6200005692 / 17.08.

2018

SERVICE ORDER Format No.: PUR/02/F,JSLO/F/MM/06

Jindal Stainless Limited :AMD Nov/15
Unit: Steel Melting Shop

Postal Address/Reply us at: Corporate Office :

Kalinga Nagar Industrial Complex Jajpur - 755026, Odisha Jindal Centre, 12, Bhikaji Cama Place,New Delhi-110066
Phone:+91-6726-266031 Phone :(011)26188345-360 Fax: 26161271, 41659169
Fax: 6726-266030 CIN:L26922HR1980PLC010901

Vendor / Service Provider: P.O. No. : 6200005692 Jindal Stainless Limited

2005457 P.O. Date : 17.08.2018
S. R. ENTERPRISES Central Excise :
Contact Person: Sailesh K Mohanty Range-STATE GST AND SALES TAX
HOUSE NO 103 Contact No: 9777451037 JAJPUR RANGE, JAJPUR-755019(ODISHA)
JAJPUR - 755020 Odisha Email: Division-STATE GST AND SALES TAX,
India sailesh.mohanty@jindalstainless.com JAJPUR-755019(ODISHA)
GSTIN: 21ANLPN7044D1Z8 Commissionerate-OLD CIRCUIT HOUSE
Vendor: COMPOUND,BUXI
BAZAR,CUTTACK,PIN-753001
Ref/Qtn No: Offer PAN No: AABCJ1969M
Tel No:04298223161 Contact Person: Mr. KGR Nair GSTIN: 21AABCJ1969M1ZF
Mob No:08658962003 Contact No: 8658962003
Email:mssrenterprises2011@rediffmai

Jindal Stainless Limited is pleased to release this purchase order subjected to following term and conditions in
addition to those mentioned in enclosed #Annexure A#:

Definitions:

OWNER : Jindal Stainless Limited, O.P. Jindal Marg. The terms purchaser includes its successors by amalgamation or otherwise and assigns of JSL.
CONTRACTOR:The persons, firm or corporation to whom this service/work order is addressed & the term Supplier/Contractor includes its successors and permitted assigns.
SERVICES:All the work, specified in scope of work (SOW), including design, delivery, installation, inspection, testing and commissioning, specified to complete this work
order.
WORK ORDER: The order placed by Purchaser for the supply of the goods/services.

TERMS & CONDITIONS:

Terms of Payment Key: 100% WITHIN 15 DAYS FROM THE DATE OF INVOICE
Amendment-1
Delivery date is extended up to 28.02.2020 without imposition of LD.
--------------------------------------------------------------------------------
MODIFICATION OF 12189 CRANE CT MECHANISM.

Contract Owner: Mr. R S Vaidya / 9938250017

Mr. K K Gurbaxanu / 9938250210
EIC of contract: Mr. D Ghose / 9938250381

SCOPE OF WORK FOR CT MODIFICATION OF 60/20t INDUCTION CRANE:

1. Dismantling of existing CT from existing crane height to zero level.

2. All existing components i:e Motors, gearboxes, brakes ,etc dismantling.
3. Modify the CT structural part as per requirement.
4. Additional support beam, foundations and necessary modifications in CT for rotating 90 deg.to both hoist mechanism with reference
to existing position.
5. All necessary foundations alignment shall be proper as per requirement.
6. All modifications in existing system if require to be done by contractor.
7. Rerouting of existing cables if require.
8. Prefixing of all mechanical and electrical components with proper alignment.
9. While dismantling crane CT if any part is in damage/ non usable condition then contractor has repair/replace it.
10. Any other work which is not necessary but essential for the successful working of the whole system is in the scope of contractor.
11. Most of the work may be carried out on running plant; therefore, contractor has take all safety precautions while carrying out in
the job.
12. All the tools, tackles, welding machine & consumable and other materials required for the execution of the job shall be arranged
by the contractor at his own cost.
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 6200005692 / 17.08.2018

13. .The scrap material generated shall be returned to the specified area as per instruction of Site In charge.
14. Any Mobile crane for dismantling of trolley and again re positioning at crane shall be provided by JSL.
15. Working 24 Hrs on need basis to finish work on scheduled time.
16. The supplier will be responsible for the safety of his men and machinery .Supplier are required to provide all safety equipment to
his workers.
17. Safety appliances require to carry out the job at height shall be provided by the contractor to his workers and supervisors.

Supplier Scope:-
1. All tools and tackles (chain block, wire rope sling,D-shackles,spanners etc),consumables shall be of contractor's scope.
2. Contractor has to mobilise required manpower before schedule shutdown period.
3. Contractor will arrange medical fitness certificate and height of work permits for concerned workmen prior to job starting.
4. Job to be continued round o'clock. Accordingly sufficient manpower shall be available to complete the job within specific time.
5. Contractor shall not leave the job in between. Penalty will be imposed as deemed fit for non-completion of jobs.
6. Penalty will be calculated for any delay occurred in completion period due to reason attributable to contractor.
7. Contractor has to depute skilled supervisor throughout the job execution time.

Taxes & Duties: GST is extra & TDS shall be deducted on actual basis.

Payment terms:
100% payment within 15 days after completion & submission of certified bills.

Contract Period: Validity up to 10.09.2018

Sr. Item No. Cur Rate Quantity Unit/ Delivery Date

No. Service Code/ Price
SAC Code
Detailed Description or Scope of Work
1 MODIFICATION OF 12189 CRANE CT INR 1.000 AU 28.02.2020
MECHANISM

Gross Price 360000 360,000.00

Total 360,000.00 360,000.00
The item covers the following services:

10 3091019 360,000.00 1.000 AU

MODIFICATION OF 12189 CRANE CT
MECHANISM

Scheduled Quantity 1.000 AU 28.02.2020

Delivery address for Item no.- 1 Unit: Steel Melting Shop

Kalinga Nagar Industrial Compl
Jajpur 755026 (Odisha)

Total PO Value INR 360,000.00

Total value FOR JSL SITE INR 360000.00 ( Rupees Three Lakh Sixty Thousand Only )

*************************This is a system generated order and does not need any signature**************************

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 6200005692 / 17.08.2018

IMPORTANT :
1) Kindly send your order acceptance within 7 days after receipt; no communication shall be construed as acceptance.
2) Invoice must be submitted in triplicate along with supplies.
3) Please mention Jindal Stainless Limited in all your documents.
4) Please mention our Purchase Order No., Supplier Code and description in your Invoice to expedite payments.
5) GST Invoice must have pre-printed No.
6) In case where the freight is in JSL account, only JSL nominated transporter shall be deputed. Noncompliance shall lead for the deduction of freight amount
from the pending payments of the vendor.
Green Statement: JSL strongly believes incorporate social responsibility and is committed to help protect the environment. JSL has set an environmental goal
to reduce harmful environmental effects by restricting the use of lead, mercury and certain other hazardous substances and encourage suppliers for usage of
recyclable, reusable packaging of products. Your support in this endeavour will be most appreciated.

Page 3 of 8

GENERAL CONDITIONS OF THE CONTRACT :
This PO for the works (the Agreement ) is entered
into at Jajpur, Odisha as per the Date mentioned
herein, BY AND BETWEEN, Jindal Stainless
Limited
(hereinafter referred as JSL or Owner or Us or
Our ), a Company incorporated and registered in India
under the provisions of the Companies Act, 1956
having its office at Kalinga Nagar Industrial
Complex, PO. Danagadi, Jajpur Rd., Jajpur, Odisha
and Regd. Office at O.P. Jindal Marg, Hisar
(Haryana), which also includes its successors by
amalgamation of and registration otherwise and
assigns of JSL.
AND
TheContractor/Proprietor/Firm/a Company
(incorporated and registered in India under the
provisions of the Companies Act, 2013 ) mentioned
herein under this PO, ( hereinafter referred as
Service Provider or Contractor or You which
expression shall unless repugnant to the subject or
context be deemed to include its successor and
permitted assigns).
WHEREAS, both the Owner and the Contractor are
collectively referred to as the Parties and
individually as the Party hereinafter
WHEREAS
A. The Contractor has represented itself to be
engaged in the business of executing works as per the
scope of work mentioned hereof, and represents itself
to be technically and financially capable and having
requisite expertise in executing of similar works,
capability, know-how and experience of executing the
works (defined below) in a safe and environmentally
responsible manner.
B. On the above representation of the Contractor, the
Owner is interested in awarding the works as per
scope of work mentioned hereof, to the Contractor as
per the terms and conditions, the General Conditions
of the Contract and the Special Conditions of the
Contract.
C. The Contractor acknowledges that, in order to
maintain the quality and timely completion of the
Work, the Owner/JSL has the prerogative/right to
take out any part of the awarded works and carry it
out either by itself or through any other third party or
parties appointed by JSL at its sole discretion and at
the risk and cost of the Contractor.
NOW THEREFORE, in consideration of the
foregoing and the respective covenants and
agreements set forth in this Agreement, the
sufficiency and adequacy of which is hereby
acknowledged, the Parties hereby agree to be legally
bound as follows:
SCOPE OF WORK (GUIDELINES)
Contractor shall undertake the scope of work as
mentioned herein. For this purpose it shall do and
shall provide or procure all things necessary for the
safe and successful completion of all works and
achievement of the intent of this Contract. Without
limiting to the foregoing, Contractor shall at its cost:
1. be responsible, in liaison with Owner, for
interfacing with, and coordinating with the Related
Works and the work of Related Contractors;
2. Procure all Equipment, materials or other goods
or things required and execute the work;
3. Perform such activity to demonstrate compliance
with this Contract, the Technical Specifications,
Good Industry Practices and the Contractor#s and
manufacturers# standard procedures;
4. as necessary, rectify any Defects in the Equipment
arising and notified to the Contractor or of which the
Contractor becomes, or ought reasonably to have
become aware;
5. as necessary, rectify and remedy any Defects in
the Work and meet its Warranty obligations wherever
applicable in accordance with the terms and
conditions of the Contract;
6. ensure compliances with all applicable statutory
requirements at all times in connection with this
contract; and
7. provide timely responses to requests for
information made by Owner,
All the foregoing shall collectively be referred to as
the Work or Scope of Work .
COOPERATION WITH OWNER
Contractor shall co-operate with the efforts of the
Owner, Owner Official/Officials and any Owner
nominee in connection with this Contract.
SITE EXAMINATION
Contractor hereby represents and warrants that it has
conducted a thorough examination of the
Owner-Provided Information and the
Owner-Provided Work Areas, the premises adjacent
thereto and the
Annexure-A
approaches to the Owner-Provided Work Areas and it
is fully acquainted with all environmental, surface
and subsurface conditions existing within or near the
Owner-Provided Work Areas. Contractor has
examined the Owner-Provided Work Areas and all of
their surroundings, has compared its findings with the
Owner-Provided Information and has familiarized
itself and satisfied itself that the nature of the
accommodations available, materials and equipment,
all means of communication, entry to and departure
from the Owner-Provided Work Areas and all other
matters necessary for execution and maintaining the
Work are sufficient for performance of Contractor#s
obligations under this Contract and has taken them
into account prior to bidding/quoting, executing this
Contract and undertaking the Work. Contractor has
made local and other independent inquiries as to the
availability and supply, for the entire period for
performance of the Work, of materials, services, labor
and other items necessary for the execution of the
Work, and has satisfied itself that the nature, quality,
extent and practicability of each is sufficient for
performance of Contractor#s obligations under this
Contract. The failure of Contractor to fully
familiarize itself with the foregoing conditions or any
of the Owner-Provided Information or any
discrepancy between the actual Site conditions
encountered by the Contractor during the progress of
the Work and those Site conditions which the
Contractor anticipated at the date of the Contract,
shall neither (a) provide any cost or schedule relief
for Contractor or entitle Contractor to a Change under
Change Order/Amendment nor (b) relieve Contractor
of its obligations under this Contract.
NATURE OF THE WORK
Contractor has taken all steps necessary to fully
understand the nature of the Work, the general local
conditions that can affect the Work and the cost
thereof. Failure by Contractor to fully inform itself of
the conditions that may affect the Work, including
conditions relating to transportation, handling,
storage of materials, import and export issues, Taxes,
insurance, availability of qualified labor, water,
electrical power, roads, weather, topographic
conditions, the matters that are the subject of
Contractor#s representations and warranties,
Applicable Laws and the character and availability of
equipment and facilities needed preliminary to and
during the execution of the Work, shall be
Contractor#s risk and shall neither (a) provide any
cost or Areas, the premises adjacent thereto and the
approaches to the Owner-Provided Work Areas and it
is fully acquainted with all environmental, surface
and subsurface conditions existing within or near the
Owner-Provided Work Areas. Contractor has
examined the Owner-Provided Work Areas and all of
their surroundings, has compared its findings with the
Owner-Provided Information and has familiarized
itself and satisfied itself that the nature of the
accommodations available, materials and equipment,
all means of communication, entry to and departure
from the Owner-Provided Work Areas and all other
matters necessary for execution and maintaining the
Work are sufficient for performance of Contractor#s
obligations under this Contract and has taken them
into account prior to bidding/quoting, executing this
Contract and undertaking the Work. Contractor has
made local and other independent inquiries as to the
availability and supply, for the entire period for
performance of the Work, of materials, services, labor
and other items necessary for the execution of the
Work, and has satisfied itself that the nature, quality,
extent and practicability of each is sufficient for
performance of Contractor#s obligations under this
Contract. The failure of Contractor to fully
familiarize itself with the foregoing conditions or any
of the Owner-Provided Information or any
discrepancy between the actual Site conditions
encountered by the Contractor during the progress of
the Work and those Site conditions which the
Contractor anticipated at the date of the Contract,
shall neither (a) provide any cost or schedule relief
for Contractor or entitle Contractor to a Change under
Change Order/Amendment nor (b) relieve Contractor
of its obligations under this Contract.
NATURE OF THE WORK
Contractor has taken all steps necessary to fully
understand the nature of the Work, the general local
conditions that can affect the Work and the cost
thereof. Failure by Contractor to fully inform itself of
the conditions that may affect the Work, including
conditions relating to transportation, handling,
storage of materials, import and export issues, Taxes,
insurance, availability of qualified labor, water,
electrical power, roads, weather, topographic
conditions, the matters that are the subject of
Contractor#s representations and warranties,
Applicable Laws and the character and availability of
equipment and facilities needed preliminary to and
during the execution of the Work, shall be
Contractor#s risk and shall neither
(a) provide any cost or schedule relief for Contractor
or entitle Contractor to a Change under Change
Order/Amendment nor (b) relieve Contractor of its
obligations under this Contract.
CONSTRUCTION WATER QUALITY
Contractor expressly assumes all risk of any
conditions of quality of water for
execution/construction of the works, whether or not
described in the Owner-Provided Information.
HAZARDOUS SUBSTANCES
(A) Discovery of Hazardous Substances: If, during
the course of performing the Work, Contractor
becomes aware of any Hazardous Substance on or
under any Owner-Provided Work Area, whether or
not created, released or brought on any
Owner-Provided Work Area by Contractor,
Contractor shall contain such Hazardous Substance,
make all reports to any and all Concerned Authorities
or other Persons as required by any Applicable Law
and report such condition to Owner in writing
immediately and before disturbing (or further
disturbing) such Hazardous Substance. Contractor
shall be liable for the removal of any Hazardous
Substance that was on or under any Owner-Provided
Work Area. Contractor shall perform such clean-up,
removal or disposal immediately. The Contractor
shall be solely liable for any Hazardous Substance
that (i) is on any Contractor-Provided Work Area or
(ii) Contractor brings onto, or creates at, any
Owner-Provided Work Area, and the Contractor shall
perform all clean-up, removal and disposition
services with respect thereto.
(B) Clean-Up Plan: Prior to the performance by
Contractor of any clean-up, removal and disposition
services for which Contractor is liable pursuant to this
Section, or that Owner has instructed Contractor to
perform, Contractor, in accordance with this Contract
and Applicable Law, shall formulate a plan for
performance of such services and submit such plan to
Owner for review and comment. Contractor shall
revise such plan to reflect all reasonable comments of
Owner and shall perform the clean-up, removal and
disposal services in accordance with such plan.
Neither Owner's review or comment nor Contractor's
acceptance of Owner's comments shall mean that
Owner has control over the clean-up, removal and
disposal services or subject Owner to any liability
with respect to such services or the Hazardous
Substance with respect to which such services are to
be performed. Contractor shall conduct such
clean-up, removal and disposal at its own. In any
event, Contractor shall use its best efforts to conduct
such clean-up, removal and disposal so as to cause
minimum disruption to the scheduled completion of
the packages, and any such disruption shall be at
Contractor's risk. Contractor shall comply with
Applicable Laws (including the obtaining of
necessary licenses and permits) with respect to all
Hazardous Substances. Contractor shall dispose of
any Hazardous Substance only by lawful means at
properly permitted sites.
(C) Indemnification for Hazardous Substances:
Contractor shall indemnify, defend and hold harmless
Owner from and against any and all Items to the
extent arising out of or in connection with any
Hazardous Substance brought, created, released,
exacerbated, increased or enlarged on any
Owner-Provided Work Area by Contractor.
NO COST OR SCHEDULE RELIEF
The Contractor is deemed to have made itself aware
of the availability of labor resources for the Work to
avoid any delays to the Project and shall not be
entitled to any cost or schedule relief (including
compensation, damages or other remuneration) for (a)
delay or extensions of time given for the addition,
replacement or renewal of any Personnel or (b) any
labor shortage of any kind.
The Contractor shall make all arrangements at its own
cost, of accommodation of its workmen with all
hygiene conditions. Contractor shall arrange water for
use of their workmen, sanitary arrangement, drinking
water of potable water quality and safe power supply
to labor accommodation. In case a temporary
accommodation provided by the Owner, the
Contractor has to make his workmen stay in the
allotted place as identified by the Owner/JSL.
RATES OF WAGES
The Contractor shall pay rates of wages and observe
conditions of engagement of labor as per the
Applicable Laws and Owner's instructions time to
time. In the event of default being made in the
payment of any money in respect of wages of any
person employed by the Contractor or any
Subcontractor for carrying out the Contract, the
Owner may at its sole discretion, make payment of
such claim on behalf of the Contractor to the said
labor authorities and recover the same from the dues
6200005692 / 17.08.2018
and/or guarantees of the contractor under this contract.
LABOR LAWS
In dealing with labor and employees, the Contractor and
the Subcontractors shall comply with all Applicable
Laws as may be applicable for the employment of
personnel/workmen. The Contractor shall be responsible
and accountable for any non-compliance with the
Applicable Laws relating to labor employment, either by
itself or by any Subcontractor and shall pay all claims,
damages and/or penalties as may be payable in respect of
such non-compliance(s) to the relevant statutory
authorities forthwith on demand. The Contractor shall
indemnify and keep the Owner indemnified against all
losses, claims, expenses, liabilities, damages suffered by
the Owner and reimburse all Owner's Costs incurred by
the Owner on account of violation of any Applicable
Laws as may be applicable for employment of labor by
the Contractor. The owner shall be entitled to
retain/recover from the dues of the contractor towards all
liabilities of the contractor under applicable law in
connection with this contract, in the event it comes to the
knowledge of the owner that the contractor has failed to
comply with any of its statutory obligations. Such
retention or recovery of the owner shall be without
prejudice to any of the rights of the owner under this
contract and under law.
LABOR TO BE CONTRACTOR'S EMPLOYEE
The Parties agree unconditionally that the employment of
the personnel and/or workmen by the Contractor or a
Sub-contractor in relation to the execution of the Work
shall not constitute any Owner-employee relationship
between the Owner and such personnel and/or workmen
as employed by the Contractor or any Subcontractor in
relation to the execution of the Work. Such
personnel/workmen shall, at all times, be deemed to be
persons employed by the Contractor and the Owner shall
not be the "principal Owner" or "manager" in respect of
the Contractor's personnel/workmen. The Contractor
shall indemnify and keep the Owner indemnified against
any claims, liabilities, costs, expenses, charges, losses
and damages that the Owner may incur in relation to the
Contractor's or any Subcontractor's employees or that the
Owner may incur as a result of Contractor's or
Subcontractors' failure to comply with applicable labor
laws of the Country.
RELATIONSHIP
Nothing in the Agreement or these Conditions will be
construed as creating a relationship of partnership,
agency, joint venture, or employment or any other
relationship of a similar nature between us. JSL shall not
be responsible for your acts or omissions. You and JSL
are independent in their dealings with each other.
INDEMNITY AND LIMITATION OF LIABILITY
Indemnity: The Contractor alongside its Sub-Contractor
shall indemnify and hold harmless the Owner, the
Owner's directors, employees and their respective agents
against and from all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs,
and expenses of whatsoever nature, including attorney's
fees and expenses in respect or arising out of:
bodily injury, sickness, disease or death, of any person
whatsoever arising out of or in the course of or by reason
of the design, execution and completion of the Works
and the remedying of any defect;
any act of commission or omission on part of the
Contractor and/or its Sub-Contractor;
any default of the terms and conditions of the Agreement
by the Contractor; and
by reason of the negligence of the Contractor or its
Sub-Contractors, or their employees, officers or agents.
Limitation of Liability: There shall be no limitation of
liability of the Contractor for the loss of any profit, for
any direct, indirect or consequential loss/damage which
may be suffered by the Owner under the Agreement.
Notwithstanding anything contained in this Agreement,
the Contractor shall have no right to raise any claim
against Owner/JSL.
PERMITTING
Contractor shall obtain, pay for and maintain in effect all
the Permits/licenses/authorizations as required under
Applicable Laws in connection of the work or
performance of the work.
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall, cause all Subcontractors to, comply
with all Applicable Laws. The Contractor shall be
responsible for Statutory Compliance in respect of all
applicable laws of land which interalia includes
Central/State Labour laws and Regulations/Rules made
there under including but not limited to Compliance of
provisions of Contract Labour (Regulation and
Abolition) Act, 1970,
Page 4 of 8

GENERAL CONDITIONS OF THE CONTRACT :
Employees Provident Funds and Miscellaneous
Provisions Act, 1952, EPS, 1995, Employee's
Compensation Act, 1923, Minimum Wages Act,
1948, Industrial Disputes Act, 1947, Industrial
Employment (Standing Orders) Act, 1946, Payment
of Bonus Act, 1965, Payment of Gratuity Act, 1972,
Payment of Wages Act, 1936, Employee's
Compensation Act, 1923, Interstate Migrant
Workmen (Regulation of Employment and
Conditions of Service) Act, 1979, Factories Act,
1948, Apprenticeship Act, 1961, Employees State
Insurance Act, 1948, Orissa Minor Mineral
Concession Rules, 2004, Contractor shall also be
solely responsible for maintenance of records and
filing of various forms/ returns prescribed under all
applicable Central/State Labour laws and
Regulations/Rules made there under in respect of
personnel employed by it. Any other enactment / rule
in force or made applicable from time to time.
Contractor shall secure and possess valid license
under Contract Labour (Regulation & Abolition Act)
1970 and Interstate Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979, &
the Rules made thereunder, permit for excavation of
minor minerals as required under Orissa Minor
Minerals Concession Rules, 2004 and shall obtain
other necessary licenses/Registration/permit as
applicable to him under various other Laws and shall
submit its copy with the Owner within such date as
may be permitted by the owner. In the event of failure
of the Contractor to comply with any of the applicable
statutory requirements, the Owner shall be entitled to
impose such penalty on the contractor as may be
decided by the owner. In case statutory
noncompliance continue to exist at work site despite
notice by the Owner, the same shall be construed as a
serious breach of the contract giving rise to exercise
of all possible recourse under the Contract and under
law by the Owner against the Contractor.
SAFETY & SECURITY
The Contractor shall see that his workmen are strictly
following the provisions of the Safety & Security
regulations promulgated by the Company. The
Contractor shall take adequate safety precautions for
prevention of any accidents for the workmen at site
and provide the necessary safety equipment to his
workers at his own cost. In case the Contractor fails
to provide the safety equipment to his workers, the
company may supply the same and the cost thereof
will be realized from the Contractor. The Contractor
shall make his own arrangement for providing
drinking water to his staff and labors during
performance of the work assigned.
The Contractor shall provide at his cost to all staff
and workers directly or indirectly employed in the
works, all amenities for securing proper working and
living conditions and also will provide medical
facilities at the site as per rules in force in relation to
strength of their staff and workmen deployed at site.
The Contractor shall be responsible for safety
arrangements for all equipment used in connection
with execution of the work and shall ensure
employment of only trained workman to handle the
equipment. Only tested and certified tools, equipment
etc. shall be used and shall periodically be tested to
the satisfaction of the Company as per provision of
Factory Act 1948. The CONTRATOR shall ensure
that the workmen at work use safety belts, gloves,
color helmets, masks, etc. necessary for their safety.
All test certificates shall be made available to the
Company at site as and when required for
verification. In case of pilferage / theft of materials,
the contractor shall have to lodge FIR at local Police
Station with a copy to the principal employer or
Company.
The Contractor shall, in connection with the
execution of the work, ensure provision and
maintenance at his own cost all lights, guards, fencing
with gates and watching when and where necessary or
required by the client or by any duly constituted
authority for the protection of work and/or for the
safety and convenience of the public or others.
The Contractor shall take adequate safety precautions
for prevention of accidents at site. The Contractor
shall also ensure that their employees/workmen
observe the statutory safety rules and regulations as
also those lay down by the Company from time to
time.
The Contractor shall provide at his cost necessary
watch and ward force as may be approved by the
company to ensure security and safety of all
buildings, structures, equipment and materials under
their custody at the site of work.
The Contractor shall abide by all security regulations
at site promulgated by the Company from time to
time. If required the Contractor shall provide identity
badges to their personnel and workmen which must
Annexure-A
be properly displayed by them at site.
In order to facilitate issue of gate passes by JSL for
materials,the Contractor shall submit to the company,
a list of equipment etc. and/or other materials that
shall be taken inside the site from time to time. Such
movement of materials, equipment, tools, tackles, etc.
shall be subject to permission of the company.
Two wheeler movements inside the plant premises is
strictly prohibited, contractor shall adhere to this and
make their own arrangement for smooth continuity of
this contract.
CANCELLATION OF WORK BY OWNER
JSL reserves the right to cancel/suspense the work in
whole or inpart at any time by giving
contractor/supplier a clear notice (without limiting to
the number of days) in writing of such effect stating
the nature, the date and the anticipated duration of
such cancellation/suspension. In the event of
cancellation/suspension of contract or order,
Company will not be liable to pay any damage or loss
to the contractor for idle labour caused by such
period. However, if the contract /order is terminated
due to any unforeseen circumstances which may lead
to the force closure of the work for reasons such as
resource crunch, non-availability of funds, and for
other administrative reasons etc., the Contractor shall
be compensated only for the quantum of work,
services or supplies has rendered till effective date of
foreclosure. Any other claims like compensation for
loss in profit, loss of reputation etc. or any other
consequential damages claimed by the
Contractor/supplier shall not be entertained or given
by the Company.
SURVIVAL
Notwithstanding anything to the contrary contained in
the Agreement or these Conditions or otherwise and
in addition to such provisions as are specifically
stated as surviving beyond the expiry or termination
of the Agreement, Clauses of these Conditions shall
continue and survive any expiry or termination of
these Conditions.
FORCE MAJEURE
Any time during the continuance of this Contract, the
performance by either party under this Contract is
prevented by reasons of any War (whether declared or
not), Hostility, Acts of the public or Enemy, Civil
Commotion, Sabotage, Fire, Flood, Earthquake,
Explosion, Epidemic, Quarantine Restrictions or
other Acts of God (hereinafter referred to as
#eventuality' or #Calamities ) then provided notice of
the happening of any such eventuality is given by
either party to the others within fifteen (15) days from
the date of the occurrence thereof, neither party shall,
by reason of such eventuality be entitled to terminate
this Contract, nor shall either party have any claim for
damages against the other in respect of such
non-performance or no- execution of work/supply
under this Contract shall be resumed as soon as
practicable after such eventuality has come to an end
or ceased to exist. Under such circumstances the
contractual delivery period shall be extended by a
period equal to the extent of such eventuality
continued/operated plus an additional period as
deemed fit, if any, as may be considered reasonable
by both the parties i.e. Purchaser and Contractor.
Whether the eventuality has come to an end or ceased
to exist will be deliberated and mutually settled.
Should one or both parties be prevented from
fulfilling their contractual obligations by a state of
force majeure lasting continuously for a period of at
least six (6) months, both the parties shall consult
each other regarding the implementation/
execution/enforcement of the Contract, provided
always that, if no mutually agreed arrangement is
arrived at within a period of three (3) month from the
expiry of the six (6) Months referred to above, the
Contract shall be deemed to have expired at the end
of the nine (9) months.
ARBITRATION
All disputes of differences whatsoever arising
between the parties out of or in relation to the present
contract or breach thereof, shall be settled amicably.
However, if the parties are unable to resolve them
amicably, the same shall be resolved by the
Arbitration of Unit Head of JSL or his nominee in
accordance with the Arbitration and Concil-itio Act,
1996 read with its amendments from time to time and
the award of the said Arbitrator in pursuance
thereafter ought to be final and binding on the parties.
This contract shall be construed, governed and
enforced in accordance with the law of India. The
venue of arbitration shall be at Jajpur Road, Orissa
(India) and arbitration proceedings shall be conducted
in English language only. The parties hereby agree
that jurisdiction over any dispute arising under this
agreement shall be vested only in the Courts at Jajpur
Road exclusively.
SEVERABILITY
The provisions of the Agreement and these
Conditions are severable and the validity of
remaining clauses, provisions, terms and parts of the
Agreement or these Conditions shall not be affected
by a court, administrative board or other proceeding
of competent jurisdiction deciding that a clause,
provision, term or part of this Agreement is illegal,
unenforceable, void, in conflict with any law or
contrary to public policy.
ENTIRE AGREEMENT
This Contract contains the entire agreement between
the Parties with respect to the subject matter hereof
and the same includes all the Schedules, Annexure,
Appendix etc. This Agreement supersedes any and all
prior and contemporaneous written and oral
agreements, proposals, negotiations, understandings
and representations pertaining to the subject matter
hereof, and all proposals submitted thereto and all
letters, correspondence and other communications
between the Parties (or any agents of any thereof)
prior to the Effective Date or prior to the performance
of any Work).
CHANGE IN LAW
Change in Law means a change in, or the enactment,
promulgation, issuance or entry into law of, any
Applicable Law by a Government Authority of the
Country that occurs subsequent to the Effective
Date/Contract Awarding Date, including the
introduction of any new Tax or change in the rate of
any existing Tax, but excluding: (a) any changes of
law relating to taxation of income or fee, royalty or
charge for which Contractor is responsible under this
Contract or (b) any changes of law that are enacted on
or before the Effective Date but will come into force
after the Effective Date;
If as a result of Change in Law , the Contractor
suffers any additional costs in the execution of the
Works or in relation to the performance of its other
obligations under this Agreement, the Contractor
shall, within 15 (fifteen) days from the date it
becomes reasonably aware of such addition in cost,
notify JSL of such additional cost implication due to
Change in Law .
If as a result of Change in Law , the Contractor
benefits from any reduction in costs for the execution
of this Agreement or in accordance with the
provisions of this Agreement, either Party shall,
within 15 (fifteen) days from the date it becomes
reasonably aware of such reduction in cost, notify the
other Party of such reduction in cost due to Change in
Law.
JSL shall, within 15 (fifteen) days from the date of
receipt of the notice from the Contractor, determine
any addition or reduction to the Contract Price, as the
case may be, due to the Change in Law .
NOTICES
Any notice, instruction, direction, order, consent or
decision pursuant to this Contract shall be given by
fax / e-mail subsequently followed by letter sent by
Post/recognized courier service, mailed to the
following addresses:
If to Owner:
To,
The Owner's Authorized Representative/EIC
Jindal Stainless Limited,
Kalinga Nagar Industrial Complex,
PO- Danagadi, Jajpur Road,
Jajpur, Odisha
If to Contractor:
Address mentioned in this Contract
NON-DISCLOSURE OF CONFIDENTIAL
INFORMATION
The Parties agree that the Confidential Information
shall be kept confidential by them during the term of
this Contract and for a period of five (5) years after
the earliest of (a) Final Completion, (b) a Work
Termination or (c) the termination of this Contract.
Notwithstanding the foregoing, Owner may disclose
the Confidential Information of Contractor to those of
its officers, directors, employees, consultants,
financing parties, lenders, potential lenders and
advisors (Owner's Representatives) that need to know
the confidential information in order to assist Owner
in connection with the development and
implementation of the Project and the enforcement of
Owner's rights against Contractor.
INTELLECTUAL PROPERTY RIGHTS
JSL shall retain all rights, title and interest in its
intellect-ual property rights including trademarks,
patents, copyrights etc. and that nothing contained in
the Agreement or in these Conditions, nor the use of
the trademark/logos on the publicity, advertising,
6200005692 / 17.08.2018
promotional or other material in relation to or for the
purposes of the Agreement shall be construed as giving
to you any right, title or interest of any nature whatsoever
to any of JSLs intellectual property rights,except to the
extent specifically permitted byJSL
in writing. You shall not do any act that would violate the
intellectualproperty rights of JSL or of any other third
party.
ASSIGNMENT
Neither the Agreement nor any part of it is assignable,
transferable, sub-licensable, sub-contractable or
conveyable by you, either by operation of law or
otherwise, without the express, prior, written consent of
JSL
TECHNICAL SPECIFICATION
The Technical Specifications are the minimum criteria
for safety, efficiency, reliability, operability,
maintainability, quality of equipment and performance of
equipment and systems. Where the Technical
Specifications are different from the applicable industry
codes and standards or Applicable Laws in effect as of
the Effective Date, the more stringent of these shall
apply. Where the Technical Specifications and
Construction Documents describe portions of the Work
in general terms, but not in complete detail, it is
understood that, subject to Contractor meeting the
requirements of this Contract (including the Technical
Specifications), Good Industry Practices shall prevail.
Details of the Work that are not specifically mentioned
in, or otherwise specified by, the Technical
Specifications and Construction Documents shall be
performed by Contractor at no extra cost if such details
are necessary to complete the Work and achieve the
general purpose of this Contract. Detailed Technical
Specification, if any, to be followed as mentioned in this
Contract
MATERIAL SPECIFICATION
The material specification including Contractors tools &
Tackles, Consumable Materials, Construction Materials
etc. all are the utmost important on account of safety,
efficiency, reliability , operability , Maintainability,
quality and performance of this contract and to be
adhered strictly by the service provider per Technical
specification and guidelines and/or delegation conveyed
by the authorized representative of JSL.If the service
provider fails to comply with the aforesaidspecification,
JSL Reserves its absolute right to take suitable action on
the lapses of service provider as per the Provisions under
this Contract.
QUALITY ASSURANCE PLAN
Contractor shall prepare a draft Quality Assurance Plan
in accordance with the Owner#s requirement, for
Owner#s review and comment within Seven (07) days
after the Contract/WO/LOA Awarding Date. Once
approved by the Owner, the Contractor shall issue the
Quality Assurance Plan. Any compliance by the
Contractor with the Owner's comments shall neither; (a)
constitute a Change Order/Amendment or provide any
cost or schedule relief to the Contractor; nor (b) relieve
the Contractor of its obligations under the Contract.
Contractor shall (i) update the Quality Assurance Plan
from time to time to ensure that it is updated as the
procurement process progresses and is fully compliant
with this Contract and (ii) deliver to Owner quality
assurance/quality control manuals provided by vendors.
Owner shall have the right (but not the obligation) to
review and comment on any update or other proposed
change to the Quality Assurance Plan. No proposed
change to the Quality Assurance Plan shall be effective
unless Owner approves of such proposed change.
Notwithstanding any comments provided by the Owner,
the Contractor shall remain fully responsible for the
Quality Assurance Plan, including rectifying all defects
therein.
Contractor shall follow and comply with the Quality
Assurance Plan and shall not amend it without the prior
written consent of the Owner. Owner may, at any time
during performance of the Work, conduct a compliance
audit with respect to the Quality Assurance Plan. If such
audit demonstrates non-compliance with any aspect of
the Quality Assurance Plan, Owner may notify
Contractor of such non-compliance and Contractor shall
promptly undertake appropriate remedial action, at
Contractor#s sole risk, cost and expense.
WORK/DELIVERY SCHEDULE
The Contractor shall submit a works schedule (according
to which the Contractor agrees to execute and complete
the Work/Service to the full satisfaction of the Owner)
within 07 (Seven) days from the date of awarding of this
Agreement for the approval of the Owner including any
revision therein, from time to time. The Contractor shall
execute the Works in accordance with the works
schedule as approved by the Owner. Notwithstanding
anything contained herein, the Owner shall have a right
to review the Works Schedule later on and may make any
Page 5 of 8

GENERAL CONDITIONS OF THE CONTRACT :
revision as and when deemed fit by the Owner. It is
the primary obligation of the Contractor that the
Works are executed, to the full satisfaction of the
Owner, as per the.
Approved Works Schedule/Agreed Work Schedule.
The Contractor shall complete the Works in terms of
the Work Schedule, and achieve the Work Milestones
thereto
DELAY COMPLETION LIQUIDATED DAMAGE
The Contractor shall pay liquidated damages to the
Owner at the rate 0.5% of the PO Value (without
GST) per Week of delay from the scheduled
Completion Date as stated above. The total amount of
Liquidated Damages shall not exceed 5% of the PO
Value (without GST). The Owner may deduct
liquidated damages from payments due to the
Contractor or from the Security Amount deposited
with the Owner.
Time is an important feature of the Contract and
payment or deduction of liquidated damages shall not
relieve the contractor from his obligation to complete
the work as per agreed construction program or from
any other obligations of the contractor's and liabilities
under the contract. In case of non-fulfillment of the
contractor obligation beyond the tolerable limit and
excessive delay, the security deposit is liable to be
forfeited. The Owner shall be entitled to recover all
costs, damages, expenses, from the bills of the
Contractor which the Owner may have incur or
become liable to incur as a result of the negligence of
the Contractor or any other action that may originate
such cost, charges, expenses etc. In case the bill
amount of the Contractor is not sufficient to cover
such recovery amount, the balance shall be deducted
from any sum which may become due to him at any
time thereafter under this or any other contract which
he may have with the Owner. Should this sum also
not be sufficient to cover the full amount recoverable,
then the Owner reserves its absolute right to cover the
same as remedies available under Law.
TAXES
Contractor shall administer, pay and bear for all
corporate income tax and all other applicable taxes
with respect to its profits, all corporate income tax
and all other applicable Taxes with respect to its
profits, all Taxes in connection with the employment
of any Contractor Person and any withholding Taxes
in connection with labor that Contractor is required to
deduct from any payments to Subcontractors,
including but not limited to unemployment insurance,
social security contributions, retirement benefits,
pensions and annuities now imposed, or hereafter
imposed, by any Government Authority with respect
to, assessed against or measured by wages, salaries or
other remuneration paid to Persons employed by any
Contractor Person in connection with the Work, any
business tax, withholding tax, and any other Taxes or
charges relating to the work including goods,
material, equipment etc, any taxes imposed on
Contractor or any of its Subcontractors which
Contractor or any of its Subcontractors has a primary
legal obligation to pay in as a result of the
performance of the Work or Applicable Laws,
royalties including royalty for extraction/excavation
of minerals including minor minerals under Orissa
Minor Mineral Concession Rules, 2004, levies and
impositions including Works Contract Tax, Welfare
Cess Act,1996 and the Rules made there under and
any penalties, interest or similar charge arising from
non-payment, late payment or short payment of any
item mentioned herein above and as per the statutory
rules of the Country. The above taxes, collective
referred as Contractor's Taxes do not include the
GST; which will be paid additionally as per the
applicability and justifying with the requisite
supporting documents.
CONTRACT PRICE
Contractor shall perform the Work or Service for the
amount specified in this Contract. The Contract Price
shall be in full consideration to Contractor for
complete performance of the Work in accordance
with this Contract. The Contract Price is a price as per
fixed rates mentioned against items. The Parties agree
that the Contract Price is inclusive of all Contractor's
Taxes.
VARIATION
The Scope of Work and its quantum mentioned
herein can vary depending upon the requirement of
the Owner solely and necessary notification to this
extent to be informed to the Contractor for onward
compliance.
PAYMENT OR USE IS NOT ACCEPTANCE OF
WORK
No Payment or other payment/payments to the
Contractor or any use of the packages by Owner or.
Annexure-A
any other Person shall constitute an acceptance of any
of the Work furnished by Contractor or shall relieve
Contractor of any of its obligations or liabilities under
this Contract
COMPLETION PERIOD & FINAL COMPLETION
OF WORK
Period to complete the contract work scope is as
defined herein, from the date of awarding of this
Contract. Time is the essence of this Contract and
therefore Contractor shall meet the requirements of
all its contractual obligations within the agreed time
frame to complete the entire work with right manner
and spirit. In case the Contractor fails to complete the
work within the contract Completion Period, the
Owner reserves its absolute right to engage any other
agency to get the balance job done at Contractor's
Risk and Cost.
Final Completion of the work shall be achieved when
the Contractor has performed all its contractual
obligations and complete the entire scope of work
under this Contract, including repairing and making
good of any defect/all defects (that may have been
discovered) to the Owner's satisfaction, and in
compliance with all the Statutory Laws and other
Applicable Laws and as per the Good Industry
Practices.
AMENDMENT
No alteration or amendment of the Contract shall be
effective unless it is in writing, refers specifically to
the Contract and is duly executed in writing by duly
authorized signatory of JSL.
WARRANTIES, REPRESENTATIONS and
UNDERTAKINGS
You hereby warrant and represent to JSL that:
a) You have the right and full authority to enter into
this Agreement;
b) All your obligations under this Agreement are
legal, valid and binding obligations upon you and are
enforceable in law;
c) You are an authorized business establishment and
hold all the requisite permissions, authorities,
approvals and sanctions to conduct your business and
to enter into the Agreement with JSL. You shallat all
times ensure compliance with all the requirements
applicable to your business and for the purposes of
this Agreement including but not limited to
compliance with laws relating to Intellectual Property
Rights, weights and measurements, sale of goods,
taxation and duties;
d) The statements, representations and warranties
made by you in this Agreement do not contain any
untrue statement of a material fact or omit to state a
material fact necessary to make the statements
contained herein or therein, in light of the
circumstances under which they were made, not
misleading to the best of your knowledge.
APPENDIX A
OTHER GENERAL GUIDELINES
The Contractor agency must have obtained valid
Labour license, provident fund code number from
statutory authority before execution of work.
In addition to the agency shall require covering the
required manpower under insurance for the period of
contract as per the WC Act or ESI Act, if the area is
covered under the said Act in future. The agency shall
also take adequate insurance of all erection materials
against theft, pilferage, etc.
The agency have to comply statutory requirements,
including submission of returns with various statutory
authorities under CL (R& A) Act, Minimum Wages
Act, Payment of Wages Act, WC Act or ESI Act, EPF
Act & EPS Factories Act. Etc.
Specific guidelines including pro-forma in regard to
statutory compliance shall be given to the concerned
agency by Personnel Department, after award of
contract.
The agency has to maintain Wage Sheet cum Muster
Roll and all other documents as required under the
various Acts.
In case of pilferage to theft or any unforeseen
circumstances JSLshall not be responsible for making
of these losses good or any compensation of any kind.
The agency/contractor is liable for compliance of
statutory provisions and in case of
non-compliance;JSL may enforce the same by
deduct-ing the amount from RA bill and deposit with
the statutory authorities.
Disbursement of wages to the workers by the agency
shall be made on or before 7th days of succeeding
month. The agency shall be resourceful enough to
meet the wage payment of workmen without waiting
for RA bill clearance/payment every month.
The payment of wages to workmen shall be made in
front of JSL representative.
RA bill shall be routed through Personnel Department
for classification in regard to compliance of statutory
obligations.
. provide adequate supervision by competent persons in
The agency has to give an undertaking to the effect
that he has verified the credentials of the workmen to
be engaged by him and he is responsible for any
omission & commission of any workman.
Personal safety appliances to the workmen shall be
issued by the agency as per guidelines of Safety
Department. All safety norms shall be adhered to, by
the agency Under any circumstances the agency shall
not make less payment than the prescribed minimum
wage as per JSL norms and notification by the
Government of Orissa from time to time.
The wages bill for a month shall be deposited in
advance.
Within 15 days of issuance of work order, the
agencies shall have to produce valid Labour License,
Insurance coverage policy under WC Act, PF code No
to Sr. Manager (Personnel). Unless they submit the
same their Ra Bill cannot be released
1. It is contractor's responsibility to maintain proper
housekeeping at work place. The removed and scrap
material are to be shifted at the place designated.
2. QUANTUM OF WORK: The quantum of work is
estimated. The Owner reserves the right to change the
quantum of the work involved or altogether delete
any particulars item of work, depending on the
circumstances. The Owner also reserves the right to
increase or decrease quantum of the work or even
brings it to zero level and Contractor shall not claim
compensation on this account.
3.Contractor shall provide at its own cost all the
necessary Protection & cover to the goods while in its
custody either during transit or when being loaded or
unloaded from vehicles. Contractor shall be
responsible for the damage or loss, if any of materials
at the time of loading and during transit or any
reasons whatsoever.
4. On the very first page of the Purchase order
company registration related information of Jindal
Stainless Limited is given to the supplier for
appropriate mention in the dispatch/delivery
documents. Any delay loss confiscation, hold up etc.
By statutory or other authorities due to defective
documentation is at the risk, cost and account of the
Supplier.
5.DOCUMENTATION: The supplier is obligated
accurately to raise all the relevant documents and
delivery notes. If the supplier fail to do so, JSL shall
not be responsible for any risk or delays in
processing.
6. LANGUAGE: All documents, statements,
instructions, catalogues, brochures, pamphlets, design
data, drawings, operation and maintenance manuals,
notices and all other communications pertaining to
this order shall be in English language.
7. Risk and Cost Clause: Alternatively in the event of
failure on the part of Contractor to undertake the
work as per scope at any given time, Management
reserves the right to engage alternate source/ agency
at the entire risk and cost of the Contractor.
(i) The owner shall, at its option, get the work
executed elsewhere at the risk and cost of the
Contractor irrespective of the fact whether the scope
of work is identical to the Scope of work as per the
Contract or not and in case the Owner chooses this
course, it will be entitled to recover compensation/
damage from the Contractor.
(ii) The owner may by giving two weeks notice to the
Contractor to terminate the Contract without
prejudice to the Owner's right under this Risk and
Cost Clause (i) above or any other provisions
contained in the Contract to determine the Contract &
claim damages from the Contractor.
(iii) The Contractor shall not raise the question of
proving actual loss suffered by the Owner consequent
on the said delay in completion/ failure.
7. NO ESCALATION ALLOWED: No escalation in
rates would be allowed for the work (s) awarded to
Contractor during the pendency of the contract.
8. PARALLEL CONTRACT: The Owner reserves the
right to enter into a parallel contract with any other
agency during the currency of the contract.
9.RULES AND REGULATION:
In engaging Labour inside the factory Contractor shall
follow all the Rules and Regulation under the
Factories Act and other Labour levies in force during
the currency of this contract. The contractor shall be
liable to pay minimum wages as per statutory
provisions by State Govt of owner of this order.
10. SAFETY CODES:
"Contractor shall abide by the provisions of safety
code measures prescribed by the Government."
Contractor shall take all safety precautions and
6200005692 / 17.08.2018
order to do the job safely and without damage to plant,
personnel, equipment and the environment.
"During the execution of work the Contractor shall
ensure the required Safety measurers at his own cost and
shall ensure that no damage, injury or loss is caused or is
likely to be caused to any person or property.
"Contractor shall not start the job without reporting to the
Owner's site Engineer and Safety Department and shall
obtain a written safety work permit from them before
starting the work.
"Contractor shall provide all safety equipments like
shoes, helmets, gloves etc. to his workers depending on
the working conditions and as advised by Owner's Safety
department.
"In case of any accident (fatal or otherwise) at site,
Contractor shall immediately inform to Owner's Safety
department about the details. The Contractor shall also
take the injured person(s) to the Owner's Plant Medical
Unit. In no case, Contactor is allowed to take injured
persons directly to his own Hospital. "The Contractor
shall be fully responsible for accidents caused due to his
or his agents or workmen's negligence or carelessness in
regard to the observance of the Owner's Safety
requirements and shall be liable to pay compensation for
injuries and shall indemnify the Owner if any claim is
lodged against the Owner in the cases mentioned above.
11.SAFETY OF WORKERS: In addition to the
provisions of law on the subject Contractor shall be fully
responsible for the safety of Contractor's workers and
maintain an attendance register of the workers present;
such register shall be presented daily for countersignature
by an authorized representative of the Owner.
12.INSURANCE: Contractor shall get all Contractors'
Labour (s) insured so as to cover them against any minor
/ major injury, disability and fatal accident. In all the
Insurance policies 'Principals interest protected' clause
will be provided.
13.GATE PASSES: Entry of Contractor's workers inside
the factory shall be by gate pass for which Contractor
shall apply to the Personnel Officer of JSL well in time.
The gate pass of the dismissed or discharged worker (s)
should be immediately returned to the Personnel Officer.
14. INSTRUCTIONS OF OWNER'S OFFICERS: The
Contractor shall follow strictly the instructions of the
Owner's Supervising Officer who shall have full
authority to detect the work performed by Contractor and
disallow the bill raised therefore.
15. HEALTH OF WORKERS: Contractor shall be fully
responsible for the health and discipline of its workers
and shall forthwith remove any worker or Supervisor
whose continued employment is considered by the Owner
as in contravention of any law or standards laid by the
Owner.
16. LIAISON: Contractor shall keep close liaison with
the Owner's officials and supervisory staff to ensure
smooth operations.
17.Contractor shall also maintain close co-operation with
any other contractor (s) who may be engaged for works
which have some Inter-relations with the work being
carried out by him, to ensure that there is no interruption
in the working or loss or damage on.
18.Any liability of the Contract or to the Owner, arising
from his obligations under the Contract
would be immediately discharged to the satisfaction of
the Owner.
19.Decision of the Owner on various terms and
conditions of the Contract and any matter in executing
the Contract, shall he final and binding to the Contractor.
20.The Owner reserves the right to add and/or to modify
/change the terms and conditions at a later date or as and
when circumstances so warrant.
21.The Owner's interpretation or decision in regards to
all or any of the terms and conditions hereof any matter
arising there from shall be final and binding on the
Contractor.
22. INDUSTRIAL PROPERTYRIGHT: The contractor
warrants that no third-party rights are violated in context
with his deliveries.
23. Being an ISO 14001 Company, we always endeavour
& encourage suppliers to follow & maintain eco-friendly
operations. We shall appreciate your following safe &
healthy practice in your processes for manufacturing the
product and selecting such transporters which are ISO
14000 recognized and/or are following the environment
friendly norms. Additional weightage will be given to
such service providers during service provider rating
process.
*Life Cycle and final disposal of supplied products after
use, method shall be provided.
APPENDIX B
HR COMPLIANCES
That, the Contractor shall obtain License immediately as
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GENERAL CONDITIONS OF THE CONTRACT :
required under the Contract Labour (Regulation &
Abolition) Act, 1970 and the Rules made thereunder,
if the deployment of workmen is 20 or more at any
time.
That, the Contractor shall obtain License under the
Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Services) Act, 1979
and Orissa State Rules if deployment of Inter-State
migrant workmen exceeds 4 at any time.
That, the Contractor has accepted to undertake &
execute the job by himself. However, in case, wants
to engage Sub-Contractor/s, the Contractor shall
obtain permission from Head-Commercial and Head -
HR. The Contractor shall indemnify on behalf of such
Sub-Contractors to be engaged and also submit an
Indemnity Bond on non-judicial stamp paper worth of
Rs.100/- (Rupees one hundred only) duly certified by
the Notary Public in the prescribed format. In such
case, the provisions of law as applicable to the
Contractor shall be applicable to the Sub Contractor
as well.
That, the Contractor shall apply for renewal of
License under the Contract Labor (R&A) Act and the
Inter-State Migrant Workmen (RE & CS) Act within
the stipulated time and get renewed the license, a
copy of which shall be furnished to the Company for
their record
That, the Contractor shall apply for issue of Gate
Passes for workmen as per the approved Format along
with the police verification report of the persons to
enter into the premises of the Company after
completion of safety induction and pre-employment
health check up. In case of loss of Gate passes or for
replacement due to mutilation, the Prescribed Charges
fixed by the Company i.e Rs.60/- (Rupees Sixty only)
for replacement and Rs.300/- (Three hundred only)
for each Gate pass (against non-return of the old gate
passes) shall be deposited in the Finance Dept of the
Company by the Contractor before issue of New Gate
Passes.
That, the Contractor shall cover all employees under
the Employees Provident Fund & Miscellaneous
Provisions Act, 1952 and the Employee's State
Insurance Act, 1948 from their first day of
engagement.
That, the Contractor shall deposit the PF
Contributions both employer and employee in his
individual code on or before 15th of the succeeding
month by submitting ECR on line in the EPFO Portal
and shall also deposit the ESI Contributions both
employer and employee in his individual Code on or
before 15th of the succeeding month. In case of
delayed payment after the scheduled date, penalty of
Rs.5000/- (Rupees five thousand only) shall be levied
for each occasion of non-compliance.
That, the Contractor shall submit the Combined
Annual Returns under the applicable labor laws
within the stipulated time. In case of non-submission
of return, the Contractor hereby authorize the
Company to retain 5% of the bill amount subject to
maximum of Rs.1,00,000/-(Rupees One Lakh only)
from the running bill until such compliance. In case
of delayed submission of returns beyond the
stipulated date, the Company is hereby authorized to
deduct a penalty of Rs.5000/- (Rupees five thousand
only) for each occasion, from the bill.
That, the Contractor declares to pay the wages to his
workmen on or before 10th of the succeeding month
and the wages so paid shall not be less than the
minimum wages notified by the Government of
Odisha from time to time or as agreed under the
Work Order awarded to me, whichever is higher.
That, the Contractor further declares that no workmen
shall be engaged on overtime.
That, the Contractor shall pay all legitimate/terminal
benefits to his workmen on termination of the work
order or in case of resignation of the workmen.
That, the Contractor shall comply with the Labor
Laws as applicable to Contract Labor as per the
provisions contained therein.
That, the Contractor shall maintain all registers and
records under the provisions of the applicable labor
laws to the Contract Labor. Such as, the Payment of
Wages Act,1936, the Minimum Wages Act, 1948, the
Maternity Benefit Act, 1961 (wherever applicable),
Orissa Industrial Establishments (National &
Festival) Holidays Act, 1969, the Payment of Bonus
Act, 1965, the Factories Act, 1948, The Employees
Provident Fund & Miscellaneous Provisions Act,
1952, The Employees State Insurance Act, 1948, The
Employees' Compensation Act, 1923 (wherever
applicable), The Payment of Gratuity Act, 1972, The
Industrial Disputes Act, 1947 etc.
That, the Contractor shall produce the records and
registers maintained under the various applicable
labor laws at any time for inspection of the Company
as well as Inspecting Authority under the Acts.
That, the Contractor shall submit the bills to the
Company through Single Window along with the
attendance punching report of the employees from
Attendance Recording System (ARS) of previous
month duly approved by user department. He shall
produce documentary evidence with an undertaking
of the deposits of EPF and ESI contributions in
respect of his workmen under consideration of
payment of
Annexure-A
wages of the previous month wage payment register,
attendance sheet (attendance punching report from
ARS of the employees duly approved by user
department), failing which the bill shall be rejected by
the Company.
In case of final bill, non-submission of documents i.e.
No dues Certificate from the Labour Department and
documentary evidence against terminal benefits of
employees, the Contractor hereby authorise the
Company to hold the entire final bill until such
compliance.
That, the Contractor further declares that, in case of
non-payment of PF and ESI Contributions, the
Company shall withhold three times of financial
liability arising out of such non-compliance from the
said bill until such compliance subject to Penalty of
Rs.5000/- (Rupees Five thousand only) on payment /
submission of documents.
That, in case of any liability pertaining to Contractor's
employees is to be discharged by the Company for
any lapse , the Contractor hereby declares to
reimburse the same or the Company is authorised to
deduct the same from the dues as payable including
Penalty amount as per rules of the Company.
The contractor shall ensure that contractor labour
should not enter inside the plant premises with
mobile phone for safety point of view. They should
also ensure that no contractor labor should sleep
during working hours inside the factory premises as
per the safety rule of the company. Any violation of
the conditions of safety rule can be penalized to the
contractor by deducting Rs.1000/- per case and
repetition of the same may lead to cancelation of
contract with the company.
_______________
APPENDIX C
SPECIAL EHS CONDITIONS
All Labour, Factories & Boilers, Fire & Safety rules
and codes notified by Govt. of India / Govt. of Odisha
and JSL regarding Safety,Fire ,Other statutory rules
and Environment shall be observed and omplied
by the contractor / sub-contractor / service strictly c
provider and his personnel without exception.
The contractor shall have full responsibility and
accountability of safe execution of job at work place /
site and safety of the personnel conducted inside the
premises of JSL, Jajpur. He shall include all resource
requirements for accident prevention.
The Contractor shall conduct their activities such that
the personnel, equipments, working
methods,conditions are safe and without risk to
hea-lth,injury, accidents etc for their own personnel,
equipments,JSL personnel /equipments & other
business associates at the site.
The Contractor shall ensure he & his workers shall
not remove or interfere unless duly authorized, with
any moving / stationary Machine/ equipment or
facility.
The Contractor shall undertake immediate action to
correct all unsafe conditions/ practices as identified/
reported.
Ensuring that all incidents that may occur at
contractor's working sites are properly reported and
investigated
The Contractor shall ensure that all his workers and
sub # contractors are provided the necessary
documentation as required by EHS department, ISI
approved or equivalent standards of PPEs to be issued
to all their staffs & workers & PPEs issue register to
be maintained properly and informed them of their
safety obligations.
The Contractor shall ensure that all the lifting
machines, tools and tackles including pressure vessels
to be used in the Factory premises by Contractor are
certified by the competent authority (Approved by
Director of Factories & Boilers, Office, Odisha) for
use inside the factory. Such certificates should be
duly valid at all points of time.
For jobs carried out in the plant, Contractor shall
obtain proper work permit system prior to the job as
per JSL requirements.
The Contractor shall maintain and ensure continuous
availability of First #Aid facilities for all their
personnel.
The Contractor shall deploy supervisors (qualified &
experienced with relevant knowledge) to co-ordinate
and supervise all the works. Contractor shall ensure &
impart necessary training on safety & knowledge of
the jobs to
all their employees on daily basis.
The Contractor shall deploy the right personnel for
right job with relevant qualification and sufficient
knowledge and experience.
The Contractor shall deploy one safety supervisor for
every fifty workmen and at least one safety officer for
every 100 workmen with necessary qualifications and
experiences as per JSL requirements.
The Contractor shall ensure that his workers are
provided with appropriate ISI approved or equivalent
standards personal protective equipment PPE's and
these should be at no cost to the employees. These
PPE's should be used in accordance with job
requirements and replace as necessary. Job specific
PPEs will be given to the workmen as per JSL PPE
matrix (Appendix-D) & records to be maintained.
Suitable clothing (long pants, prefera-bly
short-sleeved shirts (no loose fitting clothing) must be
worn and adequate foot wear IS-15298 along with
safety helmet IS-2925 (Only Yellow colour helmets
with company Logo for the contract Labours /
workers).
All the contractor supervisor / In-charges shall wear
Blue Colour helmet with their company Logo to
differentiate from the working labours. The chin strap
to be tied while using the helmet at site. Contractor's
Safety officers may be permitted to use Green helmet
only. For working at height Full body safety harness
of double lanyard, shock absorber with snap hook
opening 50 mm, IS-3521 to be used.
For each instance of safety non-compliance,
appropriate penalty will be imposed as per penalty
procedure of JSL.
For repeated serious violation cancellation of contract
or black listing of contractor may be initiated
If the contractor fails to provide required PPEs of
good quality or in sufficient nos.,JSL would levy
appropriate penalty on the contra-ctor for the
same.JSL would also provide the same PPEs(Other
thansafety helmet & Safety Shoes) to the contractors /
his workers and debit the relevant amount from the
running bills of the contractor.
All vehicles (LMV, HMV, trucks, trailers,
commercial, heavy equipments etc.) of contractors /
transporters / service providers must have valid
Registration Certificate (RC),Valid fitness certificate
(Maximum allowed for 10 years), valid insurance
coverage, PUC certificate, Good Physical condition,
main horn, reverse horn, all lights in good condition
and drivers with valid relevant driving license.
All traffic rules must be mandatorily obeyed such as
speed limit (20 KMPH), stop signs, using mobile
during driving, no overtake, yield signs, parking
restrictions, pedestrian crosswalks, maintaining safe
distance, etc. For each instance of traffic violation as
per JSL vehicle check list, penalty will be imposed as
per JSL penalty procedure including forfeiting of gate
pass including retaining of vehicle will be levied on
the individual &/ the contractor for the thirdinstance
will be levied on the individual & / on the contractor
.This penality is over and above the recovering the
cost of damage to men, machine, materials or
property damage caused to JSL company by doing
the unsafe action & practices by any of the
contractor personnelor by the drivers.
Inside entire JSL premise, photography, selling &
smoking of cigarette /bidi /cigars, selling & chewing
of tobacco / Gutka, Consumption/ working under
influence of alcoholic liquor / intoxicants is banned
and to be strictly ensured and adhered to by the
contractor. Else, he will be liable to severe
disciplinary action / /removed from site ,besides
penalty up to Rs. 500 per instance.
For an EHS violation, JSL will direct the contractor
to immedia- ately stop the work or leave the site or
pay heavy penalization as dee- med fit at the
discretion of Unit head / Plant Head / EHS Head.
Without limiting to any of the above conditions,
whatsoever the unsafe acts or unsafe unconditions,
JSL shall debit / levy appropriate penalty up to Rs.1
lacslacs on contractor /transporter / service provider
for any unsafe acts &or condition contravention to
statutory rules & regulations/JSL's/EHS rules &
policies depending upon thegravity of the situation on
case to case basis. This penalty is over and above the
recovering the cost of damage caused to men,
machine & materials or property by the unsafe action
& practices of the
contractor & his personnel. Job specific PPEs will be
provided by the contractor to the workmen & records
to be maintained. However suitable additional safety
appliances, if required considering the work involved
are to be provided by the contractor.
For any unsafe act by the workmen of your agency
resulting damage to the human being or equipment,
you will be held responsible and any cost arising out
of such act shall be fully recovered from you.
All the contractor personnel including workers must
undergo health check up & certified fit by an
approved Medical Practitioner / Certifying Surgeon.
In case of working at height and potentially high risk
areas, the required contractor workers have to pass
through a special health check up applicable for
working at height and other potentially high risk
areas, by an approved Medical Practitioner /
Certifying Surgeon.
The entire contractor worker must undergo safety
Induction Training before making the Gate pass at
HR for deployment at work.
The contactor should keep and maintain PPEs
resister, Training resister and monthly safety report
and
shall produce the same when ever asked by the JSL
management
The contractor will be responsible to maintain good
health & safety of their workers
The entire contractor worker must be provided with
100% & BIS certified PPEs.
In case of any Accident, Near miss, Property damage
6200005692 / 17.08.2018
by the contractor, the loss to JSL company will be
debited from the RA bill of the Contractor, in addition to
the safety penalty due to gross violation for carrying out
unsafe action/condition. All direct and indirect expenses
on account of any accident pertaining to contractor's
work - scope shall be borne by the contractor.
The contractor shall obey all the guidelines given by EHS
dept of
JSL All the heavy vehicle drivers must be accompanied
with a helper, and must be provided with required PPEs.
Workers must be transported to work place by passenger
carrier vehicles not in goods carrier vehicle.
During material transportation unsafe loading, carrying,
beyond capacity or extended more than the carrier will be
penalized as per JSL penalty procedure
Workers will not allow going inside any barricaded,
unauthorized, prohibited, high voltage, cautioned &
danger marked zone.
Contractor if using any measuring instrument & etc must
get them calibrated & certified by any govt. regd.
Agency.
Carrying of cooking materials such as Gas / Kerosene
stove etc into the plant premises are prohibited in any
vehicle. Violation of this rule will be penalized with Rs
2000 on each instance / per vehicle.
Waste Management and Disposal:
Hazardous Waste # The Contractor is responsible for all
contractor and subcontractor purchased chemicals and
any hazardous waste generated by the contractor and
subcontractor using their purchased materials in the
ordinary course of their work, e.g., left over paint, etc.
The Contractor is responsible for the prompt removal
from JSL sites of any such hazardous waste generated
under the guidance of JSL contract execution incharge.
Solid Waste Storage, Disposal, and Recycling # The
Contractor and Subcontractor personnel are required to
sort, separate, and recycle recyclable materials while
performing work on the JSL site. The Contractor and the
Subcontractor personnel will adhere to the following:
No hazardous wastes will be placed into any trash
receptacle or compactor on JSL sites.
All chemical containers must be empty before placing
them in any trash receptacle. Empty is defined as having
no liquids, pastes, or large amounts of residue remaining
in the container. If not empty, chemical container may be
required to be disposed of as hazardous waste.
The Contractor must remove chemical containers brought
on site by the Contractor.
APPENDIX D
PLANT-WISE PPE REQUIREMENT
FERRO ALLOYS:
MANDATORY PPE: Safety shoes, Safety helmet, Dust
masks, Safety goggles, Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, kevler hand gloves, PVC
hand gloves, rubber hand gloves, PVC apron, Full Body
safety harness with double lanyard (FBSH), ear plug
/muff, FR apron, gum boots, helmet with face shield,
welding helmet, safety net, Tight fitting clothing, Nitrile
sole safety shoes.
CPP:
MANDATORY PPE: Safety shoes, Safety helmet, Dust
masks, Safety goggles, ear plug, Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, Kevler hand gloves, PVC
hand gloves, rubber hand gloves of rated capacity
(e.g.11KV, 33KV etc), PVC apron, FBSH, ear plug
/muff, gum boots, welding helmet, boiler suit, safety net,
electrical safety shoes, electric flash over suit.
CRMHS:
MANDATORY PPE: Safety shoes, Safety helmet, Dust
masks, Safety goggles, Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, PVC hand gloves, rubber
hand gloves, , FBSH, ear plug /muff, gum boots, shield,
welding helmet, safety net, Tight fitting clothing
COKE OVEN:
MANDATORY PPE: Safety shoes, Safety helmet, Dust
masks, Safety goggles, Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, kevler hand gloves, PVC
hand gloves, rubber hand gloves, PVC apron, FBSH, ear
plug /muff, FR apron, gum boots, helmet with face
shield, welding helmet, safety net, acid alkali
vapour masks, Tight fitting clothing, Nitrile sole safety
shoes , boiler suit, electrical safety shoes
SMS:
MANDATORY PPE: Safety shoes, Safety helmet (FR),
Dust masks, Safety goggles, ear plug/Muff,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, kevler hand gloves, PVC
hand gloves, rubber hand gloves, PVC apron, FBSH,
ear plug /muff, FR apron, gum boots, helmet with face
shield, welding helmet, safety net , Tight fitting clothing,
Nitrile sole safety shoes, melting goggles, hot metal
splashing retardant jacket/ apron, electrical safety shoes
HSM:
MANDATORY PPE: Safety shoes, Safety helmet,
Page 7 of 8

GENERAL CONDITIONS OF THE CONTRACT :
Cotton hand gloves, ear plug, Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Rubber hand
gloves, Kevlar hand gloves , leather hand gloves,
aluminized hand gloves, shockproof hand gloves ,
helmet with face shield ( clear and heat resistance),
welding helmet, gum boots, chemical suit, tight
fitting cloth, safety goggles (splash, cobalt), ear
muff, FBSH, electrical safety shoes, aluminized heat
resistance coat pant, dust mask
CRM:
MANDATORY PPE: Safety shoes, Safety helmet,
Cotton hand gloves, Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, kevler hand gloves, PVC
hand gloves, rubber hand gloves, PVC apron, FBSH,
ear plug /muff, FR apron, gum boots, electrical safety
shoes, helmet with face shield, welding helmet, safety
net, acid alkali vapour masks, boiler suit, Acid
resistance suit, Acid resistance hand gloves, Cut
resistance hand gloves
CENTRAL CIVIL:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Gum boots,
FBSH, Dust masks, PVC/Rubber hand gloves, Safety
net, welding helmet, leather hand gloves
CENTRAL GROWTH SHOP:
MANDATORY PPE: Safety shoes, Safety helmet,
Ear plug/muff, Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Tight fitting
clothing, Leather hand gloves, cotton hand gloves,
safety goggles, face shield, PVC/Rubber hand gloves,
electrical safety shoes, welding helmet, safety
goggles, dust masks
Annexure-A
AUTOMOBILE:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, safety goggles, face
shield, PVC/Rubber hand gloves, welding helmet,
safety goggles, dust masks
HR & ADMIN:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
I & SM:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, safety goggles, face
shield, PVC/Rubber hand gloves, welding helmet,
safety goggles, dust masks
IT:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, safety goggles, face
shield, PVC/Rubber hand gloves, welding helmet,
safety goggles
LOGISTICS:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: cotton hand
gloves, safety goggles, dust masks
PURCHASE:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: cotton hand
gloves, safety goggles, dust masks
MRSS:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, PVC hand gloves, rubber
hand gloves of rated capacity (e.g. 11KV, 33KV etc),
PVC apron, FBSH, ear plug /muff, electric flash over
suit, gum boots, welding helmet
PPC:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: cotton hand
gloves, safety goggles, dust masks
QUALITY:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: cotton hand
gloves, leather hand gloves, safety goggles, dust
masks, cut resistance hand gloves, Apron acid
resistance, Acid resistance hand gloves
SALES:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: cotton hand
gloves, safety goggles, dust masks
F & A:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
6200005692 / 17.08.2018
TRADE-WISE / JOB SPECIFIC PPE: cotton hand
gloves, safety goggles, dust masks
CENTRAL UTILITY:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: Leather hand
gloves, cotton hand gloves, safety goggles, face shield,
PVC/Rubber hand gloves, welding helmet, safety
goggles, dust masks, FBSH, safety net.
EHS:
MANDATORY PPE: Safety shoes, Safety helmet,
Reflective Jacket
TRADE-WISE / JOB SPECIFIC PPE: PVC hand gloves,
rubber hand gloves, PVC apron, FBSH, FR apron, fire
proximate suit, gum boots, cotton hand gloves, leather
hand gloves, Safety goggles, dust masks, acid alkali
vapor masks.
Colour Coding an IS Code of PPEs:
Helmet #Yellow colour (IS 2925)
Safety shoe- IS15298
Reflective Jacket- Orange colour ( Three side opening
with chest adjustment Velcro type attachment, PP wire
mess fabric with 135 GSM, reflective tape-regular RT
tape with two vertical one horizontal size 1.5 inch
,SAFETY IS MY RESPONSIBILITY in circle in front
side left chestarea and ASSOCIATES with JSL logo in
back side to be printed reflectivity # 150 CD/Lux,
Visibility # 200 to 250 meters )
Page 8 of 8