written instruction or decision.

Thereupon, the Dispute Redressal Committee shall give its

written instruction or decision within a period of three months from the date of receipt of
the Contractor’s letter.
The Dispute Redressal Committee in each of the Works Departments shall be constituted
with the following officials as Members:

1 Secretary / Engineer-in-Chief of the Department Chairman

concerned

2 Joint Secretary / Deputy Secretary / any Officer of Member

equivalent rank of the Department

One Designated Chief Engineer / Engineer of the Member Secretary

3 Department to be nominated by the Department and Convenor
concerned.
4 One representative of Finance Department of the
Government not below the rank of Joint Secretary or Member
Financial Advisor in case of the Works Department where
FA system has been introduced.

This provisions will be applicable irrespective of the value of the works to which the
dispute may relate.

Clause 26. The contractor shall fully indemnify and keep indemnified the implementing
Department against any action, claim or proceeding relating to infringement or use of any
patent or design or any alleged patent or design rights and shall pay any royalties which
may be payable in respect of any article or part thereof included in the contract. In the
event of any claims made under or action brought against implementing Department in
respect of any such matter as aforesaid, the contractor shall be immediately notified
thereof by the implementing Department and the contractor shall be at liberty, at his/ her
own expense, to settle any dispute or to conduct any litigation that may arise therefrom,
provided that the contractor shall not be liable to indemnify the implementing Department
if the infringement of the patent or design or any alleged patent or design right is the
direct result of an order passed by the Engineer-in-Charge this behalf.

Clause 27. When the estimate on which the tender is made includes lump sums in
Lump sum as in respect of parts of the work, the contractor shall be entitled to payment in respect of the
estimates items of works involved or the part of the work in question at the same rates as are payable
under this contract for such items, or if the part of the work in question is not, in the
opinion of the Engineer-in-charge, capable of measurement, certificate in writing of the
Engineer-in-charge shall be final and conclusive against the contractor with regard to
any sum or sums payable to him under the provisions of this clause.

Clause 28. In the case of any class of work for which there is no such specifications as
referred to under Clause 11, such work shall be carried out in accordance with the latest
Bureau of Indian Standards (BIS) specifications. In case there are no such specifications
Action where in Bureau of Indian Standards, the work shall be carried out as per reputed
no specification manufacturer’s specifications if accepted by the Engineer-in-Charge. If not available, then
as per State Government / Union Government accepted and approved specifications. In
case there are no such specifications as required above, the work shall be carried out in
all respects in accordance with the instructions and requirements of the Engineer-in-
Charge which is approved by the Tender Accepting Authority.

Clause 29. The expression “works” or “work” where used in these conditions shall,
Definition of
unless there be something either in the subject or context repugnant to such construction,
works
be constructed and taken to mean the works by or by virtue of the contract constructed to
be executed, whether temporary or permanent and whether original, altered, substituted or
additional.

Clause 30. The Contractor(s) shall at his/their own cost provide his/their labour with
hutting on an approved site, and shall make arrangements for conservancy and
sanitation in the labour camp to the satisfaction of the local Public Health and Medical
Authorities. He/they shall also at his/their own cost make arrangements for the laying

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 of pipe lines for water supply to his/their labour camp from the existing mains
wherever available, and shall pay all fees, charges and expenses in connection with there
and incidental thereto.

Clause 31. The contractor(s) shall make his/their own arrangements for water required
for the work and nothing extra will be paid for the same. This will be subject to the
following conditions:-
i) That the water used by the contractor(s) shall be fit for construction purposes to the
satisfaction of the Engineer-in-charge;
ii) The Engineer–in-Charge shall make alternative arrangements for supply of water at
the risk and cost of contractor(s) if the arrangements made by the contractor(s) for
procurement of water are, in the opinion of the Engineer-in-Charge, unsatisfactory.

Clause 32. The contractor undertakes to make arrangement for the supervision of the
work by the firm supplying the construction materials. The Contractor shall collect the
total quantity of materials as per approved programme required for the work as per
approved programme, before the work is started and shall hypothecate it to the Engineer-
in-Charge. If any material remains unused on completion of the work on account of lesser
use of materials in actual execution for reasons other than authorized changes of
specifications and abandonment of portion of work, a corresponding deduction equivalent
to the cost of unused materials as determined by the Engineer-in-Charge shall be made
and the material returned to the contractor. Although the materials are hypothecated to
Institute, the contractor undertakes the responsibility for their proper watch, safe custody
and protection against all risks. The materials shall not be removed from site of work
without the consent of the Engineer-in-Charge in writing.
The contractor shall be responsible for rectifying defects noticed within Defect Liability
Period from the date of completion of the work and the portion of the security deposit
relating to work shall be refunded after the expiry of Defect Liability Period.

Clause 33. The contractor shall provide all necessary superintendence during execution
of the work and as long thereafter as may be necessary for proper fulfilling of the
Contractors obligations under the contract.
Superintendence,
Supervision, The contractor shall immediately after receiving letter of acceptance of the tender and
Technical Staff & before commencement of the work, intimate in writing to the Engineer-in-Charge, the
Employees name(s), qualifications, experience, age, address(es) and other particulars along with
certificates, of the principal technical representative to be in charge of the work and other
technical representative(s) who will be supervising the work. The Engineer-in-Charge shall
within 3 days of receipt of such communication intimate in writing his/her approval or
otherwise of such representative(s) to the contractor. Any such approval may at any time
be withdrawn and in case of such withdrawal, the contractor shall appoint another such
representative according to the provisions of this clause. Decision of the tender accepting
authority shall be final and binding on the contractor in this respect. Such a principal
technical representative shall be appointed by the contractor soon after receipt of the
approval from the Engineer-in-Charge and shall be available at site before start of work.
If the contractor (or any partner in case of firm/company) himself/herself has such
qualifications, it will not be necessary for the said contractor to appoint such a principal
technical representative but the contractor shall designate and appoint a responsible agent
to represent him and to be present at the work whenever the contractor is not in a position
to be so present. All the provisions applicable to the principal technical representative
under the clause will also be applicable in such a case to the contractor or his responsible
agent. The principal technical representative and/or the contractor shall on receiving
reasonable notice from the Engineer-in-Charge or his designated representative(s) in
charge of the work in writing or in person or otherwise, present himself/herself to the
Engineer-in-Charge and/or at the site of work, as required, to take instructions.
Instructions given to the principal technical representative or the responsible agent shall
be deemed to have the same force as if these have been given to the contractor. The
principal technical representative and/or the contractor or his/her responsible authorized
agent shall be actually available at site especially during important stages of execution of
work, during recording of measurement of works and whenever so required by the
Engineer-in-Charge by a notice as aforesaid and shall also note down instructions
conveyed by the Engineer-in-Charge or his/her designated representative in the site order

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 book and shall affix his signature in token of noting down the instructions and in token of
acceptance of measurements.
If the Engineer-in-Charge, whose decision in this respect is final and binding on the
contractor, is convinced that no such technical representative(s) is/are effectively
appointed or is/are effectively attending or fulfilling the provision of this clause, a recovery
(non-refundable) shall be effected from the contractor as specified in Schedule and the
decision of the Engineer-in-Charge as recorded in the site order book and measurement
recorded checked / test checked in Measurement Books shall be final and binding on the
contractor. Further if the contractor fails to appoint a suitable technical representative
and/or other technical representative(s) and if such appointed persons are not effectively
present or are absent by more than two days without duly approved substitute or do not
discharge their responsibilities satisfactorily, the Engineer-in-Charge shall have full powers
to suspend the execution of the work until such date as suitable other technical
representative(s) is/are appointed and the contractor shall be held responsible for the
delay so caused to the work. The contractor shall submit a certificate of employment of the
technical representative(s) along with every running account bill / final bill and shall
produce evidence if at any time so required by the Engineer-in-Charge.

The contractor shall provide and employ on the site only such technical assistants as are
skilled and experienced in their respective fields and such foremen and supervisory staff as
are competent to give proper supervision to the work.
The contractor shall provide and employ skilled, semi-skilled and unskilled labour as is
necessary for proper and timely execution of the work.
The Engineer-in-Charge shall be at liberty to object to and require the contractor to remove
from the works any person who, in his opinion, misconducts himself, or is incompetent or
negligent in the performance of his duties or whose employment is otherwise considered by
the Engineer-in-Charge to be undesirable. Such person shall not be employed again at
works site without the written permission of the Engineer-in-Charge and the persons so
removed shall be replaced as soon as possible by competent substitutes.

Clause 34. "Levy / Taxes Payable by Contractor"

(i) GST, Building and other Construction Workers’ Welfare Cess or any other tax or
Cess in respect of this contract shall be payable by the Contractor and Engineer-in-
Charge shall not entertain any claim whatsoever in this respect.
(ii) The contractor shall deposit Government Royalty and obtain necessary permit for
supply of the sand, stone chips, red bajri, sand stone, river bed materials etc. from
local authorities, if those are directly procured from quarry sites.
In case materials are procured from secondary sources, certificates of quarry owners
to the effect of payment of royalties and Cess would have to be furnished. In absence
of such certificates towards payment of Royalties and Cess such components shall
be deducted from the contractor’s bills at prescribed rates and deposited through
‘GRIPS’ portal or otherwise, in the designated Government Treasuries/PAO.
If pursuant to or under any law, notification or order, any Royalty, Cess or the like
becomes payable by the implementing Department and does not at any time become
payable by the contractor to the State Government/Local appropriate authorities in respect
of any material used by the contractor in the works then in such a case, it shall be lawful
to the Department and it will have the right and be entitled to recover the amount paid in
the circumstances as aforesaid from dues of the contractor.

Clause 35.
(i) All tendered rates shall be inclusive of statutory taxes and levies payable under
respective statutes. However, if any further tax or cess is imposed by Statute, after the
last stipulated date for the receipt of tender including extensions if any and the
contractor thereupon necessarily and properly pays such taxes/levies/cess, the
contractor shall be reimbursed the amount so paid. Provided such payments, if
any, is not, in the opinion of the Engineer-in-charge (whose decision shall be final and
binding on the contractor) attributable to delay in execution of work within the control
of the contractor.
(ii) The contractor shall keep necessary books of accounts and other documents for the
purpose of this condition as may be necessary and shall allow inspection of the same
by a duly authorized representative of the Department and/or the Engineer-in-Charge

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