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TAMIL NADU GENERATION AND DISTRIBUTION

CORPORATION LIMITED

NAMAKKAL EDC

SPECIFICATION FOR WORKS CONTRACT


PALLIPALAYAM DIVISION
EAST PALLIPALAYAM AND VEPPADAI SUB DIVISION

THROUGH E-TENDERING.

( Through NIC Platform)

East- Pallipalayam section & Thaneerpandalpalayam section-


Conversion of Ex. Over head power line into HT UG cable at
5 location across Railway line

SPEC.NO.SE/NEDC/ 017 /2023-24, Dt. 08.12 .2023

Due on: 22.12 .2023


TANGEDCO
Namakkal Electricity Distribution Circle

1) Tender No. SE/NEDC/SPECNo.017 /2023-24, Dt.08.12.2023.


2) Name of the work E-tender for Execution of Works contract for East-
Pallipalayam section & Thaneerpandalpalayam
section-Conversion of Ex.Over head power line into
HT UG cable at 5 location across Railway line
– in Pallipalayam division of Namakkal EDC.
3)Tender Quantity As per BOQ
4) Period of contract 6 Months from the date of commencement of
work.
e-Tender System (Online - Techno-Commercial
5) Method of Tender Bid and Part II - Price Bid and Through
www.tntenders.gov.in
Rs.37,000/- (Rupees in words Thirty seven
thousand only)BY Demand draft in the name of
6) Earnest Money Deposit (EMD) the Superintending Engineer/NEDC/
TANGEDCO/ Namakkal (or) through e-Payment
IB (NEFT /RTGS) No.773267341, IFSC Code:
IDIB000N011
7) URL for online bid submission for e- Tender www.tntenders.gov.in
8) Last date for submission of EMD 22.12.2023 @ 14.00 HRS
9) Last date for submission of Techno
Commercial Bid & Price Bid 22.12.2023 @ 14.00 HRS
10) Date & time of opening of tender
electronically 26.12.2023 @ 10.30 HRS
11) Specification at website
The tender specification will be placed at
(www.tntenders.gov.in) The prospective bidders
may download the same and upload the tender.
The Earnest Money Deposit specified above should be
a Demand Draft /Banker’s cheque for the above
amount from any of the Nationalised/scheduled/Foreign
Banks with branches in India payable to the
11) Documents to be uploaded by the Superintending Engineer/NEDC/Namakkal payable at
Namakkal OR through NEFT/RTGS for Account No:
Tenderers during e-submission
773267341 and IFSC code : IDIB000N011. The
DD/Banker’s cheque should be received at Office of
Superintending Engineer/Namakkal electricity
Distribution Circle/ Namakkal on or before. 22.12.2023
@ 14.00 HRs. Amount transferred through
NEFT/RTGS has to be credited Two hours before
opening of Tender.
Office of the Superintending Engineer /
12) Clarification to be sought for from Namakkal Electricity distribution Circle,
Namakkal – 637 001.
Office of the Superintending Engineer /
13) Place at which tenders will be Opened Namakkal Electricity distribution Circle,
Namakkal – 637 001.

Note: - The NEFT/RTGS. transaction should be made only thr’o tenderers bank A/c only. Transaction
thr’o other than tenderers bank A/c will not be accepted and such offer liable for rejection
SD/-08.12.23
Superintending Engineer,
Namakkal EDC
SPECIFICATION NO: SE /NEDC/ Spec No.017/2023 – 24, dt.08.12.2023.

NAME OF WORK : Namakkal EDC – Pallipalayam Division – East Pallipalayam


Sub division-East-Pallipalayam section & Veppadai Sub division –
Thaneerpandalpalayam Section - Conversion of Ex.Over head power
line into HT UG cable at 5 location across Railway line works by
engaging contractor works for a period of 6 Months from the
date of commencement of work.

.
DESCRIPTION

SECTION - I : INSTRUCTIONS TO THE TENDERERS

SECTION - II : EARNEST MONEY DEPOSIT

SECTION - III : COMMERCIAL


SCHEDULE – DEVIATION FROM TECHNICAL TERMS &
:
A1&A2 COMMERCIAL TERMS
DECLARATION FORM
ANNEXURE-I :

UNDERTAKING TOWARDS JURISDICTION OF


ANNEXURE –II :
LEGAL PROCEEDINGS

**************
1.) CLEAR SCANNED COPY OF E-RECEIPT WITH UTR NUMBER FOR THE
PAYMENT OF EARNEST MONEY DEPOSIT HAS TO BE UPLOADED ALONG WITH
THE OTHER DOCUMENTS AS REQUESTED IN POINT 5A OF DETAILS OF
TENDER SPECIFICATION
BIDDERS ARE REQUESTED TO READ THE
2.BID QUALIFICATION REQUIREMENTS:

The Bidders shall become eligible to bid on satisfying the following Bid
Qualification Requirements and uploading of the required documentary
evidences.

1) GST number & PAN (Adhaar Number in case of individual name)


2) ONLINE UTR details for payment of EMD (or) proof of eligibility for
exemption from payment of EMD as mention in Section II.

3) EPF Main Code Number, ESI registration details

4) The tenderer may be either individual or consortium.


5) In case the bidder is a consortium, the consortium need to qualify all of
the above bid qualification requirements individually or together.
6) The offers of tenderers not satisfying the above ‘BQR’ and who have not
attached the documentary evidences for satisfying the above BQR will be
summarily rejected. The bidder shall attach the documentary proof for all
the above BQR electronically as pdf document.
7) The tenders uploaded without any of the documents mentioned in the
checklist (technical bid -3.1) and without any of the documents mentioned
in the Bid qualification requirement will be summarily rejected.
SECTION – I

INSTRUCTION TO TENDERERS
TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD

Namakkal Electricity Distribution Circle/ Namakkal

RUNNING CONTRACT TENDER SET – E - TENDER

SPECIFICATION NO: SE /NEDC/ Spec No.017/2023 – 24, dt.08.12.2023.

NAME OF WORK : Namakkal EDC – Pallipalayam Division – East Pallipalayam


Sub division-East-Pallipalayam section & Veppadai Sub division –
Thaneerpandalpalayam Section - Conversion of Ex.Over head
Power line into HT UG cable at 5 location across Railway line
works by engaging contractor works for a period of
6 Months from the date of commencement of work.

1.0. SCOPE OF WORK:

1.1.The Scope of works (described in BOQ) include cost of Labour/


Machinery charges, Supervision charges and transporting charges etc.,
The quantity of the works in each items mentioned in the BOQ are tentative
estimate for arriving face value of the tender, But the quantity of the each item may
vary as per the field requirement while execution of the works. The rate quoted
should be firm for the entire contract period. The face value of the contract will be
maintained within the approved contract value.
1.2 LOCATION:
The five locations are located in Thaneerpandalpalayam and East Pallipalayam
section in Pallipalayam division. The site can be inspected by the tenderers
on any working day during office hours by contacting the Assistant Executive
Engineer/O&M/Veppadai and Assistant Executive Engineer/O&M/
Pallipalayam.

1.3.The period of Contract


The period of Contract is for 6 Months from the date of execution of
Agreement or completion of face value whichever is earlier

1.4. The tenders may be downloaded and uploaded through M/s NIC portal. The
tender cover should be addressed to the Superintending Engineer /NEDC/
Namakkal and put in a sealed cover. The sealed cover should have the following:
(a) Proof for payment of EMD and other documents as specified in previous page
before 2 Hours on the due date and time of Tender..
a) Other document consist of Proof for EMD Paid
b) Proofs for
c) GST and PAN (Adhaar in case of individual name)
d) Schedule B and C
e) ANNEXURE I, II & III
f) Registered contractor of TANGEDCO
g) EPF Main Code Number

1.5. The Board will not be responsible for any postal or other transit delay in
receipt of the tender offer.
1.6. Telex, Fax, email, Telegraphic offer will not be entertained. The TAMILNADU
GENERATION AND DISTRIBUTION CORPORATION LTD reserves the right to
reject any offer which is not received according to the instructions stipulated
herein. Bidders are advised to see the web site regularly to remain updated with
latest information to ensure that they do not miss out any corrigendum/
addendum uploaded against the said tender after downloading the tender
document. The responsibility of downloading the related corrigendum, if
any, will be that of the bidders.
Note: If the due date happens to be a holiday the tenders will be and opened on the
immediate succeeding working day without any change in the time indicated.
Tender submission date will not be changed to this case
1.7.If the tenderer has any doubt about the meaning of any portion of this
specification, he should at once submit particulars thereof to the Superintending
Engineer / Namakkal EDC/ Namakkal in writing in order that the doubts may be
cleared before the submission of his tender.
1.8 If the tenderer finds any ambiguity in any of the terms and conditions
stipulated in this specification, he shall get it clarified from the Superintending
Engineer / Namakkal EDC/ Namakkal, before opening of the tender and copies of
the reply to clarification sought will be communicated to all those who have
requested doubts.If this is not done and subsequent to the pening of the tenders, it
is found that the doubts about the meaning or ambiguity in the interpretation of
any of the terms and conditions stipulated in this specification are raised by the
tenderer either in his tender or by a separate letter, the interpretation or
clarification issued by the Superintending Engineer /NEDC / Namakkal, such of
those terms and conditions of the specification as may be raised by the tenderer,
shall be binding on the tenderer.
1.9.The tenders will be opened at the O/o. Superintending
Engineer/NEDC/Namakkal on the due date and time in the presence of such of
those tenderers who may desire to be present through eTendering method.
2.0) The contract rate once agreed will be fixed and firm during the contract
period. TamilNadu Transparency in Tenders Act 1998 and the Tamil Nadu
Transparency in Tender Rules 2000 and subsequent amendments there of are
applicable to this Tender.
3.0 REJECTION OF TENDERS
I. Tenders will be SUMMARILY rejected if
a) The EMD requirements are not complied with.
b) Tenders received from Agents/Dealers will not be considered.
II. Tender is LIABLE to be rejected, if it is:
a) Not in conformity with TANGEDCO‟s Commercial terms and Technical
Specifications.
b) Received from a tenderer who is directly or indirectly connected with
Government service or Board Service or services of local authority.
c) From any black listed Firm or Contractor.
d) Received by Telex / Telegram / E-Mail/ Fax.
e) From a tenderer whose past performance / Vendor rating is not satisfactory
f) Documents furnished by the Tenderers along with their offer being found to
be bogus or contain false particulars.
g) Received after due date and time.
h) BQR conditions are not satisfied.
i) Not submitted in proper form.
j) Not properly signed by the tenderer.
k) The tenderer who quote a lower validity period than that mentioned.
l) If not furnishing the GST No.and EPF Main code number in the offer.
m) Not covering the entire scope of work
4.0 SUBMISSION OF TENDER OFFER:
4.1.The tenderer is expected to examine all instructions, Schedules and Annexures
detailed in the Specification and submit the Schedule of Prices and other required
particulars in the Schedules and Annexures called for in this Specification, only as
per the formats prescribed herein.
5.0 SUBMISSION OF TENDERS:
5.1.The Tender Offer consisting of Schedules-A,B1,B2,C and Annexure I,II &III
should be filled up and signed by the Tenderer or any person holding Power of
Attorney authorizing him to sign on behalf of the Tenderer before submission of the
Tender. The date of signature should invariably be indicated.
5.2. Modifications/Clarifications to Tender Documents:
5.2.(1). At any time after the commencement of e-Tender and before the closing of
the event, TANGEDCO may make any changes, modifications or amendments to the
tender documents and same will be intimated to the concerned Vendors through
corrigendum which can be downloaded from the Vendor login .
5.2.(2)In case any tenderer asks for a clarification to the tender documents before
48 hours of opening of tenders, the SE/NEDC/TANGEDCO/Namakkal will clarify
the same. If any tenderer raises clarifications after the opening of the tender, the
clarified reply issued by the SE/NEDC/TANGEDCO/NAMAKKAL on the
clarifications will be final and binding on the Tender.
5.3 All tender offers shall be prepared by typing or printing in the formats enclosed
with this specification.
5.4.All information in the tender offer shall be in ENGLISH only. It shall not contain
interlineations, erasures or overwriting except as necessary to correct errors made
by the tenderer. Such erasures or other changes in the tender documents shall be
attested by the persons signing the tender offer. (Full signature)
5.5.QUOTATION OF RATES:
5.5(1).Rates should be quoted figures i.e., integers only.
5.5(2).Offers giving lumpsum price, without giving their breakup as per details
required in the attached BOQ shall be liable for rejection.
5.6. PRINTED TERMS AND CONDITIONS IN TENDERS:
Supplier's printed terms and conditions will not be considered as forming part
of the tender under any circumstances.
5.7. INCOMPLETE TENDERS:
Tender, which is incomplete, obscure or irregular, is liable for rejection.
6.0 AMBIGUITIES IN CONDITIONS OF TENDERS:

6.1 In the case of ambiguous or contradictory terms /conditions mentioned in the


bid, interpretation as may be advantageous to the purchaser may be taken without
any reference to the Tenderer.

6.2.The tender offer shall contain full information asked for in the accompanying
schedules and else wherein the specification.
6.3.Tenderers shall bear all costs associated with the participation in the e-Tender
and the purchaser will no case be responsible or liable for these costs.
6.4. No offer shall be withdrawn by the Tenderer in the interval between the
dead line for submission and the expiry of the period of validity specified /
extended validity of the tender offer.
7.0 TENDER OPENING:
7.1. OPENING OF COMMERCIAL & TECHNICAL BIDS WITHOUT PRICE (PART-

I): The Tender offers except price Bid will be opened electronically at 14.00 Hrs. on
the date notified at the Office of the Superintending Engineer/ Namakkal Electricity
Distribution Circle/Namakkal, through http://www.tntenders.gov.in in the
presence of tenderers authorized representative who may wish to be present on the
date of opening.
7.2.OPENING OF THE PRICE BIDS:
7.2(1) The date and time of opening of Price Bids shall be declared on the date of
technical bid evaluation through online whose bids are found to be commercially
and technically acceptable.
8.0.INFORMATION REQUIRED AND CLARIFICATIONS:
8.1.In the process of examination, evaluation and comparison of tender offers, the
TANGEDCO may at its discretion, ask the Tenderer for a clarification of his offers.
All responses to requests for clarifications shall be in writing to the point only. No
change in the price or substance of the offer shall be permitted.
8.2.The TANGEDCO will examine the tender offers to determine whether they are
complete, whether any computational errors have been made, whether required
sureties have been furnished, whether the documents have been properly signed
and whether the offers are generally in order.
8.3.The Tender offers shall be deemed to be under consideration immediately after
they are opened and until such time official intimation of award / rejection is made
by the Tender Accepting Authority to the tenderers. The tenderers shall not make
attempts to establish unsolicited and unauthorized contact with the Tender
Inviting Authority, Tender Accepting Authority or Tender Scrutiny Committee
after the opening of the tender and prior to the notification of the award and
any attempt by any tenderers to bring to bear extraneous pressures on the
Tender Accepting Authority shall be sufficient reason to disqualify the
tenderer.
8.4.Mere submission of any Tender offer connected with these documents and
Specification shall not constitute any agreement. The tenderer shall have no cause
of action or claim, against the TANGEDCO for rejection of his offer. The
TANGEDCO shall always be at liberty to reject or accept any offer or offers at its
sole discretion and any such action will not be called into question and the
tenderer shall have no claim in that regard against the TANGEDCO.
9.0 EVALUATION AND COMPARISON OF THE TENDER OFFERS:
9.1.The tenders will be evaluated strictly as per the Tamil Nadu Transparency in
Tenders Act, 1998 and the Tamil Nadu Transparency in Tender Rules, 2000.
9.2. The tender offers received will be examined to determine whether they are in
complete shape, all required Data have been furnished, properly signed and
generally in order and conforms to all the terms and conditions of the Specification
without any deviation.
9.3.For the purpose of evaluation of tender offers, the following factors will be taken
in to account for arriving the evaluated price:

9.4.The quoted price will be corrected for arithmetical errors.

9.5.Respective GST for the Services to be rendered will be taken for evaluation
purpose.
9.6.The Evaluated price will include Ex-works price, GST, Freight and insurance
charges.
9.7.Offers will be evaluated in pursuance of the clause 9.3(c) as above and no price
preference shall be extended in evaluation of offers in view of withdrawal of the
provision for extending price preference in Tamil Nadu Transparency in Tenders Act
1998.
9.8. The rates quoted by the eligible lowest tenderer in the open tender shall be
compared with the prevailing market rate and the rates of previous period and if the
Tender Accepting Authority is of the view that the quoted rates are too high, the
rates will be negotiated and the rate will be determined. All eligible bidders who
accept the rate shall be enlisted.
10.0 VALIDITY:

10.1.The tender will be valid for a period of 120 days from the date of opening.
The tender offer shall be kept valid for acceptance for period of 120 days from the
date of opening of offers. The offers with lower validity period are liable for rejection.
10.2.Further, the tenderer shall agree to extend the validity of the Bids without
altering the substance and prices of their Bid for further periods, if any, required by
the TANGEDCO.
11.RIGHTS OF THE BOARD:
11.1)Notwithstanding anything contained in this Specification, the TANGEDCO
reserves the rights :
11.2) to vary the quantity finally ordered to the extent of 25% indicated in the
Tender document.
11.3)to split the Tendered Quantity and place orders on one or more than one firm
as per the Tamil Nadu Transparency in Tender Rules 2000 since the tendered
material is so vital in nature and the failure in supply would affect the public
interest.
11.4)to recover losses , if any, sustained by TANGEDCO, from the supplier who
pleads his inability to supply and backs out of his obligation after award of
contract. The security deposit paid shall, be forfeited.
11.5) to cancel the orders for not keeping up the delivery schedule.
11.6) to accept the lowest eligible tender.
11.7) to reject any or all the tenders or cancel without assigning any reasons there
for.
11.8) to relax or waive or amend any of the conditions stipulated in the tender
Specification wherever deemed necessary in the best interest of the TANGEDCO.
The TANGEDCO reserves the right to request for any additional information and
also reserves the right to reject or accept the proposal of any tenderer, if in the
opinion of the purchaser, the qualification data is in complete or in the opinion of
the TANGEDCO the bidder is found not qualified to satisfactorily perform the
contract
12. DEVIATIONS:
12.1. The offers of the Tenderers with Deviations in Commercial terms and
Technical Terms of the Tender Document are liable for rejection.
12.2.No alternate offer will be accepted.
13.0 BAR OF JURISDICTION:
Save or otherwise provided in Tamil Nadu Transparency in Tender Act 1998
no order passed or proceeding taken by any officer or authority under the above act
shall be called in question any court and no injunction shall be granted by any
court in respect of any action taken or to be taken by such officer or authority in
pursuance of any power conferred by or under the above action.

SD/-08.12.23
Superintending Engineer
Namakkal EDC
SECTION – II

EARNEST MONEY DEPOSIT

1) Tenderer should pay the specified amount towards Earnest Money Deposit as
follows: Earnest Money Deposit: Rs.37,000.00 (Rs. Thirty seven thousand only)

2) The Earnest Money Deposit specified above should be in the form of


NEFT/RTGS as mentioned above in 5(a) of Foreword for the above amount. Scanned
copy of the E-receipt duly reflecting the UTR Number shall be uploaded. The EMD
amount has to be received in TNEB/TANGEDCO account through e payment, on
22.12.2023 before 14:00 HRS). EMD amount received beyond tender closing
time will be summarily rejected.

3) The EMD will not carry any interest.

4) The Earnest Money Deposit will be refunded to the unsuccessful tenderers on


application to the Superintending Engineer/NEDC/Namakkal after intimation
of the rejection/ non-acceptance of their tender is sent to them.

5) Any other mode of payment of EMD other than NEFT/RTGS shall not be
accepted towards EMD. and the tenders shall be rejected if EMD is not paid
in the prescribed manner.
6) The following categories of Industries are exempted from payment of EMD.

a) "Micro and Small Enterprises located within the State of Tamil Nadu are
exempted from payment of Earnest Money Deposit against the production of a copy
of 'Udyam Registration Certificate' or any other valid registration certificate/proof as
notified by the Government of India in respect of the items manufactured by
them/Works/services for participation in the tenders floated by the Government
Departments, State Public Sector Undertakings, Statutory Boards, Local Bodies, Co-
operatives, Universities and Societies formed by the Government and whenever it is
deemed necessary, the procuring entity may inspect the unit and satisfy themselves
with regard to verifying the credentials of the applicants on the line of activity
pursued by such manufacturers, quality and production capacity and other relevant
factors".

b) An undertaking has to be produced by the successful bidders that they would


pay penalty an amount equivalent to Earnest Money Deposit/Security Deposit or an
amount equal to the actual loss incurred by the procuring entities whichever is less
in the event of non-fulfillment or non-observance of any of the conditions stipulated
in the contract. The bidders who are exempted from payment of EMD shall furnish
an undertaking in lieu of EMD.

c)The SSI units located outside the State of Tamil Nadu are not eligible for
exemption from payment of EMD in TANGEDCO tenders against Udyam
Registration Certificate even though registered in Udyam Portal for tendered
items.
7.1)The e-receipt of payment of EMD through NEFT/RTGS.
7.2) Registration Certificate/Acknowledgement as proof of eligibility for exemption
from payment of EMD
8) The Earnest Money Deposit/Permanent EMD made by Tenderer will be forfeited
after e-tender opening if:
(a) he withdraws his tender or backs out after acceptance.
(b) he withdraws his tender before the expiry of validity period stipulated
in the Specification or fails to remit the Security Deposit.
(c) he violates any of the provisions of these regulations contained herein.
(d) he revises any of the terms quoted during the validity period.
(e) in the event of documents furnished with the offer being found to be bogus or
the documents contain false particulars, the EMD paid by the tenderers will be
forfeited in addition to blacklisting them for future tenders/contracts in
TANGEDCO.
SD/-08.12.23
Superintending Engineer
Namakkal EDC
SECTION - III
COMMERCIAL
1 – PLACING OF ORDERS ON RATE CONTRACT BASIS:

1.1 It is not binding on the Board to accept the lowest or any tender.
TANGEDCO reserves the right to split and place orders for the items with
different tenderers and for revising the quantities at the time of placing the
orders. The TANGEDCO reserves the right to vary the quantity finally
ordered to the extent of 25% either way of the requirement indicated in
the tender documents.
1.2 The award of contract will be issued to the successful tenderer with all
TANGEDCO's terms and conditions, duly indicating the approved unit
rates and the approximate quantity allotted to them for a period of one
year. The approved rates will be FIRM and valid for one year from the date
of receipt of award of contract.
2 .0 PRICE:
2-1 Prices and rates quoted should include cost of Labour/Machinery charges,
Supervision charges and transporting charges etc.,
2-2 The contractor‟s rate for the various items of work shall be firm for the
entire duration of contract and even during any agreed extensions there on.
2 -3 GST.(Percentage and amount)
The GST will be paid extra as applicable. The amount of GST and percentage
payable shallbe indicated separately in the tender offer. The TANGEDCO Ltd .has
been registered as a company with GSTIN Enrolment Provisional Reg
No.33AADCT4784E1ZC.
3 -ACCIDENTS AND INSURANCE:
It is incumbent on the part of the contractor to see that it shall
be his sole responsibility to protect the public and his employee against any
accidents from any cause and he shall indemnify the TANGEDCO against any
claims there under by way of accident risk insurance demand for all purpose
of relief. Failing the same or otherwise the contractor alone will be
responsible to meet the compensation . The contractor should not commence
the work without taking Insurance policy under the name of the work for the
schedule completion period and any extension there of from the date of taking
over of the site. Further penalty will also be levied for the period without
insurance coverage.

Page 14 of 41
4- ACCIDENT RISK INSURANCE POLICY:
The contractor should satisfy the field, the Superintending
Engineer/NEDC/ Namakkal that an accident Risk Insurance Policy is taken
before taking over the work. And also satisfy the field officers that policy/policies
is/are kept in force, till the work is completed and works are taken over by the
TANGEDCO on the issue of completion certificate.
5 - FIRST AID:
At the work site there shall be maintained in readily accessible place,
first aid appliance and medicine including an adequate supply of sterilized
dressing sterilized cotton wool. The appliance shall be kept in good order. They
shall be placed under the charges of responsible person who shall be readily,
available during working ours.
6 - PAYMENT::

6.1.Payment shall be processed & paid every month. 95% of the cost of works
done shall be made every month and balance 5% payment shall be made after the
Completion of the Contract and closure of the contract. Monthly payment will be
made by Cheque within reasonable time from the date of receipt of bills in
complete shape. Incase if there is any delay on the part of the contractor in
carrying out the works, then Liquidated Damages as per LD Clause shall be
deducted while effecting the monthly payment.

6.2 The payment will be made by Superintending Engineer/TANGEDCO/


Namakkal EDC/Namakkal by cheque on any of the Nationalized Banks or its
branches in Tamil Nadu. Any bank commission will have to be borne by the
successful tenderer.
6.3. On completion of work in a particular section the contractor should get the
work completion certificate in the specimen enclosed herewith. The authentication
of Assistant Engineer/Junior Engineer and Assistant Executive Engineer should
be obtained in the work completion certificate. Based on the work completion
certificate the contractor shall claim the part bill in the first week of every month
through the Assistant Executive Engineer concern who will submit the bill to the
Superintending Engineer/NEDC/Namakkal. The contract bill in triplicate shall be
sent to Superintending Engineer/Namakkal Elecy Distribution Circle/Namakkal.
The bill should be countersigned by the Executive Engineer/O&M/Namakkal.
6.4 Payment will be released within a time frame of 90 days from the date of
completed of work/Completion of service as the case may be continued to be
adopted for both SSI unit and non-SSI units and failing which simple interest for
the delayed period will be at the SBI three months MCLR.
6.5) The TDS on GST @ 2% (1% SGCT and 1% CGST or 2% IGST) or as applicable,
will be deducted while making the payment. The standard Operating procedure
(SOP) issued by CBIC is available in www.cbic.gov.in/resources//htdocs-
cbec/gst/28092018 SOP ON TDS.pdf which can be referred to for further
clarification.

Page 15 of 41
7 SECURITY DEPOSIT CUM PERFORMANCE GUARANTEE :

7.1. The successful tenderer will have to furnish 5% of order value as


Security Deposit cum performance Guarantee in the form of
NEFT/RTGS/DD/Banker‟s Cheque/Pay Order Up to a value of P.Os Rs.10 Lakhs
and Bank Guarantee may be accepted for P.Os exceeding Rs.10 Lakhs. Security
Deposit will include the Earnest Money Deposit already paid. This amount shall
be paid either in cash or DD at the Central Office of the Superintending Engineer /
Namakkal Electricity Distribution Circle. The successful tenderer will have to
furnish the Security Deposit cum performance Guarantee within 30 days from
the date of receipt of P.O. and in the event of failure to remit Security Deposit
within the prescribed period, EMD will be forfeited and order be cancelled. The
award will be made to L2 tenderer. The security deposit will not carry any
interest.

7.2. The Security Deposit will be refunded to the supplier only if the contract is
completed to the satisfaction of the purchaser. If the purchaser incurs any loss
or damages on account of breach of any of the clauses or any other
amount arising out of the contract becomes payable by the supplier to the
purchaser, then the purchaser will in addition to such other dues that he
shall have under the law, appropriate the whole or part of the security deposit
and such amount that is appropriated will not be refunded to the supplier.
7.3. Failure to comply with the terms regarding Security Deposit set out in the
purchase order within the stipulated time of the successful tenderer will entail
cancellation of the purchase order without any further reference to the supplier.

8) LIQUIDATED DAMAGES:
8.1.If the contractors fails in the due performance of this contract within the time
fixed by the contract or any extension thereof and the TANGEDCO shall have
suffered any loss from the delay occasioned by such failure the contractors is
liable at the discretion of the Engineer, to liquidated damages / penalty up to
½% of the contract price per completed week reckoned on the contract value of
such portion only of the works as cannot in consequence of the delay be used
commercially and efficiently during each month between the appointed or
extended times as the case may be and the actual time of acceptance or taking
over of the work, and such penalty shall be in full satisfaction of the contractor‟s
liabilities for delay but shall not in any case exceed 10 % of the contract value of
such portion of the work. In addition to this provision regarding levy of penalty
for slow progress of work and delay for not keeping up the interim and final
completion periods specified for various milestone activities as stipulated in the

Page 16 of 41
general condition of contract in Tamil Nadu building practice for works would
apply.
8.2.However in respect of contracts where supplies effected in part, of works
executed in part could not be beneficially used by the Board ( due to such
incomplete supplies/execution) liquidated damages shall be worked out on the
basis of entire contract price for completed work only and not on delay portion.
8.3.The contractor is liable to the TANGEDCO, in addition to liquidated damages
for delay, the actual difference in price wherever Board orders, the delayed
quantity to be supplied/executed by other agencies at a higher rates

9 FORCE MAJEURE:

9.1 The supplier shall not be liable for delay in performing his obligations
resulting directly or from any force majeure conditions here in defined as:

9.2.Any cause which is beyond the reasonable control of the supplier or


purchaser as the case may be Natural phenomena, such as floods, drought, earth
quakes and epidemics.
9.3.Act of any Govt. Authority, domestic or foreign, such as wars declared or un
declared quarantines, embargoes licensing control on production or distribution
restrictions.

9.4.Accident and disruptions such as fire, explosion, increase in power cut with
respect to date of tender opening ,break down of essential machinery or
equipments etc.

9.5.Strikes, slowdown, and lockouts.


9.6.Failure or delay in the supplier's source of supply due to force majeure causes
enumerated at 'b' to 'e' above shall be considered, provided the supplier produces
documentary evidence to show that there were no other alternative source of
supply available to him or if available the lead time required was likely to be
longer than the duration of the force majeure at the normal source of supply. All
the provisions of this clause shall apply whether the disruption cause is total or
partial in its effect upon the ability of the supplier to perform
NOTE: The cause of force majeure condition will be taken into consideration only
if the supplier notifies within 15days from the occurrence of such eventualities.
The purchaser shall verify the facts and grant such extension as the facts justify.
For extension due to force majeure conditions, the supplier shall submit his

Page 17 of 41
representation with documentary evidence for scrutiny by the purchaser and
decision of the purchaser shall be binding on the firm.
9.7.Provided that if the performance in whole or part by the supplier on any
obligation under this contract is prevented or delayed by reasons of any
eventuality for a period exceeding 60 days, the TANGEDCO may at its option
terminate the contract by a notice in writing.
9.8.The Power cut shall not be considered under force majeure condition. The
period of extension shall be decided only by the authority who placed the order,
after verifying the evidence for the cause of delay.
10. RIGHTS OF SUPERINTENDING ENGINEER:
10.1. The Superintending Engineer / NEDC / Namakkal reserves the right to
reject any tender or all the tenders without assigning any reasons and
reserves the right to distribute the work among two or more contractors.
The SE / NEDC/Namakkal also reserves the right to relax or waive any of
the conditions stipulated in this specification.
10.2. The allotment of work shall be according to capacity of the contractor and
may be varied from time to time suit the exigencies and over all programme of
works. The contractor may have to work at any place within the ………..division
jurisdiction and any other contractor will also be directed to execute the work at
any place which should not be objected by the contractor.
11. AGREEMENT AND SECURITY:
11.1.On intimation from the Superintending Engineer/NEDC/Namakkal the
successful tender should enter into an agreement with the concerned
Executive Engineer/ O&M representing The Chairman, TANGEDCO in the
prescribed form by using non judicial Stamp paper for an amount of
Rs.80 /- (Rupees Eighty only). The cost towards stamp paper should be borne
by the contractor. The contractor should not commence the work without
executing necessary agreement.
11.2) An indemnity Bond has also to be executed in a stamped paper to the value
of Rs.80/- (Rupees eighty only)

11.3) Deduction of 5% would be made in every part bill on the value of work as
security, in addition to EMD and SD until completion of the work. Such retention
amount (excluding EMD & SD) shall be released after the expiry of the contract
period or satisfactory completion of the work and at the discretion of the tender
deciding authority.
Page 18 of 41
11.4) Failure to enter into requisite agreement shall entertain forfeiture of the
Earnest Money in addition to levy of penalty
12. POWER TO RECOVER DUES TO TANGEDCO:
In case any loss to be compensated by the contractor to the TANGEDCO,
the TANGEDCO shall be entitled to retain or deduct the amount due to the
TANGEDCO from any money that may be due or may become due to the
contractor from any other contract or any other amount what so ever.
13. TERMINATION OF CONTRACT FOR POOR QUALITY OF WORKS AND
POOR PERFORMANCE.
13.1.If any contractor is found (i) not exercising adequate and ensure standard
quality of workmanship and (ii) not carrying out the work as per the required
progress, resulting in slow progress of work, he will be warned in writing by the
Superintending Engineer/NEDC/Namakkal concerned.
13.2. If they does not improve in spite of written warning, the contract will be
terminated and the Earnest Money Deposit and the Security Deposit amount will
be forfeited.
14. CONTRACTORS CLAIM:
The contractors have no claim for suspension of work for any short
supply of materials break down of machinery or any other cause.
15. NOTE TO TENDERS:
It shall be definitely understood that the TANGEDCO does accept any
responsibility for the correctness of a schedule or completeness of a schedule
attached and that this schedule is liable for alterations by omissions or
additions at the discretion of the Superintending Engineer/NEDC/Namakkal or
by his authorized representatives as set forth in the conditions of contract.
He should quote specific rate for each items in the schedule and the rates
should be in rupees and paisa. The rate should be written legible and free from
erasures. Overwriting or erroneous figures, corrections, wherever unavoidable,
should be made by crossing and full signature dating and re-writing. The rate
should be written, both in figures and words. In case of any difference between the
rates quoted in figures and words the rate which is advantageous to the board will
be taken to finalize the tender and the work will be awarded accordingly.
Tenderers are requested to see that the entire schedule is filled up without
any omissions. The alterations which are made by the tenderer in the contract
form, the conditions of Contract, the specifications or quantities
accompanying the same will not be Recognized and if any such alterations are
Page 19 of 41
made the tender will be void. Tenders not Submitted in the Board‟s schedule of
quantities will not be considered.
16- MEASUREMENT OF WORK:
16.1.It is expressly understood that not with standing any custom or practice
to the contract, payment for work done shall be based on measurement of the
actual quantities of each items on monthly basis or may be ordered by the
Superintending Engineer concerned from time to time at the contract rates for
the respective items of work. It is not binding on the TANGEDCO that the
contractor be allowed to do the entire work up-to the contract value of work.
17. CONTRACT LABOUR ACT:
17.1. The contractor should fulfill strictly all the conditions stipulated in the
contract labour (regulation and abolition act 1970) and rules made there under.
18. APPEAL:
18.1. As per provision of the Tamil Nadu Transparency in Tender Act 1998
and rules accepted to be adopted by the TNEB any tender aggrieved by the order
of the Tender accepting authorities (Competent authority) may prefer on appeal to
TANGEDCO within 10 days from the date of receipt of order and such an appeal
shall be disposed off within 15 days.
19 . PENALTY:
19.1. The work has to be started immediately on handing over of site. The work
should be completed within the time mentioned from the date of handing over of
site. The site should be taken over for execution of work immediately on hearing.
19.2.The contractor is responsible for any delay in completing the work. For
any continued slow progress or non fulfillment of any of the conditions of contract
penalty will be imposed in addition to forfeiture of EMD & SD at the discretion of
Engineer in charge and the K2 agreement is liable for termination.
20. RIGHT OF ENGINEER TO ORDER WITHDRAWAL OF LABOUR:
20.1. The Engineer shall be at liberty to object to any representatives or other
persons or labours employed by the contractors, in the executions or otherwise
who shall misconduct himself or incompetent or negligent and the contractor shall
remove the person so objected to upon on receipt from the Engineer of notice in
writing requiring him so to do, and shall provide in place a competent substitute
at the contractor‟s expenses.

Page 20 of 41
21. CONTRACTOR RESPONSIBILITY:
21.1.The contractor shall be responsible for the materials issued for use in the
works and the material that is not used on the authorized work, shall be correctly
returned to the TANGEDCO.
21.2. The contractor shall have the vehicle registered in his name/Company
name/ partners name for the Execution/Transportation works. Subletting will not
be permitted on any account. All extension works will be supervised by
TANGEDCO personnel‟s for its correctness and subject to check measurement by
the component authority. The working spot will be intimated time to time depends
on the work availability and as desired by the Board Officials.
21.3.The contractor is at his liberty to engage any number of persons for
execution of Work and the labour so engaged will not have any right to
make any claim for Employment in Board. The contractor should not issue
any certificate to the person engaged there who have worked for him. An
undertaking to this effect should also be executed by the contractor at the
time of Agreement
21.4.All safety measures should be observed at the work spot and necessary
insurance should be arranged only by the contractor. TANGEDCO will not
pay any compensation in any manner towards any unwanted things /
accidents arising out during the course of contract.
21.5.Necessary part bills may be claimed in piecemeal as desired by the
TANGEDCO Official after completion of work at a particular place and after duly
check measured and certified by the concerned AEE, such bills should be
countersigned by concerned AEE / O&M /Sub - division and sent to AAO / APS
/ CO /NEDC for processing.
21.6.The contractor should be sound enough in financial position to bear the
situation for any unforeseen delays in passing bills and payment. TANGEDCO
reserves the right to alter/relax /waive any of the conditions stipulated without
assigning any reason.
22 . SUBLETTING OF CONTRACT:
No part of the contract shall be sublet without permission of the
Superintending Engineer/NEDC/Namakkal not shall transfer be made by power
of attorney authorizing others to receive payments on the contractor‟s behalf.

Page 21 of 41
23 . SUPPLEMENTAL CONDITIONS:
23.1. Contractor shall agree not to assign to or share with any other
person or persons his interest in works or payment there of without referring
to and obtaining prior approval of the Superintending Engineer/
NEDC/Namakkal in writing.
23.2.5% of the value of work done will be recovered from each bill as with
held amount the Retention Amount including EMD and SD will be refunded after
satisfactory completion of the works contract.
23.3.The Contractor should produce his Permanent Account Number , GST &
EPF Main code Number at the time of execution of Agreement. The contractor
shall make his own arrangements for the tools and plants required for the work.
23.4.The rate furnished by the contractors for each items of works is final and
complete and no claim for fluctuation market rates or for G. S.T. Will be
entertained.
23.5. The Income tax will be deducted it the rate of 2% on the Value of the work
done with surcharge of 2% as per circular No.613 F.No.275/138/91-II dt.4.11.91
of Govt. of India Ministry of Finance Department of Revenue Central Board of
Direct Taxes New Delhi, as per rules in Vogue, in addition other statutory levies
wherever applicable will also be recovered.
23.6. The rate quoted should be furnished both in figures and words and any
correction in the rate shall be attested by the person signing the tender offer. If
there is any difference in value between the figures and words the lowest rates
quoted either in words in figures whichever is advantageous the Board will be
taken in to Account.
24- FAILURE TO EXECUTE THE CONTRACT:

24.1Contractors failing to execute the order placed on them to the satisfaction of


the TANGEDCO under the terms and conditions set forth therein, will be liable to
make good the loss sustained by the TANGEDCO, consequent to the placing of
fresh orders else where at higher rate, i.e. the difference between the price
accepted in the contract already entered in to and the price at which fresh orders
have been placed.This is without prejudice to the imposition of penalty under the
Liquidated Damages clause.

Page 22 of 41
25 NON-ASSIGNMENT:

25.1.The supplier shall not assign or transfer the contractor any part there of
without the prior approval of the Purchaser.

26. EFFECTING OF RECOVERIES:

26.1.Any loss, arising due to non-fulfillment of this contractor any other contract,
will be recovered from the Security Deposit held and /or any other amount due
to the supplier from the TANGEDCO / TANTRANSCO from this Contract as well
as from other contracts.

27. RECOVERIES OF DUES:

27.1. The Board is empowered to recover any dues against this contract in any
bills / Security Deposit / Earnest Money Deposit / Permanent Earnest Money
Deposit due to the contractor either in this contract or any other contract with
TNEB / TANGEDCO / TANTRANSCO.

27.2 To recover any dues against any other contracts of the contractor with TNEB
/TANGEDCO/TANTRANSCO, with the available amount due to the contract or
against this contract.

28.INCOME TAX PERMANENT ACCOUNT NUMBER , & EPF Main code Number

28.1The tenderers should furnish the permanent Account number issued by


Income tax Department with the Tender.
28.2.The tenderer shall furnish the GST and EPF Main code Number of the firm
along with the proof in the tender.
29-Goods and Services Tax [GST] :
29.1. Goods and Services Tax [GST] as a modern law, has been brought after
Article 366(12A) of the Constitution as amended by 101st Constitutional
Amendment Act, 2016. GST is an indirect tax system, commonly used by both the
Central Government and the State/UT to final consumption with credit of taxes paid
at previous stages available as set off. In a nutshell, only value addition will be taxed
and burden of tax Governments on goods and services. GST is a destination based
tax on consumption of goods and services. It is proposed to be levied at all stages
right from manufacture up is to be borne by the final consumer. GST has been rolled
out w.e.f. 01.07.2017, across India.

Page 23 of 41
29.2. The GST to be levied by the Centre on intra-State supply of goods and / or
services would be called the Central GST (CGST) and that to be levied by the States/
Union territory would be called the State GST (SGST)/ UTGST. Similarly, Integrated
GST (IGST) will be levied and administered by Centre on every inter-state supply of
goods and services.
29.3. Any supplier of goods and service Provider of services who makes a taxable
supply with an aggregate turnover of over Rs.20 lakhs in a financial year is required
to obtain GST registration. In special category states, the aggregate turnover criteria
is set at Rs.10 lakhs. in simple words Every business whose taxable supply of goods
or services under GST (Goods and Service Tax) and whose turnover exceeds the
threshold limit of Rs. 20 lakh / 10 Lakh as applicable will be required to register as a
normal taxable person.
29.4. GST Registration Number: TANGEDCO has migrated into GST regime on
15.06.2017 by duly uploading various mandatory data as required by the GST
portal. The provisional ID issued to TANGEDCO is 33AADCT4784E1ZC. The details
are also posted in TANGEDCO web portal.
29.5.GST Registration Number or GSTIN is 15 Digit identification number which is
allotted to each applicant who applied for GST Registration. GST Number is
completely based on the Pan Number and State code. First two digit represent the
state code and another 10 digit represent the PAN number of the client, one digit
represent the entity code (Like proprietorship or partnership etc), one digit is blank
and last one is represent check digit.
29.6. Transaction Value: The value of a supply of goods or services or both shall be
the transaction value, which is the price actually paid or payable for the said supply
of goods or services or both where the supplier and the recipient of the supply are
not related and the price is the sole consideration for the supply. Sec 15(1) states
that value of supply of goods and service shall be the transaction value i.e. the price
actually paid or payable. The conditions for accepting the transaction value are
29.7. Supplier and the recipient of the supply are not related.
29.8 Price is the sole consideration for the supply.
29.9. Composition Scheme: Composition scheme specifies that registered person
whose turnover in the preceding financial year is below certain specified limit
(Currently 0. 75 lakhs) may intimate the proper officer to pay in lieu of tax payable
by him an amount calculated at such rate may be specified.

Page 24 of 41
30.Eligibility for composition scheme:
30.1.Sec10(2) of the central Goods and Services Tax Act, 2017 states that the
registered person shall be eligible to opt under sub- section (1), if-he is not engaged
in the supply of services other than supplies referred to in clause (b) of paragraph 6
of Schedule II; he is not engaged in making any supply of goods which are not
leviable to tax under this Act;
30.2. he is not engaged in making any inter-State outward supplies of goods;
30.3.He is not engaged in making any supply of goods through an electronic
commerce operator who is required to collect tax at source under section 52; and
30.4.He is not a manufacturer of such goods as may be notified by the Government
on the recommendations of the Council.
30.5. Supply of Service and Goods: When there is a combined supply of many goods
services, it has to be determined whether it is a Composite supply or mixed supply
of goods or services
(30.6) COMPOSITE SUPPLY: A composite supply is the one where all the goods or
services or a combination has to supplied together i.e., naturally bundled and there
would be a Principal Supply that could be identified (Ex. Supply of Machinery with
packaging, insurance and freight – the principal supply is machinery). In this case,
the rate of principal supply will be applied on entire value.
(30.7) MIXED SUPPLY: A mixed supply is where the goods or services or the
combination thereof which could be individually supplied (like Pizza and Coke) but
sold together at a single price. In this case, the highest rate to the good in that mix
is applied on all the goods. The GST shall be applicable at appropriate prevailing
rates as notified by GST Act. In the event of delay in execution of contract, the
GST rate prevailing on the scheduled period or on the actual date of execution,
whichever is less only will be admitted.
30.8 The bidders should have registered under GST Act and furnish GSTIN.
In the event of contractor is within TN, SGST & CGST shall apply and if the
contractor is outside TN, IGST shall apply.
31. ARBITRATION ACT NOT TO APPLY:

31.1.The TANGEDCO will not accept any arbitration in case of disputes arising in
any respect under this contract. Any dispute arising out of this contract

31.2.Shall not be subject to arbitration under the provisions of Arbitration and


Conciliation Act 1996 in the event of any dispute between the parties.

Page 25 of 41
31.3.LEGAL STATUS OF THE FIRM:

31.4.The tenderers shall furnish necessary documents evidencing their legal


status of the firm along with their offer.

32. JURISDICTION FOR LEGAL PROCEEDINGS (AFTER AWARD OF


CONTRACT)

32.1.No suit or any proceedings in regard to any matter arising in respect of


this contract shall be instituted in any court, save in the High Court, Madras,
City Civil Court at Chennai or at the Court of small causes at Chennai. It is
agreed that no other court shall have jurisdiction to entertain any suit or
proceedings even though, part of the cause of action might arise with in their
jurisdiction. In case any part of the cause of action might arise within the
jurisdiction of any other Courts in Tamil Nadu and rest within the jurisdiction of
courts outside the Tamil Nadu,then it is agreed to between the parties that such
suits or proceedings shall be instituted in a Court within the State of Tamil Nadu
and no other court out side the State of Tamil Nadu shall have jurisdiction even
though any part of the cause of action might arise with in the jurisdiction of such
courts. The successful Tenderer shall furnish an under taking as per Annexure-II
in a non judicial stamp paper of Rs.80/- agreeing to the above condition.

32.2.Performance Guarantee will be released on expiry of guarantee period after


ensuring that defects / damages during the guarantee period are rectified /
replaced.

33.GENERAL CONDITIONS (STATUTORY COMPLIANCES)

33.1) The Contractor shall employ labour in sufficient numbers to maintain the
required rate of progress and of quality to ensure workmanship of the degree
specified in the Contract and to the satisfaction of the Engineer-in-Charge. The
Contractor shall not employ in connection with the Works any person who has not
completed his eighteen years of age.

33.2) The Contractor shall pay to labour employed by him either directly or
through digital transfer. The wages should not be less than fair wages as defined
in the current PWD Schedule rates (or) Minimum Wages Act (if applicable).

33.3) The Contractor shall in respect of labour employed by him comply with or
cause to be complied with the Contract Labour Regulations in regard to all matters
provided therein.

33.4) The Contractor shall comply with the provisions of the payment of Wages
Act, 1936, Minimum Wages Act, 1948, Employers„ Liability Act, 1938, Workmen„s
Page 26 of 41
Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefit Act,
1961, Employees Provident Fund & Miscellaneous Provisions Act, 1952,
Employees State Insurance Act, 1948, Payment of Bonus Act, 1965 and Mines Act,
1952, Contract Labour Regulation & Abolition Act, 1970 or any modifications
thereof or any other law relating thereto and rules made thereunder from time to
time.

33.5) The Engineer-in-Charge shall on a report having been made by an


Inspecting Officer as defined in the Contractors Labour Regulations have the
power to deduct from the moneys due to the Contractor any sum required or
estimated to be required for making good the loss suffered by a worker or workers
by reason of non-fulfillment of the Conditions of the Contract for the benefit of
workers, non payment of wages or of deductions made from his or their wages
which are not justified by the terms of the Contract or non-observance of the said
Contractors Labour Regulations.

33.6) The Contractor shall indemnify the Corporation against any payments to be
made under and for observance of the Regulations aforementioned without
prejudice to his right to claim indemnity from his sub- contractors. (if permitted)
33.7) In the event of the Contractor committing a default or breach of any of the
provisions of the aforesaid Contractors Labour Regulations as amended from time
to time or furnishing any information or submitting or filling any Form/
Register/Slip under the provisions of these Regulations which is materially
incorrect then on the Report of the Inspecting Officers as defined in the
Contractors Labour Regulations the Contractor shall without prejudice to any
other liability pay to the Corporation a sum not exceeding Rs. 50.00 as liquidated
damages for every default, breach or furnishing, making, submitting, filling
materially incorrect statement as may be fixed by the Engineer-in-Charge and in
the event of the Contractor„s default continuing in this respect, the liquidated
damages may be enhanced to Rs. 50.00 per day for each day of default subject to
a maximum of ten percent of the estimated cost of the Works put to tender. The
Engineer-in-Charge shall deduct such amount from bills or security deposit of the
Contractor and credit the same to the Welfare Fund constituted under
Regulations. The decision of the Engineer-in-Charge in this respect shall be final
and binding.
34. CONTRACT LABOUR REGULATIONS:
(34.1) Notice of commencement: The Contractor shall, within SEVEN days of
commencement of the work, furnish in writing to the Inspecting Officer of the area
concerned the following information:

(a) Name and situation of the work.


(b) Contractor's name and address
(c) Particulars of the Department for which the work is undertaken,
(d) Name and address of sub-contractors as and when they are appointed.
(e) Commencement and probable duration of the work.
Page 27 of 41
(f) Number of workers employed and likely to be employed.
(g) 'fair wages' for different categories of workers.

(h) Number of hours of work which shall constitute a normal working day:-

The number of hours which shall constitute a normal working day for an
adult shall be NINE hours. The working day of an adult worker shall be so
arranged that inclusive of intervals, if any, for rest it shall not spread over more
than twelve hours on any day, when an adult worker is made to work for more
than NINE hours on any day or for more than FORTY EIGHT hours in any week he
shall, in respect of overtime work, be paid wages at double the ordinary rate of
wages.

(34.2) Weekly day of rest: Every worker shall be given a weekly day of rest which
shall be fixed and notified at least TEN days in advance. A worker shall not be
required or allowed to work on the weekly rest day unless he has or will have a
substituted rest day, on one of the five days immediately before or after the rest
day. Provided that no substitution shall be made which will result in the worker
working for more than ten days consecutively without a rest day for a whole day.

(a) Where in accordance with the foregoing provisions a worker works on the rest
day and has been given a substituted rest day he shall be paid wages for the work
done on the weekly rest day at the overtime rate of wages.

(b) Note: The expression 'ordinary rate of wages' means the fair wage the worker is
entitled to.

(c) Display of notice regarding Wages, Weekly Day of Rest etc. The Contractor shall
before he commences his work on contract, display and correctly maintain and
continue to display and correctly maintain in a clean and legible condition in
conspicuous places on the works, notice in English and in the local Indian
Language, spoken by majority of workers, giving the rate of fair wages, the hours
of work for which such wages are payable, the weekly rest days workers are
entitled to and name and address of the Inspecting Officer. The Contractor shall
send a copy each of such notices to the Inspecting Officers.

(34.3) Register of Workmen: A register of workmen shall be maintained in the Form


appended to these regulations and kept at the work site or as near to it as
possible, and the relevant particulars of every workman shall be entered therein
within THREE days of his employment.

(34.4) Employment Card: The contractor shall issue an employment card in the
Form appended to these regulations to each worker on the day of work or entry
into his employment. If a worker already has any such card with him issued by the
previous employer, the contractor shall merely endorse that Employment Card
with relevant entries. On termination of employment the Employment Card shall
again be endorsed by the Contractor and returned to the worker.

Page 28 of 41
(34.5) Register of Wages etc. : A Register of Wages-Cum-Muster Roll in the Form
appended to these regulations shall be maintained and kept at the work site or as
near to it as possible.

(34.6) Fines and deductions: Wages of a worker shall be paid to him without any
deductions of any kind except the deduction for damage to or loss of goods
expressly entrusted to the employed person for custody, or for loss of money
which he is required to account for, where such damage or loss is directly
attributable to his neglect or default;
(a) No fine shall be imposed on a worker and no deductions for damage or loss
shall be made from his wages until the worker has been given an opportunity of
showing cause against such fines or deductions.

(b) The Contractor shall maintain a register of fines and the register of deductions
for damage or loss in the Forms appended to these regulations which should be
kept at the place of work.

(34.7) Register of Accidents : The Contractor shall maintain a register of accidents


in such form as may be convenient at the work place but the same shall include
the following particulars:--

(a) Full particulars of the labourers who met with accident.

(b) Rate of Wages.


(c) Sex.
(d) Age.
(e) EPF UAN number (f) ESI number
(g) Aadhaar number
(h) Nature of accident and cause of accident.
(i) Time and date of accident.
(j) Date and time when admitted in hospital.
(k) Date of discharge from the hospital.
(l) Period of treatment and result of treatment.
(m) Percentage of loss of earning capacity and disability as assessed by
Medical Officer.

(n) Claim required to be paid under Workmen's Compensation Act. (o) Date
of payment of compensation.
(p) Amount paid with details of the person to whom the same was paid.

(q) Authority by whom the compensation was assessed.


(r) Remarks. [Note: k,l,m,n for the workmen not covered under the ESI
provisions]

Page 29 of 41
(34.8) Preservation of Registers: The Register of workmen and the Register of
Wages-cum-Muster Roll required to be maintained under these Regulations shall
be preserved for 3 years after the date on which the last entry is made therein.

(34.9) Enforcement: The Inspecting Officer shall either on his own motion or on a
complaint received by him carry out investigations, and send a report to the
Engineer-in-Charge specifying the amounts representing Workers' dues and
amount of penalty to be imposed on the Contractor for breach of these
Regulations, that have to be recovered from the Contractor, indicating full details
of the recoveries proposed and the reasons there for. It shall be obligatory on the
part of the Engineer-in Charge on receipt of such a report to deduct such amounts
from payments due to the Contractor.
(34.10) Disposal of amounts recovered from the Contractor: The Engineer-in
Charge shall arrange payment to workers concerned within FORTY FIVE days from
receipt of a report from the Inspecting Officer except in cases where the Contractor
had made an appeal under Regulation 16 of these Regulations. In cases where
there is an appeal, payment of workers dues would be arranged by the Engineer-
in-Charge, wherever such payments arise, within THIRTY days from the date of
receipt of the decision of the competent authority.

(34.11) Welfare Fund: All moneys that are recovered by the Engineer-in Charge by
way of workers dues which could not be disbursed to workers within the time limit
prescribed above, due to reasons such as whereabouts of workers not being
known, death of a worker etc. and also amounts recovered as penalty, shall be
credited to a Fund to be kept under the custody of the Corporation for such benefit
and welfare of workmen employed by Contractors.

(34.12) Appeal against decision of Inspecting Officer: Any person aggrieved by a


decision of the Inspecting Officer may appeal against such decision to the
competent authority concerned within THIRTY days time stipulated from the date
of the decision, forwarding simultaneously a copy of his appeal to the Engineer-in-
Charge. The decision of the competent authority shall be final and binding upon
the Contractor and the workmen.

(34.13) Inspection of Books and other Documents: The Contractor shall allow
inspection of the Registers and other documents prescribed under these
Regulations by Inspecting Officers and the Engineer-in- Charge or his authorized
representative at any time and by the worker or his agent on receipt of due notice
at a convenient time.

(34.14) Interpretation, etc.: On any question as to the application interpretation or


effect of these Regulations, the decision of the Commissioner of Labour (or)
Director/ Industrial Safety and Health shall be final and binding.
(34.15) Amendments: Government may, from time to time, add to or amend these
Regulation and issue such directions as it may consider necessary for the proper
implementation of these Regulations or for the purpose of removing any difficulty
which may arise in the administration thereof.

Page 30 of 41
35. Compliance of EPF & MP Act, 1952:
(35.1) The Contractor who take up works contract for TANGEDCO/TANTRANSCO
is required to comply with all the relevant provisions stipulated in the EPF & MP
Act;

(35.2) The Contractor should have a separate EPF main code number.

(35.3) The Contractor should be responsible for the payment of necessary EPF
contributions both Employers and Employee‟s contribution as per the provisions of
the EPF Act in respect of the actual workers engaged for the specified works.

(35.4) The contractor should submit necessary returns to EPF Organization within
the stipulated time as required under the said EPF & MP Act.
(35.5) The Contractor should produce the proof of payment of contribution – both
Employer‟s and Employee‟s Contributions made to EPF Organization in order to
claim the Bills for the respective works.

(35.6) The contractor should be fully liable to meet and fulfill all the relevant
provisions of the EPF act in the respect of the execution of the Tendered work.

(35.7) In case the Contractor fails to fulfill any of the statutory provisions of the
EPF & MP Act and consequently it happens that TANGEDCO / TANTRANSCO Ltd
has to meet such requirements of the said Act or Statutory provisions in the
capacity of Principal Employer, TANGEDCO / TANTRANSCO shall make good such
requirements out of the money due and payable to the said Contractor and further
the performance of the said Contractor in this regard will be noted for all future
Contracts of TANGEDCO/TANTRANSCO.

(35.8) In respect of the category of employee for whom the wages are fixed at the
rate of Rs.500/- and above in the current PWD Schedule rates (or) say the monthly
wages of Rs.15,000/- above. The EPF employer contribution will be restricted upto
Rs.15,000/- only.

36 Compliance of ESI Act 1948 :


(36.1) The contractor who takes up the works contract for TANGEDCO &
TANTRANSCO is required to comply with all the provisions stipulated to ESI Act
1948.

(36.2) The contractor should have a separate ESI main code number.
(36.3) The contractor should be responsible for the payment of necessary ESI
contributions – both Employer‟s and Employee‟s contributions as per the
provisions of the ESI Act in respect of the actual workers engaged for the specified
works.
(36.4) The contractor should submit necessary returns to the ESI Organization
within the stipulated time as required under the said ESI Act.

(36.5) The contractor should produce proof of payment of contributions - both


Employer‟s and Employee‟s contributions made to ESI Organization in order to
claim the Bills for the respective work.

Page 31 of 41
(36.6) The contractor should be fully liable to meet and fulfill all the relevant
provisions of the ESI Act in respect of the execution of the Tendered work.

(36.7) In case the Contractor fails to fulfill any of the statutory provisions of the
ESI Act and consequently it happens that TANGEDCO & TANTRANSCO has to
meet such requirements of the said Act or Statutory provisions in the capacity of
Principal Employer, TANGEDCO & TANTRANSCO shall make good such
requirements out of money due and payable to the said Contractor and further
the performance of the said Contractor in this regard will be noted for all future
Contracts of TANGEDCO & TANTRANSCO.
(36.8) The contractor who claims exemption under the ESI Act should produce the
exemption order obtained from the Government/ESI organization.

(36.9) The contractor who claims exemption for those areas that are not covered
under the purview of the ESI Act, necessary evidence should be submitted by the
contractor to ensure that the revenue village where the work is being carried out
has not been covered under the implemented area of ESI.

(36.10) The category of employees (Technical Assistant II Grade) and above for
whom the wages are fixed at the rate of Rs. 700/- and above in the PWD Schedule
rates (or) the monthly wages of Rs.21,000/- above. Such employees will not be
covered under the ESI Act. In all such conditions, the Contractor has “to ensure
the medical benefits for the Workers engaged by the Contractors for the works
and has to take relevant group insurance policies with the applicability for giving
compensation to the workers” under the Employee‟s Compensation Act.
37. Statutory Compliance Clearance Certificate:-

(37.1) The Contractor executing the works contract in TANGEDCO/TANTRANSCO


should obtain the Statutory Compliance Clearance Certification from the Online
Compliance Service Providers engaged by TANGEDCO/ TANTRANSCO, the
required documents should be submitted by the contractors to the respective
Online Compliance Service Providers.

(37.2) The charges for Statutory Compliance Clearance Certification will be at the
rate of Rs.2.00/- per man day per month with minimum charges of Rs.400/- and
maximum charges of Rs. 3200/- and Rs.300/- for re-audit due to reasons
attributable to the contractor. The charges should be paid by the respective
contractors to the service provider through online.
38 The Building and Other construction Workers Act:-

38.1.other than the circle/station registered under the Factories Act) (a) The
contractor should obtain the Registration certificate under the Building and Other
construction Workers (Regulation of Employment and Condition of Service) Act,
1996 from the Competent Authority (the Joint Director/Industrial Safety and
Health (BOCW).
(38.2) The contractor should comply all the provisions of the Building and Other
construction Workers (Regulation of Employment and Condition of Service) Act,
1996.

Page 32 of 41
38.3 The Contract Labour (Regulation & Abolition) Act 1970 & Rules 1975 and
Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979 & Rules 1983.

(38.4) The Contractor who takes up a works contract for


TANGEDCO/TANTRANSCO should deploy sufficient number of workmen for the
work and the contractor should deploy 20 or more workmen on a day of
emergency (or) in necessity.

(38.5) The Contractors should comply with all the provisions of the Contract
Labour (Regulation & Abolition) Act, 1970 and Tamilnadu Contract Labour
(Regulation & Abolition) Rules 1975 as modified from time to time and shall also
indemnify TANGEDCO/TANTRANSCO from all and against any claims under the
aforesaid Act and the Rules. The contractors should also submit the copy of the
labour licence before executing the works.
(38.6) The Contractors who desires to engage the migrant workmen (workmen
from other states) for the works contracts of TANGEDCO/TANTRANSCO is
required to comply with all the provisions of the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979 and Tamilnadu
rules, 1983 as modified from time to time and shall also indemnify
TANGEDCO/TANTRANSCO from all and against any claims under the aforesaid
Act and the Rules The contractors should also submit the copy of the migrant
labour licence before executing the works.

(38.7) The contractors should maintain the following records as per section 78 of
Contract Labour (Regulation & Abolition) central rules 1971.
(i) Muster Roll in Form – XVI.
(ii) Register of Wages in Form – XVII.
(iii) Register of overtime in Form – XVIII.
(iv) The contractor shall issue a photo identity card to his employees.
39. Wages:-

(39.1) The Wages prescribed for the contractor/ industry/ establishment as per
rates of Minimum Wages notified by the Government of Tamilnadu under the
Minimum Wages Act, 1948 or the current PWD rates of wages,
whichever is higher is to be paid by the contractor to their employees.

(37.2) The contractor should pay the wages before the expiry of seventh day as per
section 65 and shall issue wage slip in Form – XXVIII to the workmen as per
section 78(b) of The Tamil Nadu Contract Labour Rules, 1973.
The copies of the wage slip so issued to the workmen should be maintained by the
contractor and produced as when called for.

Page 33 of 41
40. EPF Documents to be Produced for Claiming Bills:-

(40.1) The EPF contribution should be remitted separately (by separate Challan)
for each and every work. The acceptance order/ formal order reference number
should be entered in the remarks column of the ECR Challan (Electronic Challan
Cum Return) and the same should be submitted.

(40.2) The payment confirmation receipt should be submitted (the payment


confirmation date is mandatory)

(40.3) The combined Challan of Account No. 1,2,10,21 & 22 should be submitted.

(40.4) All the documents should duly signed with seal by the contractor.

41. ESI Documents for While Claiming Bills:-

(41.1) The Monthly Contribution Challan Form should be submitted (Transaction


status field – completed successfully is mandatory).

(41.2) The contribution history of the respective months should be submitted.

(41.3) The month wise statement should be submitted showing the details of the
employees utilized by the contractors for the specific work and the contribution
remitted as
per the below format.

S.No IP.No IP.Name No. of days Wages IP Contributions

(41.4.) All the documents should duly signed with seal by the contractor.

42) TAMILNADU RATIONALISATION FORMS AND REPORTS UNDER CERTAIN


LAWS RULES 2020
42.1.The contractor should comply/ maintain the applicable new combined forms
introduced vide the following Acts/ Rules.
42.2. The Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975.
42.3. The Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) (Tamil Nadu) Rules, 1983.
42.4. The Tamil Nadu Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Rules, 2006.

New Forms:
FORM I Certificate of Registration of Principal Employer/Employer (under 3 Rules)
Page 34 of 41
FORM II Application for Licence/ Renewal of Licence (under CLRA and ISMW
Rules)
FORM III Form of Certificate by Principal Employer (under CLRA and ISMW Rules)
FORM IV Certificate of Initial and Periodical Test and Examination of Various
Appliances (under BOCW Rules)
FORM V Application for Adjustment of Security Deposit (under CLRA and ISMW
Rules)
FORM VI Licence and Renewal (under CLRA and ISMW Rules)

FORM VII Notice of commencement/ completion of work (under CLRA and BOCW
Rules)
FORM VIII Service Certificate (under 3 Rules)

FORM IX Certificate of Medical Examination (under BOCW Rules)

FORM X Report on recruitment and employment of migrant workmen and


cessation of employment of migrant workmen (under ISMW Rules)

FORM XI Report of Poisoning or Occupational Notifiable Diseases/ Accidents and


Dangerous Occurrences (under BOCW Rules)
FORM XII Application for Registration of Establishments Employing Contract
Labour or Migrant Workmen or Building Workers (under 3 Rules)
43 Agreement and Undertaking to be furnished by the contractors in respect
of the Statutory Provisions:-

(43.1) An undertaking as specified in Annexure-A should also be obtained from the


contractors to ensure the remittance of EPF & ESI, Employee and Employer
contribution for the respective works while claiming the bills.

(43.2) The TNEB (TANGEDCO/ TANTRANSCO) registered contractor, who wants to


execute the works in a circle shall be instructed to execute an agreement
[Annexure I] with respective Superintending Engineer‟s of the circle.

44.SAFETY CONDITION:-

(44.1) All the relevant personal protective equipments like safety helmets, safety
shoes, safety belt, goggles, nose mask, face mask, dust respirator, asbestos sult,
apron, leg guards, rubber gloves, face shield hand sleeves, ear plug, ear muff,
fiber helmet, fall net etc., should be supplied by the contractors to their workmen
and ensure for proper usage by their workers without fail.
(44.2) Proper welding machines with accessories, good and sound construction of
hand tools, power tools such as grinding machines, cutting machines, chipping
tools, scaffolding materials, etc., should be used. Proper earthing to be provided
wherever necessary.
(44.3) The contractor shall not allow his workmen to wear loose garments, like
lingoes, dhotis, watches, loose jewels and bangles, etc., while at work and smoke
cigarettes, beedies etc., inside the power house premises.

Page 35 of 41
(44.4) The contractor shall ensure that his workmen wear tight full or half pants
while at work inside the powerhouse premises.

(44.5) Technically skilled and also safety-oriented supervisor should supervise the
work at all times.
(44.6) If any accident occurs, it should be informed to the concerned officer of
TANGEDCO in writing by the concerned contractor immediately.

(44.7) For any safety violation and non-compliance of the statutory provisions and
rules the contractor is sole responsible and the contractor is liable for any
prosecution and imposition of penalty as per the rules in force.

(44.8) Every opening in the floor of a building or on a working platform shall be


provided with suitable means to prevent the fall of persons or materials by
providing suitable fencing or railing with a minimum height of 1 meter.
(44.9) All practical steps shall be taken to prevent danger to persons employed,
from risk or fire or explosion, or flooding. No floor, roof, or other part of a building
shall be so overloaded with debris or materials as to render it unsafe.

44.10.All necessary personal safety equipment as considered adequate by the


Engineer-in-Charge shall be available for use of persons employed on the Site and
maintained in a condition suitable for immediate use; and the Contractor shall
take adequate steps to ensure proper use of equipment by those concerned.

44.11. When workers are employed in sewers and manholes, which are in use the
Contractor shall ensure that manhole covers are opened and manholes are
ventilated at least for an hour before workers are allowed to get into them.
Manholes so opened shall be cordoned off with suitable railing and provided with
warning signals or boards to prevent accidents to the public.
44.12. No paint containing lead or lead products shall be used except in the form
of paste or readymade paint.
44.13. Suitable face masks shall be supplied for use by workers when paint is
applied in the form of spray or a surface having lead paint dry rubbed and
scrapped.
44.14. Use of hoisting machines and tackle including their attachments,
anchorage and supports shall conform to the following:–
44.15. These shall be of good mechanical construction, sound material and
adequate strength and free from patent defects and shall be kept in good working
order and properly maintained.

44.16. Every rope used in hoisting or lowering materials or as a means of


suspension shall be of durable quality and adequate strength, and free from
patent defects.
44.17 The Contractor shall at his own expense arrange for the safety provisions as
appended to these conditions or as required by the Engineer-in-Charge, in respect
Page 36 of 41
of all labour directly employed for performance of the works and shall provide all
facilities in connection therewith. In case the Contractor fails to make
arrangements and provide necessary facilities as aforesaid, the Engineer-in-Charge
shall be entitled to do so and recover the cost thereof from the Contractor.
44.18. Failure to comply with Safety Code shall make the Contractor liable to pay
to the Corporation as liquidated damages an amount not exceeding Rs. 50.00 for
each default or materially incorrect statement. The decision of the Engineer-in-
Charge in such matters based on reports from the Inspecting Officers as defined in
the Contract Labour Regulation as appended to these conditions shall be final and
binding and deductions for recovery of such liquidated damages may be made
from any amount payable to the Contractor.

44.19. All scaffolds, ladders and other safety devices mentioned or described
herein shall be maintained in a safe condition and no scaffold, ladder or
equipment shall be altered or removed while it is in use. Adequate washing
facilities shall be provided at or near places of work.
44.20. These safety provisions shall be brought to the notice of all concerned by
display on a notice board at a prominent place at the work spot. Persons
responsible for ensuring compliance with the Safety Code shall be named therein
by the Contractor.

44.21 To ensure effective enforcement of the rules and regulations relating to


safety precautions, arrangements made by the Contractor shall be open to
inspection by the Engineer-in Charge or his representatives and the Inspecting
Officers as defined in the Acts/Rules applicable.

SD/-08.12.23
Superintending Engineer
Namakkal EDC

Page 37 of 41
SCHEDULE – A1

DEVIATION FROM TECHNICAL SPECIFICATION

All technical deviations from the specification shall be filled in by the Tenderer, Clause by
clause, in the Schedule.

SECTIO CLAUSE NO. DEVIATION


N NO.

The Tenderer hereby certifies that the above mentioned are the only deviations from the
TECHNICAL Specification and the tender confirms to the specification in all other respects.

COMPANY SEAL: SIGNATURE :


DESIGNATION :

COMPANY :
DATE :

Page 38 of 41
SCHEDULE – A2
DEVIATION FROM COMMERCIAL TERMS

All deviations from the commercial terms shall be filled in by the Tenderer, Clause by clause, in the
Schedule.

SECTIO CLAUSE NO. DEVIATION


N NO.

The Tenderer hereby certifies that the above mentioned are the only deviations from the
Commercial terms of the Specification.

COMPANY SEAL: SIGNATURE :


DESIGNATION :

COMPANY :
DATE :

Page 39 of 41
ANNEXURE I
DECLARATION FORM
(To be signed with company seal on letter head and uploaded in the
technical Bid)
TENDER ACCEPTANCE LETTER
(To be given on Company Letter Head) Date:
To,
----------------------------------
Sub: Acceptance of Terms & Conditions of Tender.
Tender Reference No: ------------------------Name of Tender/Work
Dear Sir,
1. I/We have downloaded / obtained the tender document(s) for the above
mentioned „Tender/Work‟ from the web site(s) namely:
--------------------------------------------------------------------------------------------------
As per your advertisement, given in the above mentioned website (s).
2. I/We hereby certify that I/We have read the entire terms and conditions of
the tender documents from page No.------ to --------(including all documents like
annexure(s), schedule(s), etc.,) which form part of the contract agreement and
I/We shall abide hereby the terms / conditions / clauses contained therein.
3. The corrigendum(s) issued from time to time by your department/
organization too has also been taken into consideration, while submitting this
acceptance letter.
4. I/We hereby unconditionally accept the tender conditions of above
mentioned tender document(s) corrigendum(s) in its totality / entirety.
5. In case any provisions of this tender are found violated, then your
```````````````````````````````````````````````````````````````````````````````````````````````````````````````````
```````````````````````````````````````````````````````````````````````````````````````````````````````````````````
`````````````````````````````````````````````````````````````````liberty to reject this tender/bid
including the forfeiture of the full said earnest money deposit absolutely.

Yours Faithfully,

(Signature of the bidder,)

Page 40 of 41
ANNEXURE II
UNDERTAKING TOWARDS JURISDICTION OF LEGAL PROCEEDINGS
(To be furnished in non - judicial stamp paper of value not less than Rs. 80/-(Rupees
Eighty Only)
This undertaking executed at.........................……................on this --------------
(Date)....................(Month) two thousand and .............. by
M/s......................................................................................Registered under Companies
Act, 1956 having its registered office at .................................hereinafter called the
contractor (which expression shall where the context so admits mean and include its
successors in office and assigns) and in favour of Tamil Nadu Generation and Distribution
Corporation Ltd a body constituted under the Electricity (Supply) Act. 1948, (CA LIV of
1948) having its registered Office at No.800, Anna Salai, NPKRR Maaligai, Chennai - 600
002 herein after called the purchaser (which expression shall where the context so admits
means and includes its successors in Office and assigns)
WHEREAS the contract is for the supply of ..................... has been awarded in favor of
the contractor under the Purchase Order No....................... dated........................
AND WHEREAS in accordance with the terms of the above mentioned Purchase Order,
the contractor has to furnish an undertaking that no suit or any proceedings in regard to
any matter arising in any respect under this contract shall be instituted in any court
other than in the High Court, Madras or District Court at .......................or Sub-Court at
..................or at the District Munsif Court at ........................ , as the case may be.
IN CONSIDERATION of the Board having agreed to accept the undertaking the Contractor
hereby undertakes that no suit or any proceedings in regard to any matter arising in
respect of this contract shall be instituted in any Court, save in the High Court, Madras
or District Court at Salem or Sub-Court at Namakkal.or at the District Munsif Court at ...
Namakkal...... as the case may be. It is agreed that no other court shall have jurisdiction
to entertain any suit or proceedings, even though, part of the cause of action might arise
within their jurisdiction. In case any part of the cause of action might arise within the
jurisdiction of any of the Courts in Tamil Nadu and rest within the jurisdiction of Courts
outside the State Tamil Nadu, then it is agreed to between the parties that such suits on
proceedings shall be instituted in a Court within the State of Tamil Nadu and no other
Court outside the State of Tamil Nadu shall have jurisdiction.
IN WITNESS WHEREOF of Thiru………………………………… of
M/s………………………………hereby put his hand and seal for due observance of the
Undertaking in the presence of the following witnesses.
COMPANY SEAL SIGNATURE:
DESIGNATION:
COMPANY:
DATE:
WITNESS:
1.

2.
Signature Not Verified
Digitally signed by M SUJATHA
Date: 2023.12.08 18:38:25 IST
Location: Tamil Nadu-TN
Page 41 of 41

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