - Ao new clai( shall .e added durin #roceedin s .y either #arty! <owe?er= a #arty (ay a(end or su##le(ent the ori inal clai( or defence thereof durin the course of ar.itration #roceedin s su.Bect to acce#tance .y 'ri.unal ha?in due re ard to the delay in (a1in it! ;87213 2I3 - If the contractor:s; doesDdo not #refer hisDtheir s#ecific and final clai(s in writin = within a #eriod of /0 days of recei?in the inti(ation fro( the Railways that the final .ill is ready for #ay(ent= heDthey will .e dee(ed to ha?e wai?ed hisDtheir clai(:s; and the Railway shall .e dischar ed and released of all lia.ilities under the contract in res#ect of these clai(s! ;87223 Obl'"a!'+# Dur'#" Pe#$e# y O( Arb'!ra!'+# , 0or1 under the contract shall= unless otherwise directed .y the ,n ineer= continue durin the ar.itration #roceedin s= and no #ay(ent due or #aya.le .y the Railway shall .e withheld on account of such #roceedin s= #ro?ided= howe?er= it shall .e o#en for Ar.itral 'ri.unal to consider and decide whether or not such wor1 should continue durin ar.itration #roceedin s! ;87233 A--+'#!)e#! +( Arb'!ra!+r ,
;87233 2a32'3 - In cases where the total ?alue of all clai(s in Fuestion added to ether does not e2ceed Rs! 10=00=000 :Ru#ees ten la1h only;= the Ar.itral 'ri.unal shall consist of a Sole Ar.itrator who shall .e a GaMetted Officer of Railway not .elow JA Grade= no(inated .y the General -ana er! 'he sole ar.itrator shall .e a##ointed within "0 days fro( the day when a written and ?alid de(and for ar.itration is recei?ed .y G-! ;87233 2a32''3 - In cases not co?ered .y the Clause "*:3;:a;:i;= the Ar.itral 'ri.unal shall consist of a Panel of three GaMetted Railway Officers not .elow JA Grade or 2 Railway GaMetted
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Officers not .elow JA Grade and a retired Railway Officer= retired not .elow the ran1 of SAG Officer1 as the ar.itrators! &or this #ur#ose= the Railway will send a #anel of (ore than 3 na(es of GaMetted Railway Officers of one or (ore de#art(ents of the Railway which (ay also include the na(e:s; of retired Railway Officer:s; e(#anelled to wor1 as Railway Ar.itrator to the contractor within "0 days fro( the day when a written and ?alid de(and for ar.itration is recei?ed .y the G-! Contractor will .e as1ed to su est to General -ana er at least 2 na(es out of the #anel for a##oint(ent as contractor8s no(inee within 30 days fro( the date of dis#atch of the reFuest .y Railway! 'he General -ana er shall a##oint at least one out of the( as the contractor8s no(inee and will= also si(ultaneously a##oint the .alance nu(.er of ar.itrators either fro( the #anel or fro( outside the #anel= duly indicatin the Q#residin ar.itrator8 fro( a(on st the 3 ar.itrators so a##ointed! G- shall co(#lete this e2ercise of a##ointin the Ar.itral 'ri.unal within 30 days fro( the recei#t of the na(es of contractor8s no(inees! 0hile no(inatin the ar.itrators= it will .e necessary to ensure that one of the( is fro( the Accounts $e#art(ent! An officer of Selection Grade of the Accounts $e#art(ent shall .e considered of eFual status to the officers in SA rade of other de#art(ents of the Railway for the #ur#ose of a##oint(ent of ar.itrator! ;87233 2a32'''3 - If one or (ore of the ar.itrators a##ointed as a.o?e refuses to act as ar.itrator= withdraws fro( his office as ar.itrator= or ?acates hisDtheir officeDoffices or isDare una.le or unwillin to #erfor( his functions as ar.itrator for any reason whatsoe?er or dies or in the o#inion of the General -ana er fails to act without undue delay= the General -ana er shall a##oint new ar.itratorDar.itrators to act in hisDtheir #lace in the sa(e (anner in which the earlier ar.itratorDar.itrators had .een a##ointed! Such re3constituted 'ri.unal (ay= at its discretion= #roceed with the reference fro( the sta e at which it was left .y the #re?ious ar.itrator :s;! ;87233 2a32'I3 - 'he Ar.itral 'ri.unal shall ha?e #ower to call for such e?idence .y way of affida?its or otherwise as the Ar.itral 'ri.unal shall thin1 #ro#er= and it shall .e the duty of the #arties hereto to do or cause to .e done all such thin s as (ay .e necessary to ena.le the Ar.itral 'ri.unal to (a1e the award without any delay! 'he Ar.itral 'ri.unal should record day to3day #roceedin s! 'he #roceedin s shall nor(ally .e conducted on the .asis of docu(ents and written state(ents! ;87233 2a32I3 - 0hile a##ointin ar.itrator:s; under Su.3Clause :i;= :ii; C :iii; a.o?e= due care shall .e ta1en that heDthey isDare not the oneDthose who had an o##ortunity to deal with the (atters to which the contract relates or who in the course of hisDtheir duties as Railway ser?ant:s; e2#ressed ?iews on all or any of the (atters under dis#ute or differences! 'he #roceedin s of the Ar.itral 'ri.unal or the award (ade .y such 'ri.unal will= howe?er= not .e in?alid (erely for the reason that one or (ore ar.itrator had= in the course of his ser?ice= o##ortunity to deal with the (atters to which the contract relates or who in the course of hisDtheir duties e2#ressed ?iews on all or any of the (atters under dis#ute! ;87233 2b32'3 - 'he ar.itral award shall state ite( wise= the su( and reasons u#on which it is .ased! 'he analysis and reasons shall .e detailed enou h so that the award could .e inferred therefro(! ;87233 2b32''3 - A #arty (ay a##ly for corrections of any co(#utational errors= any ty#o ra#hical or clerical errors or any other error of si(ilar nature occurrin in the award of a 'ri.unal and inter#retation of a s#ecific #oint of award to 'ri.unal within "0 days of recei#t of the award! ;87233 2b32'''3 - A #arty (ay a##ly to 'ri.unal within "0 days of recei#t of award to (a1e an additional award as to clai(s #resented in the ar.itral #roceedin s .ut o(itted fro( the ar.itral award!
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;87283 In case of the 'ri.unal= co(#risin of three -e(.ers= any rulin on award shall .e (ade .y a (aBority of -e(.ers of 'ri.unal! In the a.sence of such a (aBority= the ?iews of the Presidin Ar.itrator shall #re?ail! ;87293 0here the ar.itral award is for the #ay(ent of (oney= no interest shall .e #aya.le on whole or any #art of the (oney for any #eriod till the date on which the award is (ade! ;872;3 'he cost of ar.itration shall .e .orne .y the res#ecti?e #arties! 'he cost shall inter3alia include fee of the ar.itrator:s;= as #er the rates fi2ed .y Railway @oard fro( ti(e to ti(e and the fee shall .e .orne eFually .y .oth the #arties! &urther= the fee #aya.le to the ar.itrator:s; would .e o?erned .y the instructions issued on the su.Bect .y Railway @oard fro( ti(e to ti(e irres#ecti?e of the fact whether the ar.itrator:s; isDare a##ointed .y the Railway Ad(inistration or .y the court of law unless s#ecifically directed .y <on8.le court otherwise on the (atter! ;872<3 Su.Bect to the #ro?isions of the aforesaid Ar.itration and Conciliation Act 1//" and the rules thereunder and any statutory (odifications thereof shall a##ly to the ar.itration #roceedin s under this Clause!
JOINT 0ENTURE 2J03 FIR&S IN .OR6S TENDERS

;97 Par!' '-a!'+# O( J+'#! 0e#!ure 2J03 F'r)* I# .+r/* Te#$er , 'his Clause shall .e a##lica.le for wor1s tenders of ?alue as a##ro?ed and co((unicated .y Railway @oard fro( ti(e to ti(e! ;971 Se#arate identityDna(e shall .e i?en to the Joint 7enture &ir(!
;972 Au(.er of (e(.ers in a J7 &ir( shall not .e (ore than three= if the wor1 in?ol?es only one de#art(ent :say Ci?il or SC' or ,lectrical or -echanical; and shall not .e (ore than fi?e= if the wor1 in?ol?es (ore than one de#art(ent! ;973 A (e(.er of J7 &ir( shall not .e #er(itted to #artici#ate either in indi?idual ca#acity or as a (e(.er of another J7 &ir( in the sa(e tender! ;978 'he tender for( shall .e #urchased and su.(itted only in the na(e of the J7 &ir( and not in the na(e of any constituent (e(.er! ;979 Aor(ally ,arnest -oney $e#osit :,-$; shall .e su.(itted only in the na(e of the J7 &ir( and not in the na(e of constituent (e(.er! <owe?er= in e2ce#tional cases ,-$ in the na(e of >ead -e(.er can .e acce#ted su.Bect to su.(ission of s#ecific reFuest letter fro( >ead -e(.er statin the reasons for not su.(ittin ,-$ in the na(e of J7 &ir( and i?in written confir(ation fro( J7 (e(.ers to the effect that ,-$ su.(itted .y the >ead -e(.er (ay .e dee(ed as ,-$ su.(itted .y J7 &ir(! ;97; One of the (e(.ers of the J7 &ir( shall .e its >ead -e(.er who shall ha?e a (aBority :at least +1O; share of interest in the J7 &ir( and also= (ust ha?e satisfactorily co(#leted in the last three #re?ious financial years and the current financial year u#to the date of o#enin of the tender= one si(ilar sin le wor1 for a (ini(u( ?alue of 3+O of ad?ertised tender ?alue! 'he other (e(.ers shall ha?e a share of not less than 20O each in case of J7 &ir(s with u#to three (e(.ers and not less than 10O each in case of J7 &ir(s with (ore than three (e(.ers! In case of J7 &ir( with forei n (e(.er:s;= the >ead -e(.er has to .e an Indian &ir( with a (ini(u( share of +1O! ;97< A co#y of -e(orandu( of 6nderstandin :-o6; e2ecuted .y the J7 (e(.ers shall .e su.(itted .y the J7 &ir( alon with the tender! 'he co(#lete details of the (e(.ers of the J7 &ir(= their share and res#onsi.ility in the J7 &ir( etc! #articularly with reference to financial= technical and other o.li ations shall .e furnished in the -o6! :'he -o6 for(at for this #ur#ose shall .e finaliMed .y the Railway in consultation with their >aw @ranch and shall .e enclosed
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alon with the tender;! ;97> Once the tender is su.(itted= the -o6 shall not .e (odified D altered D ter(inated durin the ?alidity of the tender! In case the tenderer fails to o.ser?eDco(#ly with this sti#ulation= the full ,arnest -oney $e#osit :,-$; shall .e lia.le to .e forfeited! ;97? A##ro?al for chan e of constitution of J7 &ir( shall .e at the sole discretion of the ,(#loyer :Railways;! 'he constitution of the J7 &ir( shall not .e allowed to .e (odified after su.(ission of the tender .id .y the J7 &ir(= e2ce#t when (odification .eco(es ine?ita.le due to succession laws etc! and in any case the (ini(u( eli i.ility criteria should not et ?itiated! <owe?er= the >ead -e(.er shall continue to .e the >ead -e(.er of the J7 &ir(! &ailure to o.ser?e this reFuire(ent would render the offer in?alid! ;9710 Si(ilarly= after the contract is awarded= the constitution of J7 &ir( shall not .e allowed to .e altered durin the currency of contract e2ce#t when (odification .eco(e ine?ita.le due to succession laws etc! and in any case the (ini(u( eli i.ility criteria should not et ?itiated! &ailure to o.ser?e this sti#ulation shall .e dee(ed to .e .reach of contract with all conseFuential #enal action as #er contract conditions! ;9711 On award of contract to a J7 &ir(= a sin le Perfor(ance Guarantee shall .e su.(itted .y the J7 &ir( as #er tender conditions! All the Guarantees li1e Perfor(ance Guarantee= @an1 Guarantee for -o.iliMation Ad?ance= -achinery Ad?ance etc! shall .e acce#ted only in the na(e of the J7 &ir( and no s#littin of uarantees a(on st the (e(.ers of the J7 &ir( shall .e #er(itted! ;9712 On issue of >OA :>etter Of Acce#tance;= an a ree(ent a(on the (e(.ers of the J7 &ir( :to who( the wor1 has .een awarded; shall .e e2ecuted and ot re istered .efore the Re istrar of the Co(#anies under Co(#anies Act or .efore the Re istrarDSu.3Re istrar under the Re istration Act= 1/0)! 'his J7 A ree(ent shall .e su.(itted .y the J7 &ir( to the Railways .efore si nin the contract a ree(ent for the wor1! In case the tenderer fails to o.ser?eDco(#ly with this sti#ulation= the full ,arnest -oney $e#osit :,-$; shall .e forfeited and other #enal actions due shall .e ta1en a ainst #artners of the J7 and the J7! 'his Joint 7enture A ree(ent shall ha?e= inter3alia= followin Clauses 4 ;971271 Joint And Se?eral >ia.ility 3 -e(.ers of the J7 &ir( to which the contract is awarded= shall .e Bointly and se?erally lia.le to the ,(#loyer :Railways; for e2ecution of the #roBect in accordance with General and S#ecial Conditions of Contract! 'he J7 (e(.ers shall also .e lia.le Bointly and se?erally for the loss= da(a es caused to the Railways durin the course of e2ecution of the contract or due to non3e2ecution of the contract or #art thereof! ;971272 $uration of the Joint 7enture A ree(ent 3 It shall .e ?alid durin the entire currency of the contract includin the #eriod of e2tension= if any and the (aintenance #eriod after the wor1 is co(#leted! ;971273 Go?ernin >aws 3 'he Joint 7enture A ree(ent shall in all res#ect .e o?erned .y and inter#reted in accordance with Indian >aws! ;9713 AuthoriMed -e(.er 3 Joint 7enture (e(.ers shall authoriMe one of the (e(.ers on .ehalf of the Joint 7enture &ir( to deal with the tender= si n the a ree(ent or enter into contract in res#ect of the said tender= to recei?e #ay(ent= to witness Boint (easure(ent of wor1 done= to si n (easure(ent .oo1s and si(ilar such action in res#ect of the said tenderDcontract! All noticesDcorres#ondences with res#ect to the contract would .e sent only to this authorised (e(.er of the J7 &ir(! ;9718 Ao (e(.er of the Joint 7enture &ir( shall ha?e the ri ht to assi n or transfer the interest ri ht or lia.ility in the contract without the written consent of the other (e(.ers and that of the e(#loyer :Railways; in res#ect of the said tenderDcontract! ;9719 $ocu(ents to .e enclosed .y the J7 &ir( alon with the tender 4 Pa e +/
;971971 In case one or (ore of the (e(.ers of the J7 &ir( isDare #artnershi# fir(:s;= followin docu(ents shall .e su.(itted 4 :a; :.; :c; Aotary certified co#y of the Partnershi# $eed= Consent of all the #artners to enter into the Joint 7enture A ree(ent on a sta(# #a#er of a##ro#riate ?alue :in ori inal;! Power of Attorney :duly re istered as #er #re?ailin law; in fa?our of one of the #artners of the #artnershi# fir( to si n the J7 A ree(ent on .ehalf of the #artnershi# fir( and create lia.ility a ainst the fir(!
;971972 In case one or (ore (e(.ers isDare Pro#rietary &ir( or <6&= the followin docu(ents shall .e enclosed 4 Affida?it on Sta(# Pa#er of a##ro#riate ?alue declarin that hisDher Concern is a Pro#rietary Concern and heDshe is sole #ro#rietor of the Concern OR heDshe is in #osition of IUAR'AI of <indu 6ndi?ided &a(ily :<6&; and heDshe has the authority= #ower and consent i?en .y other #artners to act on .ehalf of <6&! ;971973 In case one or (ore (e(.ers isDare li(ited co(#anies= the followin docu(ents shall .e su.(itted 4 :a; Aotary certified co#y of resolutions of the $irectors of the Co(#any= #er(ittin the co(#any to enter into a J7 a ree(ent= authoriMin -$ or one of the $irectors or -ana ers of the Co(#any to si n J7 A ree(ent= such other docu(ents reFuired to .e si ned on .ehalf of the Co(#any and enter into lia.ility a ainst the co(#any andDor do any other act on .ehalf of the co(#any! Co#y of -e(orandu( and Articles of Association of the Co(#any! Power of Attorney :duly re istered as #er #re?ailin law; .y the Co(#any authoriMin the #erson to doDact (entioned in the #ara :a; a.o?e!
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;971978 All the -e(.ers of J7 shall certify that they are not .lac1 listed or de.arred .y Railways or any other -inistryD$e#art(ent of the Go?t! of IndiaDState Go?t! fro( #artici#ation in tendersDcontract on the date of o#enin of .ids either in their indi?idual ca#acity as (e(.ers of the J7 or the J7 &ir( in which they wereDare (e(.ers! ;971; Credentials C Hualifyin Criteria , 'echnical and financial eli i.ility of the J7 &ir( shall .e adBud ed .ased on satisfactory fulfill(ent of the followin criteria 4 ;971;71 'echnical ,li i.ility Criteria :Qa8 or Q.8 (entioned hereunder; , :a; ,ither the J7 &ir( or >ead -e(.er of the J7 &ir( (ust ha?e satisfactorily co(#leted in the last three #re?ious financial years and the current financial year u#to the date of o#enin of the tender= one si(ilar sin le wor1 for a (ini(u( of 3+O of ad?ertised ?alue of the tender! OR :.; :i; In case of co(#osite wor1s :e! ! wor1s in?ol?in (ore than one distinct co(#onent= such as Ci?il ,n ineerin wor1s= SC' wor1s= ,lectrical wor1s= O<, wor1s etc! and in the case of (aBor .rid es su.structure= su#erstructure etc!;= for each co(#onent= at least 3+O of the ?alue of any of such co(#onents indi?idually for sin le si(ilar nature of wor1 should ha?e .een satisfactorily co(#leted .y the J7 &ir( or .y any (e(.er of the J7 &ir( in the #re?ious three financial years and the current financial year u#to the date of o#enin of tender! 'he (e(.er satisfyin technical eli i.ility criteria for the lar est co(#onent of the wor1 shall .e the >ead -e(.er and that -e(.er shall ha?e a (aBority :at least +1O; share of interest in the J7 &ir(!
:ii; In such cases= what constitutes a co(#onent in a co(#osite wor1 shall .e clearly #re3defined with esti(ated tender cost of it= as #art of the tender
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docu(ents without any a(.i uity! Any wor1 or set of wor1s shall .e considered to .e a se#arate co(#onent= only when cost of the co(#onent is (ore than Rs! 2 crore each! :iii; <owe?er= as lon as the J7 &ir( or any (e(.er of the J7 &ir( (eets with the reFuire(ents= in one or (ore co(#onents of the wor1= and has co(#leted a (ini(u( of 3+O of the ad?ertised ?alue of the tender for the sa(e ?alue of the co(#onent= and resultantly= all the (e(.ers of the J7 collecti?ely= then (eet the #rescri.ed technical eli i.ility criteria= the J7 shall stand technically Fualified! Aote 4 7alue of a co(#leted wor1 done .y a -e(.er in an earlier J7 &ir( shall .e rec1oned only to the e2tent of the concerned (e(.erEs share in that J7 &ir( for the #ur#ose of satisfyin hisDher co(#liance to the a.o?e (entioned technical eli i.ility criteria in the tender under consideration! ;971;72 &inancial ,li i.ility Criteria 4 'he contractual #ay(ents recei?ed .y the J7 &ir( or the arith(etic su( of contractual #ay(ents recei?ed .y all the (e(.ers of J7 &ir( in the #re?ious three financial years and the current financial year u#to the date of o#enin of tender shall .e at least 1+0O of the esti(ated ?alue of the wor1 as (entioned in the tender! Aote 4 Contractual #ay(ent recei?ed .y a -e(.er in an earlier J7 &ir( shall .e rec1oned only to the e2tent of the concerned (e(.erEs share in that J7 &ir( for the #ur#ose of satisfyin co(#liance of the a.o?e (entioned financial eli i.ility criteria in tender under consideration
RAuthority 4 Railway @oard8s letter no! 2002DC,3IDC'D3%= $ated 0%!0/!2011S WWWWWWW
Pa e "1
ANNEXURE - 0II
Re istered Ac1nowled e(ent $ue
PERFOR&A FOR TI&E EXTENSION

Ao! TTTTTTTTTTTTTTTTTTTTTTT $ated 4 TTTTTTTTTTTT
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
Su. 4
:i; :ii;
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT:na(e of wor1;! Acce#tance letter no! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
:iii; 6nderstandin DA ree(ent no! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Ref4 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT :Huote s#ecific a##lication of Contractor for e2tension to the date recei?ed; TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
$ear Sir= 'he sti#ulated date for co(#letion of the wor1 (entioned a.o?e is TTTTTTTTTTTTTTT! &ro( the #ro ress (ade so far and the #resent rate of #ro ress= it is unli1ely that the wor1 will .e co(#leted .y the a.o?e date :or Q<owe?er= the wor1 was not co(#leted on this date8;! 27 ,2#ectin that you (ay .e a.le to co(#lete the wor1= if so(e (ore ti(e is i?en= the co(#etent authority= althou h not .ound to do so= here.y e2tends the ti(e for co(#letion fro( TTTTTTTTTTTTTTTTT to TTTTTTTTTTTTTTTTTTT! 37 Please note that an a(ount eFual to the liFuidated da(a es for delay in the co(#letion[ of the wor1 after the e2#iry of TTTTTTTTTTTTTTTTTTTTTTT : i?e here the sti#ulated date for co(#letion withDwithout any #enalty fi2ed earlier; will .e reco?ered fro( you as (entioned in Clause= 1%3@ of the General Conditions of Contract for the e2tended #eriod= notwithstandin the rant of this e2tension! Gou (ay #roceed with the wor1 accordin ly! 87 'he a.o?e e2tension of the co(#letion date will also .e su.Bect to the further condition that no increase in rates on any account will .e #aya.le to you! 97 Please inti(ate within a wee1 of the recei#t of this letter your acce#tance of the e2tension of the conditions stated a.o?e! ;7 Please note that in the e?ent of your declinin to acce#t the e2tension on the a.o?e said conditions or in the e?ent of your failure after acce#tin or actin u#to this e2tension to co(#lete the wor1 .y TTTTTTTTTTTTTT :here (ention the e2tended date;= further action will .e ta1en in ter(s of Clause "2 of the General Conditions of Contract!
Gours faithfully
&or and on .ehalf of the President of India
Pa e "2
ANNEXURE - 0III CERTIFICATE OF FITNESS

1! :a; Serial Au(.er TTTTTTTTTTTTTT :.; $ate TTTTTTTTTTTTTTT 2! Aa(e of #erson e2a(ined TTTTTTTTTTTTTTTTTTTTTTTT I certify that I ha?e #ersonally e2a(ined :na(e;TTTTTTTTTTTTTTTTTTTTTTT 3! &ather8s Aa(e 4 sonDdau hter of TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT = residin at TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT *! Se2 TTTTTTTTTTT
+! Residence 4 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT "! $ate of .irth= if a?aila.le= andDor certified a e TTTTTTTTTTTTTTTTTTTTTTTTTTTT Physical fitness TTTTTTTTTTTTTTTTTTTTTTT Identification (ar1s TTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT /! Reasons for 4 :a; refusal to rant certificate= or :.; re?o1in the Certificate TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 0ho is desirous of .ein e(#loyed in a factory or on a wor1 reFuirin (anual la.our and that his D her a e as nearly as can .e ascertained fro( (y e2a(ination= is TTTTTTT years and that heDshe is fit for e(#loy(ent in a factory or on a wor1 reFuirin (anual la.our as an adultDchild!
%! )!
TTTTTTTTTTTTTTTTTTTTTTTTT Si nature or >eft <and 'hu(. I(#ression of the #erson ,2a(ined
TTTTTTTTTTTTTTTTTTTTTTTTT Si nature of Certifyin Sur eon
N+!e ,
In case of #hysical disa.ility= the e2act details of the cause of the #hysical disa.ility should .e clearly stated
Pa e "3
ANNEXURE - IX
PERFOR&A OF < DAAS NOTICE

@@@@@@@@@@@ RAIL.AA :0ithout PreBudice; 'o -Ds TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
$ear Sir=
Contract A ree(ent Ao! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT In connection with TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
In s#ite of re#eated instructions to you .y the su.ordinate offices as well as .y this office in ?arious letters of e?en no! TTTTTTTTTTTTTTTT= dated TTTTTTTTTTN you ha?e failed to start wor1Dshow adeFuate #ro ress andDor su.(it detailed #ro ra((e for co(#letin the wor1! 2! Gour attention is in?ited to this officeDChief ,n ineer8s office letter no! TTTTTTTTTTT TTTTTTTT= dated TTTTTTTTTT in reference to your re#resentation= dated TTTTTTTTTTTT! 3! As you ha?e failed to a.ide .y the instructions issued to co((ence the wor1Dto show adeFuate #ro ress of wor1 you are here.y i?en % days8 notice in accordance with Clause "2 of General Conditions of Contract to co((ence wor1s D to (a1e ood the #ro ress= failin which further action as #ro?ided in Clause "2 of the General Conditions of Contract ?iM! to ter(inate your Contract and co(#lete the .alance wor1 without your #artici#ation will .e ta1en! Uindly ac1nowled e recei#t!
Gours faithfully
Pa e "*
ANNEXURE - X
PERFOR&A OF 8> 4RS7 NOTICE

@@@@@@@@@@@ RAIL.AA :0ithout PreBudice; 'o -Ds TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
$ear Sir=
Se?en days8 notice under Clause "2 of General Conditions of Contract was i?en to you under this office letter of e?en no!= dated TTTTTTTTTTTTN .ut you ha?e ta1en no action to co((ence the wor1Dshow adeFuate #ro ress of the wor1! 2! Gou are here.y i?en *) hours8 notice in ter(s of Clause "2 of General Conditions of Contract and on e2#iry of this #eriod your a.o?e contract will stand rescinded and the wor1 under this contract will .e carried out inde#endently without your #artici#ation and your Security $e#osit shall .e forfeited and Perfor(ance Guarantee shall also .e encashed and conseFuences which (ay #lease .e noted! Uindly ac1nowled e recei#t!
Gours faithfully
Pa e "+
ANNEXURE - XI
PERFOR&A OF TER&INATION NOTICE

@@@@@@@@@@@@@@ RAIL.AA :0ithout PreBudice;
Ao! TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
$ated TTTTTTTTTTTT
'o -Ds TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
$ear Sir=
&orty ei ht hours :*) hrs!; notice was i?en to you under this office letter of e?en no!= dated TTTTTTTTTTTTTTTN .ut you ha?e ta1en no action to co((ence the wor1Dshow adeFuate #ro ress of the wor1! Since the #eriod of *) hours8 notice has already e2#ired= the a.o?e contract stands rescinded in ter(s of Clause "2 of General Conditions of Contract and the .alance wor1 under this contract will .e carried out inde#endently without your #artici#ation! Gour #artici#ation as well as #artici#ation of e?ery (e(.erD#artner in any (anner as an indi?idual or a #artnershi# fir(DJ7 is here.y de.arred fro( #artici#ation in the tender for e2ecutin the .alance wor1 and your Security $e#osit shall .e forfeited and Perfor(ance Guarantee shall also .e encashed! Uindly ac1nowled e recei#t!
Gours faithfully
Pa e ""
REGISTER OF CORRECTION SLIPS
C+rre !'+# Sl'N+7 Da!e Pa"e I!e) N+7
Re(ere# e Subje ! Da!e +( re e'-!
I#'!'al* +( -er*+# '# :ar"e +( b++/
Pa e "%

Indian Railway General Condition July 2013

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Indian Railway General Condition July 2013

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Hkkjr ljdkj Government Of India jsy ea=ky; Ministry Of Railways jsyos cksMZ (Railway Board)

Standard General Conditions Of Contract

Indian Railways Standard General Conditions Of Contract July 2013

STANDARD GENERAL CONDITIONS OF CONTRACT

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

PART - II STANDARD GENERAL CONDITIONS OF CONTRACT

2! 3! *! +! "! %! )! /! 10! 11! 12! 13 1*! 1+! 1"!

1%3@! 1)! 1/!

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

Pa"e 32 32 32 32 32 32 32 33 33 33 3* 3* 3* 3* 3* 3* 3* 3+ 3+ 3+ 3+ 3+ 3+ 3+ 3" 3" 3" 3" 3" 3" 3% 3% 3% 3) 3) 3) 3) 3) 3) 3/ *0 *0 *0 *0 *0 *0 Pa e 3

32! 33! 3*!

3+! 3"! 3%! 3)! 3/! *0!

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

Pa"e *1 *1 *1 *1 *1 *1 *1 *2 *2 *2 ** ** *+ *+ *+ *" *" *" *" *" *" *% *% *% *% *) *) *) *) */ */ */ +0 +0 +0 +0 +0 +1 +1 +1 +1 +1 +1 +1 +2 Pa e *

*%! *)! */! +0!

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

:d; :e; :f; : ;

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

TENDERS FOR .OR6S

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

:i?; :?; :?i;

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

ANNEXURE - I @@@@@@@@@@@@ RAIL.AA TENDER FOR& 2F'r*! S:ee!3

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

ANNEXURE - I :Contd! 9; TENDER FOR& 2Se +#$ S:ee!3

Indian Railways Standard General Conditions Of Contract July 2013

Indian Railways Standard General Conditions Of Contract July 2013

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

ANNEXURE - I :Contd! 9; TENDER FOR& 2T:'r$ S:ee!3

SC4EDULE OF RATES AND DUANTITIES

$escri#tion Of Ite( Of 0or1 3

Rates In &i ures And 0ords :Rs!; "

$ated TTTTTTTTTTTTTT Si nature of the 'enderer:s;

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

ANNEXURE E II AGREE&ENT FOR FONE CONTRACT

$esi nation TTTTTTTTTTT Railway :&or President of India;

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

Si nature of witnesses with address $ate TTTTTTTTTT

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

ANNEXURE - III .OR6 ORDER UNDER FONE CONTRACT

$escri#tion Of Ite( Of 0or1 3

'otal A##ro2i(ate 7alue Of 0or1 V Rs! TTTTTTTTTTTT

W 'his should .e rate of $i?ision concerned!

As On 30th June 2013

Indian Railways Standard General Conditions Of Contract July 2013

2! 3! ! +! "! %! )! /! 10! 11! 12! 13 1! 1+! 1"!

Pa"e 32 32 32 32 32 32 32 33 33 33 3* 3* 3* 3* 3* 3* 3* 3+ 3+ 3+ 3+ 3+ 3+ 3+ 3" 3" 3" 3" 3" 3" 3% 3% 3% 3) 3) 3) 3) 3) 3) 3/ 0 0 0 0 0 0 Pa e 3

Pa"e 1 1 1 1 1 1 1 2 2 2 + + + " " " " " " % % % % ) ) ) ) / / / +0 +0 +0 +0 +0 +1 +1 +1 +1 +1 +1 +1 +2 Pa e *

%! )! */! +0!

2H3 Halla! a#$ Duarry Pr+$u ! C+#!ra !* ,

RAuthority 4 Railway @oard8s letter no! 2010DC,3I:S#l!;DC'D1= $ated 2+!0!2011S